This Research paper is written by Aastha Jha of Alliance University, an intern under Legal Vidhiya
ABSTRACT
This research paper examines positive theories of crime, which focus on understanding why people commit crimes rather than dictating how they should be punished. The paper presents an outline of the essential concepts and assumptions supporting positive theories such as strain theory, social learning theory, and control theory. It also investigates the empirical data supporting these theories, as well as their practical consequences for understanding and controlling criminal conduct. Ultimately, the research emphasises the need of using a constructive approach to understanding crime, which recognises the intricate interaction of individual, societal, and environmental elements in generating criminal conduct.
Keyword- positive theory, crime, social learning, criminal conduct
INTRODUCTION
The Positive Theory of Crime is a criminological theoretical approach that focuses on the variables that encourage individuals to commit crime in order to understand why people participate in criminal behaviour. This viewpoint differs from classic criminological views, which see criminal behaviour as the result of individual disease or social failure. The Positive Theory of Crime, on the other hand, contends that crime is a rational decision made by individuals who assess the rewards of illegal action against the potential costs and hazards involved.
In this research paper, we will look at the Positive Theory of Crime’s core ideas and principles, as well as the empirical data that supports this viewpoint. We will also look at the consequences of this theory for our understanding of criminal behaviour and the creation of successful crime prevention and intervention techniques. We believe that through researching the Positive Theory of Crime, we can get a better understanding of the complex elements that contribute to criminal behaviour and pave the way for more successful methods to crime prevention and intervention.
DEFENITION
Crime, according to the positive law theory, is a man-made invention in which he himself obliges or specifies an activity. According to this viewpoint, crime is defined as a breach of a man-made order issued by a sovereign authority; a violation characterised as a public wrong.
For example, murder, mutilation, or slander of a neighbour is only a crime if declared by a sovereign authority. The advantage of positive law is its accuracy and predictability, as opposed to natural law’s theoretical despotism and its ambiguity and unpredictability.
SCHOOL OF THOUGHTS ON POSITIVE THEORY
Prior to the American Revolution, various political thinkers such as John Austin and Thomas Hobbes articulated the command theory of law, which states that the only legal authorities recognised by the courts are the commands of the sovereign, because only the sovereign has the power to enforce its commands through military and police force. Austin defines positive law as the command of the sovereign since the notion of command is central to it. Positive law has its own criteria, which is the philosophy of legal positivism, which is based on the three principles of sovereign, command, and sanction. This simply implies that any breach of the directives issued by the sovereign’s ultimate political leader is an offence and is punishable.
“The notion of law has no moral connotation whatsoever,” said Hans Kelsen, an Austrian jurist. According to Kelson, previous legal theories were hopelessly tainted with political ideology and moralising. As a result, he proposed the concept of ‘pure positive law theory,’ which focused solely on law. Kelsen aimed to define his idea of pure positive law by removing all moral law rules from positive law. In contrast to God’s moral rule, he claimed that legal standards are the result of determined human activities.
THEORIES AND MODEL OF POSITIVE CRIMINOLOGY
While positive criminology combines several ideas and approaches, they all follow the same methodology. They concentrate on values and characteristics considered as beneficial and capable of diverting people away from criminal conduct, deviant behaviour, and, most importantly, mental suffering. While there are several complimentary models and ideas, the following list includes those that strongly fit with positive criminology values, most notably the capacity to deal with obstacles rather than resort to crime.
In the case of R v. Dudley and Stephens (1884), two stranded seamen killed and ate a third sailor in order to live. Due to the extraordinary conditions, they encountered, the court adopted positivist principles and ruled that the seamen were not morally accountable for their acts.
FACTORS OF PROTECTION AND RESILLENCE
Individuals must be resilient in order to manage with danger and stress, as well as recover from harmful settings and tough conditions. It necessitates a mix of emotional fortitude, good adjustment, and strong social, familial, and personal safeguards.
Positive criminology acknowledges the need of perseverance in the face of adversity and danger. Moreover, it can promote growth rather than participation in a criminal life for potential first-time offenders or reoffenders.
