diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 10580-0.txt | 2244 | ||||
| -rw-r--r-- | 10580-h/10580-h.htm | 2386 | ||||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 | ||||
| -rw-r--r-- | old/10580-8.txt | 2663 | ||||
| -rw-r--r-- | old/10580-8.zip | bin | 0 -> 58709 bytes | |||
| -rw-r--r-- | old/10580-h.zip | bin | 0 -> 60470 bytes | |||
| -rw-r--r-- | old/10580-h/10580-h.htm | 2830 | ||||
| -rw-r--r-- | old/10580.txt | 2663 | ||||
| -rw-r--r-- | old/10580.zip | bin | 0 -> 58689 bytes |
11 files changed, 12802 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/10580-0.txt b/10580-0.txt new file mode 100644 index 0000000..8911cf5 --- /dev/null +++ b/10580-0.txt @@ -0,0 +1,2244 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 10580 *** + +THE POSITIVE SCHOOL OF CRIMINOLOGY + +Three Lectures + +Given at the University of Naples, Italy on April 22, 23 and 24, 1901 + + +By Enrico Ferri + +Translated by Ernest Untermann + + +Chicago + +Charles H. Kerr & Company + +1908 + + + + + +THE POSITIVE SCHOOL OF CRIMINOLOGY + + +I. + +My Friends: + +When, in the turmoil of my daily occupation, I received an invitation, +several months ago, from several hundred students of this famous +university, to give them a brief summary, in short special lectures, of +the principal and fundamental conclusions of criminal sociology, I +gladly accepted, because this invitation fell in with two ideals of +mine. These two ideals are stirring my heart and are the secret of my +life. In the first place, this invitation chimed with the ideal of my +personal life, namely, to diffuse and propagate among my brothers the +scientific ideas, which my brain has accumulated, not through any merit +of mine, but thanks to the lucky prize inherited from my mother in the +lottery of life. And the second ideal which this invitation called up +before my mind's vision was this: The ideal of young people of Italy, +united in morals and intellectual pursuits, feeling in their social +lives the glow of a great aim. It would matter little whether this aim +would agree with my own ideas or be opposed to them, so long as it +should be an ideal which would lift the aspirations of the young people +out of the fatal grasp of egoistic interests. Of course, we positivists +know very well, that the material requirements of life shape and +determine also the moral and intellectual aims of human consciousness. +But positive science declares the following to be the indispensable +requirement for the regeneration of human ideals: Without an ideal, +neither an individual nor a collectivity can live, without it humanity +is dead or dying. For it is the fire of an ideal which renders the life +of each one of us possible, useful and fertile. And only by its help can +each one of us, in the more or less short course of his or her +existence, leave behind traces for the benefit of fellow-beings. The +invitation extended to me proves that the students of Naples believe in +the inspiring existence of such an ideal of science, and are anxious to +learn more about ideas, with which the entire world of the present day +is occupied, and whose life-giving breath enters even through the +windows of the dry courtrooms, when their doors are closed against it. + + * * * * * + +Let us now speak of this new science, which has become known in Italy by +the name of the Positive School of Criminology. This science, the same +as every other phenomenon of scientific evolution, cannot be +shortsightedly or conceitedly attributed to the arbitrary initiative of +this or that thinker, this or that scientist. We must rather regard it +as a natural product, a necessary phenomenon, in the development of that +sad and somber department of science which deals with the disease of +crime. It is this plague of crime which forms such a gloomy and painful +contrast with the splendor of present-day civilization. The 19th century +has won a great victory over mortality and infectious diseases by means +of the masterful progress of physiology and natural science. But while +contagious diseases have gradually diminished, we see on the other hand +that moral diseases are growing more numerous in our so-called +civilization. While typhoid fever, smallpox, cholera and diphtheria +retreated before the remedies which enlightened science applied by means +of the experimental method, removing their concrete causes, we see on +the other hand that insanity, suicide and crime, that painful trinity, +are growing apace. And this makes it very evident that the science which +is principally, if not exclusively, engaged in studying these phenomena +of social disease, should feel the necessity of finding a more exact +diagnosis of these moral diseases of society, in order to arrive at some +effective and more humane remedy, which should more victoriously combat +this somber trinity of insanity, suicide and crime. + +The science of positive criminology arose in the last quarter of the +19th century, as a result of this strange contrast, which would be +inexplicable, if we could not discover historical and scientific reasons +for its existence. And it is indeed a strange contrast that Italy should +have arrived at a perfect theoretical development of a classical school +of criminology, while there persists, on the other hand, the disgraceful +condition that criminality assumes dimensions never before observed in +this country, so that the science of criminology cannot stem the tide of +crime in high and low circles. It is for this reason, that the positive +school of criminology arises out of the very nature of things, the same +as every other line of science. It is based on the conditions of our +daily life. It would indeed be conceited on our part to claim that we, +who are the originators of this new science and its new conclusions, +deserve alone the credit for its existence. The brain of the scientist +is rather a sort of electrical accumulator, which feels and assimilates +the vibrations and heart-beats of life, its splendor and its shame, and +derives therefrom the conviction that it must of necessity provide for +definite social wants. And on the other hand, it would be an evidence of +intellectual short-sightedness on the part of the positivist man of +science, if he did not recognize the historical accomplishments, which +his predecessors on the field of science have left behind as indelible +traces of their struggle against the unknown in that brilliant and +irksome domain. For this reason, the adherents of the positive school of +criminology feel the most sincere reverence for the classic school of +criminology. And I am glad today, in accepting the invitation of the +students of Naples, to say, that this is another reason why their +invitation was welcome to me. It is now 16 years since I gave in this +same hall a lecture on positive criminology, which was then in its +initial stages. It was in 1885, when I had the opportunity to outline +the first principles of the positive school of criminology, at the +invitation of other students, who preceded you on the periodic waves of +the intellectual generations. And the renewal of this opportunity gave +me so much moral satisfaction that, I could not under any circumstances +decline your invitation. Then too, the Neapolitan Atheneum has +maintained the reputation of the Italian mind in the 19th century, also +in that science which even foreign scientists admit to be our specialty, +namely the science of criminology. In fact, aside from the two terrible +books of the Digest, and from the practical criminologists of the Middle +Ages who continued the study of criminality, the modern world opened a +glorious page in the progress of criminal science with the modest little +book of Cesare Beccaria. This progress leads from Cesare Beccaria, by +way of Francesco Carrara, to Enrico Pessina. + +Enrico Pessina alone remains of the two giants who concluded the cycle +of classic school of criminology. In a lucid moment of his scientific +consciousness, which soon reverted to the old abstract and metaphysical +theories, he announced in an introductory statement in 1879, that +criminal justice would have to rejuvenate itself in the pure bath of the +natural sciences and substitute in place of abstraction the living and +concrete study of facts. Naturally every scientist has his function and +historical significance; and we cannot expect that a brain which has +arrived at the end of its career should turn towards a new direction. At +any rate, it is a significant fact that this most renowned +representative of the classic school of criminology should have pointed +out this need of his special science in this same university of Naples, +one year after the inauguration of the positive school of criminology, +that he should have looked forward to a time when the study of natural +and positive facts would set to rights the old juridical abstractions. +And there is still another precedent in the history of this university, +which makes scientific propaganda at this place very agreeable for a +positivist. It is that six years before that introductory statement by +Pessina, Giovanni Bovio gave lectures at this university, which he +published later on under the title of "A Critical Study of Criminal +Law." Giovanni Bovio performed in this monograph the function of a +critic, but the historical time of his thought, prevented him from +taking part in the construction of a new science. However, he prepared +the ground for new ideas, by pointing out all the rifts and weaknesses +of the old building. Bovio maintained that which Gioberti, Ellero, +Conforti, Tissol had already maintained, namely that it is impossible to +solve the problem which is still the theoretical foundation of the +classic school of criminology, the problem of the relation between +punishment and crime. No man, no scientist, no legislator, no judge, has +ever been able to indicate any absolute standard, which would enable us +to say that equity demands a definite punishment for a definite crime. +We can find some opportunistic expedient, but not a solution of the +problem. Of course, if we could decide which is the gravest crime, then +we could also decide on the heaviest sentence and formulate a descending +scale which would establish the relative fitting proportions between +crime and punishment. If it is agreed that patricide is the gravest +crime, we meet out the heaviest sentence, death or imprisonment for +life, and then we can agree on a descending scale of crime and on a +parallel scale of punishments. But the problem begins right with the +first stone of the structure, not with the succeeding steps. Which is +the greatest penalty proportional to the crime of patricide? Neither +science, nor legislation, nor moral consciousness, can offer an absolute +standard. Some say: The greatest penalty is death. Others say: No, +imprisonment for life. Still others say: Neither death, nor imprisonment +for life, but only imprisonment for a time. And if imprisonment for a +time is to be the highest penalty, how many years shall it last +--thirty, or twenty-five, or ten? + +No man can set up any absolute standard in this matter. Giovanni Bovio +thus arrived at the conclusion that this internal contradiction in the +science of criminology was the inevitable fate of human justice, and +that this justice, struggling in the grasp of this internal +contradiction, must turn to the civil law and ask for help in its +weakness. The same thought had already been illumined by a ray from the +bright mind of Filangieri, who died all too soon. And we can derive from +this fact the historical rule that the most barbarian conditions of +humanity show a prevalence of a criminal code which punishes without +healing; and that the gradual progress of civilization will give rise +to the opposite conception of healing without punishing. + +Thus it happens that this university of Naples, in which the illustrious +representative of the classic school of criminology realized the +necessity of its regeneration, and in which Bovio foresaw its sterility, +has younger teachers now who keep alive the fire of the positivist +tendency in criminal science, such as Penta, Zuccarelli, and others, +whom you know. Nevertheless I feel that this faculty of jurisprudence +still lacks oxygen in the study of criminal law, because its thought is +still influenced by the overwhelming authority of the name of Enrico +Pessina. And it is easy to understand that there, where the majestic +tree spreads out its branches towards the blue vault, the young plant +feels deprived of light and air, while it might have grown strong and +beautiful in another place. + +The positive school of criminology, then, was born in our own Italy +through the singular attraction of the Italian mind toward the study of +criminology; and its birth is also due to the peculiar condition our +country with its great and strange contrast between the theoretical +doctrines and the painful fact of an ever increasing criminality. + +The positive school of criminology was inaugurate by the work of Cesare +Lombroso, in 1872. From 1872 to 1876 he opened a new way for the study +of criminality by demonstrating in his own person that we must first +understand the criminal who offends, before we can study and understand +his crime. Lombroso studied the prisoners in the various penitentiaries +of Italy from the point of view of anthropology. And he compiled his +studies in the reports of the Lombardian Institute of Science and +Literature, and published them later together in his work "Criminal +Man." The first edition of this work (1876) remained almost unnoticed, +either because its scientific material was meager, or because Cesare +Lombroso had not yet drawn any general scientific conclusions, which +could have attracted the attention of the world of science and law. But +simultaneously with its second edition (1878) there appeared two +monographs, which constituted the embryo of the new school, +supplementing the anthropological studies of Lombroso with conclusions +and systematizations from the point of view of sociology and law. +Raffaele Garofalo published in the Neapolitan Journal of Philosophy and +Literature an essay on criminality, in which he declared that the +dangerousness of the criminal was the criterion by which society should +measure the function of its defense against the disease of crime. And in +the same year, 1878, I took occasion to publish a monograph on the +denial of free will and personal responsibility, in which I declared +frankly that from now on the science of crime and punishment must look +for the fundamental facts of a science of social defense against crime +in the human and social life itself. The simultaneous publication of +these three monographs caused a stir. The teachers of classic +criminology, who had taken kindly to the recommendations of Pessina and +Ellero, urging them to study the natural sources of crime, met the new +ideas with contempt, when the new methods made a determined and radical +departure, and became not only the critics, but the zealous opponents of +the new theories. And this is easy to understand. For the struggle for +existence is an irresistible law of nature, as well for the thousands of +germs scattered to the winds by the oak, as for the ideas which grow in +the brain of man. But persecutions, calumnies, criticisms, and +opposition are powerless against an idea, if it carries within itself +the germ of truth. Moreover, we should look upon this phenomenon of a +repugnance in the average intellect (whether of the ordinary man or the +scientist) for all new ideas as a natural function. For when the brain +of some man has felt the light of a new idea, a sneering criticism +serves us a touchstone for it. If the idea is wrong, it will fall by the +wayside; if it is right, then criticisms, opposition and persecution +will cull the golden kernel from the unsightly shell, and the idea will +march victoriously over everything and everybody. It is so in all walks +of life--in art, in politics, in science. Every new idea will rouse +against itself naturally and inevitably the opposition of the accustomed +thoughts. This is so true, that when Cesare Beccaria opened the great +historic cycle of the classic school of criminology, he was assaulted by +the critics of his time with the same indictments which were brought +against us a century later. + +When Cesare Beccaria printed his book on crime and penalties in 1774 +under a false date and place of publication, reflecting the aspirations +which gave rise to the impending hurricane of the French revolution; +when he hurled himself against all that was barbarian in the mediaeval +laws and set loose a storm of enthusiasm among the encyclopedists, and +even some of the members of government, in France, he was met by a wave +of opposition, calumny and accusation on the part of the majority of +jurists, judges and lights of philosophy. The abbĂ© Jachinci published +four volumes against Beccaria, calling him the destroyer of justice and +morality, simply because he had combatted the tortures and the death +penalty. + +The tortures, which we incorrectly ascribe to the mental brutality of +the judges of those times, were but a logical consequence of the +contemporaneous theories. It was felt that in order to condemn a man, +one must have the certainty of his guilty, and it was said that the best +means of obtaining tins certainty, the queen of proofs, was the +confession of the criminal. And if the criminal denied his guilt, it was +necessary to have recourse to torture, in order to force him to a +confession which he withheld from fear of the penalty. The torture +soothed, so to say, the conscience of the judge, who was free to condemn +as soon as he had obtained a confession. Cesare Beccaria rose with +others against the torture. Thereupon the judges and jurists protested +that penal justice would be impossible, because it could not get any +information, since a man suspected of a crime would not confess his +guilt voluntarily. Hence they accused Beccaria of being the protector of +robbers and murderers, because he wanted to abolish the only means of +compelling them to a confession, the torture. But Cesare Beccaria had on +his side the magic power of truth. He was truly the electric accumulator +of his time, who gathered from its atmosphere the presage of the coming +revolution, the stirring of the human conscience. You can find a similar +illustration in the works of Daquin in Savoy, of Pinel in France, and of +Hach Take in England, who strove to bring about a revolution in the +treatment of the insane. This episode interests us especially, because +it is a perfect illustration of the way traveled by the positive school +of criminology. The insane were likewise considered to blame for their +insanity. At the dawn of the 19th century, the physician Hernroth still +wrote that insanity was a moral sin of the insane, because "no one +becomes insane, unless he forsakes the straight path of virtue and of +the fear of the Lord." + +And on this assumption the insane were locked up in horrible dungeons, +loaded down with chains, tortured and beaten, for lo! their insanity was +their own fault. + +At that period, Pinel advanced the revolutionary idea that insanity was +not a sin, but a disease like all other diseases. This idea is now a +commonplace, but in his time it revolutionized the world. It seemed as +though this innovation inaugurated by Pinel would overthrow the world +and the foundations of society. Well, two years before the storming of +the Bastile Pinel walked into the sanitarium of the Salpetriere and +committed the brave act of freeing the insane of the chains that weighed +them down. He demonstrated in practice that the insane, when freed of +their chains, became quieter, instead of creating wild disorder and +destruction. This great revolution of Pinel, Chiarugi, and others, +changed the attitude of the public mind toward the insane. While +formerly insanity had been regarded as a moral sin, the public +conscience, thanks to the enlightening work of science, henceforth had +to adapt itself to the truth that insanity is a disease like all +others, that a man does not become insane because he wants to, but that +he becomes insane through hereditary transmission and the influence of +the environment in which he lives, being predisposed toward insanity and +becoming insane under the pressure of circumstances. + +The positive school of criminology accomplished the same revolution in +the views concerning the treatment of criminals that the above named men +of science accomplished for the treatment of the insane. The general +opinion of classic criminalists and of the people at large is that crime +involves a moral guilt, because it is due to the free will of the +individual who leaves the path of virtue and chooses the path of crime, +and therefore it must be suppressed by meeting it with a proportionate +quantity of punishment. This is to this day the current conception of +crime. And the illusion of a free human will (the only miraculous factor +in the eternal ocean of cause and effect) leads to the assumption that +one can choose freely between virtue and vice. How can you still believe +in the existence of a free will, when modern psychology armed with all +the instruments of positive modern research, denies that there is any +free will and demonstrates that every act of a human being is the +result of an interaction between the personality and the environment of +man? + +And how is it possible to cling to that obsolete idea of moral guilt, +according to which every individual is supposed to have the free choice +to abandon virtue and give himself up to crime? The positive school of +criminology maintains, on the contrary, that it is not the criminal who +wills; in order to be a criminal it is rather necessary that the +individual should find himself permanently or transitorily in such +personal, physical and moral conditions, and live in such an +environment, which become for him a chain of cause and effect, +externally and internally, that disposes him toward crime. This is our +conclusion, which I anticipate, and it constitutes the vastly different +and opposite method, which the positive school of criminology employs as +compared to the leading principle of the classic school of criminal +science. + +In this method, this essential principle of the positive school of +criminology, you will find another reason for the seemingly slow advance +of this school. That is very natural. If you consider the great reform +carried by the ideas of Cesare Beccaria into the criminal justice of +the Middle Age, you will see that the great classic school represents +but a small step forward, because it leaves the penal justice on the +same theoretical and practical basis which it had in the Middle Age and +in classic antiquity, that is to say, based on the idea of a moral +responsibility of the individual. For Beccaria, for Carrara, for their +predecessors, this idea is no more nor less than that mentioned in books +47 and 48 of the Digest: "The criminal is liable to punishment to the +extent that he is morally guilty of the crime he has committed." The +entire classic school is, therefore, nothing but a series of reforms. +Capital punishment has been abolished in some countries, likewise +torture, confiscation, corporal punishment. But nevertheless the immense +scientific movement of the classic school has remained a mere reform. + +It has continued in the 19th century to look upon crime in the same way +that the Middle Age did: "Whoever commits murder or theft, is alone the +absolute arbiter to decide whether he wants to commit the crime or not." +This remains the foundation of the classic school of criminology. This +explains why it could travel on its way more rapidly than the positive +school of criminology. And yet, it took half a century from the time of +Beccaria, before the penal codes showed signs of the reformatory +influence of the classic school of criminology. So that it has also +taken quite a long time to establish it so well that it became accepted +by general consent, as it is today. The positive school of criminology +was born in 1878, and although it does not stand for a mere reform of +the methods of criminal justice, but for a complete and fundamental +transformation of criminal justice itself, it has already gone quite a +distance and made considerable conquests which begin to show in our +country. It is a fact that the penal code now in force in this country +represents a compromise, so far as the theory of personal responsibility +is concerned, between the old theory of free will and the conclusions of +the positive school which denies this free will. + +You can find an illustration of this in the eloquent contortions of +phantastic logic in the essays on the criminal code written by a great +advocate of the classic school of criminology, Mario Pagano, this +admirable type of a scientist and patriot, who does not lock himself up +in the quiet egoism of his study, but feels the ideal of his time +stirring within him and gives up his life to it. He has written three +lines of a simple nudity that reveals much, in which he says: "A man is +responsible for the crimes which he commits; if, in committing a crime, +his will is half free, he is responsible to the extent of one-half; if +one-third, he is responsible one-third." There you have the +uncompromising and absolute classic theorem. But in the penal code of +1890, you will find that the famous article 45 intends to base the +responsibility for a crime on the simple will, to the exclusion of the +free will. However, the Italian judge has continued to base the exercise +of penal justice on the supposed existence of the free will, and +pretends not to know that the number of scientists denying the free will +is growing. Now, how is it possible that so terrible an office as that +of sentencing criminals retains its stability or vacillates, according +to whether the first who denies the existence of a free will deprives +this function of its foundation? + +Truly, it is said that this question has been too difficult for the new +Italian penal code. And, for this reason, it was thought best to base +the responsibility for a crime on the idea that a man is guilty simply +for the reason that he wanted to commit the crime; and that he is not +responsible if he did not want to commit it. But this is an eclectic way +out of the difficulty, which settles nothing, for in the same code we +have the rule that involuntary criminals are also punished, so that +involuntary killing and wounding are punished with imprisonment the same +as voluntary deeds of this kind. We have heard it said in such cases +that the result may not have been intended, but the action bringing it +about was. If a hunter shoots through a hedge and kills or wounds a +person, he did not intend to kill, and yet he is held responsible +because his first act, the shooting, was voluntary. + +That statement applies to involuntary crimes, which are committed by +some positive act. But what about involuntary crimes of omission? In a +railway station, where the movements of trains represent the daily whirl +of traffic in men, things, and ideas, every switch is a delicate +instrument which may cause a derailment. The railway management places a +switchman on duty at this delicate post. But in a moment of fatigue, or +because he had to work inhumanly long hours of work, which exhausted all +his nervous elasticity, or for other reasons, the switchman forgets to +set the switch and causes a railroad accident, in which people are +killed and wounded. Can it be said that he intended the first act? +Assuredly not, for he did not intend anything and did not do anything. +The hunter who fires a shot has at least had the intention of shooting. +But the switchman did not want to forget (for in that case he would be +indirectly to blame); he has simply forgotten from sheer fatigue to do +his duty; he has had no intention whatever, and yet you hold him +responsible in spite of all that! The fundamental logic of your +reasoning in this case corresponds to the logic of the things. Does it +not happen every day in the administration of justice that the judges +forget about the neutral expedient of the legislator who devised this +relative progress of the penal code, which pretends to base the +responsibility of a man on the neutral and naive criterion of a will +without freedom of will? Do they not follow their old mental habits in +the administration of justice and apply the obsolete criterion of the +free will, which the legislator thought fit to abandon? We see, then, +as a result of this imperfect and insincere innovation in penal +legislation this flagrant contradiction, that the magistrates assume the +existence of a free will, while the legislator has decided that it shall +not be assumed. Now, in science as well as in legislation, we should +follow a direct and logical line, such as that of the classic school or +the positive school of criminology. But whoever thinks he has solved a +problem when he gives us a solution which is neither fish nor fowl, +comes to the most absurd and iniquitous conclusions. You see what +happens every day. If to-morrow some beastly and incomprehensible crime +is committed, the conscience of the judge is troubled by this question: +Was the person who committed this crime morally free to act or not? He +may also invoke the help of legislation, and he may take refuge in +article 46,[A] or in that compromise of article 47,[B] which admits +a responsibility of one-half or one-third, and he would decide on a +penalty of one-half or one-third. + +All this may take place in the case of a grave and strange crime. And on +the other hand, go to the municipal courts or to the police courts, +where the magic lantern of justice throws its rays upon the nameless +human beings who have stolen a bundle of wood in a hard winter, or who +have slapped some one in the face during a brawl in a saloon. +And if they should find a defending lawyer who would demand the +appointment of a medical expert, watch the reception he would get from +the judge. When justice is surprised by a beastly and strange crime, it +feels the entire foundation of its premises shaking, it halts for a +moment, it calls in the help of legal medicine, and reflects before it +sentences. But in the case of those poor nameless creatures, justice +does not stop to consider whether that microbe in the criminal world who +steals under the influence of hereditary or acquired degeneration, or in +the delirium of chronic hunger, is not worthy of more pity. It rather +replies with a mephistophelian grin when he begs for a humane +understanding of his case. + +[A] Article 46: "A person is not subject to punishment, if at the moment +of his deed he was in a mental condition which deprived him of +consciousness or of the freedom of action. But if the judge considers it +dangerous to acquit the prisoner, he has to transfer him to the care of +the proper authorities, who will take the necessary precautions." + +[B] Article 47: "If the mental condition mentioned in the foregoing +article was such as to considerably decrease the responsibility, without +eliminating it entirely, the penalty fixed upon the crime committed is +reduced according to the following rules: + +"I. In place of penitentiary, imprisonment for not less than six years. + +"II. In place of the permanent loss of civic rights, a loss of these +rights for a stipulated time. + +"III. Whenever it is a question of a penalty of more than twelve years, +it is reduced to from three to ten years; if of more than six years, but +not more than twelve, it is reduced to from one to five years; in other +cases, the reduction is to be one-half of the ordinary penalty. + +"IV. A fine is reduced to one-half. + +"V. If the penalty would be a restriction of personal liberty, the judge +may order the prisoner to a workhouse, until the proper authorities +object, when the remainder of the sentence is carried out in the usual +manner." + +It is true that there is now and then in those halls of justice, which +remain all too frequently closed to the living wave of public sentiment, +some more intelligent and serene judge who is touched by this painful +understanding of the actual human life. Then he may, under the illogical +conditions of penal justice, with its compromise between the exactness +of the classic and that of the positive school of criminology, seek for +some expedient which may restore him to equanimity. + +In 1832, France introduced a penal innovation, which seemed to represent +an advance on the field of justice, but which is in reality a denial of +justice: The expedient of _extenuating circumstances_. The judge does +not ask for the advice of the court physician in the case of some +forlorn criminal, but condemns him without a word of rebuke to society +for its complicity. But in order to assuage his own conscience he grants +him extenuating circumstances, which seem a concession of justice, but +are, in reality, a denial of justice. For you either believe that a man +is responsible for his crime, and in that case the concession of +extenuating circumstances is a hypocrisy; or you grant them in good +faith, and then you admit that the man was in circumstances which +reduced his moral responsibility, and thereby the extenuating +circumstances become a denial of justice. For if your conviction +concerning such circumstances were sincere, you would go to the bottom +of them and examine with the light of your understanding all those +innumerable conditions which contribute toward those extenuating +circumstances. But what are those extenuating circumstances? Family +conditions? Take it that a child is left alone by its parents, who are +swallowed up in the whirl of modern industry, which overthrows the laws +of nature and forbids the necessary rest, because steam engines do not +get tired and day work must be followed by night work, so that the +setting of the sun is no longer the signal for the laborer to rest, but +to begin a new shift of work. Take it that this applies not alone to +adults, but also to human beings in the growing stage, whose muscular +power may yield some profit for the capitalists. Take it that even the +mother, during the period of sacred maternity, becomes a cog in the +machinery of industry. And you will understand that the child must grow +up, left to its own resources, in the filth of life, and that its +history will be inscribed in criminal statistics, which are the shame of +our so-called civilization. + +Of course, in this first lecture I cannot give you even a glimpse of the +positive results of that modern science which has studied the criminal +and his environment instead of his crimes. And I must, therefore, limit +myself to a few hints concerning the historical origin of the positive +school of criminology. I ought to tell you something concerning the +question of free will. But you will understand that such a momentous +question, which is worthy of a deep study of the many-sided physical, +moral, intellectual life, cannot be summed up in a few short words. I +can only say that the tendency of modern natural sciences, in physiology +as well as psychology, has overruled the illusions of those who would +fain persist in watching psychological phenomena merely within +themselves and think that they can understand them without any other +means. On the contrary, positive science, backed by the testimony of +anthropology and of the study of the environment, has arrived at the +following conclusions: The admission of a free will is out of the +question. For if the free will is but an illusion of our internal being, +it is not a real faculty possessed by the human mind. Free will would +imply that the human will, confronted by the choice of making +voluntarily a certain determination, has the last decisive word under +the pressure of circumstances contending for and against this decision; +that it is free to decide for or against a certain course independently +of internal and external circumstances, which play upon it, according to +the laws of cause and effect. + +Take it that a man has insulted me. I leave the place in which I have +been insulted, and with me goes the suggestion of forgiveness or of +murder and vengeance. And then it is assumed that a man has his complete +free will, unless he is influenced by circumstances explicitly +enumerated by the law, such as minority, congenital deaf-muteness, +insanity, habitual drunkenness and, to a certain extent, violent +passion. If a man is not in a condition mentioned in this list, he is +considered in possession of his free will, and if he murders he is held +morally responsible and therefore punished. + +This illusion of a free will has its source in our inner consciousness, +and is due solely to the ignorance in which we find ourselves concerning +the various motives and different external and internal conditions which +press upon our mind at the moment of decision. + +If a man knows the principal causes which determine a certain +phenomenon, he says that this phenomenon is inevitable. If he does not +know them, he considers it as an accident, and this corresponds in the +physical field to the arbitrary phenomenon of the human will which does +not know whether it shall decide this way or that. For instance, some of +us were of the opinion, and many still are, that the coming and going of +meteorological phenomena was accidental and could not he foreseen. But +in the meantime, science has demonstrated that they are likewise subject +to the law of causality, because it discovered the causes which enable +us to foresee their course. Thus weather prognosis has made wonderful +progress by the help of a network of telegraphically connected +meteorological stations, which succeeded in demonstrating the connection +between cause and effect in the case of hurricanes, as well as of any +other physical phenomenon. It is evident that the idea of accident, +applied to physical nature, is unscientific. Every physical phenomenon +is the necessary effect of the causes that determined it beforehand. If +those causes are known to us, we have the conviction that that +phenomenon is necessary, is fate, and, if we do not know them, we think +it is accidental. The same is true of human phenomena. But since we do +not know the internal and external causes in the majority of cases, we +pretend that they are free phenomena, that is to say, that they are not +determined necessarily by their causes. Hence the spiritualistic +conception of the free will implies that every human being, in spite of +the fact that their internal and external conditions are necessarily +predetermined, should be able to come to a deliberate decision by the +mere fiat of his or her free will, so that, even though the sum of all +the causes demands a no, he or she can decide in favor of yes, and vice +versa. Now, who is there that thinks, when deliberating some action, +what are the causes that determine his choice? We can justly say that +the greater part of our actions are determined by habit, that we make up +our minds almost from custom, without considering the reason for or +against. When we get up in the morning we go about our customary +business quite automatically, we perform it as a function in which we do +not think of a free will. We think of that only in unusual and grave +cases, when we are called upon to make some special choice, the +so-called voluntary deliberation, and then we weigh the reasons for or +against; we ponder, we