CJU CH 3.pdf - Development of Law ● Codes of conduct have been around for centuries ○ Code of Hammurabi ○ Mosaic Code of Israelites ● Barbaric

CJU CH 3.pdf - Development of Law ● Codes of conduct have...

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Development of Law Codes of conduct have been around for centuries Code of Hammurabi Mosaic Code of Israelites Barbaric punishments and strange trials were common in early world history Trial by ordeal Classical School: Cesare Beccaria Believed free will, logic, and rationality were central in decisions to commit crime Punishment should be proportionate to crime Deterrence Specific vs General Jeremy Bentham Hedonistic Calculus Minimize pain and maximize pleasure Utilitarianism Greatest good for the greatest number Panopticon prison design Role and Purpose of Law Four principles associated with the rule of law: Members of government are accountable under the law Laws must be clear, publicized, stable, fair, and protect fundamental rights Laws are enacted, administered, and enforced in a fair and efficient manner Access to justice is denied to no one In order to achieve those ideals Laws must not be retroactive Laws should remain stable Rules and procedures for making law need to be well defined The judiciary must remain independent of outside influences and political agendas Discretion must be used fairly Goals of Law: Retribution Restitution Rehabilitation
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  • Fall '07
  • FITCHELBERG

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