GROWTH OUT OF TRAUMA
Trauma can shake its survivors’ lives, damaging relationships, values, and beliefs, and for some, lead to socially unacceptable behaviour. Yet, through learning to deal with the aftermath, new abilities and personal resources might emerge. Moreover, such post-traumatic growth might result in the discovery of new purpose in life or a revitalised sense of self. This viewpoint supports the salutogenic hypothesis, which holds that pleasant and bad events form and cohere our life.
RISK FACTOR INTERPRETATION
People react differently to risk factors such verbal and physical abuse, failing education, and bad parenting. In a study of teenagers whose parents were drug users, the meanings they assigned to unpleasant parts of their life determined whether they started using drugs or engaged in criminal activities (Ronel & Haimoff-Ayali, 2009). According to the salutogenic theory, their eventual conduct was influenced by their perceptions of their parents, themselves, and other key persons in their life. The method also supports the notion that positive interpretation of stressful circumstances can promote transformational change and active growth.
GOODNESS EXPOSURE
Positive human values (such as kindness and goodness) can assist prevent at-risk persons from pursuing a criminal path. Participating in activities, such as volunteering, helps shift teenagers’ perspectives from egocentric to establishing a more healthy, wider vision of the world. Adding to the salutogenic paradigm, the world as a place to live can transform to one in which goods can be offered without expecting anything in return. Many at-risk individuals who were active in volunteering found significance in their work and improved their ability to self-examine and make more positive life choice.
SOCIAL ACCEPTANCE
Positive criminology investigates the benefits of social acceptability, whereas ‘traditional’ psychology and criminology focus on the drawbacks. Moreover, substituting inclusion for exclusion can have profound consequences. Rather than considering people released from jail as morally repugnant, mutual acceptance can help with reintegration and promote continuing behavioural improvement.
DESISTANCE FROM CRIME
Positive criminology investigates why people stop from future criminal action rather than why they reoffend. The route to full recovery, like that of drug addicts, is aided by a gradual transfer from a delinquent to a healthy social network. According to research on ex-offenders, the shift was a succession of incremental actions that led to them ceasing illegal activity. They rebuilt their lives and successfully assimilated into the community in which they reside along the road.
CRIMINOLOGY AS PEACEMAKER
Despite common belief, crime in the United States has declined significantly since the early 1990s.To make matters worse, proponents of positive criminology want to replace the punitive paradigm of law enforcement with one of love and compassion while limiting public danger. They intend to “decrease violent crime using peaceful, tranquil measures, in other words, in a constructive manner.”Such an approach is predicated on wide changes in social, economic, and political elements, which will result in a more positive, humanistic society.
RESTORATIVE JUSTICE
Restorative justice seeks to right the wrongs caused by the offence (rather than the offender) by assisting in the healing and repair of physical and nonphysical damage.
This demands the culprit to accept responsibility for what they have done and the harm they have caused. Mediation, rehabilitation, and dispute resolution are all components of offenders’ reintegration into the society Restorative justice is also gaining popularity.
CONCLUSION
In conclusion, the positive theory of crime offers a fresh look at the factors that contribute to criminal conduct. It implies that illegal action is a reasonable decision made by those who want to maximise their gains while minimising their expenses. This hypothesis has helped to explain numerous sorts of criminal conduct, such as white-collar crime and organised crime.
The positive explanation of crime, however, has flaws, including the inability to explain why some people choose not to participate in illegal action despite identical conditions. Moreover, the theory’s emphasis on human choice and rational decision-making may be perceived as unduly simple and dismissive of larger social and economic variables that contribute to criminal conduct.Notwithstanding its shortcomings, the positive theory of crime persists.
Notwithstanding its shortcomings, positive criminology remains an essential and significant addition to criminology. It has contributed to the creation of new policies and interventions targeted at preventing and decreasing crime by providing fresh insights into the complex nature of criminal conduct. Future study might expand on the positive theory of crime to investigate the interaction of individual decision-making and wider societal forces in determining criminal conduct.
REFRENCE
2.https://study.com/academy/lesson/positivist-criminology-definition-theory.html
3.https://en.m.wikipedia.org/wiki/Positivist_school_(criminology)
4.https://www.masterclass.com/articles/positivist-criminology
5.https://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0324.xml
6.https://openoregon.pressbooks.pub/ccj230/chapter/4-6-positivist-criminology/
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