hesitate what to do. Well, even in such cases, so +little depends on our will in the deliberations which we are about to +take that if any one were to ask us one minute before we have decided +what we are going to do, we should not know what we were going to +decide. So long as we are undecided, we cannot foresee what we are going +to decide; for under the conditions in which we live that part of the +psychic process takes place outside of our consciousness. And since we +do not know its causes, we cannot tell what will be its effects. Only +after we have come to a certain decision can we imagine that it was due +to our voluntary action. But shortly before we could not tell, and that +proves that it did not depend on us alone. Suppose, for instance, that +you have decided to play a joke on a fellow-student, and that you carry +it out. He takes it unkindly. You are surprised, because that is +contrary to his habits and your expectations. But after a while you +learn that your friend had received bad news from home on the preceding +morning and was therefore not in a condition to feel like joking, and +then you say: "If we had known that we should not have decided to spring +the joke on him." That is equivalent to saying that, if the balance of +your will had been inclined toward the deciding motive of no, you would +have decided no; but not knowing that your friend was distressed and not +in his habitual frame of mind, you decided in favor of yes. This +sentence: "If I had known this I should not have done that" is an outcry +of our internal consciousness, which denies the existence of a free +will. + +On the other hand, nothing is created and nothing destroyed either in +matter or in force, because both matter and force are eternal and +indestructible. They transform themselves in the most diversified +manner, but not an atom is added or taken away, not one vibration more +or less takes place. And so if is the force of external and internal +circumstances which determines the decision of our will at any given +moment. The idea of a free will, however, is a denial of the law of +cause and effect, both in the field of philosophy and theology. Saint +Augustine and Martin Luther furnish irrefutable theological arguments +for the denial of a free will. The omnipotence of God is irreconcilable +with the idea of free will. If everything that happens does so because a +superhuman and omnipotent power wants it _(Not a single leaf falls to +the ground without the will of God)_, how can a son murder his father +without the permission and will of God? For this reason Saint Augustine +and Martin Luther have written _de servo arbitrio_. + +But since theological arguments serve only those who believe in the +concept of a god, which is not given to us by science, we take recourse +to the laws which we observe in force and matter, and to the law of +causality. If modern science has discovered the universal link which +connects all phenomena through cause and effect, which shows that every +phenomenon is the result of causes which have preceded it; if this is +the law of causality, which is at the very bottom of modern scientific +thought, then it is evident that the admission of free thought is +equivalent to an overthrow of this law, according to which every effect +is proportionate to its cause. In that case, this law, which reigns +supreme in the entire universe, would dissolve itself into naught at +the feet of the human being, who would create effects with his free will +not corresponding to their causes! It was all right to think so at a +time when people had an entirely different idea of human beings. But the +work of modern science, and its effect on practical life, has resulted +in tracing the relations of each one of us with the world and with our +fellow beings. And the influence of science may be seen in the +elimination of great illusions which in former centuries swayed this or +that part of civilized humanity. The scientific thought of Copernicus +and Galilei did away with the illusions which led people to believe that +the earth was the center of the universe and of creation. + +Take Cicero's book _de OfficiĂs_, or the _Divina Commedia_ of Dante, and +you will find that to them the earth is the center of creation, that the +infinite stars circle around it, and that man is the king of animals: a +geocentric and anthropocentric illusion inspired by immeasurable +conceit. But Copernicus and Galilei came and demonstrated that the earth +does not stand still, but that it is a grain of cosmic matter hurled +into blue infinity and rotating since time unknown around its central +body, the sun, which originated from an immense primitive nebula. +Galilei was subjected to tortures by those who realized that this new +theory struck down many a religious legend and many a moral creed. But +Galilei had spoken the truth, and nowadays humanity no longer indulges +in the illusion that the earth is the center of creation. + +But men live on illusions and give way but reluctantly to the progress +of science, in order to devote themselves arduously to the ideal of the +new truths which rise out of the essence of things of which mankind is a +part. After the geocentric illusion had been destroyed, the +anthropocentric illusion still remained. On earth, man was still +supposed to be king of creation, the center of terrestrial life. All +Species of animals, plants and minerals were supposed to be created +expressly for him, and to have had from time immemorial the forms which +we see now, so that the fauna and flora living on our planet have always +been what they are today. And Cicero, for instance, said that the +heavens were placed around the earth and man in order that he might +admire the beauty of the starry firmament at night, and that animals +and plants were created for his use and pleasure. But in 1856 Charles +Darwin came and, summarizing the results of studies that had been +carried on for a century, destroyed in the name of science the superb +illusion that man is the king and center of creation. He demonstrated, +amid the attacks and calumnies of the lovers of darkness, that man is +not the king of creation, but merely the last link of the zoological +chain, that nature is endowed with eternal energies by which animal and +plant life, the same as mineral life (for even in crystals the laws of +life are at work), are transformed from the invisible microbe to the +highest form, man. + +The anthropocentric illusion rebelled against the word of Darwin, +accusing him of lowering the human life to the level of the dirt or of +the brute. But a disciple of Darwin gave the right answer, while +propagating the Darwinian theory at the university of Jena. It was +Haeckel, who concluded: "For my part, and so far as my human +consciousness is concerned, I prefer to be an immensely perfected ape +rather than to be a degenerated and debased Adam." + +Gradually the anthropocentric illusion has been compelled to give way +before the results of science, and today the theories of Darwin have +become established among our ideas. But another illusion still remains, +and science, working in the name of reality, will gradually eliminate +it, namely the illusion that the nineteenth century has established a +permanent order of society. While the geocentric and anthropocentric +illusions have been dispelled, the illusion of the immobility and +eternity of classes still persists. But it is well to remember that in +Holland in the sixteenth century, in England in the seventeenth, in +Europe since the revolution of 1789, we have seen that freedom of +thought in science, literature and art, for which the bourgeoisie +fought, triumphed over the tyranny of the mediaeval dogma. And this +condition, instead of being a glorious but transitory stage, is supposed +to be the end of the development of humanity, which is henceforth +condemned not to perfect itself any more by further changes. This is the +illusion which serves as a fundamental argument against the positive +school of criminology, since it is claimed that a penal justice +enthroned on the foundations of Beccaria and Carrara would be a +revolutionary heresy. It is also this illusion which serves as an +argument against those who draw the logical consequences in regard to +the socialistic future of humanity, for the science which takes its +departure front the work of Copernicus, Galilei and Darwin arrives +logically at socialism. Socialism is but the natural and physical +transformation of the economic and social institutions. Of course, so +long as the geocentric and anthropocentric illusions dominate, it is +natural that the lore of stability should impress itself upon science +and life. How could this living atom, which the human being is, +undertake to change that order of creation, which makes of the earth the +center of the universe and of man the center of life? Not until science +had introduced the conception of a natural formation and transformation, +of the solar system, as well as of the fauna and flora, did the human +mind grasp the idea that thought and action can transform the world. + +For this reason we believe that the study of the criminal, and the +logical consequences therefrom, will bring about the complete +transformation of human justice, not only as a theory laid down in +scientific books, but also as a practical function applied every day to +that living and suffering portion of humanity which has fallen into +crime. We have the undaunted faith that the work of scientific truth +will transform penal justice into a simple function of preserving +society from the disease of crime, divested of all relics of vengeance, +hatred and punishment, which still survive in our day as living +reminders of the barbarian stage. We still hear the "public vengeance" +invoked against the criminal today, and justice has still for its symbol +a sword, which it uses more than the scales. But a judge born of a woman +cannot weigh the moral responsibility of one who has committed murder or +theft. Not until the experimental and scientific method shall look for +the causes of that dangerous malady, which we call crime, in the +physical and psychic organism, and in the family and the environment, of +the criminal, will justice guided by science discard the sword which now +descends bloody upon those poor fellow-beings who have fallen victims to +crime, and become a clinical function, whose prime object shall be to +remove or lessen in society and individuals the causes which incite to +crime. Then alone will justice refrain from wreaking vengeance, after a +crime has been committed, with the shame of an execution or the +absurdity of solitary confinement. + +On the one hand, human life depends on the word of a judge, who may err +in the case of capital punishment; and society cannot end the life of a +man, unless the necessity of legitimate self-defense demands it. On the +other hand, solitary confinement came in with the second current of the +classic school of criminology, when at the same time, in which Beccaria +promulgated his ideas, John Howard traveled all over Europe describing +the unmentionable horrors of mass imprisonment, which became a center of +infection for society at large. Then the classic school went to the +other extreme of solitary confinement, after the model of America, +whence we adopted the systems of Philadelphia and Harrisburg in the +first half of the nineteenth century. Isolation for the night is also +our demand, but we object to continuous solitary confinement by day and +night. Pasquale Mancini called solitary confinement "a living grave," in +order to reassure the timorous, when in the name of the classic school, +whose valiant champion he was, he demanded in 1876 the abolition of +capital punishment. Yet in his swan song he recognized that the future +would belong to the positive school of criminology. And it is this +"living grave" against which we protest. It cannot possibly be an act of +human justice to bury a human being in a narrow cell, within four walls, +to prevent this being from having any contact with social life, and to +say to him at the end of his term: Now that your lungs are no longer +accustomed to breathing the open air, now that your legs are no longer +used to the rough roads, go, but take care not, to have a relapse, or +your sentence will be twice as hard. + +In reality, solitary confinement makes of a human being either a stupid +creature, or a raving beast. And "s'io dico il vero, l'effeto nol +nasconde"--if I speak the truth, the facts will also reveal it--for +criminality increases and expands, honest people remain unprotected, and +those who are struck by the law do not improve, but become ever more +antisocial through the repeated relapses. And so we have that contrast +which I mentioned in the beginning of my lecture, that the theoretical +side of criminal science is so perfected, while criminal conditions are +painfully in evidence. The inevitable conclusion is the necessity of a +progressive transformation of the science of crime and punishment. + + + + +OF CRIMINOLOGY. + + +II. + +We saw yesterday in a short historical review that the classic cycle of +the science of crime and punishment, originated by Cesare Beccaria more +than a century ago, was followed in our country, some twenty years +since, by the scientific movement of the positive school of criminology. +Let us see today how this school studied the problem of criminality, +reserving for tomorrow the discussion of the remedies proposal by this +school for the disease of criminality. + +When a crime is committed in some place, attracting public attention +either through the atrocity of the case or the strangeness of the +criminal deed--for instance, one that is not connected with bloodshed, +but with intellectual fraud--there are at once two tendencies that make +themselves felt in the public conscience. One of them, pervading the +overwhelming majority of individual consciences, asks: How is this? What +for? Why did that man commit such a crime? This question is asked by +everybody and occupies mostly the attention of those who do not look +upon the case from the point of view of criminology. On the other hand, +those who occupy themselves with criminal law represent the other +tendency, which manifests itself when acquainted with the news of this +crime. This is a limited portion of the public conscience, which tries +to study the problem from the standpoint of the technical jurist. The +lawyers, the judges, the officials of the police, ask themselves: What +is the name of the crime committed by that man under such circumstances? +Must it be classed us murder or patricide, attempted or incompleted +manslaughter, and, if directed against property, is it theft, or illegal +appropriation, or fraud? And the entire apparatus of practical criminal +justice forgets at once the first problem, which occupies the majority +of the public conscience, the question of the causes that led to this +crime, in order to devote itself exclusively to the technical side of +the problem which constitutes the juridical anatomy of the inhuman and +antisocial deed perpetrated by the criminal. + +In these two tendencies you have a photographic reproduction of the two +schools of criminology. The classic school, which looks upon the crime +as a juridical problem, occupies itself with its name, its definition, +its juridical analysis, leaves the personality of the criminal in the +background and remembers it only so far as exceptional circumstances +explicitly stated in the law books refer to it: whether he is a minor, a +deaf-mute, whether it is a case of insanity, whether he was drunk at the +time the crime was committed. Only in these strictly defined cases does +the classic school occupy itself theoretically with the personality of +the criminal. But ninety times in one hundred these exceptional +circumstances do not exist or cannot be shown to exist, and penal +justice limits itself to the technical definition of the fact. But when +the case comes up in the criminal court, or before the jurors, practice +demonstrates that there is seldom a discussion between the lawyers of +the defense and the judges for the purpose of ascertaining the most +exact definition of the fact, of determining whether it is a case of +attempted or merely projected crime, of finding out whether there are +any of the juridical elements defined in this or that article of the +code. The judge is rather face to face with the problem of ascertaining +why, under what conditions, for what reasons, the man has committed the +crime. This is the supreme and simple human problem. But hitherto it has +been left to a more or less perspicacious, more or less gifted, +empiricism, and there have been no scientific standards, no methodical +collection of facts, no observations and conclusions, save those of the +positive school of criminology. This school alone makes an attempt to +solve in every case of crime the problem of its natural origin, of the +reasons and conditions that induced a man to commit such and such a +crime. + +For instance, about 3,000 cases of manslaughter are registered every +year in Italy. Now, open any work inspired by the classic school of +criminology, and ask the author why 3,000 men are the victims of +manslaughter every year in Italy, and how it is that there are not +sometimes only as many as, say, 300 cases, the number committed in +England, which has nearly the same number of inhabitants as Italy; and +how it is that there are not sometimes 300,000 such cases in Italy +instead of 3,000? + +It is useless to open any work of classical criminology for this +purpose, for you will not find an answer to these questions in than. No +one, from Beccaria to Carrara, has ever thought of this problem, and +they could not have asked it, considering their point of departure and +their method. In fact, the classic criminologists accept the phenomenon +of criminality as an accomplished fact. They analyze it from the point +of view of the technical jurist, without asking how this criminal fact +may have been produced, and why it repeats itself in greater or smaller +numbers from year to year, in every country. The theory of a free will, +which is their foundation, excludes the possibility of this scientific +question, for according to it the crime is the product of the fiat of +the human will. And if that is admitted as a fact, there is nothing left +to account for. The manslaughter was committed, because the criminal +wanted to commit it; and that is all there is to it. Once the theory of +a free will is accepted as a fact, the deed depends on the fiat, the +voluntary determination, of the criminal, and all is said. + +But if, on the other hand, the positive school of criminology denies, on +the ground of researches in scientific physiological psychology, that +the human will is free and does not admit that one is a criminal because +he wants to be, but declares that a man commits this or that crime only +when he lives in definitely determined conditions of personality and +environment which induce him necessarily to act in a certain way, then +alone does the problem of the origin of criminality begin to be +submitted to a preliminary analysis, and then alone does criminal law +step out of the narrow and arid limits of technical jurisprudence and +become a true social and human science in the highest and noblest +meaning of the word. It is vain to insist with such stubbornness as that +of the classic school of criminology on juristic formulas by which the +distinction between illegal appropriation and theft, between fraud and +other forms of crime against property, and so forth, is determined, when +this method does not give to society one single word which would throw +light upon the reasons that make a man a criminal and upon the +efficacious remedy by which society could protect itself against +criminality. + +It is true that the classic school of criminology has likewise its +remedy against crime--namely, punishment. But this is the only remedy of +that school, and in all the legislation inspired by the theories of that +school in all the countries of the civilized world there is no other +remedy against crime but repression. + +But Bentham has said: Every time that punishment is inflicted it proves +its inefficacy, for it did not prevent the committal of that crime. +Therefore, this remedy is worthless. And a deeper study of the cause of +crime demonstrates that if a man does not commit a certain crime, this +is due to entirely different reasons, than a fear of the penalty, very +strong and fundamental reasons which are not to be found in the threats +of legislators. These threats, if nevertheless carried out by police and +prison keepers, run counter to those conditions. A man who intends to +commit a crime, or who is carried away by a violent passion, by a +psychological hurricane which drowns his moral sense, is not checked by +threats of punishment, because the volcanic eruption of passion prevents +him from reflecting. Or he may decide to commit a crime after due +premeditation and preparation, and in that case the penalty is +powerless to check him, because he hopes to escape with impunity. All +criminals will tell you unanimously that the only thing which impelled +them when they were deliberating a crime was the expectation that they +would go scot free. If they had but the least suspicion that they might +be detected and punished they would not have committed the crime. The +only exception is the case in which a crime is the result of a mental +explosion caused by a violent outburst of passion. And if you wish to +have a very convincing illustration of the psychological inefficacy of +legal threats, you have but to think of that curious crime which has now +assumed a frequency never known to former centuries, namely the making +of counterfeit money. For since paper money--from want or for reasons of +expediency--has become a substitute of metal coin in the civilized +countries, the making of counterfeit paper money has become very +frequent in the nineteenth century. Now a counterfeiter, in committing +his crime, must compel his mind to imitate closely the inscription of +the bill, letter for letter, including that threatening passage, which +says: _"The law punishes counterfeiting_ ..." etc. Can you see before +your mind's eye a counterfeiter, in the act of engraving on the stone or +the others may ignore the penalty that awaits them, but he cannot. This +illustration is convincing, for in cases of other crimes one may always +assume that the criminal acted without thinking of the future, even when +he was not in a transport of passion. But in the case of the +counterfeiter the very act of committing the crime reminds him of the +threat of the law, and yet he is imperturbable while perpetrating it. + +Crime has its natural causes, which lie outside of that mathematical +point called the free will of the criminal. Aside from being a juridical +phenomenon, which it would be well to examine by itself, every crime is +above all a natural and social phenomenon, and should be studied +primarily as such. We need not go through so hard a course of study +merely for the purpose of walking over the razor edge of juristic +definitions and to find out, for instance, that from the time Romagnosi +made a distinction between incompleted and attempted crime rivers of ink +have been spilled in the attempt to find the distinguishing elements of +these two degrees of crime. And finally, when the German legislator +concluded to make no distinction between incompleted and attempted crime +and to recognize only the completed crime in his code of 1871, we +witnessed the spectacle of Carrara praising that legislator for leaving +that subtile distinction out of his code. A strange conclusion on the +part of a science, which cudgels its brains for a century to find the +marks of distinction between attempted and incompleted crime, and then +praises the legislator for ignoring it. And another classic jurist, +Buccellati, proposed to do away with the theory of attempted crime by +simply defining it as a crime by itself, or as--a violation of police +laws! A science which comes to such conclusions is a science which moves +in metaphysical abstractions, and we shall see that all these finespun +questions which abound in classical science lose all practical value +before the necessity of saving society from the plague of crime. + +The method which we, on the other hand, have inaugurated is the +following: Before we study crime from the point of view of a juristic +phenomenon, we must study the causes to which the annual recurrence of +crimes in all countries is due. These are natural causes, which I have +classified under the three heads of anthropological, telluric and +social. Every crime, from the smallest to the most atrocious, is the +result of the interaction of these three causes, the anthropological +condition of the criminal, the telluric environment in which he is +living, and the social environment in which he is born, living and +operating. It is a vain beginning to separate the meshes of this net of +criminality. There are still those who would maintain the one-sided +standpoint that the origin of crime may be traced to only one of these +elements, for instance, to the social element alone. So far as I am +concerned, I have combatted this opinion from the very inauguration of +the positive school of criminology, and I combat it today. It is +certainly easy enough to think that the entire origin of all crime is +due to the unfavorable social conditions in which the criminal lives. +But an objective, methodical, observation demonstrates that social +conditions alone do not suffice to explain the origin of criminality, +although it is true that the prevalence of the influence of social +conditions is an incontestable fact in the case of the greater number +of crimes, especially of the lesser ones. But there are crimes which +cannot be explained by the influence of social conditions alone. If you +regard the general condition of misery as the sole source of +criminality, then you cannot get around the difficulty that out of one +thousand individuals living in misery from the day of their birth to +that of their death only one hundred or two hundred become criminals, +while the other nine hundred or eight hundred either sink into +biological weakness, or become harmless maniacs, or commit suicide +without perpetrating any crime. If poverty were the sole determining +cause, one thousand out of one thousand poor ought to become criminals. +If only two hundred become criminals, while one hundred commit suicide, +one hundred end as maniacs, and the other six hundred remain honest in +their social condition, then poverty alone is not sufficient to explain +criminality. We must add the anthropological and telluric factor. Only +by means of these three elements of natural influence can criminality be +explained. Of course, the influence of either the anthropological or +telluric or social element varies from case to case. If you have a case +of simple theft, you may have a far greater influence of the social +factor than of the anthropological factor. On the other hand, if you +have a case of murder, the anthropological element will have a far +greater influence than the social. And so on in every case of crime, and +every individual that you will have to judge on the bench of the +criminal. + +The anthropological factor. It is precisely here that the genius of +Cesare Lombroso established a new science, because in his search after +the causes of crime he studied the anthropological condition of the +criminal. This condition concerns not only the organic and anatomical +constitution, but also the psychological, it represents the organic and +psychological personality of the criminal. Every one of us inherits at +birth, and personifies in life, a certain organic and psychological +combination. This constitutes the individual factor of human activity, +which either remains normal through life, or becomes criminal or insane. +The anthropological factor, then, must not be restricted, as some laymen +would restrict it, to the study of the form of the skull or the bones +of the criminal. Lombroso had to begin his studies with the anatomical +conditions of the criminal, because the skulls may be studied most +easily in the museums. But he continued by also studying the brain and +the other physiological conditions of the individual, the state of +sensibility, and the circulation of matter. And this entire series of +studies is but a necessary scientific introduction to the study of the +psychology of the criminal, which is precisely the one problem that is +of direct and immediate importance. It is this problem which the lawyer +and the public prosecutor should solve before discussing the juridical +aspect of any crime, for this reveals the causes which induced the +criminal to commit a crime. At present there is no methodical standard +for a psychological investigation, although such an investigation was +introduced into the scope of classic penal law. But for this reason the +results of the positive school penetrate into the lecture rooms of the +universities of jurisprudence, whenever a law is required for the +judicial arraignment of the criminal as a living and feeling human +being. And even though the positive school is not mentioned, all profess +to be studying the material furnished by it, for instance, its analyses +of the sentiments of the criminal, his moral sense, his behavior before, +during and after the criminal act, the presence of remorse which people, +judging the criminal after their own feelings, always suppose the +criminal to feel, while, in fact, it is seldom present. This is the +anthropological factor, which may assume a pathological form, in which +case articles 46 and 47 of the penal code remember that there is such a +thing as the personality of the criminal. However, aside from insanity, +there are thousands of other organic and psychological conditions of the +personality of criminals, which a judge might perhaps lump together +under the name of extenuating circumstances, but which science desires +to have thoroughly investigated. This is not done today, and for this +reason the idea of extenuating circumstances constitutes a denial of +justice. + +This same anthropological factor also includes that which each one of us +has: the race character. Nowadays the influence of race on the destinies +of peoples and persons is much discussed in sociology, and there are +one-sided schools that pretend to solve the problems of history and +society by means of that racial influence alone, to which they attribute +an absolute importance. But while there are some who maintain that the +history of peoples is nothing but the exclusive product of racial +character, there are others who insist that the social conditions of +peoples and individuals are alone determining. The one is as much a +one-sided and incomplete theory as the other. The study of collective +society or of the single individual has resulted in the understanding +that the life of society and of the individual is always the product of +the inextricable net of the anthropological, telluric and social +elements. Hence the influence of the race cannot be ignored in the study +of nations and personalities, although it is not the exclusive factor +which would suffice to explain the criminality of a nation or an +individual. Study, for instance, manslaughter in Italy, and, although +you will find it difficult to isolate one of the factors of criminality +from the network of the other circumstances and conditions that produce +it, yet there are such eloquent instances of the influence of racial +character, that it would be like denying the existence of daylight if +one tried to ignore the influence of the ethnical factor on +criminality. + +In Italy there are two currents of criminality, two tendencies which are +almost diametrically opposed to one another. The crimes due to hot blood +and muscle grow in intensity from northern to southern Italy, while the +crimes against property increase from south to north. In northern Italy, +where movable property is more developed, the crime of theft assumes a +greater intensity, while crimes due to conditions of the blood are +decreasing on account of the lesser poverty and the resulting lesser +degeneration of the people. In the south, on the other hand, crimes +against property are less frequent and crimes of blood more frequent. +Still there also are in southern Italy certain cases where criminality +of the blood is less frequent, and you cannot explain this in any other +way than by the influence of racial character. If you take a +geographical map of manslaughter in Italy, you will see that from the +minimum, from Lombardy, Piedmont, and Venice, the intensity increases +until it reaches its maximum in the insular and peninsular extreme of +the south. But even there you will find certain cases in which +manslaughter shows a lesser intensity. + +For instance, the province of Benevent is surrounded by other provinces +which show a maximum of crimes due to conditions of blood, while it +registers a smaller number. Naples, again, shows a considerably smaller +number of such cases than the provinces surrounding it, but it has a +greater number of unpremeditated cases of manslaughter. Messina, Catania +and Syracuse have a remarkably smaller number of blood crimes than +Trapani, Girgenti and Palermo. It has been attempted to claim that this +difference in criminality is due to social condition's, because the +agricultural conditions in eastern Sicily are less degrading than those +of Girgenti and Trapani, where the sulphur mines compel the miners to +live miserably. But we should like to ask the following question in +opposition to this idea: Why and in what respect are the agricultural +conditions in some provinces better than in others? This condition is +merely itself a result, not a cause of the first degree. + +Since the theory of historical materialism, which I prefer to call +economic determinism, has demonstrated that political, moral and +intellectual phenomena are reactions on the economic conditions of any +time and place, the attempt has been made to interpret this theory very +narrowly and to pretend that the economic condition of a nation is a +primary cause and not determined by any other. For my part, ever since I +have demonstrated the perfect accord between the Marxian and the +Darwinian theories, I have said: Very well, the economic conditions of a +nation explain its political, moral, intellectual conditions, but the +economic condition is in its turn the result of other factors. For +instance, how can the industrialism of England in the nineteenth century +be explained? Take away the coal mines (the telluric environment), and +you could not have the economic conditions of England as they are. For +the economic conditions are a result of favorable or unfavorable +telluric conditions which are acted upon by the intelligence and energy +of a certain race. Catania, Messina, Syracuse, are in a better economic +condition, because they have better geographical conditions and a +different race (of Grecian blood) than the other Sicilian provinces. So +it is in Apulia and Naples, which have likewise a considerable mixture +of Grecian blood. The northern tourists are still attracted by our art +and visit the ruins of Taormina or Pesto, which are the relics of the +Grecian race. And it is the Grecian blood which explains the lesser +frequency of bloody crimes in those provinces. This is therefore +evidently the influence of the race. And I maintain that the same fact +is due in the province of Benevent to the admixture of Langobardian +blood. For the Duchy of Benevent has had an influx of Langobardian +elements since the seventh century. And as we know that the German and +Anglo-Saxon race has the smallest tendency towards bloody crimes, the +beneficial influence of this racial character in Benevent explains +itself. On the other hand, there is much Saracen blood in the western +and southern provinces of Sicily, and this explains the greater number +of bloody crimes there. It is evident that the organic character of the +inhabitants of that island, where you may still see the brutal and +barbarian features of the Saracen by the side of those of the blond, +cool and quiet Norman, contains a transfusion of the blood of diverse +races. But it is also true that wherever a certain race has been +predominant, there its influence is left behind in the individual and +collective life. + +Let this be enough so far as the anthropological factor of criminality +is concerned. There are, furthermore, the telluric factors, that is to +say, the physical environment in which we live and to which we pay no +attention. It requires much philosophy, said Rousseau, to note the +things with which we are in daily contact, because the habitual +influence of a thing makes it more difficult to be aware of it. This +applies also to the immediate influence of the physical conditions on +human morality, notwithstanding the spiritualist prejudices which still +weigh upon our daily lives. For instance, if it is claimed in the name +of supernaturalism and psychism that a man is unhappy because he is +vicious, it is equivalent to making a one-sided statement. For it is +just as true to say that a man becomes vicious because he is unhappy. +Want is the strongest poison for the human body and soul. It is the +fountain head of all inhuman and antisocial feeling. Where want spreads +out its wings, there the sentiments of love, of affection, of +brotherhood, are impossible. + +Take a look at the figures of the peasant in the far-off arid Campagna, +the little government employee, the laborer, the little shop-keeper. +When work is assured, when living is certain, though poor, then want, +cruel want, is in the distance, and every good sentiment can germinate +and develop in the human heart. The family then lives in a favorable +environment, the parents agree, the children are affectionate. And when +the laborer, a bronzed statue of humanity, returns from, his smoky shop +and meets his white-haired mother, the embodiment of half a century of +immaculate virtue and heroic sacrifices, then he can, tired, but assured +of his daily bread, give room to feelings of affection, and he will +cordially invite his mother to share his frugal meal. But let the same +man, in the same environment, be haunted by the spectre of want and lack +of employment, and you will see the moral atmosphere in his family +changing as from day into night. There is no work, and the laborer comes +home without any wages. The wife, who does not know how to feed the +children, reproaches her husband with the suffering of his family. The +man, having been turned away from the doors of ten offices, feels his +dignity as an honest laborer assailed in the very bosom of his own +family, because he has vainly asked society for honest employment. And +the bonds of affection and union are loosened in that family. Its +members no longer agree. There are too many children, and when the poor +old mother approaches her son, she reads in his dark and agitated mien +the lack of tenderness and feels in her mother heart that her boy, +poisoned by the spectre of want, is perhaps casting evil looks at her +and harboring the unfilial thought: "Better an open grave in the +cemetery than one mouth more to feed at home!" + +It is true, that want alone is not sufficient to prepare the soil in the +environment