Posted: July 19th, 2022

Montesquieu advocated for the preservation of law and civil liberties

In at least 3 well-developed paragraphs;

1-Identify the main concepts of Montesquieu, Beccaria, and Bentham

2-Assignment help – Discuss examples of these concepts that you find in today’s corrections system.

3-What has changed since the days of Enlightenment thinking?

4-What hasn’t changed?
Law
Name
Institution

Law
Montesquieu advocated for the preservation of law and civil liberties. He was also of the opinion that political institutions should be a reflection of geographical and social facets of every community (Rennison, & Dodge, 2015). As such, Montesquieu pleaded in favour of light and moderate punishment. According to him, the civil laws do not require to utilize excess force and severity. The contemporary correctional systems still utilize Montesquieu’s concepts. For instance, states are getting rid of capital statements with nineteen states having eradicated the death penalty (Rennison, & Dodge, 2015). Moreover, the correctional systems are currently focused on showing integrity and dignity by giving offenders the chance to participate in productive work that will enhance community integration and promote self-worth.
Beccaria believed in the need for a criminal justice system, and the right of the government to have punishments and laws. Bentham also advocated for punishments for wrong doers. He was of the opinion that criminals should be given punishment with the aim of prevention and not revenge (Rennison, & Dodge, 2015). Furthermore, he believed offenders would perceive pain linked to punishment against any pleasure gotten from committing a crime. Today’s corrections systems still discourage criminal activities by setting criminal punishments serious enough to keep individuals from choosing to commit crimes. Such punishments include jail terms, capital punishment, restitution, fines etc.
There is little change since the days of Enlightenment thinking. However, one of the most noticeable changes in the contemporary world is the amalgamation of religion with the protection of private convictions (Pinker, 2019). As such, religious worldviews are being incorporated in the criminal justice system, something which the Enlightenment thinkers strongly opposed. What has not changed is that the criminal justice system is still relying on the concepts of the days of Enlightenment thinking to make its decisions. For instance, the system is still using some of the ideas developed during that period to impose punishments on criminals.

References
Pinker, S. (2019). Enlightenment now: The case for reason, science, humanism, and progress. Penguin Books.
Rennison, C. M., & Dodge, M. (2015). undefined. SAGE.

Order | Check Discount

Tags: Montesquieu advocated for the preservation of law and civil liberties