From Journal of Social Studies Vol. II, No. 1, Spring 1940

By Benjamin B. Ferencz

Criminal law and criminology have, for the past several years, been confronted with a problem that reaches the very foundations and basic philosophies underlying the study and treatment of social offenders. Simply, the controversy revolves about the question; "Shall the main concern underlying penal treatment be the matter of the offense committed, or the person offending?" Representing the extreme positions in both points of view,-- generally designated as Classical and Positive,-- the conflict between the legal profession and psychiatry has later emerged.

About the middle of the 18th century there began to arise a philosophical school, led by Rousseau and Bentham, which emphasized the rationality of man, hedonism, and the social contract theories. These philosophical principles drew attention to the great injustices and inequities that prevailed in the legal system. As a result,......

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Title: Law & Order
Approximate Word Count: 1652
Approximate Pages: 7 (250 words per double-spaced page)

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