of that suffering family for the roots of real crime and to +develop it. Want will weaken the love and mutual respect among the +members of that family, but it will not be strong enough alone to arm +the hands of the man for a matricidal deed, unless he should get into a +pathological mental condition, which is very exceptional and rare. But +the conclusions of the positive school are confirmed in this case as in +any other. In order that crime may develop, it is necessary that +anthropological, social and telluric factors should act together. + +We generally forget the conditions of the physical environment in which +we live, because supernatural prejudice tells us that the body is a +beast which we must forget in order to elevate ourselves into a +spiritual life. Manzoni could designate the Middle Ages by the term +"dirty." because they neglected the demands of elementary hygiene, and +thus of human morality. For where the requirements of our physical body +are neglected or offended, there no flower can bloom. The telluric +environment has a great influence on our physical activity, by way of +our nervous system. We feel differently disposed, according to whether a +south or a north wind blows. When Garibaldi was on the Pampas, he +observed that his companions were irascible and prone to violent +quarrels, when the Pampero blew, and that their behavior changed, when +this wind ceased. The great founders of criminal statistics, Quetelet +and Guerry, observed that the change of seasons carried with it a change +in criminality. Sexual crimes are less frequent in winter than in spring +and summer. And with reference to this point I have maintained, and +still maintain, that it is due to the combined effects of temperature +and social conditions, if crimes against property increase in winter. +For lack of employment, the want of food and shelter, intensify the +misery and lead to attacks on property. On the other hand, the cold by +itself reduces sexual crimes and personal assaults. And those who claim +that the longer intercourse between people in summer time has also a +social influence, are also partly in the right. + +The most eloquent fact in this respect was mentioned by Murro, when he +pointed out that this change in the frequency of bloody crimes, greater +in the warm months than in winter, applied also to prisoners. Statistics +show that breach of discipline is most frequent in hot seasons. The +social factor does not enter there, because the social life is there the +same in winter and in summer. This is, therefore, a practical proof of +the influence of climate, and it is re-enforced by the fact that +delirium and epilepsy in insane asylums are also more frequent in hot +than in cold months. The influence of the telluric factors, then, cannot +be denied, and the influence of the social factor intensifies it, as I +have already shown by its most drastic and characteristic example, that +of want. One can, therefore, understand that a man, whose morality has +been shaken by the pressure of increasing want, may be led to commit a +crime against property or persons. + +It is certainly quite evident, that economic misery has an undeniable +influence on criminality. And if you consider, that about 300,000 +criminals are sentenced in Italy every year, 180,000 of them for minor +crimes, and 120,000 for crimes which belong to the gravest class, you +can easily see that the greater part of them due mainly to social +conditions, for which it should not be so very difficult to find a +remedy. The work of the legislator may be slow, difficult, and +inadequate, so far as the telluric and anthropological factors are +concerned. But it could surely be rapid, efficacious and prompt, so far +as the social factors influencing criminality are concerned. + +We have now demonstrated that crime has its natural source in the +combined interaction of three classes of causes, the anthropological +(organic and psychological) factor, the telluric factor, and the social +factor. And by this last factor we must not only mean want, but any +other condition of administrative instability in political, moral, and +intellectual life. Every social condition which makes the life of man in +society insincere and imperfect is a social factor contributing towards +criminality. The economic factor is in evidence in our civilization +wherever the law of free competition, which is but a form of disguised +cannibalism, establishes the rule: _Your death is my life_. The +competition of laborers for a limited number of places is equivalent to +saying that those who secure a living do so at the expense of those who +do not. And this is a disguised form of cannibalism. While it does not +devour the competitor as primitive mankind did, it paralyzes him by +calumnies, recommendations, protection, money, which, secure the place +for the best bargainer and leave the most honest, talented, and +self-respecting to the pangs of starvation. + +Moreover, the economic factor exerts its crime-breeding influence also +under the form of a superabundance of wealth. Indeed, in our present +society, which is in the downward stage of transition from glorious +bourgeois civilization, which constituted a golden page of human +history in the 19th century, wealth itself is a source of crime. For the +rich, who do not enjoy the advantage of manual or intellectual work, +suffer from the corruption of leisure and vice. Gambling throws them +into an unhealthy fever; the struggle and race for money poison their +daily lives. And although the rich may keep out of reach of the penal +code, still they have condemned themselves to a life devoted to +hypocritical ceremonies, which are devoid of moral sentiment. And this +life leads them to a sportive form of criminality. To cheat at gambling +is the inevitable fate of these parasites. In order to kill time they +give themselves up to games of chance, and those who do not care for +that devote themselves to the sport of adultery, which in that class is +a pastime even among the best friends, on account of sheer mental +poverty. And all because man's mind unoccupied is the devil's own forge, +as the English poet says. + +We have now surveyed briefly the natural genesis of crime, as a natural +social phenomenon, brought about by the interaction of anthropological, +telluric, and social influences, which in any determined moment act +upon a personality standing on the cross road of vice and virtue, crime +and honesty. This scientific deduction gives rise to a series of +investigations which satisfy the mind and supply it with a real +understanding of things, far better than the theory that a man is a +criminal because he wants to be. No, a man commits crime because he +finds himself in certain physical and social conditions, from which the +evil plant of crime takes life and strength. Thus we obtain the origin +of that sad human figure which is the product of the interaction of +those factors, an abnormal man, a man not adapted to the conditions of +the social environment in which he is born, so that emigration becomes +an ever more permanent phenomenon for the greater portion of men, for +whom the accident of birth will less and less determine the course of +their future life. And the abnormal man who is below the minimum of +adaptability to social life and bears the marks of organic degeneration, +develops either a passive or an aggressive form of abnormality and +becomes a criminal. + +Among these abnormal human beings, two groups must be particularly +distinguished. Limiting our observations to those who are true +aggressively antisocial abnormals, that is to say, who are not adapted +to a certain social order and attack it by crimes, we must distinguish +those who for egoistic or ferocious reasons attack society by atavistic +forms of the struggle for existence by committing socalled common crimes +in the shape of fraud or violence, thereby opposing or abolishing +conditions in which their fellow beings may live. This is the atavistic +type of criminals which represents an involutionary, or retrogressive, +form of abnormality, due to an arrested development or an atavistic +reversion to a savage and primitive type. These constitute the majority +in the world of criminals and must be distinguished from the minority, +who are evolutionary, or progressive, abnormals, that may also commit +crime in a violent form, but must not be confounded with the others, +because they do not act from egoistic motives, but rebel from altruistic +motives against the injustice of the present order. These altruistic +criminals feel the sufferings and horrors due to the injustice +surrounding them and may go so far as to commit murder, which must +always be condemned, but which must not be confounded with atavistic or +egoistic murder. Recourse to personal violence is always objectionable +from the point of view of higher manhood, which desires that human life +should always be held in respect. But the reasons for such a crime are +different, being egoistic in the one, and altruistic in the other case. +The evolutionary abnormal is often an instrument of human progress, not +in the form of criminality, but in that of intellectual and moral +rebellion against conditions which are sanctioned by laws that +frequently punish such an evolutionary rebellion harder than atavistic +crime, as they do in Russia, where capital punishment has been abolished +for common crimes, but retained for political violations of the law! We +are living in an epoch of transition from the old to the new, and +contemporaneous humanity has an uneasy moral conscience in this critical +time. The ruling classes are losing their clearness of vision, so that +they promise monuments to those political murderers who promoted their +own historical victories, but would condemn like any common criminal him +who now devotes his soul to a revolutionary ideal, would throw into +prison the pioneer of new human ideals, just as Russia is +excommunicating the rebel Tolstoi. I mention Leo Tolstoi advisedly for +the purpose of giving a precise illustration of my heterodox thought in +reference to this question. We are opposed to any form of personal +violence (with the sole exception of self-defense), we cannot approve of +any form of personal assault, no matter what may be its motive. +Therefore we cannot have words of praise or excuse for political murder, +though it may be inspired by altruistic motives. We can demand that the +legislator should distinguish between the psychological sources of these +two forms of murder, the egoistic and the altruistic form. But we +condemn them both, because they are inhuman forms of violence. Ideas do +not make victorious headway by force of arms. Ideas must be combatted by +ideas, and it is only by the propaganda of the idea that we can prepare +humanity for its future. Violence is always a means of preventing the +sincere and fruitful diffusion of an idea. We do not say this merely for +the abnormals of the lower classes. We refer with scientific serenity +also to the upper classes, who would suppress by violence every +manifestation of revolt against the social iniquities, every affirmation +of faith in a better future. + +This is the conception of our science, which thus succeeds in +distinguishing traits of character even among the unlucky and forlorn +people of the criminal world, while the classic school of criminology +regards a criminal as a sort of abstract and normal man, with the +exception of cases of minors, deaf mutes, inebriates, and maniacs. + +In fact, the classic school of criminology regards all thieves as THE +thief, all murderers as THE murderer, and the human shape disappears in +the mind of the legislator, while it re-appears before the judge. Before +the essayist and legislator, the criminal is a sort of moving dummy, on +whose hack the judge may paste an article of the penal code. If you +leave out of consideration the established cases of exceptional and rare +human psychology mentioned in the penal code, all other cases serve the +judge merely as an excuse to select from the criminal code the number of +that article which will fit the criminal dummy, and if he should paste +404 instead of 407 on its back, the court of appeals would resist, any +change of numbers. And if this dummy came to life and said: "The +question of my number may be very important for you, but if you would +study all the conditions that compelled me to take other people's +things, you would realize that this importance is very diagrammatic," +the judge would answer: "That's all right for the justice of the future, +but it isn't now. You are number 404 of the criminal code, and after +leaving this court room with this number pasted legally on your back, +you will receive another number, for you will enter prison as number 404 +and will exchange it for entry number 1525, or some other, because your +personality as a man disappears entirely before the enactment of social +justice!" And then it is pretended that this man, whose personality is +thus absurdly ignored, should leave prison cured of all degeneration, +and if he falls back into the path of thorns of his misery and commits +another crime, the judge simply pastes another article over the other, +by adding number 80 or 81, which refer to cases of relapse, to number +404! + +In this way the classic school of criminology came to its unit of +punishment, which it heralded as its great progress. In the Middle +Ages, the diversity of punishment was greater. But in the 19th century +the classic school of criminology combatted dishonoring punishment, +corporeal punishment, confiscation, professional punishment, capital +punishment, with its ideal of one sole penalty, the only panacea for +crime and criminals, _prison_. + +We have, indeed, prohibitory measures and fines even today. But in +substance the whole punitive armory is reduced to imprisonment, since +fines are likewise convertible into so many days or months of +imprisonment. Solitary confinement is the ideal of the classic school of +criminology. But experience proves that this penalty has as much effect +on the disease of criminality, as the remedy of a physician would have, +who would sit in the door of a hospital and tell every patient seeking +relief: "Whatever may be your disease, I have only one medicine and that +is a decoction of rhubarb. You have heart trouble? Well, then, the +problem for me is simply--how big a dose of rhubarb decoction shall I +give you?" + +And measuring doses of penalty is the foundation of the criminal code. +That is so true that this code is in its last analysis but a table of +criminal logarithms for figuring out penalties. Woe to the judge who +makes a mistake in sentencing a 19 year old offender who was drunk when +he sinned, but had premeditated his deed. Woe to the judge, if he misses +his calculation in adding or subtracting the third, or sixth, or one +half, corresponding to the prescribed extenuating or aggravating +circumstances! If he makes a miscalculation, the court of appeals is +invoked by the defendant, and the inexorable court of appeals tells the +judge: "Figure this over again. You have been unjust." The only question +for the judge is this: Add your sums and subtract your deductions, and +the prisoner is sentenced to one year, seven months, and thirteen days. +Not one day more or less! But the human spectator asks: "If the criminal +should happen to be reformed before the expiration of his term, should +he be retained in prison?" The judge replies: "I don't care, he stays in +one year, seven months, and thirteen days!" + +Then the human spectator says: "But suppose the criminal should not yet +be fit for human society at the expiration of his term?" The judge +replies: "At the expiration of his term he leaves prison, for when he +has absolved his last day, he has paid his debt!" + +This is the same case as that of the imaginary physician who says: "You +have heart trouble? Then take a quart of rhubarb decoction and stay +twelve days in the hospital." Another patient says: "I have broken my +leg." And the doctor: "All right, take a pint of rhubarb decoction and +17 days in the hospital." A third has inflammation of the lungs, and the +doctor prescribes three quarts of rhubarb decoction and three months in +the hospital. "But if my inflammation is cured before that time?" "No +matter," says the doctor, "you stay in three months." "But if I am not +cured of my lung trouble after three months?" "No matter," says the +doctor, "you leave after three months." + +To such results have wise men been led by a system of penal justice, +which is a denial of all elementary common sense. They have forgotten +the personality of the criminal and occupied themselves exclusively with +crime as an abstract juristic phenomenon. In the same manner, the old +style medicine occupied itself with disease as such, as an abstract +pathological phenomenon, without taking into account the personality of +the patient. The ancient physicians did not consider whether a patient +was well or ill nourished, young or old, strong or weak, nervous or +fullblooded. They cured fever as fever, pleurisy as pleurisy. Modern +medicine, on the other hand, declares that disease must be studied in +the living person of the patient. And the same disease may require +different treatment, if the condition of the patient is different. + +Criminal justice has taken the same historical course of development as +medicine. The classic school of criminology is still in the same stage, +in which medicine was before the middle of the 19th century. It deals +with theft, murder, fraud, as such. But that which claims so much of the +attention of society has been forgotten by the classic school. For that +school has forgotten to study the murderer, the thief, the forger, and +without that study their crimes cannot be understood. + +Crime is one of the conditions required for the study of the criminal. +But, the same crime may require the application of different remedies +to the personalities of different criminals, according to the different +anthropological and social conditions of the various criminals. There is +a fundamental distinction between the anthropological and social types +of criminals, whom I have divided into five categories, which are today +unanimously accepted by criminalist anthropologists, since the Geneva +congress offered an opportunity to explain the misapprehension which led +some foreign scientists to believe that the Italian school regarded one +of these types (the born criminal) merely as an organic anomaly. + +Just a word concerning each one of these five types. + +The _born criminal_ is a victim of that which I will call (seeing that +science has not yet solved this problem) criminal neurosis, which is +very analogous to epileptic neurosis, but which is not in itself +sufficient to make one a criminal. Our adversaries had the idea that the +mere possession of a crooked nose or a slanting skull stamped a man as +predisposed by birth to murder or theft. But a man may he a born +criminal, that is to say, he may have some congenital degeneration which +predisposes him toward crime, and yet he may die at the age of 80 +without having committed any crime, because he was fortunate enough to +live in an environment which did not offer him any temptation to commit +crime. Again, are not many predisposed toward insanity without ever +becoming insane? If the same individual were to live under unfavorable +conditions, without any education, if he were to find himself in +unhealthy telluric surroundings, in a mine, a rice field, or a miasmatic +swamp, he would become insane. But if instead of living in conditions +that condemn him to lunacy he were to be under no necessity to struggle +for his daily bread, if he could live in affluence, he might exhibit +some eccentricity of character, but would not cross the threshold of an +insane asylum. The same happens in the case of criminality. One may have +a congenital predisposition toward crime, but if he lives in favorable +surroundings, he will live to the end of his natural life without +violating any criminal or moral law. At any rate we must drop the +prejudice that only those are criminals on whose backs the judge has +pasted a number. For there are many scoundrels at large who commit crime +with impunity, or who brush the edge of the criminal law in the most +repulsive immorality without violating it. + +This misunderstanding was explained at the congress of Geneva by the +statement that the interaction of the social and telluric environment is +required also in the case of the born criminal. And now we may take it +for granted that my classification of five types is everywhere accepted. +These are the following: The _born criminal_ who has a congenital +predisposition for crime; the _insane criminal_ suffering from some +clinical form of mental alienation, and whom even our existing penal +code had to recognize; the _habitual criminal_, that is to say one who +has acquired the habit of crime mainly through the ineffective measures +employed by society for the prevention and repression of crime. A common +figure in our large industrial centers is that of the abandoned child +which has to go begging from its earliest youth in order to collect an +income for the enterprising boss or for its poor family, without an +opportunity to educate its moral sense in the filth of the streets. It +is punished for the first time by the law and sent to prison or to a +reformatory, where it is inevitably corrupted. Then, when such an +individual comes out of prison, he is stigmatized as a thief or forger, +watched by the police, and if he secures work in some shop, the owner is +indirectly induced to discharge him, so that he must inevitably fall +back upon crime. + +Thus one acquires crime as a habit, a product of social rottenness, due +to the ineffective measures for the prevention and repression of crime. +There is furthermore the _occasional criminal_, who commits very +insignificant criminal acts, more because he is led astray by his +conditions of life than because the aggressive energy of a degenerate +personality impels him. If he is not made worse by a prison life, he may +find an opportunity to return to a normal life in society. Finally there +is the _passionate criminal,_ who, like the insane criminal, has +received attention from the positive school of criminology; which, +however, did not come to any definite conclusions regarding him, such as +may be gathered by means of the experimental method through study in +prisons, insane asylums, or in freedom. The relations between passion +and crime have so far been studied on a field in which no solution was +possible. For the classic school considers such a crime according to +the greater or smaller intensity and violence of passion and comes to +the conclusion that the degree of responsibility decreases to the extent +that the intensity of a passion increases, and vice versa. The problem +cannot be solved in this way. There are passions which may rise to the +highest degree of intensity without reducing the responsibility. For +instance, is one who murders from motives of revenge a passionate +criminal who must be excused? + +The classic school of criminology says "No," and for my part I agree +with them. Francesco Carrara says: "There are blind passions, and others +which are reasonable. Blind passions deprive one of free will, +reasonable ones do not. Blind and excusable passions are fear, honor, +love, reasonable and inexcusable ones are hatred and revenge." But how +so? I have studied murderers who killed for revenge and who told me that +the desire for revenge took hold of them like a fever, so that they +"forgot even to eat." Hate and revenge can take possession of a man to +such an extent that he becomes blind with passion. The truth is that +passion must be considered not so far as its violence or quantity are +concerned, but rather as to its quality. We must distinguish between +social and anti-social passion, the one favoring the conditions of life +for the species and collectivity, the other antagonistic to the +development of the collectivity. In the first case, we have love, +injured honor, etc, which are passions normally useful to society, and +aberrations of which may be excused more or less according to individual +cases. On the other hand, we have inexcusable passions, because their +psychological tendency is to antagonize the development of society. They +are antisocial, and cannot be excused, and hate and revenge are among +them. + +The positive school therefore admits that a passion is excusable, when +the moral sense of a man is normal, when his past record is clear, and +when his crime is due to a social passion, which makes it excusable. + +We shall see tomorrow what remedies the positive school of criminology +proposes for each one of these categories of criminals, in distinction +from the measuring of doses of imprisonment advocated by the classic +school. + +We have thus exhausted in a short and general review the subject of the +natural origin of criminality.--To sum up, crime is a social +phenomenon, due to the interaction of anthropological, telluric, and +social factors. This law brings about what I have called criminal +saturation, which means that every society has the criminality which it +deserves, and which produces by means of its geographical and social +conditions such quantities and qualities of crime as correspond to the +development of each collective human group. + +Thus the old saying of Imetelet is confirmed: "There is an annual +balance of crime, which must be paid and settled with greater regularity +than the accounts of the national revenue." However, we positivists give +to this statement a less fatalistic interpretation, since we have +demonstrated that crime is not our immutable destiny, even though it is +a vain beginning to attempt to attenuate or eliminate crime by mere +schemes. The truth is that the balance of crime is determined by the +physical and social environment. But by changing the condition of the +social environment, which is most easily modified, the legislator may +alter the influence of the telluric environment and the organic and +psychic conditions of the population, control the greater portion of +crimes, and reduce them considerably. It is our firm conviction that a +truly civilized legislator can attenuate the plague of criminality, not +so much by means of the criminal code, as by means of remedies which are +latent in the remainder of the social life and of legislation. And the +experience of the most advanced countries confirms this by the +beneficent and preventive influence of criminal legislation resting on +efficacious social reforms. + +We arrive, then, at this scientific conclusion: In the society of the +future, the necessity for penal justice will be reduced to the extent +that social justice grows intensively and extensively. + + +III. + +In the preceding two lectures, I have given you a short review of the +new current in scientific thought, which studies the painful and +dangerous phenomena of criminality. We must now draw the logical +conclusions, in theory and practice, from the teachings of experimented +science, for the removal of the gangrenous plague of crime. Under the +influence of the positive methods of research, the old formula "Science +for science's sake" has given place to the new formula "Science for +life's sake." For it would be useless for the human mind to retreat into +the vault of philosophical concentration, if this intellectual mastery +did not produce as a counter-effect a beneficent wave of real +improvement in the destinies of the human race. + +What, then, has the civilized world to offer in the way of remedies +against criminality? The classic school of criminology, being unable to +locate in the course of its scientific and historical mission the +natural causes of crime, as I have shown in the preceding lectures, was +not in a position to deal in a comprehensive and far-seeing manner with +this problem of the remedy against criminality. Some of the classic +criminologists, such as Bentham, Romagnosi, or Ellero, with a more +positive bent of mind than others, may have given a little of their +scientific activity to the analysis of this problem, namely the +prevention of crime. But Ellero himself had to admit that "the classic +school of criminology has written volumes concerning the death penalty +and torture, but has produced but a few pages on the prevention of +criminality." The historical mission of that school consisted in a +reduction of punishment. For being born on the eve of the French +revolution in the name of individualism and natural rights, it was a +protest against the barbarian penalties of the Middle Ages. And thus the +practical and glorious result of the classic school was a propaganda for +the abolition of the most brutal penalties of the Middle Ages, such as +the death penalty, torture, mutilation. We in our turn now follow up the +practical and scientific mission of the classic school of criminology +with a still more noble and fruitful mission by adding to the problem of +the _diminution of penalties_ the problem of the _diminution of crimes_. +It is worth more to humanity to reduce the number of crimes than to +reduce the dread sufferings of criminal punishments, although even this +is a noble work, after the evil plant of crime has been permitted to +grow in the realm of life. Take, for instance, the philanthropic +awakening due to the Congress of Geneva in the matter of the Red Cross +Society, for the care, treatment and cure of the wounded in war. However +noble and praiseworthy this mission may be, it would be far nobler and +better to prevent war than to heal the mutilated and wounded. If the +same zeal and persistence, which have been expended in the work of the +Red Cross Society, had been devoted to the realization of international +brotherhood, the weary road of human progress would show far better +results. + +It is a noble mission to oppose the ferocious penalties of the Middle +Ages. But it is still nobler to forestall crime. The classic school of +criminology directed its attention merely to penalties, to repressive +measures after crime had been committed, with all its terrible moral +and material consequences. For in the classic school, the remedies +against criminality have not the social aim of improving human life, but +merely the illusory mission of retributive justice, meeting a moral +delinquency by a corresponding punishment in the shape of legal +sentences. This is the spirit which is still pervading criminal +legislation, although there is a sort of eclectic compromise between the +old and the new. The classic school of criminology has substituted for +the old absolutist conceptions of justice the eclectic theory that +absolute justice has the right to punish, but a right modified by the +interests of civilized life in present society. This is the point +discussed in Italy in the celebrated controversy between Pasquale +Stanislao Mancini and Terencio Mamiani, in 1847. This is in substance +the theory followed by the classic criminologists who revised the penal +code, which public opinion considers incapable of protecting society +against the dangers of crime. And we have but to look about us in the +realities of contemporaneous life in order to see that the criminal code +is far from being a remedy against crime, that it remedies nothing, +because either premeditation or passion in the person of the criminal +deprive the criminal law of all prohibitory power. The deceptive faith +in the efficacy of criminal law still lives in the public mind, because +every normal man feels that the thought of imprisonment would stand in +his way, if he contemplated tomorrow committing a theft, a rape, or a +murder. He feels the bridle of the social sense. And the criminal code +lends more strength to it and holds him back from criminal actions. But +even if the criminal code did not exist, he would not commit a crime, so +long as his physical and social environment would not urge him in that +direction. The criminal code serves only to isolate temporarily from +social intercourse those who are not considered worthy of it. And this +punishment prevents the criminal for a while from repeating his criminal +deed. But it is evident that the punishment is not imposed until after +the deed has been done. It is a remedy directed against effects, but it +does not touch the causes, the roots, of the evil. + +We may say that in social life penalties have the same relation to crime +that medicine has to disease. After a disease has developed in an +organism, we have recourse to a physician. But he cannot do anything +else but to reach the effects in some single individual. On the other +hand, if the individual and the collectivity had obeyed the rules of +preventive hygiene, the disease would have been avoided 90 times in 100, +and would have appeared only in extreme and exceptional cases, where a +wound or an organic condition break through the laws of health. Lack of +providence on the part of man, which is due to insufficient expression +of the forces of the intellect and pervades so large a part of human +life, is certainly to blame for the fact that mankind chooses to use +belated remedies rather than to observe the laws of health, which demand +a greater methodical control of one's actions and more foresight, +because the remedy must be applied before the disease becomes apparent. +I say occasionally that human society acts in the matter of criminality +with the same lack of forethought that most people do in the matter of +tooth-ache. How many individuals do not suffer from tooth-ache, +especially in the great cities? And yet any one convinced of the +miraculous power of hygiene could easily clean his teeth every day and +prevent the microbes of tooth rot from thriving, thereby saving his +teeth from harm and pain. But it is tedious to do this every day. It +implies a control of one's self. It cannot be done without the +scientific conviction that induces men to acquire this habit. Most +people say: "Oh well, if that tooth rots, I'll bear the pain." But when +the night comes in which they cannot sleep for toothache, they will +swear at themselves for not having taken precautions and will run to the +dentist, who in most cases cannot help them any more. + +The legislator should apply the rules of social hygiene in order to +reach the roots of criminality. But this would require that he should +bring his mind and will to bear daily on a legislative reform of +individual and social life, in the field of economics and morals as well +as in that of administration, politics, and intelligence. Instead of +that, the legislators permit the microbes of criminality to develop +their pathogenic powers in society. When crimes become manifest, the +legislator knows no other remedy but imprisonment in order to punish an +evil which he should have prevented. Unfortunately this scientific +conviction is not yet rooted and potent in the minds of the legislators +of most of the civilized countries, because they represent on an +average the backward scientific convictions of one or two previous +generations. The legislator who sits in parliament today was the +university student of 30 years ago. With a few very rare exceptions he +is supplied only with knowledge of outgrown scientific research. It is a +historical law that the work of the legislator is always behind the +science of his time. But nevertheless the scientist has the urgent duty +to spread the conviction that hygiene is worth as much on the field of +civilization as it is in medicine for the public health. + +This is the fundamental conviction at which the positive school arrives: +That which has happened in medicine will happen in criminology. The +great value of practical hygiene, especially of social hygiene, which is +greater than that of individual hygiene, has been recognized after the +marvelous scientific discoveries concerning the origin and primitive +causes of the most dangerous diseases. So long as Pasteur and his +disciples had not given to the world their discovery of the pathogenic +microbes of all infectious diseases, such as typhoid fever, cholera, +diphtheria, tuberculosis, etc, more or less absurd remedies were +demanded of the science of medicine. I remember, for instance, that I +was compelled in my youth, during an epidemic of cholera, to stay in a +closed room, in which fumigation was carried on with substances +irritating the bronchial tubes and lungs without killing the cholera +microbes, as was proved later on. It was not until the real causes of +those infectious diseases were discovered, that efficient remedies could +be employed against them. An aqueduct given to a center of population +like Naples is a better protection against cholera than drugs, even +after the disease has taken root in the midst of the people of Naples. +This is the modern lesson which we wish to teach in the field of +criminology, a field which will always retain its repressive functions +as an exceptional and ultimate refuge, because we do not believe that we +shall succeed in eliminating all forms of criminality. Hence, if a crime +manifests itself, repression may be employed as one of the remedies of +criminology, but it should be the very last, not the exclusively +dominating one, as it is today. + +It is this blind worship of punishment which is to blame for the +spectacle which we witness in every modern country, the spectacle that +the legislators neglect the rules of social hygiene and wake up with a +start when some form of crime becomes acute, and that they know of no +better remedy than an intensification of punishment meeted out by the +penal code. If one year of imprisonment is not enough, we'll make it ten +years, and if an aggravation of the ordinary penalty is not enough, +we'll pass a law of exception. It is always the blind trust in +punishment which remains the only remedy of the public conscience and +which always works to the detriment of morality and material welfare, +because it does not save the society of honest people and strikes +without curing those who have fallen a prey to guilt and crime. + +The positive school of criminology, then, aside from the greater value +attributed to daily and systematic measures of social hygiene for the +prevention of criminality, comes to radically different conclusions also +in the matter of repressive justice. The classic school has for a +cardinal remedy against crime a preference for one kind of punishment, +namely imprisonment, and gives fixed and prescribed doses of this +remedy. It is the logical conclusion of retributive justice that it +travels by way of an illusory purification from moral guilt to the legal +responsibility of the criminal and thence on to a corresponding dose of +punishment, which has been previously prescribed and fixed. + +We, on the other hand, hold that even the surviving form of repression, +which will be inevitable in spite of the application of the rules of +social prevention, should be widely different, on account of the +different conception which we have of crime and of penal justice. + +In the majority of cases composed of minor crimes committed by people +belonging to the most numerous and least dangerous class of occasional +or passionate criminals, the only form of civil repression will be _the +compensation of the victim for his loss_. According to us, this should +he the only form of penalty imposed in the majority of minor crimes +committed by people who are not