Human Nature Foundation of Crime

Abstract

Through the philosophical investigation on free willFree Will, a conclusion is summarized that from the perspective of ontology, the human will is not free; however, from the perspective of axiologyAxiology, the human will is free. This conclusion is of great significance to the study of crime because crime can also be analyzed from the perspectives of ontology and axiology. The ontology of crime regards crime as a social phenomenon, and it belongs to the research of criminology. The mission of criminology is to reveal the general law of criminal phenomena, especially the causes of committing crimes. Therefore, the study of criminology only exists when it is researched from the perspective of behavioral determinism. The axiologyAxiology of crime regards crime as an individual behavior, and it is the study of criminal law. The mission of the study of criminal law is to determine whether human behaviors constitute crimes and hence to provide the factual basis for the investigation on criminal responsibilities. Accordingly, the study of criminal law exists only when it is researched through the lens of free will. Ontology and axiology provide analytical frameworks for us to reveal the humanistic foundation of crime, and also serve as a foundation to clarify the arguments between the classical school and the positivist school of criminologyPositivist School of Criminology.