2. What were some forerunners of classical thought in criminology?

Question

What will be an ideal response?

Answer 1

In primitive societies that did not have written law, the idea of crime as a violation of established law did not exist. However, they did have accepted notions of right and wrong. William Graham Sumner describes the three basic forms of behavioral strictures imposed by social groups upon their members: mores, folkways, and laws. Mores and folkways are informal and govern behavior in relatively small primitive societies. Mores are proscriptions covering potentially serious violations of a group's values, such as murder, rape, and robbery. Folkways are time-honored customs; their violation is less likely to threaten the survival of the social group. In large complex societies, folkways and mores are reinforced and formalized through written laws that have been codified into formal strictures that were created specifically for enforcement purposes.

The demonic era was a period in history when evil behavior was explained cosmically, through ideas such as divine punishment, karma, fate, and vengeful activities of offended gods. Early explanations of personal deviance ranged from demonic possession to spiritual influences to temptation by fallen angels.

Some of the early sources of criminal law that predate the Classical School include the Code of Hammurabi, Early Roman Law, English common law, and the Magna Carta. The Code of Hammurabi, which dates back to about 1700 B.C., is one of the first known bodies of written law. It was originally intended to establish property and other rights but also addressed issues of theft, property ownership, sexual relationships, and interpersonal violence. It emphasized retribution but also attempted to keep cruelty within bounds.

Early Roman law derived from the Twelve Tables, a collection of basic rules regulating family, religious, and economic life that were written around 450 B.C. The English common law is a traditional body of unwritten legal precedents that was created through everyday practice in English society, was based on shared traditions and standards, and was supported by court decisions during the Middle Ages. It was declared the law of the land in the 11th century. Common law today forms the basis for much of our statutory and case law and has been called the major source of modern criminal law in English-speaking countries around the world.

Finally, the Magna Carta was signed in 1215 by King John of England; in the document, the King pledges to respect the traditional rights of British barons and to be bound by law. It was later interpreted as supporting jury trials and guaranteeing basic individual rights and liberties for all British citizens.