dangerous. In the present practice of +justice the compensation of the victim for his loss has become a +laughing stock, because this victim is systematically forgotten. The +whole attention of the classic school has been concentrated on the +juridical entity of the crime. The victim of the crime has been +forgotten, although this victim deserves philanthropic sympathy more +than the criminal who has done the harm. It is true, every, judge adds +to the sentence the formula that the criminal is responsible for the +injury and the costs to another authority. But the process of law puts +off this compensation to an indefinite time, and if the victim succeeds +a few years after the passing of the sentence in getting any action on +the matter, the criminal has in the meantime had a thousand legal +subterfuges to get away with his spoils. And thus the law itself becomes +the breeding ground of personal revenge, for Filangieri says aptly that +an innocent man grasps the dagger of the murderer, when the sword of +justice does not defend him. + +Let us say at this point that the rigid application of compensation for +damages should never be displaced by imprisonment, because this would be +equivalent to sanctioning a real class distinction, for the rich can +laugh at damages, while the proletarian would have to make good a +sentence of 1000 lire by 100 days in prison, and in the meantime the +innocent family that tearfully waits for him outside, would be plunged +into desperate straits. Compensation for damages should never take +place in any other way than by means of the labor of the prisoner to an +extent satisfactory to the family of the injured. It has been attempted +to place this in an eclectic way on our law books, but this proposition +remains a dead letter and is not applied in Italy, because a stroke of +legislator's pen is not enough to change the fate of an entire nation. + +These practical and efficient measures would be taken in the case of +lesser criminals. For the graver crimes committed by atavistic or +congenital criminals, of by persons inclining toward crime from acquired +habit or mental alienation, the positive school of criminology reserves +segregation for an indefinite time, for it is absurd to fix the time +beforehand in the case of a dangerous degenerate who has committed a +grave crime. + +The question of indeterminate sentences has been recently discussed also +by Pessina, who combats it, of course, because the essence of the +classic school of criminology is retribution for a fault by means of +corresponding punishment. We might reply that no human judge can use any +other but the grossest scale by which to determine whether you are +responsible to the extent of the whole, one half, or one third. And +since there is no absolute or objective criterion by which the ratio of +crime to punishment can be determined, penal justice becomes a game of +chance. But we content ourselves by pointing out that segregation for an +indefinite time has so much truth in it, that even the most orthodox of +the classic school admit it, for instance in the case of criminals under +age. Now, if an indeterminate sentence is a violation of the principles +of the classic school, I cannot understand why it can be admitted in the +case of minors, but not in the case of adults. This is evidently an +expedient imposed by the exigencies of practical life, and only the +positive school of criminology can meet them by a logical +systematization. For the rest, indefinite segregation, such as we +propose for the most dangerous atavistic criminals, is a measure which +is already in use for ordinary lunatics as well us for criminal +lunatics. But it may be said that this is an administrative measure, not +a court sentence. Well, if any one is so fond of formulas as to make +this objection, he may get all the fun out of them that he likes. But it +is a fact that an insane person who has committed a crime is sent to a +building with iron bars on its gates such as a prison has. You may call +it an administrative building or a penal institute, the name is +unessential, for the substance alone counts. We maintain that congenital +or pathological criminals cannot be locked up for a definite term in any +institution, but should remain there until they are adapted for the +normal life of society. + +This radical reform of principles carries with it a radical +transformation of details. Given an indeterminate segregation, there +should be organs of guardianship for persons so secluded, for instance +permanent committees for the periodical revision of sentences. In the +future, the criminal judge will always secure ample evidence to prove +whether a defendant is really guilty, for this is the fundamental point. +If it is certain that he has committed the crime, he should either be +excluded from social intercourse or sentenced to mate good the damage, +provided the criminal is not dangerous and the crime not grave. It is +absurd to sentence a man to five or six days imprisonment for some +insignificant misdemeanor. You lower him in the eyes of the public, +subject him to surveillance by the police, and send him to prison from +whence he will go out more corrupted than he was on entering it. It is +absurd to impose segregation in prison for small errors. Compensation +for injuries is enough. For the segregation of the graver criminals, the +management must be as scientific as it is now in insane asylums. It is +absurd to place an old pensioned soldier or a hardened bureaucrat at the +head of a penal institution. It is enough to visit one of those +compulsory human beehives and to see how a military discipline carries a +brutal hypocrisy into it. The management of such institutions must be +scientific, and the care of their inmates must be scientific, since a +grave crime is always a manifestation of the pathological condition of +the individual. In America there are already institutions, such as the +Elmira Reformatory, where the application of the methods of the positive +school of criminology has been solemnly promised. The director of the +institution is a psychologist, a physician. When a criminal under age is +brought in, he is studied from the point of view of physiology and +psychology. The treatment serves to regenerate the plants who, being +young, may still be straightened up. Scientific therapeutics can do +little for relapsed criminals. The present repression of crime robs the +prisoner of his personality and reduces him to a number, either in mass +imprisonment which corrupts him completely, or in solitary confinement, +which will turn him into a stupid or raving beast. + +These methods are also gradually introduced in the insane asylums. I +must tell you a little story to illustrate this. When I was a professor +in Pisa, eight years ago, I took my students to the penitentiaries and +the asylum for the criminal insane in Montelupo, as I always used to do. +Dr. Algieri, the director of this asylum, showed us among others a very +interesting case. This was a man of about 45, whose history was shortly +the following: He was a bricklayer living in one of the cities of +Toscana. He had been a normal and honest man, a very good father, until +one unlucky day came, in which a brick falling from a factory broke a +part of his skull. He fell down unconscious, was picked up, carried to +the hospital, and cured of his external injury, but lost both his +physical and moral health. He became an epileptic. + +And the lesion to which the loss of the normal function of his nervous +system was due transformed him from the docile and even-tempered man +that he had been into a quarrelsome and irritable individual, so that +he was less regular in his work, less moral and honest in his family +life, and was finally sentenced for a grave assault in a saloon brawl. +He was condemned as a common criminal to I don't know how many years of +imprisonment. But in prison, the exceptional conditions of seclusion +brought on a deterioration of his physical and moral health, his +epileptic fits became more frequent, his character grew worse. The +director of the prison sent him to the asylum for the insane criminals +at Montelupo, which shelters criminals suspected of insanity and insane +criminals. + +Dr. Algieri studied the interesting case and came to the diagnosis that +there was splinter of bone in the man's brain which had not been noticed +in the treatment at the hospital, and that this was the cause of the +epilepsy and demoralization of the prisoner. He trepanned a portion of +the skull around the old wound and actually found a bone splinter lodged +in the man's brain. He removed the splinter, and put a platinum plate +over the trepanned place to protect the brain. The man improved, the +epileptic fits ceased, his moral condition became as normal as before, +and this bricklayer (how about the free will?) was dismissed from the +asylum, for he had given proofs of normal behavior for about five or six +months, thanks to the wisdom of the doctor who had relieved him of the +lesion which had made him epileptic and immoral. If this asylum for +insane criminals had not been in existence, he would have ended in a +padded cell, the same as another man whom I and my students saw a few +years ago in the Ancona penitentiary. The director, an old soldier, said +to me: "Professor, I shall show you a type of human beast. He is a man +who passes four fifths of the year in a padded cell." After calling six +attendants, "because we must be careful," we went to the cell, and I +said to that director: "Please, leave this man to me. I have little +faith in the existence of human beasts. Keep the attendants at a +distance." "No," replied the director, "my responsibility does not +permit me to do that." + +But I insisted. The cell was opened, and the man came out of it really +like a wild beast with bulging eyes and distorted face. But I met him +with a smile and said to him kindly: "How are you?" This change of +treatment immediately changed the attitude of the man. He first had a +nervous fit and then broke into tears and told me his story with the +eloquence of suffering. He said that he had some days in which he was +not master of himself, but he recognized that he was good whenever the +attacks of temper were over. Without saying so, he thus invoked the +wisdom of human psychology for better treatment. There is indeed a +physician in those prisons, but he treats generally only the ordinary +diseases and is not familiar with special psychological knowledge. There +may be exceptions, and in that case it is a lucky coincidence. But the +prison doctor has also his practice outside and hurries through his +prison work. "They simulate sickness in order to get out of prison," he +says. And this will be so all the more that the physicians of our time +have not sufficient training in psychology to enable them to do justice +to the psychology of the criminal. + +You must, therefore, give a scientific management to these institutions, +and you will then render humane even the treatment of those grave and +dangerous criminals, whose condition cannot be met by a simple +compensation of the injury they have done to others. + +This is the function of repression as we look upon it, an inevitable +result of the positive data regarding the natural origin of crime. + +We believe, in other words, that repression will play but an unimportant +role in the future. We believe that every branch of legislation will +come to prefer the remedies of social hygiene to those symptomatic +remedies and apply them from day to day. And thus we come to the theory +of the prevention of crime. Some say: "it is better to repress than to +prevent." Others say: "It is better to prevent than to repress." In +order to solve this conflict we must remember that there are two widely +different kinds of repression. There is the immediate, direct empirical +repression, which does not investigate the cause of criminality, but +waits until the crime is about to be committed. That is police +prevention. There is on the other hand a social prevention which has an +indirect and more remote function, which does not wait until crime is +about to be committed, but locates the causes of crime in poverty, +abandoned children, trampdom, etc, and seeks to prevent these +conditions by remote and indirect means. In Italy, prevention is +anonymous with arrest. That is to say, by repression is understood only +police repression. Under these circumstances, it is well to take it for +granted that some of the expected crimes will be carried out, for crimes +are not committed at fixed periods after first informing the police. The +damage done by criminality, and especially by political and social +criminality, against which police repression is particularly directed, +will be smaller than that done by the abuse inseparably connected with +police power. In the case of atavistic criminality, prevention does not +mean handcuffing of the man who is about to commit a crime, but devising +such economic and educational measures in the family and administration +as will eliminate the causes of crime or attenuate them, precisely +because punishment is less effective than prevention. + +In other words, in order to prevent crime, we must have recourse to +measures which I have called "substitutes for punishment," and which +prevent, the development of crime, because they go to the source in +order to do away with effects. + +Bentham narrates that the postal service in England, in the 18th +century, was in the hands of stage drivers, but this service was not +connected with the carrying of passengers, as became the custom later. +And then it was impossible to get the drivers to arrive on time, +because they stopped too often at the inns. Fines were imposed, +imprisonment was resorted to, yet the drivers arrived late. The +penalties did not accomplish any results so long as the causes remained. +Then the idea was conceived to carry passengers on the postal stages, +and that stopped the drivers from being late, because whenever they made +a halt, the passengers, who had an interest in arriving on time, called +the drivers and did not give them much time to linger. This is an +illustration of a substitute for punishment. + +Another illustration. In the Middle Ages, up to the eve of our modern +civilization, piracy was in vogue. Is there anything that was not tried +to suppress piracy? The pirates were persecuted like wild beasts. +Whenever they were caught they were condemned to the most terrible forms +of death. Yet piracy continued. Then came the application of steam +navigation, and piracy disappeared as by magic. And robbery and +brigandage? They withstood the death penalty and extraordinary raids by +soldiers. And we witness today the spectacle of a not very serious +contest between the police who wants to catch a brigand, Musolino; and +a brigand who does not wish to be caught. + +Wherever the woods are not traversed by railroads or tramways, +brigandage carries on its criminal trade. But wherever railroads and +tramways exist, brigandage is a form of crime which disappears. You may +insist on death penalties and imprisonment, but assault and robbery will +continue, because it is connected with geographical conditions. Use on +the other hand the instrument of civilization, without sentencing any +one, and brigandage and robbery will disappear before its light. And if +human beings in large industrial centers are herded together in +tenements and slum hotels, how can a humane judge aggravate the +penalties against sexual crimes? How can the sense of shame develop +among people, when young and old of both sexes are crowded together in +the same bed, in the same corrupted and corrupting environment, which +robs the human soul of every noble spark? + +I might stray pretty far, if I were to continue these illustrations of +social hygiene which will be the true solution of the problem and the +supreme systematic, daily humane, and bloodless remedy against the +disease of criminality. However, we have not the simple faith that in +the near or far future of humanity crimes can ever be wholly eradicated. +Even Socialism, which looks forward to a fundamental transformation of +future society on the basis of brotherhood and social justice, cannot +elevate itself to the absolute and naive faith that criminality, +insanity, and suicide can ever fully disappear from the earth. But it is +our firm conviction that the endemic form of criminality, insanity, and +suicide will disappear, and that nothing will remain of them but rare +sporadic forms caused by lesion or telluric and other influences. + +Since we have made the great discovery that malaria, which weighs upon +so many parts in Italy, is dependent for its transmission on a certain +mosquito, we have acquired the control of malarial therapeutics and are +enabled to protect individuals and families effectively against malaria. +But aside from this function of protecting people, there must be a +social prevention, and since those malarial insects can live only in +swampy districts, it is necessary to bring to those unreclaimed lands +the blessing of the hoe and plow, in order to remove the cause and do +away with the effects. The same problem confronts us in criminology. In +the society of the future we shall undertake this work of social +hygiene, and thereby we shall remove the epidemic forms of criminality. +And nine-tenths of the crimes will then disappear, so that nothing will +remain of them but exceptional cases. There will remain, for instance, +such cases as that of the bricklayer which I mentioned, because there +may always be accidents, no matter what may be the form of social +organization, and nervous disorders may thus appear in certain +individuals. But you can see that these would be exceptional cases of +criminality, which will be easily cured under the direction of science, +that will be the supreme and beneficent manager of institutes for the +segregation of those who will be unfit for social intercourse. The +problem of criminality will thus be solved as far as possible, because +the gradual transformation of society will eliminate the swamps in which +the miasma of crime may form and breed. + +If we wish to apply these standards to an example which today attracts +the attention of all Italy to this noble city, if we desire to carry our +theories into the practice of contemporaneous life, if science is to +respond to the call of life, let us throw a glance at that form of +endemic criminality known as the Camorra in this city, which has taken +root here just as stabbing affrays have in certain centers of Turin, and +the Mafia in certain centers of Sicily. In the first place, we must not +be wilfully blind to facts and refuse to see that the citizens will +protect themselves, if social justice does not do so. And from that to +crime there is but a shot step. But which is the swampy soil in which +this social disease can spread and persist like leprosy in tin +collective organism? It is the economic poverty of the masses, which +lends to intellectual and moral poverty. + +You have lately had in Naples a very fortunate struggle, which seems to +have overcome one of the representatives of the high Camorra. But can we +believe that the courageous work of a few public writers has touched the +roots of the Camorra in this city? It would be self-deception to think +so. For we see that plants blossom out again, even after the most +destructive hurricane has passed over them. + +The healing of society is not so easy, that a collective plague may be +cured by the courageous acts of one or more individuals. The process is +much slower and more complicated. Nevertheless these episodes are +milestones of victory in the onward march of civilization, which will +paralyze the historical manifestations of social criminality. Here, +then, we have a city in which some hundred thousand people rise every +morning and do not know how to get a living, who have no fixed +occupation, because there is not enough industrial development to reach +that methodical application of labor which lifted humanity out of the +prehistoric forests. Truly, the human race progresses by two uplifting +energies: War and labor. + +In primitive and savage society, when the human personality did not know +the check of social discipline, a military discipline held the members +of the tribe together. But war, while useful in primitive society, loses +its usefulness more and more, because it carries within itself the +cancer that paralyzes it. + +While war compels collective groups to submit to the co-ordinating +discipline of human activity, it also decreases the respect for human +life. The soldier who kills his fellow man of a neighboring nation by a +stroke of his sword will easily lose the respect for the life of +members of his own social group. Then the second educational energy +interferes, the energy of labor, which makes itself felt at the decisive +moment of prehistoric development, when the human race passes from a +pastoral, hunting, and nomadic life Into an agriculture and settled +life. This is the historic stage, in which the collective ownership of +land and instruments of production is displaced by communal property, +family property, and finally individual property. During these stages, +humanity passes from individual and isolated labor in collective, +associated, co-ordinated labor. The remains of the neolithic epoch show +us the progress of the first workshops, in which our ancestors gathered +and fashioned their primitive tools and arms. They give us an idea of +associated and common labor, which then becomes the great uplifting +energy, because, unlike war, it does not carry within itself a disdain +or violation of the rights of others. Labor is the sole perennial energy +of mankind which leads to social perfection. But if you have 100,000 +persons in a city like Naples who do not enjoy the certainty and +discipline of employment at methodical and common labor, you need not +wonder that the uncertainty of daily life, an illfed stomach, and an +anemic brain, result in the atrophy of all moral sentiment, and that the +evil plant of the Camorra spreads out over everything. The processes in +the law courts may attract the fleeting attention of public opinion, of +legislation, of government, to the disease from which this portion of +the social organism is suffering, but mere repression will not +accomplish anything lasting. + +The teaching of science tells us plainly that in such a case of endemic +criminality social remedies must be applied to social evils. Unless the +remedy of social reforms accompanies the development and protection of +labor; unless justice is assured to every member of the collectivity, +the courage of this or that citizen is spent in vain, and the evil plant +will continue to thrive in the jungle. + +Taught by the masterly and inflexible logic of facts, we come to the +adoption of the scientific method in criminal research and conclude that +a simple and uniform remedy like punishment is not adequate to cure such +a natural and social phenomenon as crime, which has its own natural and +social causes. The measures for the preservation of society against +criminality must be manifold, complex and varied, and must be the +outcome of persevering and systematic work on the part of legislators +and citizens on the solid foundation of a systematic collective economy. + +Let me take leave of you with this practical conclusion, and give my +heart freedom to send to my brain a wave of fervent blood, which shall +express my enduring gratitude for the reception which you have given me. +Old in years, but young in spirit and energetic aspiration to every high +ideal, I tender you my sincere thanks. As a man and a citizen, I thank +you, because these three lectures have been for me a fountain of youth, +of faith, of enthusiasm. Thanks to them I return to the other fields of +my daily occupation with a greater faith in the future of my country and +of humanity. To you, young Italy, I address these words of thanks, glad +and honored, if my words have aroused in your soul one breath which will +make you stronger and more confident in the future of civilization and +social justice. + + + + + +End of Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +*** END OF THE PROJECT GUTENBERG EBOOK 10580 *** diff --git a/10580-h/10580-h.htm b/10580-h/10580-h.htm new file mode 100644 index 0000000..27aad99 --- /dev/null +++ b/10580-h/10580-h.htm @@ -0,0 +1,2386 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> +<meta HTTP-EQUIV="content-Type" CONTENT="text/html; charset=UTF-8"> +<title>The Project Gutenberg eBook of + The Positive School of Criminology, + by Enrico Ferri. +</title> +<style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + CENTER { padding: 10px;} + // --> +</style> +</head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 10580 ***</div> + +<center> + <h1 align="center"> + The Positive School of Criminology +</h1> + <h2 align="center"><em>Three Lectures</em></h2> + <h2 align="center"><em>Given at the University of Naples, Italy on April 22, 23 and 24, 1901 </em></h2> + <h2 align="center"> </h2> + <h2 align="center"><b>By Enrico Ferri</b></h2> + <h2 align="center">Translated by Ernest Untermann</h2> +</center> +<center><div align="center"> + Chicago +</div> +<div align="center"> + Charles H. Kerr & Company +1908 +</div></center> +<a name="2H_4_1"><!-- H2 anchor --></a> +<p> </p> +<h2> + I. +</h2> +<p> + My Friends: +</p> +<p> + When, in the turmoil of my daily occupation, I received an invitation, + several months ago, from several hundred students of this famous + university, to give them a brief summary, in short special lectures, of + the principal and fundamental conclusions of criminal sociology, I + gladly accepted, because this invitation fell in with two ideals of + mine. These two ideals are stirring my heart and are the secret of my + life. In the first place, this invitation chimed with the ideal of my + personal life, namely, to diffuse and propagate among my brothers the + scientific ideas, which my brain has accumulated, not through any merit + of mine, but thanks to the lucky prize inherited from my mother in the + lottery of life. And the second ideal which this invitation called up + before my mind's vision was this: The ideal of young people of Italy, + united in morals and intellectual pursuits, feeling in their social + lives the glow of a great aim. It would matter little whether this aim + would agree with my own ideas or be opposed to them, so long as it + should be an ideal which would lift the aspirations of the young people + out of the fatal grasp of egoistic interests. Of course, we positivists + know very well, that the material requirements of life shape and + determine also the moral and intellectual aims of human consciousness. + But positive science declares the following to be the indispensable + requirement for the regeneration of human ideals: Without an ideal, + neither an individual nor a collectivity can live, without it humanity + is dead or dying. For it is the fire of an ideal which renders the life + of each one of us possible, useful and fertile. And only by its help can + each one of us, in the more or less short course of his or her + existence, leave behind traces for the benefit of fellow-beings. The + invitation extended to me proves that the students of Naples believe in + the inspiring existence of such an ideal of science, and are anxious to + learn more about ideas, with which the entire world of the present day + is occupied, and whose life-giving breath enters even through the + windows of the dry courtrooms, when their doors are closed against it. +</p> +<hr> +<p> + Let us now speak of this new science, which has become known in Italy by + the name of the Positive School of Criminology. This science, the same + as every other phenomenon of scientific evolution, cannot be + shortsightedly or conceitedly attributed to the arbitrary initiative of + this or that thinker, this or that scientist. We must rather regard it + as a natural product, a necessary phenomenon, in the development of that + sad and somber department of science which deals with the disease of + crime. It is this plague of crime which forms such a gloomy and painful + contrast with the splendor of present-day civilization. The 19th century + has won a great victory over mortality and infectious diseases by means + of the masterful progress of physiology and natural science. But while + contagious diseases have gradually diminished, we see on the other hand + that moral diseases are growing more numerous in our so-called + civilization. While typhoid fever, smallpox, cholera and diphtheria + retreated before the remedies which enlightened science applied by means + of the experimental method, removing their concrete causes, we see on + the other hand that insanity, suicide and crime, that painful trinity, + are growing apace. And this makes it very evident that the science which + is principally, if not exclusively, engaged in studying these phenomena + of social disease, should feel the necessity of finding a more exact + diagnosis of these moral diseases of society, in order to arrive at some + effective and more humane remedy, which should more victoriously combat + this somber trinity of insanity, suicide and crime. +</p> +<p> + The science of positive criminology arose in the last quarter of the + 19th century, as a result of this strange contrast, which would be + inexplicable, if we could not discover historical and scientific reasons + for its existence. And it is indeed a strange contrast that Italy should + have arrived at a perfect theoretical development of a classical school + of criminology, while there persists, on the other hand, the disgraceful + condition that criminality assumes dimensions never before observed in + this country, so that the science of criminology cannot stem the tide of + crime in high and low circles. It is for this reason, that the positive + school of criminology arises out of the very nature of things, the same + as every other line of science. It is based on the conditions of our + daily life. It would indeed be conceited on our part to claim that we, + who are the originators of this new science and its new conclusions, + deserve alone the credit for its existence. The brain of the scientist + is rather a sort of electrical accumulator, which feels and assimilates + the vibrations and heart-beats of life, its splendor and its shame, and + derives therefrom the conviction that it must of necessity provide for + definite social wants. And on the other hand, it would be an evidence of + intellectual short-sightedness on the part of the positivist man of + science, if he did not recognize the historical accomplishments, which + his predecessors on the field of science have left behind as indelible + traces of their struggle against the unknown in that brilliant and + irksome domain. For this reason, the adherents of the positive school of + criminology feel the most sincere reverence for the classic school of + criminology. And I am glad today, in accepting the invitation of the + students of Naples, to say, that this is another reason why their + invitation was welcome to me. It is now 16 years since I gave in this + same hall a lecture on positive criminology, which was then in its + initial stages. It was in 1885, when I had the opportunity to outline + the first principles of the positive school of criminology, at the + invitation of other students, who preceded you on the periodic waves of + the intellectual generations. And the renewal of this opportunity gave + me so much moral satisfaction that, I could not under any circumstances + decline your invitation. Then too, the Neapolitan Atheneum has + maintained the reputation of the Italian mind in the 19th century, also + in that science which even foreign scientists admit to be our specialty, + namely the science of criminology. In fact, aside from the two terrible + books of the Digest, and from the practical criminologists of the Middle + Ages who continued the study of criminality, the modern world opened a + glorious page in the progress of criminal science with the modest little + book of Cesare Beccaria. This progress leads from Cesare Beccaria, by + way of Francesco Carrara, to Enrico Pessina. +</p> +<p> + Enrico Pessina alone remains of the two giants who concluded the cycle + of classic school of criminology. In a lucid moment of his scientific + consciousness, which soon reverted to the old abstract and metaphysical + theories, he announced in an introductory statement in 1879, that + criminal justice would have to rejuvenate itself in the pure bath of the + natural sciences and substitute in place of abstraction the living and + concrete study of facts. Naturally every scientist has his function and + historical significance; and we cannot expect that a brain which has + arrived at the end of its career should turn towards a new direction. At + any rate, it is a significant fact that this most renowned + representative of the classic school of criminology should have pointed + out this need of his special science in this same university of Naples, + one year after the inauguration of the positive school of criminology, + that he should have looked forward to a time when the study of natural + and positive facts would set to rights the old juridical abstractions. + And there is still another precedent in the history of this university, + which makes scientific propaganda at this place very agreeable for a + positivist. It is that six years before that introductory statement by + Pessina, Giovanni Bovio gave lectures at this university, which he + published later on under the title of "A Critical Study of Criminal + Law." Giovanni Bovio performed in this monograph the function of a + critic, but the historical time of his thought, prevented him from + taking part in the construction of a new science. However, he prepared + the ground for new ideas, by pointing out all the rifts and weaknesses + of the old building. Bovio maintained that which Gioberti, Ellero, + Conforti, Tissol had already maintained, namely that it is impossible to + solve the problem which is still the theoretical foundation of the + classic school of criminology, the problem of the relation between + punishment and crime. No man, no scientist, no legislator, no judge, has + ever been able to indicate any absolute standard, which would enable us + to say that equity demands a definite punishment for a definite crime. + We can find some opportunistic expedient, but not a solution of the + problem. Of course, if we could decide which is the gravest crime, then + we could also decide on the heaviest sentence and formulate a descending + scale which would establish the relative fitting proportions between + crime and punishment. If it is agreed that patricide is the gravest + crime, we meet out the heaviest sentence, death or imprisonment for + life, and then we can agree on a descending scale of crime and on a + parallel scale of punishments. But the problem begins right with the + first stone of the structure, not with the succeeding steps. Which is + the greatest penalty proportional to the crime of patricide? Neither + science, nor legislation, nor moral consciousness, can offer an absolute + standard. Some say: The greatest penalty is death. Others say: No, + imprisonment for life. Still others say: Neither death, nor imprisonment + for life, but only imprisonment for a time. And if imprisonment for a + time is to be the highest penalty, how many years shall it last + —thirty, or twenty-five, or ten? +</p> +<p> + No man can set up any absolute standard in this matter. Giovanni Bovio + thus arrived at the conclusion that this internal contradiction in the + science of criminology was the inevitable fate of human justice, and + that this justice, struggling in the grasp of this internal + contradiction, must turn to the civil law and ask for help in its + weakness. The same thought had already been illumined by a ray from the + bright mind of Filangieri, who died all too soon. And we can derive from + this fact the historical rule that the most barbarian conditions of + humanity show a prevalence of a criminal code which punishes without + healing; and that the gradual progress of civilization will give rise + to the opposite conception of healing without punishing. +</p> +<p> + Thus it happens that this university of Naples, in which the illustrious + representative of the classic school of criminology realized the + necessity of its regeneration, and in which Bovio foresaw its sterility, + has younger teachers now who keep alive the fire of the positivist + tendency in criminal science, such as Penta, Zuccarelli, and others, + whom you know. Nevertheless I feel that this faculty of jurisprudence + still lacks oxygen in the study of criminal law, because its thought is + still influenced by the overwhelming authority of the name of Enrico + Pessina. And it is easy to understand that there, where the majestic + tree spreads out its branches towards the blue vault, the young plant + feels deprived of light and air, while it might have grown strong and + beautiful in another place. +</p> +<p> + The positive school of criminology, then, was born in our own Italy + through the singular attraction of the Italian mind toward the study of + criminology; and its birth is also due to the peculiar condition our + country with its great and strange contrast between the theoretical + doctrines and the painful fact of an ever increasing criminality. +</p> +<p> + The positive school of criminology was inaugurate by the work of Cesare + Lombroso, in 1872. From 1872 to 1876 he opened a new way for the study + of criminality by demonstrating in his own person that we must first + understand the criminal who offends, before we can study and understand + his crime. Lombroso studied the prisoners in the various penitentiaries + of Italy from the point of view of anthropology. And he compiled his + studies in the reports of the Lombardian Institute of Science and + Literature, and published them later together in his work "Criminal + Man." The first edition of this work (1876) remained almost unnoticed, + either because its scientific material was meager, or because Cesare + Lombroso had not yet drawn any general scientific conclusions, which + could have attracted the attention of the world of science and law. But + simultaneously with its second edition (1878) there appeared two + monographs, which constituted the embryo of the new school, + supplementing the anthropological studies of Lombroso with conclusions + and systematizations from the point of view of sociology and law. + Raffaele Garofalo published in the Neapolitan Journal of Philosophy and + Literature an essay on criminality, in which he declared that the + dangerousness of the criminal was the criterion by which society should + measure the function of its defense against the disease of crime. And in + the same year, 1878, I took occasion to publish a monograph on the + denial of free will and personal responsibility, in which I declared + frankly that from now on the science of crime and punishment must look + for the fundamental facts of a science of social defense against crime + in the human and social life itself. The simultaneous publication of + these three monographs caused a stir. The teachers of classic + criminology, who had taken kindly to the recommendations of Pessina and + Ellero, urging them to study the natural sources of