By Ronaldo Porto Macedo Jr.
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These ideas were very influential in reforming criminal codes and informing legislative changes in a number of different social contexts. They were particularly influential in France at the time of the French Revolution and, it is argued, informed the formulation of the American Constitution. However, despite the significant ways in which these ideas underpinned major changes in different legal frameworks, these changes did not accommodate the issue of the differences in individuals’ offending behaviour in general neither did it accommodate children’s criminal behaviour or that of the insane.
Consequently, as social conditions worsened for many sections of different societies after the Industrial Revolution, the idea of individuals being motivated by hedonism and free will lost some of its popularity. In its place a more controlled image of the human being was constructed. This image reflected one of the ideas that contributed to the birth of positivism within criminology. Positivist criminology Many reviews of the development of criminology begin with reference to the influence of positivism.
This led to what Hopkins Burke (2001) calls the ‘neo-classical compromise’. This view tried to take account of the fact that the insane or children might not be as responsible for their actions as was presumed by the rational actor of classicism and permitted ‘experts’ (doctors, social workers, psychiatrists) to speak for these offenders. Thus neo-classicism draws on a model of the individual that suggests that their actions are predetermined in some way; hence the neo-classical compromise. Thus this is the view that draws on the concepts of free will and determinism simultaneously.