Classical Theory v. Positivist Theory of Criminal Law

Classical TheoryPositivist Theory
Criminal LiabilityBased on man’s free will to do good or evilProduct of man’s socio-economic surroundings
RemedyAdjudication or accountability for man to change his willRetribution and reformation to rejoin the society as a productive and spirited member
Provisions of RPCMostly basedSome aspects
(People v. Estrada, Joya v. Jail Warden of Batangas)

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by Bryan Villarosa

Bacolod City-based Marketing Services Provider | Licensed Financial Advisor

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