crime, met the new + ideas with contempt, when the new methods made a determined and radical + departure, and became not only the critics, but the zealous opponents of + the new theories. And this is easy to understand. For the struggle for + existence is an irresistible law of nature, as well for the thousands of + germs scattered to the winds by the oak, as for the ideas which grow in + the brain of man. But persecutions, calumnies, criticisms, and + opposition are powerless against an idea, if it carries within itself + the germ of truth. Moreover, we should look upon this phenomenon of a + repugnance in the average intellect (whether of the ordinary man or the + scientist) for all new ideas as a natural function. For when the brain + of some man has felt the light of a new idea, a sneering criticism + serves us a touchstone for it. If the idea is wrong, it will fall by the + wayside; if it is right, then criticisms, opposition and persecution + will cull the golden kernel from the unsightly shell, and the idea will + march victoriously over everything and everybody. It is so in all walks + of life—in art, in politics, in science. Every new idea will rouse + against itself naturally and inevitably the opposition of the accustomed + thoughts. This is so true, that when Cesare Beccaria opened the great + historic cycle of the classic school of criminology, he was assaulted by + the critics of his time with the same indictments which were brought + against us a century later. +</p> +<p> + When Cesare Beccaria printed his book on crime and penalties in 1774 + under a false date and place of publication, reflecting the aspirations + which gave rise to the impending hurricane of the French revolution; + when he hurled himself against all that was barbarian in the mediaeval + laws and set loose a storm of enthusiasm among the encyclopedists, and + even some of the members of government, in France, he was met by a wave + of opposition, calumny and accusation on the part of the majority of + jurists, judges and lights of philosophy. The abbi Jachinci published + four volumes against Beccaria, calling him the destroyer of justice and + morality, simply because he had combatted the tortures and the death + penalty. +</p> +<p> + The tortures, which we incorrectly ascribe to the mental brutality of + the judges of those times, were but a logical consequence of the + contemporaneous theories. It was felt that in order to condemn a man, + one must have the certainty of his guilty, and it was said that the best + means of obtaining tins certainty, the queen of proofs, was the + confession of the criminal. And if the criminal denied his guilt, it was + necessary to have recourse to torture, in order to force him to a + confession which he withheld from fear of the penalty. The torture + soothed, so to say, the conscience of the judge, who was free to condemn + as soon as he had obtained a confession. Cesare Beccaria rose with + others against the torture. Thereupon the judges and jurists protested + that penal justice would be impossible, because it could not get any + information, since a man suspected of a crime would not confess his + guilt voluntarily. Hence they accused Beccaria of being the protector of + robbers and murderers, because he wanted to abolish the only means of + compelling them to a confession, the torture. But Cesare Beccaria had on + his side the magic power of truth. He was truly the electric accumulator + of his time, who gathered from its atmosphere the presage of the coming + revolution, the stirring of the human conscience. You can find a similar + illustration in the works of Daquin in Savoy, of Pinel in France, and of + Hach Take in England, who strove to bring about a revolution in the + treatment of the insane. This episode interests us especially, because + it is a perfect illustration of the way traveled by the positive school + of criminology. The insane were likewise considered to blame for their + insanity. At the dawn of the 19th century, the physician Hernroth still + wrote that insanity was a moral sin of the insane, because "no one + becomes insane, unless he forsakes the straight path of virtue and of + the fear of the Lord." +</p> +<p> + And on this assumption the insane were locked up in horrible dungeons, + loaded down with chains, tortured and beaten, for lo! their insanity was + their own fault. +</p> +<p> + At that period, Pinel advanced the revolutionary idea that insanity was + not a sin, but a disease like all other diseases. This idea is now a + commonplace, but in his time it revolutionized the world. It seemed as + though this innovation inaugurated by Pinel would overthrow the world + and the foundations of society. Well, two years before the storming of + the Bastile Pinel walked into the sanitarium of the Salpetriere and + committed the brave act of freeing the insane of the chains that weighed + them down. He demonstrated in practice that the insane, when freed of + their chains, became quieter, instead of creating wild disorder and + destruction. This great revolution of Pinel, Chiarugi, and others, + changed the attitude of the public mind toward the insane. While + formerly insanity had been regarded as a moral sin, the public + conscience, thanks to the enlightening work of science, henceforth had + to adapt itself to the truth that insanity is a disease like all + others, that a man does not become insane because he wants to, but that + he becomes insane through hereditary transmission and the influence of + the environment in which he lives, being predisposed toward insanity and + becoming insane under the pressure of circumstances. +</p> +<p> + The positive school of criminology accomplished the same revolution in + the views concerning the treatment of criminals that the above named men + of science accomplished for the treatment of the insane. The general + opinion of classic criminalists and of the people at large is that crime + involves a moral guilt, because it is due to the free will of the + individual who leaves the path of virtue and chooses the path of crime, + and therefore it must be suppressed by meeting it with a proportionate + quantity of punishment. This is to this day the current conception of + crime. And the illusion of a free human will (the only miraculous factor + in the eternal ocean of cause and effect) leads to the assumption that + one can choose freely between virtue and vice. How can you still believe + in the existence of a free will, when modern psychology armed with all + the instruments of positive modern research, denies that there is any + free will and demonstrates that every act of a human being is the + result of an interaction between the personality and the environment of + man? +</p> +<p> + And how is it possible to cling to that obsolete idea of moral guilt, + according to which every individual is supposed to have the free choice + to abandon virtue and give himself up to crime? The positive school of + criminology maintains, on the contrary, that it is not the criminal who + wills; in order to be a criminal it is rather necessary that the + individual should find himself permanently or transitorily in such + personal, physical and moral conditions, and live in such an + environment, which become for him a chain of cause and effect, + externally and internally, that disposes him toward crime. This is our + conclusion, which I anticipate, and it constitutes the vastly different + and opposite method, which the positive school of criminology employs as + compared to the leading principle of the classic school of criminal + science. +</p> +<p> + In this method, this essential principle of the positive school of + criminology, you will find another reason for the seemingly slow advance + of this school. That is very natural. If you consider the great reform + carried by the ideas of Cesare Beccaria into the criminal justice of + the Middle Age, you will see that the great classic school represents + but a small step forward, because it leaves the penal justice on the + same theoretical and practical basis which it had in the Middle Age and + in classic antiquity, that is to say, based on the idea of a moral + responsibility of the individual. For Beccaria, for Carrara, for their + predecessors, this idea is no more nor less than that mentioned in books + 47 and 48 of the Digest: "The criminal is liable to punishment to the + extent that he is morally guilty of the crime he has committed." The + entire classic school is, therefore, nothing but a series of reforms. + Capital punishment has been abolished in some countries, likewise + torture, confiscation, corporal punishment. But nevertheless the immense + scientific movement of the classic school has remained a mere reform. +</p> +<p> + It has continued in the 19th century to look upon crime in the same way + that the Middle Age did: "Whoever commits murder or theft, is alone the + absolute arbiter to decide whether he wants to commit the crime or not." + This remains the foundation of the classic school of criminology. This + explains why it could travel on its way more rapidly than the positive + school of criminology. And yet, it took half a century from the time of + Beccaria, before the penal codes showed signs of the reformatory + influence of the classic school of criminology. So that it has also + taken quite a long time to establish it so well that it became accepted + by general consent, as it is today. The positive school of criminology + was born in 1878, and although it does not stand for a mere reform of + the methods of criminal justice, but for a complete and fundamental + transformation of criminal justice itself, it has already gone quite a + distance and made considerable conquests which begin to show in our + country. It is a fact that the penal code now in force in this country + represents a compromise, so far as the theory of personal responsibility + is concerned, between the old theory of free will and the conclusions of + the positive school which denies this free will. +</p> +<p> + You can find an illustration of this in the eloquent contortions of + phantastic logic in the essays on the criminal code written by a great + advocate of the classic school of criminology, Mario Pagano, this + admirable type of a scientist and patriot, who does not lock himself up + in the quiet egoism of his study, but feels the ideal of his time + stirring within him and gives up his life to it. He has written three + lines of a simple nudity that reveals much, in which he says: "A man is + responsible for the crimes which he commits; if, in committing a crime, + his will is half free, he is responsible to the extent of one-half; if + one-third, he is responsible one-third." There you have the + uncompromising and absolute classic theorem. But in the penal code of + 1890, you will find that the famous article 45 intends to base the + responsibility for a crime on the simple will, to the exclusion of the + free will. However, the Italian judge has continued to base the exercise + of penal justice on the supposed existence of the free will, and + pretends not to know that the number of scientists denying the free will + is growing. Now, how is it possible that so terrible an office as that + of sentencing criminals retains its stability or vacillates, according + to whether the first who denies the existence of a free will deprives + this function of its foundation? +</p> +<p> + Truly, it is said that this question has been too difficult for the new + Italian penal code. And, for this reason, it was thought best to base + the responsibility for a crime on the idea that a man is guilty simply + for the reason that he wanted to commit the crime; and that he is not + responsible if he did not want to commit it. But this is an eclectic way + out of the difficulty, which settles nothing, for in the same code we + have the rule that involuntary criminals are also punished, so that + involuntary killing and wounding are punished with imprisonment the same + as voluntary deeds of this kind. We have heard it said in such cases + that the result may not have been intended, but the action bringing it + about was. If a hunter shoots through a hedge and kills or wounds a + person, he did not intend to kill, and yet he is held responsible + because his first act, the shooting, was voluntary. +</p> +<p> + That statement applies to involuntary crimes, which are committed by + some positive act. But what about involuntary crimes of omission? In a + railway station, where the movements of trains represent the daily whirl + of traffic in men, things, and ideas, every switch is a delicate + instrument which may cause a derailment. The railway management places a + switchman on duty at this delicate post. But in a moment of fatigue, or + because he had to work inhumanly long hours of work, which exhausted all + his nervous elasticity, or for other reasons, the switchman forgets to + set the switch and causes a railroad accident, in which people are + killed and wounded. Can it be said that he intended the first act? + Assuredly not, for he did not intend anything and did not do anything. + The hunter who fires a shot has at least had the intention of shooting. + But the switchman did not want to forget (for in that case he would be + indirectly to blame); he has simply forgotten from sheer fatigue to do + his duty; he has had no intention whatever, and yet you hold him + responsible in spite of all that! The fundamental logic of your + reasoning in this case corresponds to the logic of the things. Does it + not happen every day in the administration of justice that the judges + forget about the neutral expedient of the legislator who devised this + relative progress of the penal code, which pretends to base the + responsibility of a man on the neutral and naive criterion of a will + without freedom of will? Do they not follow their old mental habits in + the administration of justice and apply the obsolete criterion of the + free will, which the legislator thought fit to abandon? We see, then, + as a result of this imperfect and insincere innovation in penal + legislation this flagrant contradiction, that the magistrates assume the + existence of a free will, while the legislator has decided that it shall + not be assumed. Now, in science as well as in legislation, we should + follow a direct and logical line, such as that of the classic school or + the positive school of criminology. But whoever thinks he has solved a + problem when he gives us a solution which is neither fish nor fowl, + comes to the most absurd and iniquitous conclusions. You see what + happens every day. If to-morrow some beastly and incomprehensible crime + is committed, the conscience of the judge is troubled by this question: + Was the person who committed this crime morally free to act or not? He + may also invoke the help of legislation, and he may take refuge in + article 46,[<a href="#fA">A</a>] or in that compromise of article 47,[<a href="#fB">B</a>] which admits + a responsibility of one-half or one-third, and he would decide on a + penalty of one-half or one-third. +</p> +<p> + All this may take place in the case of a grave and strange crime. And on + the other hand, go to the municipal courts or to the police courts, + where the magic lantern of justice throws its rays upon the nameless + human beings who have stolen a bundle of wood in a hard winter, or who + have slapped some one in the face during a brawl in a + saloon. And if they should find a defending lawyer who would demand the + appointment of a medical expert, watch the reception he would get from + the judge. When justice is surprised by a beastly and strange crime, it + feels the entire foundation of its premises shaking, it halts for a + moment, it calls in the help of legal medicine, and reflects before it + sentences. But in the case of those poor nameless creatures, justice + does not stop to consider whether that microbe in the criminal world who + steals under the influence of hereditary or acquired degeneration, or in + the delirium of chronic hunger, is not worthy of more pity. It rather + replies with a mephistophelian grin when he begs for a humane + understanding of his case. +</p> +<p> + [<a name="fA">A</a>] Article 46: "A person is not subject to punishment, if at the moment + of his deed he was in a mental condition which deprived him of + consciousness or of the freedom of action. But if the judge considers it + dangerous to acquit the prisoner, he has to transfer him to the care of + the proper authorities, who will take the necessary precautions." +</p> +<p> + [<a name="fB">B</a>] Article 47: "If the mental condition mentioned in the foregoing + article was such as to considerably decrease the responsibility, without + eliminating it entirely, the penalty fixed upon the crime committed is + reduced according to the following rules: +</p> +<p> + "I. In place of penitentiary, imprisonment for not less than six years. +</p> +<p> + "II. In place of the permanent loss of civic rights, a loss of these + rights for a stipulated time. +</p> +<p> + "III. Whenever it is a question of a penalty of more than twelve years, + it is reduced to from three to ten years; if of more than six years, but + not more than twelve, it is reduced to from one to five years; in other + cases, the reduction is to be one-half of the ordinary penalty. +</p> +<p> + "IV. A fine is reduced to one-half. +</p> +<p> + "V. If the penalty would be a restriction of personal liberty, the judge + may order the prisoner to a workhouse, until the proper authorities + object, when the remainder of the sentence is carried out in the usual + manner." +</p> +<p> + It is true that there is now and then in those halls of justice, which + remain all too frequently closed to the living wave of public sentiment, + some more intelligent and serene judge who is touched by this painful + understanding of the actual human life. Then he may, under the illogical + conditions of penal justice, with its compromise between the exactness + of the classic and that of the positive school of criminology, seek for + some expedient which may restore him to equanimity. +</p> +<p> + In 1832, France introduced a penal innovation, which seemed to represent + an advance on the field of justice, but which is in reality a denial of + justice: The expedient of <i>extenuating circumstances</i>. The judge does + not ask for the advice of the court physician in the case of some + forlorn criminal, but condemns him without a word of rebuke to society + for its complicity. But in order to assuage his own conscience he grants + him extenuating circumstances, which seem a concession of justice, but + are, in reality, a denial of justice. For you either believe that a man + is responsible for his crime, and in that case the concession of + extenuating circumstances is a hypocrisy; or you grant them in good + faith, and then you admit that the man was in circumstances which + reduced his moral responsibility, and thereby the extenuating + circumstances become a denial of justice. For if your conviction + concerning such circumstances were sincere, you would go to the bottom + of them and examine with the light of your understanding all those + innumerable conditions which contribute toward those extenuating + circumstances. But what are those extenuating circumstances? Family + conditions? Take it that a child is left alone by its parents, who are + swallowed up in the whirl of modern industry, which overthrows the laws + of nature and forbids the necessary rest, because steam engines do not + get tired and day work must be followed by night work, so that the + setting of the sun is no longer the signal for the laborer to rest, but + to begin a new shift of work. Take it that this applies not alone to + adults, but also to human beings in the growing stage, whose muscular + power may yield some profit for the capitalists. Take it that even the + mother, during the period of sacred maternity, becomes a cog in the + machinery of industry. And you will understand that the child must grow + up, left to its own resources, in the filth of life, and that its + history will be inscribed in criminal statistics, which are the shame of + our so-called civilization. +</p> +<p> + Of course, in this first lecture I cannot give you even a glimpse of the + positive results of that modern science which has studied the criminal + and his environment instead of his crimes. And I must, therefore, limit + myself to a few hints concerning the historical origin of the positive + school of criminology. I ought to tell you something concerning the + question of free will. But you will understand that such a momentous + question, which is worthy of a deep study of the many-sided physical, + moral, intellectual life, cannot be summed up in a few short words. I + can only say that the tendency of modern natural sciences, in physiology + as well as psychology, has overruled the illusions of those who would + fain persist in watching psychological phenomena merely within + themselves and think that they can understand them without any other + means. On the contrary, positive science, backed by the testimony of + anthropology and of the study of the environment, has arrived at the + following conclusions: The admission of a free will is out of the + question. For if the free will is but an illusion of our internal being, + it is not a real faculty possessed by the human mind. Free will would + imply that the human will, confronted by the choice of making + voluntarily a certain determination, has the last decisive word under + the pressure of circumstances contending for and against this decision; + that it is free to decide for or against a certain course independently + of internal and external circumstances, which play upon it, according to + the laws of cause and effect. +</p> +<p> + Take it that a man has insulted me. I leave the place in which I have + been insulted, and with me goes the suggestion of forgiveness or of + murder and vengeance. And then it is assumed that a man has his complete + free will, unless he is influenced by circumstances explicitly + enumerated by the law, such as minority, congenital deaf-muteness, + insanity, habitual drunkenness and, to a certain extent, violent + passion. If a man is not in a condition mentioned in this list, he is + considered in possession of his free will, and if he murders he is held + morally responsible and therefore punished. +</p> +<p> + This illusion of a free will has its source in our inner consciousness, + and is due solely to the ignorance in which we find ourselves concerning + the various motives and different external and internal conditions which + press upon our mind at the moment of decision. +</p> +<p> + If a man knows the principal causes which determine a certain + phenomenon, he says that this phenomenon is inevitable. If he does not + know them, he considers it as an accident, and this corresponds in the + physical field to the arbitrary phenomenon of the human will which does + not know whether it shall decide this way or that. For instance, some of + us were of the opinion, and many still are, that the coming and going of + meteorological phenomena was accidental and could not he foreseen. But + in the meantime, science has demonstrated that they are likewise subject + to the law of causality, because it discovered the causes which enable + us to foresee their course. Thus weather prognosis has made wonderful + progress by the help of a network of telegraphically connected + meteorological stations, which succeeded in demonstrating the connection + between cause and effect in the case of hurricanes, as well as of any + other physical phenomenon. It is evident that the idea of accident, + applied to physical nature, is unscientific. Every physical phenomenon + is the necessary effect of the causes that determined it beforehand. If + those causes are known to us, we have the conviction that that + phenomenon is necessary, is fate, and, if we do not know them, we think + it is accidental. The same is true of human phenomena. But since we do + not know the internal and external causes in the majority of cases, we + pretend that they are free phenomena, that is to say, that they are not + determined necessarily by their causes. Hence the spiritualistic + conception of the free will implies that every human being, in spite of + the fact that their internal and external conditions are necessarily + predetermined, should be able to come to a deliberate decision by the + mere fiat of his or her free will, so that, even though the sum of all + the causes demands a no, he or she can decide in favor of yes, and vice + versa. Now, who is there that thinks, when deliberating some action, + what are the causes that determine his choice? We can justly say that + the greater part of our actions are determined by habit, that we make up + our minds almost from custom, without considering the reason for or + against. When we get up in the morning we go about our customary + business quite automatically, we perform it as a function in which we do + not think of a free will. We think of that only in unusual and grave + cases, when we are called upon to make some special choice, the + so-called voluntary deliberation, and then we weigh the reasons for or + against; we ponder, we hesitate what to do. Well, even in such cases, so + little depends on our will in the deliberations which we are about to + take that if any one were to ask us one minute before we have decided + what we are going to do, we should not know what we were going to + decide. So long as we are undecided, we cannot foresee what we are going + to decide; for under the conditions in which we live that part of the + psychic process takes place outside of our consciousness. And since we + do not know its causes, we cannot tell what will be its effects. Only + after we have come to a certain decision can we imagine that it was due + to our voluntary action. But shortly before we could not tell, and that + proves that it did not depend on us alone. Suppose, for instance, that + you have decided to play a joke on a fellow-student, and that you carry + it out. He takes it unkindly. You are surprised, because that is + contrary to his habits and your expectations. But after a while you + learn that your friend had received bad news from home on the preceding + morning and was therefore not in a condition to feel like joking, and + then you say: "If we had known that we should not have decided to spring + the joke on him." That is equivalent to saying that, if the balance of + your will had been inclined toward the deciding motive of no, you would + have decided no; but not knowing that your friend was distressed and not + in his habitual frame of mind, you decided in favor of yes. This + sentence: "If I had known this I should not have done that" is an outcry + of our internal consciousness, which denies the existence of a free + will. +</p> +<p> + On the other hand, nothing is created and nothing destroyed either in + matter or in force, because both matter and force are eternal and + indestructible. They transform themselves in the most diversified + manner, but not an atom is added or taken away, not one vibration more + or less takes place. And so if is the force of external and internal + circumstances which determines the decision of our will at any given + moment. The idea of a free will, however, is a denial of the law of + cause and effect, both in the field of philosophy and theology. Saint + Augustine and Martin Luther furnish irrefutable theological arguments + for the denial of a free will. The omnipotence of God is irreconcilable + with the idea of free will. If everything that happens does so because a + superhuman and omnipotent power wants it <i>(Not a single leaf falls to + the ground without the will of God)</i>, how can a son murder his father + without the permission and will of God? For this reason Saint Augustine + and Martin Luther have written <i>de servo arbitrio</i>. +</p> +<p> + But since theological arguments serve only those who believe in the + concept of a god, which is not given to us by science, we take recourse + to the laws which we observe in force and matter, and to the law of + causality. If modern science has discovered the universal link which + connects all phenomena through cause and effect, which shows that every + phenomenon is the result of causes which have preceded it; if this is + the law of causality, which is at the very bottom of modern scientific + thought, then it is evident that the admission of free thought is + equivalent to an overthrow of this law, according to which every effect + is proportionate to its cause. In that case, this law, which reigns + supreme in the entire universe, would dissolve itself into naught at + the feet of the human being, who would create effects with his free will + not corresponding to their causes! It was all right to think so at a + time when people had an entirely different idea of human beings. But the + work of modern science, and its effect on practical life, has resulted + in tracing the relations of each one of us with the world and with our + fellow beings. And the influence of science may be seen in the + elimination of great illusions which in former centuries swayed this or + that part of civilized humanity. The scientific thought of Copernicus + and Galilei did away with the illusions which led people to believe that + the earth was the center of the universe and of creation. +</p> +<p> + Take Cicero's book <i>de Officims</i>, or the <i>Divina Commedia</i> of Dante, and + you will find that to them the earth is the center of creation, that the + infinite stars circle around it, and that man is the king of animals: a + geocentric and anthropocentric illusion inspired by immeasurable + conceit. But Copernicus and Galilei came and demonstrated that the earth + does not stand still, but that it is a grain of cosmic matter hurled + into blue infinity and rotating since time unknown around its central + body, the sun, which originated from an immense primitive nebula. + Galilei was subjected to tortures by those who realized that this new + theory struck down many a religious legend and many a moral creed. But + Galilei had spoken the truth, and nowadays humanity no longer indulges + in the illusion that the earth is the center of creation. +</p> +<p> + But men live on illusions and give way but reluctantly to the progress + of science, in order to devote themselves arduously to the ideal of the + new truths which rise out of the essence of things of which mankind is a + part. After the geocentric illusion had been destroyed, the + anthropocentric illusion still remained. On earth, man was still + supposed to be king of creation, the center of terrestrial life. All + Species of animals, plants and minerals were supposed to be created + expressly for him, and to have had from time immemorial the forms which + we see now, so that the fauna and flora living on our planet have always + been what they are today. And Cicero, for instance, said that the + heavens were placed around the earth and man in order that he might + admire the beauty of the starry firmament at night, and that animals + and plants were created for his use and pleasure. But in 1856 Charles + Darwin came and, summarizing the results of studies that had been + carried on for a century, destroyed in the name of science the superb + illusion that man is the king and center of creation. He demonstrated, + amid the attacks and calumnies of the lovers of darkness, that man is + not the king of creation, but merely the last link of the zoological + chain, that nature is endowed with eternal energies by which animal and + plant life, the same as mineral life (for even in crystals the laws of + life are at work), are transformed from the invisible microbe to the + highest form, man. +</p> +<p> + The anthropocentric illusion rebelled against the word of Darwin, + accusing him of lowering the human life to the level of the dirt or of + the brute. But a disciple of Darwin gave the right answer, while + propagating the Darwinian theory at the university of Jena. It was + Haeckel, who concluded: "For my part, and so far as my human + consciousness is concerned, I prefer to be an immensely perfected ape + rather than to be a degenerated and debased Adam." +</p> +<p> + Gradually the anthropocentric illusion has been compelled to give way + before the results of science, and today the theories of Darwin have + become established among our ideas. But another illusion still remains, + and science, working in the name of reality, will gradually eliminate + it, namely the illusion that the nineteenth century has established a + permanent order of society. While the geocentric and anthropocentric + illusions have been dispelled, the illusion of the immobility and + eternity of classes still persists. But it is well to remember that in + Holland in the sixteenth century, in England in the seventeenth, in + Europe since the revolution of 1789, we have seen that freedom of + thought in science, literature and art, for which the bourgeoisie + fought, triumphed over the tyranny of the mediaeval dogma. And this + condition, instead of being a glorious but transitory stage, is supposed + to be the end of the development of humanity, which is henceforth + condemned not to perfect itself any more by further changes. This is the + illusion which serves as a fundamental argument against the positive + school of criminology, since it is claimed that a penal justice + enthroned on the foundations of Beccaria and Carrara would be a + revolutionary heresy. It is also this illusion which serves as an + argument against those who draw the logical consequences in regard to + the socialistic future of humanity, for the science which takes its + departure front the work of Copernicus, Galilei and Darwin arrives + logically at socialism. Socialism is but the natural and physical + transformation of the economic and social institutions. Of course, so + long as the geocentric and anthropocentric illusions dominate, it is + natural that the lore of stability should impress itself upon science + and life. How could this living atom, which the human being is, + undertake to change that order of creation, which makes of the earth the + center of the universe and of man the center of life? Not until science + had introduced the conception of a natural formation and transformation, + of the solar system, as well as of the fauna and flora, did the human + mind grasp the idea that thought and action can transform the world. +</p> +<p> + For this reason we believe that the study of the criminal, and the + logical consequences therefrom, will bring about the complete + transformation of human justice, not only as a theory laid down in + scientific books, but also as a practical function applied every day to + that living and suffering portion of humanity which has fallen into + crime. We have the undaunted faith that the work of scientific truth + will transform penal justice into a simple function of preserving + society from the disease of crime, divested of all relics of vengeance, + hatred and punishment, which still survive in our day as living + reminders of the barbarian stage. We still hear the "public vengeance" + invoked against the criminal today, and justice has still for its symbol + a sword, which it uses more than the scales. But a judge born of a woman + cannot weigh the moral responsibility of one who has committed murder or + theft. Not until the experimental and scientific method shall look for + the causes of that dangerous malady, which we call crime, in the + physical and psychic organism, and in the family and the environment, of + the criminal, will justice guided by science discard the sword which now + descends bloody upon those poor fellow-beings who have fallen victims to + crime, and become a clinical function, whose prime object shall be to + remove or lessen in society and individuals the causes which incite to + crime. Then alone will justice refrain from wreaking vengeance, after a + crime has been committed, with the shame of an execution or the + absurdity of solitary confinement. +</p> +<p> + On the one hand, human life depends on the word of a judge, who may err + in the case of capital punishment; and society cannot end the life of a + man, unless the necessity of legitimate self-defense demands it. On the + other hand, solitary confinement came in with the second current of the + classic school of criminology, when at the same time, in which Beccaria + promulgated his ideas, John Howard traveled all over Europe describing + the unmentionable horrors of mass imprisonment, which became a center of + infection for society at large. Then the classic school went to the + other extreme of solitary confinement, after the model of America, + whence we adopted the systems of Philadelphia and Harrisburg in the + first half of the nineteenth century. Isolation for the night is also + our demand, but we object to continuous solitary confinement by day and + night. Pasquale Mancini called solitary confinement "a living grave," in + order to reassure the timorous, when in the name of the classic school, + whose valiant champion he was, he demanded in 1876 the abolition of + capital punishment. Yet in his swan song he recognized that the future + would belong to the positive school of criminology. And it is this + "living grave" against which we protest. It cannot possibly be an act of + human justice to bury a human being in a narrow cell, within four walls, + to prevent this being from having any contact with social life, and to + say to him at the end of his term: Now that your lungs are no longer + accustomed to breathing the open air, now that your legs are no longer + used to the rough roads, go, but take care not, to have a relapse, or + your sentence will be twice as hard. +</p> +<p> + In reality, solitary confinement makes of a human being either a stupid + creature, or a raving beast. And "s'io dico il vero, l'effeto nol + nasconde"—if I speak the truth, the facts will also reveal it—for + criminality increases and expands, honest people remain unprotected, and + those who are struck by the law do not improve, but become ever more + antisocial through the repeated relapses. And so we have that contrast + which I mentioned in the beginning of my lecture, that the theoretical + side of criminal science is so perfected, while criminal conditions are + painfully in evidence. The inevitable conclusion is the necessity of a + progressive transformation of the science of crime and punishment. +</p> +<a name="2H_4_2"><!