The classical theory is based upon the notion of individual rights, the human capacity to reason and equality before the law (White, Haines and Asquith, 2012). The two key developers of classical theory were Cesare Beccaria and Jeremy Bentham.
Beccaria argued that humans are hedonistic in nature and that we are motivated by the urge for pleasure, but at the same time, an equal desire to avoid pain (White, Haines and Asquith, 2012). He argued that we have free will and that the individual as a rational being, chooses to break the law or neglects to make a rational choice and thereby commits a crime White, Haines and Asquith, 2012).
Beccaria stated that crimes should be regarded as a breach of the social contract and that the punishment should be centred on forming a more desirable society rather than seeking retribution
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Another criticism of the classical theory is that deterrence and rational choice theory both overlook social factors of crime (Bazelon, 2015). If criminal offending arises out of a temporary irrationality, classical theory fails to explain why the distribution of crime (according to official data) is not spread evenly among the social structure (White, Haines and Asquith, 2012). Cornish and Clarke (1986) argue that for some individuals, offending may only be considered rational in a way which is not responsive to the deterrence resulting from punishment. In a society where social inequalities are predominant, universal equality cannot be achieved by viewing everyone equally before the law (White, Haines and Asquith, 2012). Rational choice may cause some individuals to offend exactly as a result of social inequalities (White, Haines and Asquith,