The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
THEORIES- The logical investigation of the reasons for misconduct and wrongdoing has been generally guided by hypothesis. A decent hypothesis is said to give a fundamental focal point through which to decipher and comprehend the appearance of a conduct. In the field of criminology, the hypothetical focal point has been fundamentally guided by ideas relevant to the fields of human science, brain research, and science, and the conduct to be clarified is ordinarily conduct that abuses the systematized laws of our general public (i.e., wrongdoing and misconduct).
Albeit confined hypotheses have given exact understanding into the significant elements saw and expected to clarify misconduct and wrongdoing, no single hypothesis can satisfactorily clarify a wide range of wrongdoing and wrongdoing or the entirety of the variety in wrongdoing and misconduct. Because of the nonattendance of a “wizardry slug” hypothesis, researchers have started to incorporate speculations in order to explain a more prominent extent of misconduct and wrongdoing.
Hypothetical joining by and large includes acquiring hypothetical builds from contending hypotheses and consolidating them into a solitary hypothesis. Coordinating hypotheses inside criminology is especially beneficial on the grounds that it permits researchers to start to comprehend the conduct under investigation in a more perplexing, and conceivably more complete, way. In criminology, inspecting why individuals carry out crime is vital in the continuous discussion of how crime ought to be taken care of and forestalled. Numerous speculations have arisen throughout the long term, and they keep on being investigate, separately and in blend, as criminologists look for the best arrangements in eventually diminishing sorts and levels of crime.
Crime is a broader term and it has varied definition and keeps changing with the time and society.
It simply means an act to commit with the intention of committing the crime. If these two elements are fulfill then it will be consider as crime. It is part of the human nature and is based on the psychological, social and biological aspect.
Theories in crime are made so that a person can understand and explain the causation behind any crime that takes place. There are even hopes to discover new things while following these theories while investigating a crime or just studying intensively about it. Let us discuss some theories of crime to understand it better.
The classical theory of crime is about the clear thinking and rationality of the person committing the crime. In simple terms it means that the person can distinguish between right and wrong, yet does the act after weighting the hurt and pleasure that they would get of the crime. The two main profounder of this theory are Jeremy Bentham and Cesare de beccaria. Bentham contributed in classical think by the ‘UTILITARIAN’ principle, which means maximum number of happiness to maximum number of people. The theory of Bentham was based on pleasure and pain principle i.e maximizing pleasure and minimizing pain. As Bentham’s core principle is free will and it assumes that people are born free and exercise their will, so they are accountable for their actions.
Cesare Beccaria wrote an essay “crime and punishments”, which attribute classical criminological theory. He supported the social contract theory propounded by Hobbes, Locke, and Rousseau. He believes that laws need to put into place in order to make punishments consistent and in line with the crime.
This theory can be defined as “New classical theories that view crime as influenced by criminal opportunities to commit crime.” It argues that more action and less theory is needed but also overlooks the fact that those very theories are rooted in assumptions utilitarianism and hedonism.
This theory is a part of neoclassical theory that “proposes that offenders weigh the opportunities, cost and benefits of particular crimes”. The theorist believes that even though the criminal is fully in their senses, they still commit crimes because of the benefits that they get at the end result. They also emphasize more on presence of various circumstances for the commission of crime
It is believe that criminal behavior is acquire from the people who commit heinous crimes. The more this person takes interest in the crime being done, the more dangerous their intention to commit the crime becomes. Mainly sociological theory is based on four deviant theories.
This theory shows the relationship between crime and law by which the affluent community in the society. Use their power in relation to the law. In order to rule over the poor or less fortunate section of the society.
Radica theory connect to conflict criminology where it focuses on the Marxist theory and the ruling class. It considers that the ruling class uses crime as a tool to subjugate the lower class. It is not support by any policies of the government.
Radical criminology has been highly criticize as it fails to take other existing reasons for the existence of crime. It also fails to elaborate on the crime rate. Being low in some of the capitalist nations given the fact that radical theory. Believes that capitalism is always a source of crime. Moreover, there are many countries that have left capitalism and faces high rate of crime.
So these are some of the theories of crime which are dealt above.
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