-- H2 anchor --></a> +<p> </p> +<h2> + OF CRIMINOLOGY. +</h2> +<h2>II. </h2> +<p> + We saw yesterday in a short historical review that the classic cycle of + the science of crime and punishment, originated by Cesare Beccaria more + than a century ago, was followed in our country, some twenty years + since, by the scientific movement of the positive school of criminology. + Let us see today how this school studied the problem of criminality, + reserving for tomorrow the discussion of the remedies proposal by this + school for the disease of criminality. +</p> +<p> + When a crime is committed in some place, attracting public attention + either through the atrocity of the case or the strangeness of the + criminal deed—for instance, one that is not connected with bloodshed, + but with intellectual fraud—there are at once two tendencies that make + themselves felt in the public conscience. One of them, pervading the + overwhelming majority of individual consciences, asks: How is this? What + for? Why did that man commit such a crime? This question is asked by + everybody and occupies mostly the attention of those who do not look + upon the case from the point of view of criminology. On the other hand, + those who occupy themselves with criminal law represent the other + tendency, which manifests itself when acquainted with the news of this + crime. This is a limited portion of the public conscience, which tries + to study the problem from the standpoint of the technical jurist. The + lawyers, the judges, the officials of the police, ask themselves: What + is the name of the crime committed by that man under such circumstances? + Must it be classed us murder or patricide, attempted or incompleted + manslaughter, and, if directed against property, is it theft, or illegal + appropriation, or fraud? And the entire apparatus of practical criminal + justice forgets at once the first problem, which occupies the majority + of the public conscience, the question of the causes that led to this + crime, in order to devote itself exclusively to the technical side of + the problem which constitutes the juridical anatomy of the inhuman and + antisocial deed perpetrated by the criminal. +</p> +<p> + In these two tendencies you have a photographic reproduction of the two + schools of criminology. The classic school, which looks upon the crime + as a juridical problem, occupies itself with its name, its definition, + its juridical analysis, leaves the personality of the criminal in the + background and remembers it only so far as exceptional circumstances + explicitly stated in the law books refer to it: whether he is a minor, a + deaf-mute, whether it is a case of insanity, whether he was drunk at the + time the crime was committed. Only in these strictly defined cases does + the classic school occupy itself theoretically with the personality of + the criminal. But ninety times in one hundred these exceptional + circumstances do not exist or cannot be shown to exist, and penal + justice limits itself to the technical definition of the fact. But when + the case comes up in the criminal court, or before the jurors, practice + demonstrates that there is seldom a discussion between the lawyers of + the defense and the judges for the purpose of ascertaining the most + exact definition of the fact, of determining whether it is a case of + attempted or merely projected crime, of finding out whether there are + any of the juridical elements defined in this or that article of the + code. The judge is rather face to face with the problem of ascertaining + why, under what conditions, for what reasons, the man has committed the + crime. This is the supreme and simple human problem. But hitherto it has + been left to a more or less perspicacious, more or less gifted, + empiricism, and there have been no scientific standards, no methodical + collection of facts, no observations and conclusions, save those of the + positive school of criminology. This school alone makes an attempt to + solve in every case of crime the problem of its natural origin, of the + reasons and conditions that induced a man to commit such and such a + crime. +</p> +<p> + For instance, about 3,000 cases of manslaughter are registered every + year in Italy. Now, open any work inspired by the classic school of + criminology, and ask the author why 3,000 men are the victims of + manslaughter every year in Italy, and how it is that there are not + sometimes only as many as, say, 300 cases, the number committed in + England, which has nearly the same number of inhabitants as Italy; and + how it is that there are not sometimes 300,000 such cases in Italy + instead of 3,000? +</p> +<p> + It is useless to open any work of classical criminology for this + purpose, for you will not find an answer to these questions in than. No + one, from Beccaria to Carrara, has ever thought of this problem, and + they could not have asked it, considering their point of departure and + their method. In fact, the classic criminologists accept the phenomenon + of criminality as an accomplished fact. They analyze it from the point + of view of the technical jurist, without asking how this criminal fact + may have been produced, and why it repeats itself in greater or smaller + numbers from year to year, in every country. The theory of a free will, + which is their foundation, excludes the possibility of this scientific + question, for according to it the crime is the product of the fiat of + the human will. And if that is admitted as a fact, there is nothing left + to account for. The manslaughter was committed, because the criminal + wanted to commit it; and that is all there is to it. Once the theory of + a free will is accepted as a fact, the deed depends on the fiat, the + voluntary determination, of the criminal, and all is said. +</p> +<p> + But if, on the other hand, the positive school of criminology denies, on + the ground of researches in scientific physiological psychology, that + the human will is free and does not admit that one is a criminal because + he wants to be, but declares that a man commits this or that crime only + when he lives in definitely determined conditions of personality and + environment which induce him necessarily to act in a certain way, then + alone does the problem of the origin of criminality begin to be + submitted to a preliminary analysis, and then alone does criminal law + step out of the narrow and arid limits of technical jurisprudence and + become a true social and human science in the highest and noblest + meaning of the word. It is vain to insist with such stubbornness as that + of the classic school of criminology on juristic formulas by which the + distinction between illegal appropriation and theft, between fraud and + other forms of crime against property, and so forth, is determined, when + this method does not give to society one single word which would throw + light upon the reasons that make a man a criminal and upon the + efficacious remedy by which society could protect itself against + criminality. +</p> +<p> + It is true that the classic school of criminology has likewise its + remedy against crime—namely, punishment. But this is the only remedy of + that school, and in all the legislation inspired by the theories of that + school in all the countries of the civilized world there is no other + remedy against crime but repression. +</p> +<p> + But Bentham has said: Every time that punishment is inflicted it proves + its inefficacy, for it did not prevent the committal of that crime. + Therefore, this remedy is worthless. And a deeper study of the cause of + crime demonstrates that if a man does not commit a certain crime, this + is due to entirely different reasons, than a fear of the penalty, very + strong and fundamental reasons which are not to be found in the threats + of legislators. These threats, if nevertheless carried out by police and + prison keepers, run counter to those conditions. A man who intends to + commit a crime, or who is carried away by a violent passion, by a + psychological hurricane which drowns his moral sense, is not checked by + threats of punishment, because the volcanic eruption of passion prevents + him from reflecting. Or he may decide to commit a crime after due + premeditation and preparation, and in that case the penalty is + powerless to check him, because he hopes to escape with impunity. All + criminals will tell you unanimously that the only thing which impelled + them when they were deliberating a crime was the expectation that they + would go scot free. If they had but the least suspicion that they might + be detected and punished they would not have committed the crime. The + only exception is the case in which a crime is the result of a mental + explosion caused by a violent outburst of passion. And if you wish to + have a very convincing illustration of the psychological inefficacy of + legal threats, you have but to think of that curious crime which has now + assumed a frequency never known to former centuries, namely the making + of counterfeit money. For since paper money—from want or for reasons of + expediency—has become a substitute of metal coin in the civilized + countries, the making of counterfeit paper money has become very + frequent in the nineteenth century. Now a counterfeiter, in committing + his crime, must compel his mind to imitate closely the inscription of + the bill, letter for letter, including that threatening passage, which + says: <i>"The law punishes counterfeiting</i> ..." etc. Can you see before + your mind's eye a counterfeiter, in the act of engraving on the stone or + the others may ignore the penalty that awaits them, but he cannot. This + illustration is convincing, for in cases of other crimes one may always + assume that the criminal acted without thinking of the future, even when + he was not in a transport of passion. But in the case of the + counterfeiter the very act of committing the crime reminds him of the + threat of the law, and yet he is imperturbable while perpetrating it. +</p> +<p> + Crime has its natural causes, which lie outside of that mathematical + point called the free will of the criminal. Aside from being a juridical + phenomenon, which it would be well to examine by itself, every crime is + above all a natural and social phenomenon, and should be studied + primarily as such. We need not go through so hard a course of study + merely for the purpose of walking over the razor edge of juristic + definitions and to find out, for instance, that from the time Romagnosi + made a distinction between incompleted and attempted crime rivers of ink + have been spilled in the attempt to find the distinguishing elements of + these two degrees of crime. And finally, when the German legislator + concluded to make no distinction between incompleted and attempted crime + and to recognize only the completed crime in his code of 1871, we + witnessed the spectacle of Carrara praising that legislator for leaving + that subtile distinction out of his code. A strange conclusion on the + part of a science, which cudgels its brains for a century to find the + marks of distinction between attempted and incompleted crime, and then + praises the legislator for ignoring it. And another classic jurist, + Buccellati, proposed to do away with the theory of attempted crime by + simply defining it as a crime by itself, or as—a violation of police + laws! A science which comes to such conclusions is a science which moves + in metaphysical abstractions, and we shall see that all these finespun + questions which abound in classical science lose all practical value + before the necessity of saving society from the plague of crime. +</p> +<p> + The method which we, on the other hand, have inaugurated is the + following: Before we study crime from the point of view of a juristic + phenomenon, we must study the causes to which the annual recurrence of + crimes in all countries is due. These are natural causes, which I have + classified under the three heads of anthropological, telluric and + social. Every crime, from the smallest to the most atrocious, is the + result of the interaction of these three causes, the anthropological + condition of the criminal, the telluric environment in which he is + living, and the social environment in which he is born, living and + operating. It is a vain beginning to separate the meshes of this net of + criminality. There are still those who would maintain the one-sided + standpoint that the origin of crime may be traced to only one of these + elements, for instance, to the social element alone. So far as I am + concerned, I have combatted this opinion from the very inauguration of + the positive school of criminology, and I combat it today. It is + certainly easy enough to think that the entire origin of all crime is + due to the unfavorable social conditions in which the criminal lives. + But an objective, methodical, observation demonstrates that social + conditions alone do not suffice to explain the origin of criminality, + although it is true that the prevalence of the influence of social + conditions is an incontestable fact in the case of the greater number + of crimes, especially of the lesser ones. But there are crimes which + cannot be explained by the influence of social conditions alone. If you + regard the general condition of misery as the sole source of + criminality, then you cannot get around the difficulty that out of one + thousand individuals living in misery from the day of their birth to + that of their death only one hundred or two hundred become criminals, + while the other nine hundred or eight hundred either sink into + biological weakness, or become harmless maniacs, or commit suicide + without perpetrating any crime. If poverty were the sole determining + cause, one thousand out of one thousand poor ought to become criminals. + If only two hundred become criminals, while one hundred commit suicide, + one hundred end as maniacs, and the other six hundred remain honest in + their social condition, then poverty alone is not sufficient to explain + criminality. We must add the anthropological and telluric factor. Only + by means of these three elements of natural influence can criminality be + explained. Of course, the influence of either the anthropological or + telluric or social element varies from case to case. If you have a case + of simple theft, you may have a far greater influence of the social + factor than of the anthropological factor. On the other hand, if you + have a case of murder, the anthropological element will have a far + greater influence than the social. And so on in every case of crime, and + every individual that you will have to judge on the bench of the + criminal. +</p> +<p> + The anthropological factor. It is precisely here that the genius of + Cesare Lombroso established a new science, because in his search after + the causes of crime he studied the anthropological condition of the + criminal. This condition concerns not only the organic and anatomical + constitution, but also the psychological, it represents the organic and + psychological personality of the criminal. Every one of us inherits at + birth, and personifies in life, a certain organic and psychological + combination. This constitutes the individual factor of human activity, + which either remains normal through life, or becomes criminal or insane. + The anthropological factor, then, must not be restricted, as some laymen + would restrict it, to the study of the form of the skull or the bones + of the criminal. Lombroso had to begin his studies with the anatomical + conditions of the criminal, because the skulls may be studied most + easily in the museums. But he continued by also studying the brain and + the other physiological conditions of the individual, the state of + sensibility, and the circulation of matter. And this entire series of + studies is but a necessary scientific introduction to the study of the + psychology of the criminal, which is precisely the one problem that is + of direct and immediate importance. It is this problem which the lawyer + and the public prosecutor should solve before discussing the juridical + aspect of any crime, for this reveals the causes which induced the + criminal to commit a crime. At present there is no methodical standard + for a psychological investigation, although such an investigation was + introduced into the scope of classic penal law. But for this reason the + results of the positive school penetrate into the lecture rooms of the + universities of jurisprudence, whenever a law is required for the + judicial arraignment of the criminal as a living and feeling human + being. And even though the positive school is not mentioned, all profess + to be studying the material furnished by it, for instance, its analyses + of the sentiments of the criminal, his moral sense, his behavior before, + during and after the criminal act, the presence of remorse which people, + judging the criminal after their own feelings, always suppose the + criminal to feel, while, in fact, it is seldom present. This is the + anthropological factor, which may assume a pathological form, in which + case articles 46 and 47 of the penal code remember that there is such a + thing as the personality of the criminal. However, aside from insanity, + there are thousands of other organic and psychological conditions of the + personality of criminals, which a judge might perhaps lump together + under the name of extenuating circumstances, but which science desires + to have thoroughly investigated. This is not done today, and for this + reason the idea of extenuating circumstances constitutes a denial of + justice. +</p> +<p> + This same anthropological factor also includes that which each one of us + has: the race character. Nowadays the influence of race on the destinies + of peoples and persons is much discussed in sociology, and there are + one-sided schools that pretend to solve the problems of history and + society by means of that racial influence alone, to which they attribute + an absolute importance. But while there are some who maintain that the + history of peoples is nothing but the exclusive product of racial + character, there are others who insist that the social conditions of + peoples and individuals are alone determining. The one is as much a + one-sided and incomplete theory as the other. The study of collective + society or of the single individual has resulted in the understanding + that the life of society and of the individual is always the product of + the inextricable net of the anthropological, telluric and social + elements. Hence the influence of the race cannot be ignored in the study + of nations and personalities, although it is not the exclusive factor + which would suffice to explain the criminality of a nation or an + individual. Study, for instance, manslaughter in Italy, and, although + you will find it difficult to isolate one of the factors of criminality + from the network of the other circumstances and conditions that produce + it, yet there are such eloquent instances of the influence of racial + character, that it would be like denying the existence of daylight if + one tried to ignore the influence of the ethnical factor on + criminality. +</p> +<p> + In Italy there are two currents of criminality, two tendencies which are + almost diametrically opposed to one another. The crimes due to hot blood + and muscle grow in intensity from northern to southern Italy, while the + crimes against property increase from south to north. In northern Italy, + where movable property is more developed, the crime of theft assumes a + greater intensity, while crimes due to conditions of the blood are + decreasing on account of the lesser poverty and the resulting lesser + degeneration of the people. In the south, on the other hand, crimes + against property are less frequent and crimes of blood more frequent. + Still there also are in southern Italy certain cases where criminality + of the blood is less frequent, and you cannot explain this in any other + way than by the influence of racial character. If you take a + geographical map of manslaughter in Italy, you will see that from the + minimum, from Lombardy, Piedmont, and Venice, the intensity increases + until it reaches its maximum in the insular and peninsular extreme of + the south. But even there you will find certain cases in which + manslaughter shows a lesser intensity. +</p> +<p> + For instance, the province of Benevent is surrounded by other provinces + which show a maximum of crimes due to conditions of blood, while it + registers a smaller number. Naples, again, shows a considerably smaller + number of such cases than the provinces surrounding it, but it has a + greater number of unpremeditated cases of manslaughter. Messina, Catania + and Syracuse have a remarkably smaller number of blood crimes than + Trapani, Girgenti and Palermo. It has been attempted to claim that this + difference in criminality is due to social condition's, because the + agricultural conditions in eastern Sicily are less degrading than those + of Girgenti and Trapani, where the sulphur mines compel the miners to + live miserably. But we should like to ask the following question in + opposition to this idea: Why and in what respect are the agricultural + conditions in some provinces better than in others? This condition is + merely itself a result, not a cause of the first degree. +</p> +<p> + Since the theory of historical materialism, which I prefer to call + economic determinism, has demonstrated that political, moral and + intellectual phenomena are reactions on the economic conditions of any + time and place, the attempt has been made to interpret this theory very + narrowly and to pretend that the economic condition of a nation is a + primary cause and not determined by any other. For my part, ever since I + have demonstrated the perfect accord between the Marxian and the + Darwinian theories, I have said: Very well, the economic conditions of a + nation explain its political, moral, intellectual conditions, but the + economic condition is in its turn the result of other factors. For + instance, how can the industrialism of England in the nineteenth century + be explained? Take away the coal mines (the telluric environment), and + you could not have the economic conditions of England as they are. For + the economic conditions are a result of favorable or unfavorable + telluric conditions which are acted upon by the intelligence and energy + of a certain race. Catania, Messina, Syracuse, are in a better economic + condition, because they have better geographical conditions and a + different race (of Grecian blood) than the other Sicilian provinces. So + it is in Apulia and Naples, which have likewise a considerable mixture + of Grecian blood. The northern tourists are still attracted by our art + and visit the ruins of Taormina or Pesto, which are the relics of the + Grecian race. And it is the Grecian blood which explains the lesser + frequency of bloody crimes in those provinces. This is therefore + evidently the influence of the race. And I maintain that the same fact + is due in the province of Benevent to the admixture of Langobardian + blood. For the Duchy of Benevent has had an influx of Langobardian + elements since the seventh century. And as we know that the German and + Anglo-Saxon race has the smallest tendency towards bloody crimes, the + beneficial influence of this racial character in Benevent explains + itself. On the other hand, there is much Saracen blood in the western + and southern provinces of Sicily, and this explains the greater number + of bloody crimes there. It is evident that the organic character of the + inhabitants of that island, where you may still see the brutal and + barbarian features of the Saracen by the side of those of the blond, + cool and quiet Norman, contains a transfusion of the blood of diverse + races. But it is also true that wherever a certain race has been + predominant, there its influence is left behind in the individual and + collective life. +</p> +<p> + Let this be enough so far as the anthropological factor of criminality + is concerned. There are, furthermore, the telluric factors, that is to + say, the physical environment in which we live and to which we pay no + attention. It requires much philosophy, said Rousseau, to note the + things with which we are in daily contact, because the habitual + influence of a thing makes it more difficult to be aware of it. This + applies also to the immediate influence of the physical conditions on + human morality, notwithstanding the spiritualist prejudices which still + weigh upon our daily lives. For instance, if it is claimed in the name + of supernaturalism and psychism that a man is unhappy because he is + vicious, it is equivalent to making a one-sided statement. For it is + just as true to say that a man becomes vicious because he is unhappy. + Want is the strongest poison for the human body and soul. It is the + fountain head of all inhuman and antisocial feeling. Where want spreads + out its wings, there the sentiments of love, of affection, of + brotherhood, are impossible. +</p> +<p> + Take a look at the figures of the peasant in the far-off arid Campagna, + the little government employee, the laborer, the little shop-keeper. + When work is assured, when living is certain, though poor, then want, + cruel want, is in the distance, and every good sentiment can germinate + and develop in the human heart. The family then lives in a favorable + environment, the parents agree, the children are affectionate. And when + the laborer, a bronzed statue of humanity, returns from, his smoky shop + and meets his white-haired mother, the embodiment of half a century of + immaculate virtue and heroic sacrifices, then he can, tired, but assured + of his daily bread, give room to feelings of affection, and he will + cordially invite his mother to share his frugal meal. But let the same + man, in the same environment, be haunted by the spectre of want and lack + of employment, and you will see the moral atmosphere in his family + changing as from day into night. There is no work, and the laborer comes + home without any wages. The wife, who does not know how to feed the + children, reproaches her husband with the suffering of his family. The + man, having been turned away from the doors of ten offices, feels his + dignity as an honest laborer assailed in the very bosom of his own + family, because he has vainly asked society for honest employment. And + the bonds of affection and union are loosened in that family. Its + members no longer agree. There are too many children, and when the poor + old mother approaches her son, she reads in his dark and agitated mien + the lack of tenderness and feels in her mother heart that her boy, + poisoned by the spectre of want, is perhaps casting evil looks at her + and harboring the unfilial thought: "Better an open grave in the + cemetery than one mouth more to feed at home!" +</p> +<p> + It is true, that want alone is not sufficient to prepare the soil in the + environment of that suffering family for the roots of real crime and to + develop it. Want will weaken the love and mutual respect among the + members of that family, but it will not be strong enough alone to arm + the hands of the man for a matricidal deed, unless he should get into a + pathological mental condition, which is very exceptional and rare. But + the conclusions of the positive school are confirmed in this case as in + any other. In order that crime may develop, it is necessary that + anthropological, social and telluric factors should act together. +</p> +<p> + We generally forget the conditions of the physical environment in which + we live, because supernatural prejudice tells us that the body is a + beast which we must forget in order to elevate ourselves into a + spiritual life. Manzoni could designate the Middle Ages by the term + "dirty." because they neglected the demands of elementary hygiene, and + thus of human morality. For where the requirements of our physical body + are neglected or offended, there no flower can bloom. The telluric + environment has a great influence on our physical activity, by way of + our nervous system. We feel differently disposed, according to whether a + south or a north wind blows. When Garibaldi was on the Pampas, he + observed that his companions were irascible and prone to violent + quarrels, when the Pampero blew, and that their behavior changed, when + this wind ceased. The great founders of criminal statistics, Quetelet + and Guerry, observed that the change of seasons carried with it a change + in criminality. Sexual crimes are less frequent in winter than in spring + and summer. And with reference to this point I have maintained, and + still maintain, that it is due to the combined effects of temperature + and social conditions, if crimes against property increase in winter. + For lack of employment, the want of food and shelter, intensify the + misery and lead to attacks on property. On the other hand, the cold by + itself reduces sexual crimes and personal assaults. And those who claim + that the longer intercourse between people in summer time has also a + social influence, are also partly in the right. +</p> +<p> + The most eloquent fact in this respect was mentioned by Murro, when he + pointed out that this change in the frequency of bloody crimes, greater + in the warm months than in winter, applied also to prisoners. Statistics + show that breach of discipline is most frequent in hot seasons. The + social factor does not enter there, because the social life is there the + same in winter and in summer. This is, therefore, a practical proof of + the influence of climate, and it is re-enforced by the fact that + delirium and epilepsy in insane asylums are also more frequent in hot + than in cold months. The influence of the telluric factors, then, cannot + be denied, and the influence of the social factor intensifies it, as I + have already shown by its most drastic and characteristic example, that + of want. One can, therefore, understand that a man, whose morality has + been shaken by the pressure of increasing want, may be led to commit a + crime against property or persons. +</p> +<p> + It is certainly quite evident, that economic misery has an undeniable + influence on criminality. And if you consider, that about 300,000 + criminals are sentenced in Italy every year, 180,000 of them for minor + crimes, and 120,000 for crimes which belong to the gravest class, you + can easily see that the greater part of them due mainly to social + conditions, for which it should not be so very difficult to find a + remedy. The work of the legislator may be slow, difficult, and + inadequate, so far as the telluric and anthropological factors are + concerned. But it could surely be rapid, efficacious and prompt, so far + as the social factors influencing criminality are concerned. +</p> +<p> + We have now demonstrated that crime has its natural source in the + combined interaction of three classes of causes, the anthropological + (organic and psychological) factor, the telluric factor, and the social + factor. And by this last factor we must not only mean want, but any + other condition of administrative instability in political, moral, and + intellectual life. Every social condition which makes the life of man in + society insincere and imperfect is a social factor contributing towards + criminality. The economic factor is in evidence in our civilization + wherever the law of free competition, which is but a form of disguised + cannibalism, establishes the rule: <i>Your death is my life</i>. The + competition of laborers for a limited number of places is equivalent to + saying that those who secure a living do so at the expense of those who + do not. And this is a disguised form of cannibalism. While it does not + devour the competitor as primitive mankind did, it paralyzes him by + calumnies, recommendations, protection, money, which, secure the place + for the best bargainer and leave the most honest, talented, and + self-respecting to the pangs of starvation. +</p> +<p> + Moreover, the economic factor exerts its crime-breeding influence also + under the form of a superabundance of wealth. Indeed, in our present + society, which is in the downward stage of transition from glorious + bourgeois civilization, which constituted a golden page of human + history in the 19th century, wealth itself is a source of crime. For the + rich, who do not enjoy the advantage of manual or intellectual work, + suffer from the corruption of leisure and vice. Gambling throws them + into an unhealthy fever; the struggle and race for money poison their + daily lives. And although the rich may keep out of reach of the penal + code, still they have condemned themselves to a life devoted to + hypocritical ceremonies, which are devoid of moral sentiment. And this + life leads them to a sportive form of criminality. To cheat at gambling + is the inevitable fate of these parasites. In order to kill time they + give themselves up to games of chance, and those who do not care for + that devote themselves to the sport of adultery, which in that class is + a pastime even among the best friends, on account of sheer mental + poverty. And all because man's mind unoccupied is the devil's own forge, + as the English poet says. +</p> +<p> + We have now surveyed briefly the natural genesis of crime, as a natural + social phenomenon, brought about by the interaction of anthropological, + telluric, and social influences, which in any determined moment act + upon a personality standing on the cross road of vice and virtue, crime + and honesty. This scientific deduction gives rise to a series of + investigations which satisfy the mind and supply it with a real + understanding of things, far better than the theory that a man is a + criminal because he wants to be. No, a man commits crime because he + finds himself in certain physical and social conditions, from which the + evil plant of crime takes life and strength. Thus we obtain the origin + of that sad human figure which is the product of the interaction of + those factors, an abnormal man, a man not adapted to the conditions of + the social environment in which he is born, so that emigration becomes + an ever more permanent phenomenon for the greater portion of men, for + whom the accident of birth will less and less determine the course of + their future life. And the abnormal man who is below the minimum of + adaptability to social life and bears the marks of organic degeneration, + develops either a passive or an aggressive form of abnormality and + becomes a criminal. +</p> +<p> + Among these abnormal human beings, two groups must be particularly + distinguished. Limiting our observations to those who are true + aggressively antisocial abnormals, that is to say, who are not adapted + to a certain social order and attack it by crimes, we must distinguish + those who for egoistic or ferocious reasons attack society by atavistic + forms of the struggle for existence by committing socalled common crimes + in the shape of fraud or violence, thereby opposing or abolishing + conditions in which their fellow beings may live. This is the atavistic + type of criminals which represents an involutionary, or retrogressive, + form of abnormality, due to an arrested development or an atavistic + reversion to a savage and primitive type. These constitute the majority + in the world of criminals and must be distinguished from the minority, + who are evolutionary, or progressive, abnormals, that may also commit + crime in a violent form, but must not be confounded with the others, + because they do not act from egoistic motives, but rebel from altruistic + motives against the injustice of the present order. These altruistic + criminals feel the sufferings and horrors due to the injustice + surrounding them and may go so far as to commit murder, which must + always be condemned, but which must not be confounded with atavistic or + egoistic murder. Recourse to personal violence is always objectionable + from the point of view of higher manhood, which desires that human life + should always be held in respect. But the reasons for such a crime are + different, being egoistic in the one, and altruistic in the other case. + The evolutionary abnormal is often an instrument of human progress, not + in the form of criminality, but in that of intellectual and moral + rebellion against conditions which are sanctioned by laws that + frequently punish such an evolutionary rebellion harder than atavistic + crime, as they do in Russia, where capital punishment has been abolished + for common crimes, but retained for political violations of the law! We + are living in an epoch of transition from the old to the new, and + contemporaneous humanity has an uneasy moral conscience in this critical + time. The ruling classes are losing their clearness of vision, so that + they promise monuments to those political murderers who promoted their + own historical victories, but would condemn like any common criminal him + who now devotes his soul to a revolutionary ideal, would throw into + prison the pioneer of new human ideals, just as Russia is + excommunicating the rebel Tolstoi. I mention Leo Tolstoi advisedly for + the purpose of giving a precise illustration of my heterodox thought in + reference to this question. We are opposed to any form of personal + violence (with the sole exception of self-defense), we cannot approve of + any form of personal assault, no matter what may be its motive. + Therefore we cannot have words of praise or excuse for political murder, + though it may be inspired by altruistic motives. We can demand that the + legislator should distinguish between the psychological sources of these + two forms of murder, the egoistic and the altruistic form. But we + condemn them both, because they are inhuman forms of violence. Ideas do + not make victorious headway by force of arms. Ideas must be combatted by + ideas, and it is only by the propaganda of the idea that we can prepare + humanity for its future. Violence is always a means of preventing the + sincere and fruitful diffusion of an idea. We do not say this merely for + the abnormals of the lower classes. We refer with scientific serenity + also to the upper classes, who would suppress by violence every + manifestation of revolt against the social iniquities, every affirmation + of faith in a better future. +</p> +<p> + This is the conception of our science, which thus succeeds in + distinguishing traits of character even among the unlucky and forlorn + people of the criminal world, while the classic school of criminology + regards a criminal as a sort of abstract and normal man, with the + exception of cases of minors, deaf mutes, inebriates, and maniacs. +</p> +<p> + In fact, the classic school of criminology regards all thieves as THE + thief, all murderers as THE murderer, and the human shape disappears in + the mind of the legislator, while it re-appears before the judge. Before + the essayist and legislator, the criminal is a sort of moving dummy, on + whose hack the judge may paste an article of the penal code. If you + leave out of consideration the established cases of exceptional and rare + human psychology mentioned in the penal code, all other cases serve the + judge merely as an excuse to select from the criminal code the number of + that article which will fit the criminal dummy, and if he should paste + 404 instead of 407 on its back, the court of appeals would resist, any + change of numbers. And if this dummy came to life and said: "The + question of my number may be very important for you, but if you would + study all the conditions that compelled me to take other people's + things, you would realize that this importance is very diagrammatic," + the judge would answer: "That's all right for the justice of the future, + but it isn't now. You are number 404 of the criminal code, and after + leaving this court room with this number pasted legally on your back, + you will receive another number, for you will enter prison as number 404 + and will exchange it for entry number 1525, or some other, because your + personality as a man disappears entirely before the enactment of social + justice!" And then it is pretended that this man, whose personality is + thus absurdly ignored, should leave prison cured of all degeneration, + and if he falls back into the path of thorns of his misery and commits + another crime, the judge simply pastes another article over the other, + by adding number 80 or 81, which refer to cases of relapse, to number +</p> +<center> + 404! +</center> +<p> + In this way the classic school of criminology came to its unit of + punishment, which it heralded as its great progress. In the Middle + Ages, the diversity of punishment was greater. But in the 19th century + the classic school of criminology combatted dishonoring punishment, + corporeal punishment, confiscation, professional punishment, capital + punishment, with its ideal of one sole penalty, the only panacea for + crime and criminals, <i>prison</i>. +</p> +<p> + We have, indeed, prohibitory measures and fines even today. But in + substance the whole punitive armory is reduced to imprisonment, since + fines are likewise convertible into so many days or months of + imprisonment. Solitary confinement is the ideal of the classic school of + criminology. But experience proves that this penalty has as much effect + on the disease of criminality, as the remedy of a physician would have, + who would sit in the door of a hospital and tell every patient seeking + relief: "Whatever may be your disease, I have only one medicine and that + is a decoction of rhubarb. You have heart trouble? Well, then, the + problem for me is simply—how big a dose of rhubarb decoction shall I + give you?" +</p> +<p> + And measuring doses of penalty is the foundation of the criminal code. + That is so true that this code is in its last analysis but a table of + criminal logarithms for figuring out penalties. Woe to the judge who + makes a mistake in sentencing a 19 year old offender who was drunk when + he sinned, but had premeditated his deed. Woe to the judge, if he misses + his calculation in adding or subtracting the third, or sixth, or one + half, corresponding to the prescribed extenuating or aggravating + circumstances! If he makes a miscalculation, the court of appeals is + invoked by the defendant, and the inexorable court of appeals tells the + judge: "Figure this over again. You have been unjust." The only question + for the judge is this: Add your sums and subtract your deductions, and + the prisoner is sentenced to one year, seven months, and thirteen days. + Not one day more or less! But the human spectator asks: "If the criminal + should happen to be reformed before the expiration of his term, should + he be retained in prison?" The judge replies: "I don't care, he stays in + one year, seven months, and thirteen days!" +</p> +<p> + Then the human spectator says: "But suppose the criminal should not yet + be fit for human society at the expiration of his term?" The judge + replies: "At the expiration of his term he leaves prison, for when he + has absolved his last day, he has paid his debt!" +</p> +<p> + This is the same case as that of the imaginary physician who says: "You + have heart trouble? Then take a quart of rhubarb decoction and stay + twelve days in the hospital." Another patient says: "I have broken my + leg." And the doctor: "All right, take a pint of rhubarb decoction and + 17 days in the hospital." A third has inflammation of the lungs, and the + doctor prescribes three quarts of rhubarb decoction and three months in + the hospital. "But if my inflammation is cured before that time?" "No + matter," says the doctor, "you stay in three months." "But if I am not + cured of my lung trouble after three months?" "No matter," says the + doctor, "you leave after three months." +</p> +<p> + To such results have wise men been led by a system of penal justice, + which is a denial of all elementary common sense. They have forgotten + the personality of the criminal and occupied themselves exclusively with + crime as an abstract juristic phenomenon. In the same manner, the old + style medicine occupied itself with disease as such, as an abstract + pathological phenomenon, without taking into account the personality of + the patient. The ancient physicians did not consider whether a patient + was well or ill nourished, young or old, strong or weak, nervous or + fullblooded. They cured fever as fever, pleurisy as pleurisy. Modern + medicine, on the other hand, declares that disease must be studied in + the living person of the patient. And the same disease may require + different treatment, if the condition of the patient is different. +</p> +<p> + Criminal justice has taken the same historical course of development as + medicine. The classic school of criminology is still in the same stage, + in which medicine was before the middle of the 19th century. It deals + with theft, murder, fraud, as such. But that which claims so much of the + attention of society has been forgotten by the classic school. For that + school has forgotten to study the murderer, the thief, the forger, and + without that study their crimes cannot be understood. +</p> +<p> + Crime is one of the conditions required for the study of the criminal. + But, the same crime may require the application of different remedies + to the personalities of different criminals, according to the different + anthropological and social conditions of the various criminals. There is + a fundamental distinction between the anthropological and social types + of criminals, whom I have divided into five categories, which are today + unanimously accepted by criminalist anthropologists, since the Geneva + congress offered an opportunity to explain the misapprehension which led + some foreign scientists to believe that the Italian school regarded one + of these types (the born criminal) merely as an organic anomaly. +</p> +<p> + Just a word concerning each one of these five types. +</p> +<p> + The <i>born criminal</i> is a victim of that which I will call (seeing that + science has not yet solved this problem) criminal neurosis, which is + very analogous to epileptic neurosis, but which is not in itself + sufficient to make one a criminal. Our adversaries had the idea that the + mere possession of a crooked nose or a slanting skull stamped a man as + predisposed by birth to murder or theft. But a man may he a born + criminal, that is to say, he may have some congenital degeneration which + predisposes him toward crime, and yet he may die at the age of 80 + without having committed any crime, because he was fortunate enough to + live in an environment which did not offer him any temptation to commit + crime. Again, are not many predisposed toward insanity without ever + becoming insane? If the same individual were to live under unfavorable + conditions, without any education, if he were to find himself in + unhealthy telluric surroundings, in a mine, a rice field, or a miasmatic + swamp, he would become insane. But if instead of living in conditions + that condemn him to lunacy he were to be under no necessity to struggle + for his daily bread, if he could live in affluence, he might exhibit + some eccentricity of character, but would not cross the threshold of an + insane asylum. The same happens in the case of criminality. One may have + a congenital predisposition toward crime, but if he lives in favorable + surroundings, he will live to the end of his natural life without + violating any criminal or moral law. At any rate we must drop the + prejudice that only those are criminals on whose backs the judge has + pasted a number. For there are many scoundrels at large who commit crime + with impunity, or who brush the edge of the criminal law in the most + repulsive immorality without violating it. +</p> +<p> + This misunderstanding was explained at the congress of Geneva by the + statement that the interaction of the social and telluric environment is + required also in the case of the born criminal. And now we may take it + for granted that my classification of five types is everywhere accepted. + These are the following: The <i>born criminal</i> who has a congenital + predisposition for crime; the <i>insane criminal</i> suffering from some + clinical form of mental alienation, and whom even our existing penal + code had to recognize; the <i>habitual criminal</i>, that is to say one who + has acquired the habit of crime mainly through the ineffective measures + employed by society for the prevention and repression of crime. A common + figure in our large industrial centers is that of the abandoned child + which has to go begging from its earliest youth in order to collect an + income for the enterprising boss or for its poor family, without an + opportunity to educate its moral sense in the filth of the streets. It + is punished for the first time by the law and sent to prison or to a + reformatory, where it is inevitably corrupted. Then, when such an + individual comes out of prison, he is stigmatized as a thief or forger, + watched by the police, and if he secures work in some shop, the owner is + indirectly induced to discharge him, so that he must inevitably fall + back upon crime. +</p> +<p> + Thus one acquires crime as a habit, a product of social rottenness, due + to the ineffective measures for the prevention and repression of crime. + There is furthermore the <i>occasional criminal</i>, who commits very + insignificant criminal acts, more because he is led astray by his + conditions of life than because the aggressive energy of a degenerate + personality impels him. If he is not made worse by a prison life, he may + find an opportunity to return to a normal life in society. Finally there + is the <i>passionate criminal,</i> who, like the insane criminal, has + received attention from the positive school of criminology; which, + however, did not come to any definite conclusions regarding him, such as + may be gathered by means of the experimental method through study in + prisons, insane asylums, or in freedom. The relations between passion + and crime have so far been studied on a field in which no solution was + possible. For the classic school considers such a crime according to + the greater or smaller intensity and violence of passion and comes to + the conclusion that the degree of responsibility decreases to the extent + that the intensity of a passion increases, and vice versa. The problem + cannot be solved in this way. There are passions which may rise to the + highest degree of intensity without reducing the responsibility. For + instance, is one who murders from motives of revenge a passionate + criminal who must be excused? +</p> +<p> + The classic school of criminology says "No," and for my part I agree + with them. Francesco Carrara says: "There are blind passions, and others + which are reasonable. Blind passions deprive one of free will, + reasonable ones do not. Blind and excusable passions are fear, honor, + love, reasonable and inexcusable ones are hatred and revenge." But how + so? I have studied murderers who killed for revenge and who told me that + the desire for revenge took hold of them like a fever, so that they + "forgot even to eat." Hate and revenge can take possession of a man to + such an extent that he becomes blind with passion. The truth is that + passion must be considered not so far as its violence or quantity are + concerned, but rather as to its quality. We must distinguish between + social and anti-social passion, the one favoring the conditions of life + for the species and collectivity, the other antagonistic to the + development of the collectivity. In the first case, we have love, + injured honor, etc, which are passions normally useful to society, and + aberrations of which may be excused more or less according to individual + cases. On the other hand, we have inexcusable passions, because their + psychological tendency is to antagonize the development of society. They + are antisocial, and cannot be excused, and hate and revenge are among + them. +</p> +<p> + The positive school therefore admits that a passion is excusable, when + the moral sense of a man is normal, when his past record is clear, and + when his crime is due to a social passion, which makes it excusable. +</p> +<p> + We shall see tomorrow what remedies the positive school of criminology + proposes for each one of these categories of criminals, in distinction + from the measuring of doses of imprisonment advocated by the classic + school. +</p> +<p> + We have thus exhausted in a short and general review the subject of the + natural origin of criminality.—To sum up, crime is a social + phenomenon, due to the interaction of anthropological, telluric, and + social factors. This law brings about what I have called criminal + saturation, which means that every society has the criminality which it + deserves, and which produces by means of its geographical and social + conditions such quantities and qualities of crime as correspond to the + development of each collective human group. +</p> +<p> + Thus the old saying of Imetelet is confirmed: "There is an annual + balance of crime, which must be paid and settled with greater regularity + than the accounts of the national revenue." However, we positivists give + to this statement a less fatalistic interpretation, since we have + demonstrated that crime is not our immutable destiny, even though it is + a vain beginning to attempt to attenuate or eliminate crime by mere + schemes. The truth is that the balance of crime is determined by the + physical and social environment. But by changing the condition of the + social environment, which is most easily modified, the legislator may + alter the influence of the telluric environment and the organic and + psychic conditions of the population, control the greater portion of + crimes, and reduce them considerably. It is our firm conviction that a + truly civilized legislator can attenuate the plague of criminality, not + so much by means of the criminal code, as by means of remedies which are + latent in the remainder of the social life and of legislation. And the + experience of the most advanced countries confirms this by the + beneficent and preventive influence of criminal legislation resting on + efficacious social reforms. +</p> +<p> + We arrive, then, at this scientific conclusion: In the society of the + future, the necessity for penal justice will be reduced to the extent + that social justice grows intensively and extensively. +</p> +<a name="2H_4_3"><!-- H2 anchor --></a> +<p> </p> +<h2> + III. +</h2> +<p> + In the preceding two lectures, I have given you a short review of the + new current in scientific thought, which studies the painful and + dangerous phenomena of criminality. We must now draw the logical + conclusions, in theory and practice, from the teachings of experimented + science, for the removal of the gangrenous plague of crime. Under the + influence of the positive methods of research, the old formula "Science + for science's sake" has given place to the new formula "Science for + life's sake." For it would be useless for the human mind to retreat into + the vault of philosophical concentration, if this intellectual mastery + did not produce as a counter-effect a beneficent wave of real + improvement in the destinies of the human race. +</p> +<p> + What, then, has the civilized world to offer in the way of remedies + against criminality? The classic school of criminology, being unable to + locate in the course of its scientific and historical mission the + natural causes of crime, as I have shown in the preceding lectures, was + not in a position to deal in a comprehensive and far-seeing manner with + this problem of the remedy against criminality. Some of the classic + criminologists, such as Bentham, Romagnosi, or Ellero, with a more + positive bent of mind than others, may have given a little of their + scientific activity to the analysis of this problem, namely the + prevention of crime. But Ellero himself had to admit that "the classic + school of criminology has written volumes concerning the death penalty + and torture, but has produced but a few pages on the prevention of + criminality." The historical mission of that school consisted in a + reduction of punishment. For being born on the eve of the French + revolution in the name of individualism and natural rights, it was a + protest against the barbarian penalties of the Middle Ages. And thus the + practical and glorious result of the classic school was a propaganda for + the abolition of the most brutal penalties of the Middle Ages, such as + the death penalty, torture, mutilation. We in our turn now follow up the + practical and scientific mission of the classic school of criminology + with a still more noble and fruitful mission by adding to the problem of + the <i>diminution of penalties</i> the problem of the <i>diminution of crimes</i>. + It is worth more to humanity to reduce the number of crimes than to + reduce the dread sufferings of criminal punishments, although even this + is a noble work, after the evil plant of crime has been permitted to + grow in the realm of life. Take, for instance, the philanthropic + awakening due to the Congress of Geneva in the matter of the Red Cross + Society, for the care, treatment and cure of the wounded in war. However + noble and praiseworthy this mission may be, it would be far nobler and + better to prevent war than to heal the mutilated and wounded. If the + same zeal and persistence, which have been expended in the work of the + Red Cross Society, had been devoted to the realization of international + brotherhood, the weary road of human progress would show far better + results. +</p> +<p> + It is a noble mission to oppose the ferocious penalties of the Middle + Ages. But it is still nobler to forestall crime. The classic school of + criminology directed its attention merely to penalties, to repressive + measures after crime had been committed, with all its terrible moral + and material consequences. For in the classic school, the remedies + against criminality have not the social aim of improving human life, but + merely the illusory mission of retributive justice, meeting a moral + delinquency by a corresponding punishment in the shape of legal + sentences. This is the spirit which is still pervading criminal + legislation, although there is a sort of eclectic compromise between the + old and the new. The classic school of criminology has substituted for + the old absolutist conceptions of justice the eclectic theory that + absolute justice has the right to punish, but a right modified by the + interests of civilized life in present society. This is the point + discussed in Italy in the celebrated controversy between Pasquale + Stanislao Mancini and Terencio Mamiani, in 1847. This is in substance + the theory followed by the classic criminologists who revised the penal + code, which public opinion considers incapable of protecting society + against the dangers of crime. And we have but to look about us in the + realities of contemporaneous life in order to see that the criminal code + is far from being a remedy against crime, that it remedies nothing, + because either premeditation or passion in the person of the criminal + deprive the criminal law of all prohibitory power. The deceptive faith + in the efficacy of criminal law still lives in the public mind, because + every normal man feels that the thought of imprisonment would stand in + his way, if he contemplated tomorrow committing a theft, a rape, or a + murder. He feels the bridle of the social sense. And the criminal code + lends more strength to it and holds him back from criminal actions. But + even if the criminal code did not exist, he would not commit a crime, so + long as his physical and social environment would not urge him in that + direction. The criminal code serves only to isolate temporarily from + social intercourse those who are not considered worthy of it. And this + punishment prevents the criminal for a while from repeating his criminal + deed. But it is evident that the punishment is not imposed until after + the deed has been done. It is a remedy directed against effects, but it + does not touch the causes, the roots, of the evil. +</p> +<p> + We may say that in social life penalties have the same relation to crime + that medicine has to disease. After a disease has developed in an + organism, we have recourse to a physician. But he cannot do anything + else but to reach the effects in some single individual. On the other + hand, if the individual and the collectivity had obeyed the rules of + preventive hygiene, the disease would have been avoided 90 times in 100, + and would have appeared only in extreme and exceptional cases, where a + wound or an organic condition break through the laws of health. Lack of + providence on the part of man, which is due to insufficient expression + of the forces of the intellect and pervades so large a part of human + life, is certainly to blame for the fact that mankind chooses to use + belated remedies rather than to observe the laws of health, which demand + a greater methodical control of one's actions and more foresight, + because the remedy must be applied before the disease becomes apparent. + I say occasionally that human society acts in the matter of criminality + with the same lack of forethought that most people do in the matter of + tooth-ache. How many individuals do not suffer from tooth-ache, + especially in the great cities? And yet any one convinced of the + miraculous power of hygiene could easily clean his teeth every day and + prevent the microbes of tooth rot from thriving, thereby saving his + teeth from harm and pain. But it is tedious to do this every day. It + implies a control of one's self. It cannot be done without the + scientific conviction that induces men to acquire this habit. Most + people say: "Oh well, if that tooth rots, I'll bear the pain." But when + the night comes in which they cannot sleep for toothache, they will + swear at themselves for not having taken precautions and will run to the + dentist, who in most cases cannot help them any more. +</p> +<p> + The legislator should apply the rules of social hygiene in order to + reach the roots of criminality. But this would require that he should + bring his mind and will to bear daily on a legislative reform of + individual and social life, in the field of economics and morals as well + as in that of administration, politics, and intelligence. Instead of + that, the legislators permit the microbes of criminality to develop + their pathogenic powers in society. When crimes become manifest, the + legislator knows no other remedy but imprisonment in order to punish an + evil which he should have prevented. Unfortunately this scientific + conviction is not yet rooted and potent in the minds of the legislators + of most of the civilized countries, because they represent on an + average the backward scientific convictions of one or two previous + generations. The legislator who sits in parliament today was the + university student of 30 years ago. With a few very rare exceptions he + is supplied only with knowledge of outgrown scientific research. It is a + historical law that the work of the legislator is always behind the + science of his time. But nevertheless the scientist has the urgent duty + to spread the conviction that hygiene is worth as much on the field of + civilization as it is in medicine for the public health. +</p> +<p> + This is the fundamental conviction at which the positive school arrives: + That which has happened in medicine will happen in criminology. The + great value of practical hygiene, especially of social hygiene, which is + greater than that of individual hygiene, has been recognized after the + marvelous scientific discoveries concerning the origin and primitive + causes of the most dangerous diseases. So long as Pasteur and his + disciples had not given to the world their discovery of the pathogenic + microbes of all infectious diseases, such as typhoid fever, cholera, + diphtheria, tuberculosis, etc, more or less absurd remedies were + demanded of the science of medicine. I remember, for instance, that I + was compelled in my youth, during an epidemic of cholera, to stay in a + closed room, in which fumigation was carried on with substances + irritating the bronchial tubes and lungs without killing the cholera + microbes, as was proved later on. It was not until the real causes of + those infectious diseases were discovered, that efficient remedies could + be employed against them. An aqueduct given to a center of population + like Naples is a better protection against cholera than drugs, even + after the disease has taken root in the midst of the people of Naples. + This is the modern lesson which we wish to teach in the field of + criminology, a field which will always retain its repressive functions + as an exceptional and ultimate refuge, because we do not believe that we + shall succeed in eliminating all forms of criminality. Hence, if a crime + manifests itself, repression may be employed as one of the remedies of + criminology, but it should be the very last, not the exclusively + dominating one, as it is today. +</p> +<p> + It is this blind worship of punishment which is to blame for the + spectacle which we witness in every modern country, the spectacle that + the legislators neglect the rules of social hygiene and wake up with a + start when some form of crime becomes acute, and that they know of no + better remedy than an intensification of punishment meeted out by the + penal code. If one year of imprisonment is not enough, we'll make it ten + years, and if an aggravation of the ordinary penalty is not enough, + we'll pass a law of exception. It is always the blind trust in + punishment which remains the only remedy of the public conscience and + which always works to the detriment of morality and material welfare, + because it does not save the society of honest people and strikes + without curing those who have fallen a prey to guilt and crime. +</p> +<p> + The positive school of criminology, then, aside from the greater value + attributed to daily and systematic measures of social hygiene for the + prevention of criminality, comes to radically different conclusions also + in the matter of repressive justice. The classic school has for a + cardinal remedy against crime a preference for one kind of punishment, + namely imprisonment, and gives fixed and prescribed doses of this + remedy. It is the logical conclusion of retributive justice that it + travels by way of an illusory purification from moral guilt to the legal + responsibility of the criminal and thence on to a corresponding dose of + punishment, which has been previously prescribed and fixed. +</p> +<p> + We, on the other hand, hold that even the surviving form of repression, + which will be inevitable in spite of the application of the rules of + social prevention, should be widely different, on account of the + different conception which we have of crime and of penal justice. +</p> +<p> + In the majority of cases composed of minor crimes committed by people + belonging to the most numerous and least dangerous class of occasional + or passionate criminals, the only form of civil repression will be <i>the + compensation of the victim for his loss</i>. According to us, this should + he the only form of penalty imposed in the majority of minor crimes + committed by people who are not dangerous. In the present practice of + justice the compensation of the victim for his loss has become a + laughing stock, because this victim is systematically forgotten. The + whole attention of the classic school has been concentrated on the + juridical entity of the crime. The victim of the crime has been + forgotten, although this victim deserves philanthropic sympathy more + than the criminal who has done the harm. It is true, every, judge adds + to the sentence the formula that the criminal is responsible for the + injury and the costs to another authority. But the process of law puts + off this compensation to an indefinite time, and if the victim succeeds + a few years after the passing of the sentence in getting any action on + the matter, the criminal has in the meantime had a thousand legal + subterfuges to get away with his spoils. And thus the law itself becomes + the breeding ground of personal revenge, for Filangieri says aptly that + an innocent man grasps the dagger of the murderer, when the sword of + justice does not defend him. +</p> +<p> + Let us say at this point that the rigid application of compensation for + damages should never be displaced by imprisonment, because this would be + equivalent to sanctioning a real class distinction, for the rich can + laugh at damages, while the proletarian would have to make good a + sentence of 1000 lire by 100 days in prison, and in the meantime the + innocent family that tearfully waits for him outside, would be plunged + into desperate straits. Compensation for damages should never take + place in any other way than by means of the labor of the prisoner to an + extent satisfactory to the family of the injured. It has been attempted + to place this in an eclectic way on our law books, but this proposition + remains a dead letter and is not applied in Italy, because a stroke of + legislator's pen is not enough to change the fate of an entire nation. +</p> +<p> + These practical and efficient measures would be taken in the case of + lesser criminals. For the graver crimes committed by atavistic or + congenital criminals, of by persons inclining toward crime from acquired + habit or mental alienation, the positive school of criminology reserves + segregation for an indefinite time, for it is absurd to fix the time + beforehand in the case of a dangerous degenerate who has committed a + grave crime. +</p> +<p> + The question of indeterminate sentences has been recently discussed also + by Pessina, who combats it, of course, because the essence of the + classic school of criminology is retribution for a fault by means of + corresponding punishment. We might reply that no human judge can use any + other but the grossest scale by which to determine whether you are + responsible to the extent of the whole, one half, or one third. And + since there is no absolute or objective criterion by which the ratio of + crime to punishment can be determined, penal justice becomes a game of + chance. But we content ourselves by pointing out that segregation for an + indefinite time has so much truth in it, that even the most orthodox of + the classic school admit it, for instance in the case of criminals under + age. Now, if an indeterminate sentence is a violation of the principles + of the classic school, I cannot understand why it can be admitted in the + case of minors, but not in the case of adults. This is evidently an + expedient imposed by the exigencies of practical life, and only the + positive school of criminology can meet them by a logical + systematization. For the rest, indefinite segregation, such as we + propose for the most dangerous atavistic criminals, is a measure which + is already in use for ordinary lunatics as well us for criminal + lunatics. But it may be said that this is an administrative measure, not + a court sentence. Well, if any one is so fond of formulas as to make + this objection, he may get all the fun out of them that he likes. But it + is a fact that an insane person who has committed a crime is sent to a + building with iron bars on its gates such as a prison has. You may call + it an administrative building or a penal institute, the name is + unessential, for the substance alone counts. We maintain that congenital + or pathological criminals cannot be locked up for a definite term in any + institution, but should remain there until they are adapted for the + normal life of society. +</p> +<p> + This radical reform of principles carries with it a radical + transformation of details. Given an indeterminate segregation, there + should be organs of guardianship for persons so secluded, for instance + permanent committees for the periodical revision of sentences. In the + future, the criminal judge will always secure ample evidence to prove + whether a defendant is really guilty, for this is the fundamental point. + If it is certain that he has committed the crime, he should either be + excluded from social intercourse or sentenced to mate good the damage, + provided the criminal is not dangerous and the crime not grave. It is + absurd to sentence a man to five or six days imprisonment for some + insignificant misdemeanor. You lower him in the eyes of the public, + subject him to surveillance by the police, and send him to prison from + whence he will go out more corrupted than he was on entering it. It is + absurd to impose segregation in prison for small errors. Compensation + for injuries is enough. For the segregation of the graver criminals, the + management must be as scientific as it is now in insane asylums. It is + absurd to place an old pensioned soldier or a hardened bureaucrat at the + head of a penal institution. It is enough to visit one of those + compulsory human beehives and to see how a military discipline carries a + brutal hypocrisy into it. The management of such institutions must be + scientific, and the care of their inmates must be scientific, since a + grave crime is always a manifestation of the pathological condition of + the individual. In America there are already institutions, such as the + Elmira Reformatory, where the application of the methods of the positive + school of criminology has been solemnly promised. The director of the + institution is a psychologist, a physician. When a criminal under age is + brought in, he is studied from the point of view of physiology and + psychology. The treatment serves to regenerate the plants who, being + young, may still be straightened up. Scientific therapeutics can do + little for relapsed criminals. The present repression of crime robs the + prisoner of his personality and reduces him to a number, either in mass + imprisonment which corrupts him completely, or in solitary confinement, + which will turn him into a stupid or raving beast. +</p> +<p> + These methods are also gradually introduced in the insane asylums. I + must tell you a little story to illustrate this. When I was a professor + in Pisa, eight years ago, I took my students to the penitentiaries and + the asylum for the criminal insane in Montelupo, as I always used to do. + Dr. Algieri, the director of this asylum, showed us among others a very + interesting case. This was a man of about 45, whose history was shortly + the following: He was a bricklayer living in one of the cities of + Toscana. He had been a normal and honest man, a very good father, until + one unlucky day came, in which a brick falling from a factory broke a + part of his skull. He fell down unconscious, was picked up, carried to + the hospital, and cured of his external injury, but lost both his + physical and moral health. He became an epileptic. +</p> +<p> + And the lesion to which the loss of the normal function of his nervous + system was due transformed him from the docile and even-tempered man + that he had been into a quarrelsome and irritable individual, so that + he was less regular in his work, less moral and honest in his family + life, and was finally sentenced for a grave assault in a saloon brawl. + He was condemned as a common criminal to I don't know how many years of + imprisonment. But in prison, the exceptional conditions of seclusion + brought on a deterioration of his physical and moral health, his + epileptic fits became more frequent, his character grew worse. The + director of the prison sent him to the asylum for the insane criminals + at Montelupo, which shelters criminals suspected of insanity and insane + criminals. +</p> +<p> + Dr. Algieri studied the interesting case and came to the diagnosis that + there was splinter of bone in the man's brain which had not been noticed + in the treatment at the hospital, and that this was the cause of the + epilepsy and demoralization of the prisoner. He trepanned a portion of + the skull around the old wound and actually found a bone splinter lodged + in the man's brain. He removed the splinter, and put a platinum plate + over the trepanned place to protect the brain. The man improved, the + epileptic fits ceased, his moral condition became as normal as before, + and this bricklayer (how about the free will?) was dismissed from the + asylum, for he had given proofs of normal behavior for about five or six + months, thanks to the wisdom of the doctor who had relieved him of the + lesion which had made him epileptic and immoral. If this asylum for + insane criminals had not been in existence, he would have ended in a + padded cell, the same as another man whom I and my students saw a few + years ago in the Ancona penitentiary. The director, an old soldier, said + to me: "Professor, I shall show you a type of human beast. He is a man + who passes four fifths of the year in a padded cell." After calling six + attendants, "because we must be careful," we went to the cell, and I + said to that director: "Please, leave this man to me. I have little + faith in the existence of human beasts. Keep the attendants at a + distance." "No," replied the director, "my responsibility does not + permit me to do that." +</p> +<p> + But I insisted. The cell was opened, and the man came out of it really + like a wild beast with bulging eyes and distorted face. But I met him + with a smile and said to him kindly: "How are you?" This change of + treatment immediately changed the attitude of the man. He first had a + nervous fit and then broke into tears and told me his story with the + eloquence of suffering. He said that he had some days in which he was + not master of himself, but he recognized that he was good whenever the + attacks of temper were over. Without saying so, he thus invoked the + wisdom of human psychology for better treatment. There is indeed a + physician in those prisons, but he treats generally only the ordinary + diseases and is not familiar with special psychological knowledge. There + may be exceptions, and in that case it is a lucky coincidence. But the + prison doctor has also his practice outside and hurries through his + prison work. "They simulate sickness in order to get out of prison," he + says. And this will be so all the more that the physicians of our time + have not sufficient training in psychology to enable them to do justice + to the psychology of the criminal. +</p> +<p> + You must, therefore, give a scientific management to these institutions, + and you will then render humane even the treatment of those grave and + dangerous criminals, whose condition cannot be met by a simple + compensation of the injury they have done to others. +</p> +<p> + This is the function of repression as we look upon it, an inevitable + result of the positive data regarding the natural origin of crime. +</p> +<p> + We believe, in other words, that repression will play but an unimportant + role in the future. We believe that every branch of legislation will + come to prefer the remedies of social hygiene to those symptomatic + remedies and apply them from day to day. And thus we come to the theory + of the prevention of crime. Some say: "it is better to repress than to + prevent." Others say: "It is better to prevent than to repress." In + order to solve this conflict we must remember that there are two widely + different kinds of repression. There is the immediate, direct empirical + repression, which does not investigate the cause of criminality, but + waits until the crime is about to be committed. That is police + prevention. There is on the other hand a social prevention which has an + indirect and more remote function, which does not wait until crime is + about to be committed, but locates the causes of crime in poverty, + abandoned children, trampdom, etc, and seeks to prevent these + conditions by remote and indirect means. In Italy, prevention is + anonymous with arrest. That is to say, by repression is understood only + police repression. Under these circumstances, it is well to take it for + granted that some of the expected crimes will be carried out, for crimes + are not committed at fixed periods after first informing the police. The + damage done by criminality, and especially by political and social + criminality, against which police repression is particularly directed, + will be smaller than that done by the abuse inseparably connected with + police power. In the case of atavistic criminality, prevention does not + mean handcuffing of the man who is about to commit a crime, but devising + such economic and educational measures in the family and administration + as will eliminate the causes of crime or attenuate them, precisely + because punishment is less effective than prevention. +</p> +<p> + In other words, in order to prevent crime, we must have recourse to + measures which I have called "substitutes for punishment," and which + prevent, the development of crime, because they go to the source in + order to do away with effects. +</p> +<p> + Bentham narrates that the postal service in England, in the 18th + century, was in the hands of stage drivers, but this service was not + connected with the carrying of passengers, as became the custom later. + And then it was impossible to get the drivers to arrive on time, + because they stopped too often at the inns. Fines were imposed, + imprisonment was resorted to, yet the drivers arrived late. The + penalties did not accomplish any results so long as the causes remained. + Then the idea was conceived to carry passengers on the postal stages, + and that stopped the drivers from being late, because whenever they made + a halt, the passengers, who had an interest in arriving on time, called + the drivers and did not give them much time to linger. This is an + illustration of a substitute for punishment. +</p> +<p> + Another illustration. In the Middle Ages, up to the eve of our modern + civilization, piracy was in vogue. Is there anything that was not tried + to suppress piracy? The pirates were persecuted like wild beasts. + Whenever they were caught they were condemned to the most terrible forms + of death. Yet piracy continued. Then came the application of steam + navigation, and piracy disappeared as by magic. And robbery and + brigandage? They withstood the death penalty and extraordinary raids by + soldiers. And we witness today the spectacle of a not very serious + contest between the police who wants to catch a brigand, Musolino; and + a brigand who does not wish to be caught. +</p> +<p> + Wherever the woods are not traversed by railroads or tramways, + brigandage carries on its criminal trade. But wherever railroads and + tramways exist, brigandage is a form of crime which disappears. You may + insist on death penalties and imprisonment, but assault and robbery will + continue, because it is connected with geographical conditions. Use on + the other hand the instrument of civilization, without sentencing any + one, and brigandage and robbery will disappear before its light. And if + human beings in large industrial centers are herded together in + tenements and slum hotels, how can a humane judge aggravate the + penalties against sexual crimes? How can the sense of shame develop + among people, when young and old of both sexes are crowded together in + the same bed, in the same corrupted and corrupting environment, which + robs the human soul of every noble spark? +</p> +<p> + I might stray pretty far, if I were to continue these illustrations of + social hygiene which will be the true solution of the problem and the + supreme systematic, daily humane, and bloodless remedy against the + disease of criminality. However, we have not the simple faith that in + the near or far future of humanity crimes can ever be wholly eradicated. + Even Socialism, which looks forward to a fundamental transformation of + future society on the basis of brotherhood and social justice, cannot + elevate itself to the absolute and naive faith that criminality, + insanity, and suicide can ever fully disappear from the earth. But it is + our firm conviction that the endemic form of criminality, insanity, and + suicide will disappear, and that nothing will remain of them but rare + sporadic forms caused by lesion or telluric and other influences. +</p> +<p> + Since we have made the great discovery that malaria, which weighs upon + so many parts in Italy, is dependent for its transmission on a certain + mosquito, we have acquired the control of malarial therapeutics and are + enabled to protect individuals and families effectively against malaria. + But aside from this function of protecting people, there must be a + social prevention, and since those malarial insects can live only in + swampy districts, it is necessary to bring to those unreclaimed lands + the blessing of the hoe and plow, in order to remove the cause and do + away with the effects. The same problem confronts us in criminology. In + the society of the future we shall undertake this work of social + hygiene, and thereby we shall remove the epidemic forms of criminality. + And nine-tenths of the crimes will then disappear, so that nothing will + remain of them but exceptional cases. There will remain, for instance, + such cases as that of the bricklayer which I mentioned, because there + may always be accidents, no matter what may be the form of social + organization, and nervous disorders may thus appear in certain + individuals. But you can see that these would be exceptional cases of + criminality, which will be easily cured under the direction of science, + that will be the supreme and beneficent manager of institutes for the + segregation of those who will be unfit for social intercourse. The + problem of criminality will thus be solved as far as possible, because + the gradual transformation of society will eliminate the swamps in which + the miasma of crime may form and breed. +</p> +<p> + If we wish to apply these standards to an example which today attracts + the attention of all Italy to this noble city, if we desire to carry our + theories into the practice of contemporaneous life, if science is to + respond to the call of life, let us throw a glance at that form of + endemic criminality known as the Camorra in this city, which has taken + root here just as stabbing affrays have in certain centers of Turin, and + the Mafia in certain centers of Sicily. In the first place, we must not + be wilfully blind to facts and refuse to see that the citizens will + protect themselves, if social justice does not do so. And from that to + crime there is but a shot step. But which is the swampy soil in which + this social disease can spread and persist like leprosy in tin + collective organism? It is the economic poverty of the masses, which + lends to intellectual and moral poverty. +</p> +<p> + You have lately had in Naples a very fortunate struggle, which seems to + have overcome one of the representatives of the high Camorra. But can we + believe that the courageous work of a few public writers has touched the + roots of the Camorra in this city? It would be self-deception to think + so. For we see that plants blossom out again, even after the most + destructive hurricane has passed over them. +</p> +<p> + The healing of society is not so easy, that a collective plague may be + cured by the courageous acts of one or more individuals. The process is + much slower and more complicated. Nevertheless these episodes are + milestones of victory in the onward march of civilization, which will + paralyze the historical manifestations of social criminality. Here, + then, we have a city in which some hundred thousand people rise every + morning and do not know how to get a living, who have no fixed + occupation, because there is not enough industrial development to reach + that methodical application of labor which lifted humanity out of the + prehistoric forests. Truly, the human race progresses by two uplifting + energies: War and labor. +</p> +<p> + In primitive and savage society, when the human personality did not know + the check of social discipline, a military discipline held the members + of the tribe together. But war, while useful in primitive society, loses + its usefulness more and more, because it carries within itself the + cancer that paralyzes it. +</p> +<p> + While war compels collective groups to submit to the co-ordinating + discipline of human activity, it also decreases the respect for human + life. The soldier who kills his fellow man of a neighboring nation by a + stroke of his sword will easily lose the respect for the life of + members of his own social group. Then the second educational energy + interferes, the energy of labor, which makes itself felt at the decisive + moment of prehistoric development, when the human race passes from a + pastoral, hunting, and nomadic life Into an agriculture and settled + life. This is the historic stage, in which the collective ownership of + land and instruments of production is displaced by communal property, + family property, and finally individual property. During these stages, + humanity passes from individual and isolated labor in collective, + associated, co-ordinated labor. The remains of the neolithic epoch show + us the progress of the first workshops, in which our ancestors gathered + and fashioned their primitive tools and arms. They give us an idea of + associated and common labor, which then becomes the great uplifting + energy, because, unlike war, it does not carry within itself a disdain + or violation of the rights of others. Labor is the sole perennial energy + of mankind which leads to social perfection. But if you have 100,000 + persons in a city like Naples who do not enjoy the certainty and + discipline of employment at methodical and common labor, you need not + wonder that the uncertainty of daily life, an illfed stomach, and an + anemic brain, result in the atrophy of all moral sentiment, and that the + evil plant of the Camorra spreads out over everything. The processes in + the law courts may attract the fleeting attention of public opinion, of + legislation, of government, to the disease from which this portion of + the social organism is suffering, but mere repression will not + accomplish anything lasting. +</p> +<p> + The teaching of science tells us plainly that in such a case of endemic + criminality social remedies must be applied to social evils. Unless the + remedy of social reforms accompanies the development and protection of + labor; unless justice is assured to every member of the collectivity, + the courage of this or that citizen is spent in vain, and the evil plant + will continue to thrive in the jungle. +</p> +<p> + Taught by the masterly and inflexible logic of facts, we come to the + adoption of the scientific method in criminal research and conclude that + a simple and uniform remedy like punishment is not adequate to cure such + a natural and social phenomenon as crime, which has its own natural and + social causes. The measures for the preservation of society against + criminality must be manifold, complex and varied, and must be the + outcome of persevering and systematic work on the part of legislators + and citizens on the solid foundation of a systematic collective economy. +</p> +<p> + Let me take leave of you with this practical conclusion, and give my + heart freedom to send to my brain a wave of fervent blood, which shall + express my enduring gratitude for the reception which you have given me. + Old in years, but young in spirit and energetic aspiration to every high + ideal, I tender you my sincere thanks. As a man and a citizen, I thank + you, because these three lectures have been for me a fountain of youth, + of faith, of enthusiasm. Thanks to them I return to the other fields of + my daily occupation with a greater faith in the future of my country and + of humanity. To you, young Italy, I address these words of thanks, glad + and honored, if my words have aroused in your soul one breath which will + make you stronger and more confident in the future of civilization and + social justice. +</p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 10580 ***</div> +</body> +</html> diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..d6933b8 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #10580 (https://www.gutenberg.org/ebooks/10580) diff --git a/old/10580-8.txt b/old/10580-8.txt new file mode 100644 index 0000000..50b4a5e --- /dev/null +++ b/old/10580-8.txt @@ -0,0 +1,2663 @@ +Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Positive School of Criminology + Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 + +Author: Enrico Ferri + +Release Date: January 2, 2004 [EBook #10580] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE POSITIVE SCHOOL OF CRIMINOLOGY *** + + + + +Produced by Afra Ullah and PG Distributed Proofreaders + + + + +THE POSITIVE SCHOOL OF CRIMINOLOGY + +Three Lectures + +Given at the University of Naples, Italy on April 22, 23 and 24, 1901 + + +By Enrico Ferri + +Translated by Ernest Untermann + + +Chicago + +Charles H. Kerr & Company + +1908 + + + + + +THE POSITIVE SCHOOL OF CRIMINOLOGY + + +I. + +My Friends: + +When, in the turmoil of my daily occupation, I received an invitation, +several months ago, from several hundred students of this famous +university, to give them a brief summary, in short special lectures, of +the principal and fundamental conclusions of criminal sociology, I +gladly accepted, because this invitation fell in with two ideals of +mine. These two ideals are stirring my heart and are the secret of my +life. In the first place, this invitation chimed with the ideal of my +personal life, namely, to diffuse and propagate among my brothers the +scientific ideas, which my brain has accumulated, not through any merit +of mine, but thanks to the lucky prize inherited from my mother in the +lottery of life. And the second ideal which this invitation called up +before my mind's vision was this: The ideal of young people of Italy, +united in morals and intellectual pursuits, feeling in their social +lives the glow of a great aim. It would matter little whether this aim +would agree with my own ideas or be opposed to them, so long as it +should be an ideal which would lift the aspirations of the young people +out of the fatal grasp of egoistic interests. Of course, we positivists +know very well, that the material requirements of life shape and +determine also the moral and intellectual aims of human consciousness. +But positive science declares the following to be the indispensable +requirement for the regeneration of human ideals: Without an ideal, +neither an individual nor a collectivity can live, without it humanity +is dead or dying. For it is the fire of an ideal which renders the life +of each one of us possible, useful and fertile. And only by its help can +each one of us, in the more or less short course of his or her +existence, leave behind traces for the benefit of fellow-beings. The +invitation extended to me proves that the students of Naples believe in +the inspiring existence of such an ideal of science, and are anxious to +learn more about ideas, with which the entire world of the present day +is occupied, and whose life-giving breath enters even through the +windows of the dry courtrooms, when their doors are closed against it. + + * * * * * + +Let us now speak of this new science, which has become known in Italy by +the name of the Positive School of Criminology. This science, the same +as every other phenomenon of scientific evolution, cannot be +shortsightedly or conceitedly attributed to the arbitrary initiative of +this or that thinker, this or that scientist. We must rather regard it +as a natural product, a necessary phenomenon, in the development of that +sad and somber department of science which deals with the disease of +crime. It is this plague of crime which forms such a gloomy and painful +contrast with the splendor of present-day civilization. The 19th century +has won a great victory over mortality and infectious diseases by means +of the masterful progress of physiology and natural science. But while +contagious diseases have gradually diminished, we see on the other hand +that moral diseases are growing more numerous in our so-called +civilization. While typhoid fever, smallpox, cholera and diphtheria +retreated before the remedies which enlightened science applied by means +of the experimental method, removing their concrete causes, we see on +the other hand that insanity, suicide and crime, that painful trinity, +are growing apace. And this makes it very evident that the science which +is principally, if not exclusively, engaged in studying these phenomena +of social disease, should feel the necessity of finding a more exact +diagnosis of these moral diseases of society, in order to arrive at some +effective and more humane remedy, which should more victoriously combat +this somber trinity of insanity, suicide and crime. + +The science of positive criminology arose in the last quarter of the +19th century, as a result of this strange contrast, which would be +inexplicable, if we could not discover historical and scientific reasons +for its existence. And it is indeed a strange contrast that Italy should +have arrived at a perfect theoretical development of a classical school +of criminology, while there persists, on the other hand, the disgraceful +condition that criminality assumes dimensions never before observed in +this country, so that the science of criminology cannot stem the tide of +crime in high and low circles. It is for this reason, that the positive +school of criminology arises out of the very nature of things, the same +as every other line of science. It is based on the conditions of our +daily life. It would indeed be conceited on our part to claim that we, +who are the originators of this new science and its new conclusions, +deserve alone the credit for its existence. The brain of the scientist +is rather a sort of electrical accumulator, which feels and assimilates +the vibrations and heart-beats of life, its splendor and its shame, and +derives therefrom the conviction that it must of necessity provide for +definite social wants. And on the other hand, it would be an evidence of +intellectual short-sightedness on the part of the positivist man of +science, if he did not recognize the historical accomplishments, which +his predecessors on the field of science have left behind as indelible +traces of their struggle against the unknown in that brilliant and +irksome domain. For this reason, the adherents of the positive school of +criminology feel the most sincere reverence for the classic school of +criminology. And I am glad today, in accepting the invitation of the +students of Naples, to say, that this is another reason why their +invitation was welcome to me. It is now 16 years since I gave in this +same hall a lecture on positive criminology, which was then in its +initial stages. It was in 1885, when I had the opportunity to outline +the first principles of the positive school of criminology, at the +invitation of other students, who preceded you on the periodic waves of +the intellectual generations. And the renewal of this opportunity gave +me so much moral satisfaction that, I could not under any circumstances +decline your invitation. Then too, the Neapolitan Atheneum has +maintained the reputation of the Italian mind in the 19th century, also +in that science which even foreign scientists admit to be our specialty, +namely the science of criminology. In fact, aside from the two terrible +books of the Digest, and from the practical criminologists of the Middle +Ages who continued the study of criminality, the modern world opened a +glorious page in the progress of criminal science with the modest little +book of Cesare Beccaria. This progress leads from Cesare Beccaria, by +way of Francesco Carrara, to Enrico Pessina. + +Enrico Pessina alone remains of the two giants who concluded the cycle +of classic school of criminology. In a lucid moment of his scientific +consciousness, which soon reverted to the old abstract and metaphysical +theories, he announced in an introductory statement in 1879, that +criminal justice would have to rejuvenate itself in the pure bath of the +natural sciences and substitute in place of abstraction the living and +concrete study of facts. Naturally every scientist has his function and +historical significance; and we cannot expect that a brain which has +arrived at the end of its career should turn towards a new direction. At +any rate, it is a significant fact that this most renowned +representative of the classic school of criminology should have pointed +out this need of his special science in this same university of Naples, +one year after the inauguration of the positive school of criminology, +that he should have looked forward to a time when the study of natural +and positive facts would set to rights the old juridical abstractions. +And there is still another precedent in the history of this university, +which makes scientific propaganda at this place very agreeable for a +positivist. It is that six years before that introductory statement by +Pessina, Giovanni Bovio gave lectures at this university, which he +published later on under the title of "A Critical Study of Criminal +Law." Giovanni Bovio performed in this monograph the function of a +critic, but the historical time of his thought, prevented him from +taking part in the construction of a new science. However, he prepared +the ground for new ideas, by pointing out all the rifts and weaknesses +of the old building. Bovio maintained that which Gioberti, Ellero, +Conforti, Tissol had already maintained, namely that it is impossible to +solve the problem which is still the theoretical foundation of the +classic school of criminology, the problem of the relation between +punishment and crime. No man, no scientist, no legislator, no judge, has +ever been able to indicate any absolute standard, which would enable us +to say that equity demands a definite punishment for a definite crime. +We can find some opportunistic expedient, but not a solution of the +problem. Of course, if we could decide which is the gravest crime, then +we could also decide on the heaviest sentence and formulate a descending +scale which would establish the relative fitting proportions between +crime and punishment. If it is agreed that patricide is the gravest +crime, we meet out the heaviest sentence, death or imprisonment for +life, and then we can agree on a descending scale of crime and on a +parallel scale of punishments. But the problem begins right with the +first stone of the structure, not with the succeeding steps. Which is +the greatest penalty proportional to the crime of patricide? Neither +science, nor legislation, nor moral consciousness, can offer an absolute +standard. Some say: The greatest penalty is death. Others say: No, +imprisonment for life. Still others say: Neither death, nor imprisonment +for life, but only imprisonment for a time. And if imprisonment for a +time is to be the highest penalty, how many years shall it last +--thirty, or twenty-five, or ten? + +No man can set up any absolute standard in this matter. Giovanni Bovio +thus arrived at the conclusion that this internal contradiction in the +science of criminology was the inevitable fate of human justice, and +that this justice, struggling in the grasp of this internal +contradiction, must turn to the civil law and ask for help in its +weakness. The same thought had already been illumined by a ray from the +bright mind of Filangieri, who died all too soon. And we can derive from +this fact the historical rule that the most barbarian conditions of +humanity show a prevalence of a criminal code which punishes without +healing; and that the gradual progress of civilization will give rise +to the opposite conception of healing without punishing. + +Thus it happens that this university of Naples, in which the illustrious +representative of the classic school of criminology realized the +necessity of its regeneration, and in which Bovio foresaw its sterility, +has younger teachers now who keep alive the fire of the positivist +tendency in criminal science, such as Penta, Zuccarelli, and others, +whom you know. Nevertheless I feel that this faculty of jurisprudence +still lacks oxygen in the study of criminal law, because its thought is +still influenced by the overwhelming authority of the name of Enrico +Pessina. And it is easy to understand that there, where the majestic +tree spreads out its branches towards the blue vault, the young plant +feels deprived of light and air, while it might have grown strong and +beautiful in another place. + +The positive school of criminology, then, was born in our own Italy +through the singular attraction of the Italian mind toward the study of +criminology; and its birth is also due to the peculiar condition our +country with its great and strange contrast between the theoretical +doctrines and the painful fact of an ever increasing criminality. + +The positive school of criminology was inaugurate by the work of Cesare +Lombroso, in 1872. From 1872 to 1876 he opened a new way for the study +of criminality by demonstrating in his own person that we must first +understand the criminal who offends, before we can study and understand +his crime. Lombroso studied the prisoners in the various penitentiaries +of Italy from the point of view of anthropology. And he compiled his +studies in the reports of the Lombardian Institute of Science and +Literature, and published them later together in his work "Criminal +Man." The first edition of this work (1876) remained almost unnoticed, +either because its scientific material was meager, or because Cesare +Lombroso had not yet drawn any general scientific conclusions, which +could have attracted the attention of the world of science and law. But +simultaneously with its second edition (1878) there appeared two +monographs, which constituted the embryo of the new school, +supplementing the anthropological studies of Lombroso with conclusions +and systematizations from the point of view of sociology and law. +Raffaele Garofalo published in the Neapolitan Journal of Philosophy and +Literature an essay on criminality, in which he declared that the +dangerousness of the criminal was the criterion by which society should +measure the function of its defense against the disease of crime. And in +the same year, 1878, I took occasion to publish a monograph on the +denial of free will and personal responsibility, in which I declared +frankly that from now on the science of crime and punishment must look +for the fundamental facts of a science of social defense against crime +in the human and social life itself. The simultaneous publication of +these three monographs caused a stir. The teachers of classic +criminology, who had taken kindly to the recommendations of Pessina and +Ellero, urging them to study the natural sources of crime, met the new +ideas with contempt, when the new methods made a determined and radical +departure, and became not only the critics, but the zealous opponents of +the new theories. And this is easy to understand. For the struggle for +existence is an irresistible law of nature, as well for the thousands of +germs scattered to the winds by the oak, as for the ideas which grow in +the brain of man. But persecutions, calumnies, criticisms, and +opposition are powerless against an idea, if it carries within itself +the germ of truth. Moreover, we should look upon this phenomenon of a +repugnance in the average intellect (whether of the ordinary man or the +scientist) for all new ideas as a natural function. For when the brain +of some man has felt the light of a new idea, a sneering criticism +serves us a touchstone for it. If the idea is wrong, it will fall by the +wayside; if it is right, then criticisms, opposition and persecution +will cull the golden kernel from the unsightly shell, and the idea will +march victoriously over everything and everybody. It is so in all walks +of life--in art, in politics, in science. Every new idea will rouse +against itself naturally and inevitably the opposition of the accustomed +thoughts. This is so true, that when Cesare Beccaria opened the great +historic cycle of the classic school of criminology, he was assaulted by +the critics of his time with the same indictments which were brought +against us a century later. + +When Cesare Beccaria printed his book on crime and penalties in 1774 +under a false date and place of publication, reflecting the aspirations +which gave rise to the impending hurricane of the French revolution; +when he hurled himself against all that was barbarian in the mediaeval +laws and set loose a storm of enthusiasm among the encyclopedists, and +even some of the members of government, in France, he was met by a wave +of opposition, calumny and accusation on the part of the majority of +jurists, judges and lights of philosophy. The abbé Jachinci published +four volumes against Beccaria, calling him the destroyer of justice and +morality, simply because he had combatted the tortures and the death +penalty. + +The tortures, which we incorrectly ascribe to the mental brutality of +the judges of those times, were but a logical consequence of the +contemporaneous theories. It was felt that in order to condemn a man, +one must have the certainty of his guilty, and it was said that the best +means of obtaining tins certainty, the queen of proofs, was the +confession of the criminal. And if the criminal denied his guilt, it was +necessary to have recourse to torture, in order to force him to a +confession which he withheld from fear of the penalty. The torture +soothed, so to say, the conscience of the judge, who was free to condemn +as soon as he had obtained a confession. Cesare Beccaria rose with +others against the torture. Thereupon the judges and jurists protested +that penal justice would be impossible, because it could not get any +information, since a man suspected of a crime would not confess his +guilt voluntarily. Hence they accused Beccaria of being the protector of +robbers and murderers, because he wanted to abolish the only means of +compelling them to a confession, the torture. But Cesare Beccaria had on +his side the magic power of truth. He was truly the electric accumulator +of his time, who gathered from its atmosphere the presage of the coming +revolution, the stirring of the human conscience. You can find a similar +illustration in the works of Daquin in Savoy, of Pinel in France, and of +Hach Take in England, who strove to bring about a revolution in the +treatment of the insane. This episode interests us especially, because +it is a perfect illustration of the way traveled by the positive school +of criminology. The insane were likewise considered to blame for their +insanity. At the dawn of the 19th century, the physician Hernroth still +wrote that insanity was a moral sin of the insane, because "no one +becomes insane, unless he forsakes the straight path of virtue and of +the fear of the Lord." + +And on this assumption the insane were locked up in horrible dungeons, +loaded down with chains, tortured and beaten, for lo! their insanity was +their own fault. + +At that period, Pinel advanced the revolutionary idea that insanity was +not a sin, but a disease like all other diseases. This idea is now a +commonplace, but in his time it revolutionized the world. It seemed as +though this innovation inaugurated by Pinel would overthrow the world +and the foundations of society. Well, two years before the storming of +the Bastile Pinel walked into the sanitarium of the Salpetriere and +committed the brave act of freeing the insane of the chains that weighed +them down. He demonstrated in practice that the insane, when freed of +their chains, became quieter, instead of creating wild disorder and +destruction. This great revolution of Pinel, Chiarugi, and others, +changed the attitude of the public mind toward the insane. While +formerly insanity had been regarded as a moral sin, the public +conscience, thanks to the enlightening work of science, henceforth had +to adapt itself to the truth that insanity is a disease like all +others, that a man does not become insane because he wants to, but that +he becomes insane through hereditary transmission and the influence of +the environment in which he lives, being predisposed toward insanity and +becoming insane under the pressure of circumstances. + +The positive school of criminology accomplished the same revolution in +the views concerning the treatment of criminals that the above named men +of science accomplished for the treatment of the insane. The general +opinion of classic criminalists and of the people at large is that crime +involves a moral guilt, because it is due to the free will of the +individual who leaves the path of virtue and chooses the path of crime, +and therefore it must be suppressed by meeting it with a proportionate +quantity of punishment. This is to this day the current conception of +crime. And the illusion of a free human will (the only miraculous factor +in the eternal ocean of cause and effect) leads to the assumption that +one can choose freely between virtue and vice. How can you still believe +in the existence of a free will, when modern psychology armed with all +the instruments of positive modern research, denies that there is any +free will and demonstrates that every act of a human being is the +result of an interaction between the personality and the environment of +man? + +And how is it possible to cling to that obsolete idea of moral guilt, +according to which every individual is supposed to have the free choice +to abandon virtue and give himself up to crime? The positive school of +criminology maintains, on the contrary, that it is not the criminal who +wills; in order to be a criminal it is rather necessary that the +individual should find himself permanently or transitorily in such +personal, physical and moral conditions, and live in such an +environment, which become for him a chain of cause and effect, +externally and internally, that disposes him toward crime. This is our +conclusion, which I anticipate, and it constitutes the vastly different +and opposite method, which the positive school of criminology employs as +compared to the leading principle of the classic school of criminal +science. + +In this method, this essential principle of the positive school of +criminology, you will find another reason for the seemingly slow advance +of this school. That is very natural. If you consider the great reform +carried by the ideas of Cesare Beccaria into the criminal justice of +the Middle Age, you will see that the great classic school represents +but a small step forward, because it leaves the penal justice on the +same theoretical and practical basis which it had in the Middle Age and +in classic antiquity, that is to say, based on the idea of a moral +responsibility of the individual. For Beccaria, for Carrara, for their +predecessors, this idea is no more nor less than that mentioned in books +47 and 48 of the Digest: "The criminal is liable to punishment to the +extent that he is morally guilty of the crime he has committed." The +entire classic school is, therefore, nothing but a series of reforms. +Capital punishment has been abolished in some countries, likewise +torture, confiscation, corporal punishment. But nevertheless the immense +scientific movement of the classic school has remained a mere reform. + +It has continued in the 19th century to look upon crime in the same way +that the Middle Age did: "Whoever commits murder or theft, is alone the +absolute arbiter to decide whether he wants to commit the crime or not." +This remains the foundation of the classic school of criminology. This +explains why it could travel on its way more rapidly than the positive +school of criminology. And yet, it took half a century from the time of +Beccaria, before the penal codes showed signs of the reformatory +influence of the classic school of criminology. So that it has also +taken quite a long time to establish it so well that it became accepted +by general consent, as it is today. The positive school of criminology +was born in 1878, and although it does not stand for a mere reform of +the methods of criminal justice, but for a complete and fundamental +transformation of criminal justice itself, it has already gone quite a +distance and made considerable conquests which begin to show in our +country. It is a fact that the penal code now in force in this country +represents a compromise, so far as the theory of personal responsibility +is concerned, between the old theory of free will and the conclusions of +the positive school which denies this free will. + +You can find an illustration of this in the eloquent contortions of +phantastic logic in the essays on the criminal code written by a great +advocate of the classic school of criminology, Mario Pagano, this +admirable type of a scientist and patriot, who does not lock himself up +in the quiet egoism of his study, but feels the ideal of his time +stirring within him and gives up his life to it. He has written three +lines of a simple nudity that reveals much, in which he says: "A man is +responsible for the crimes which he commits; if, in committing a crime, +his will is half free, he is responsible to the extent of one-half; if +one-third, he is responsible one-third." There you have the +uncompromising and absolute classic theorem. But in the penal code of +1890, you will find that the famous article 45 intends to base the +responsibility for a crime on the simple will, to the exclusion of the +free will. However, the Italian judge has continued to base the exercise +of penal justice on the supposed existence of the free will, and +pretends not to know that the number of scientists denying the free will +is growing. Now, how is it possible that so terrible an office as that +of sentencing criminals retains its stability or vacillates, according +to whether the first who denies the existence of a free will deprives +this function of its foundation? + +Truly, it is said that this question has been too difficult for the new +Italian penal code. And, for this reason, it was thought best to base +the responsibility for a crime on the idea that a man is guilty simply +for the reason that he wanted to commit the crime; and that he is not +responsible if he did not want to commit it. But this is an eclectic way +out of the difficulty, which settles nothing, for in the same code we +have the rule that involuntary criminals are also punished, so that +involuntary killing and wounding are punished with imprisonment the same +as voluntary deeds of this kind. We have heard it said in such cases +that the result may not have been intended, but the action bringing it +about was. If a hunter shoots through a hedge and kills or wounds a +person, he did not intend to kill, and yet he is held responsible +because his first act, the shooting, was voluntary. + +That statement applies to involuntary crimes, which are committed by +some positive act. But what about involuntary crimes of omission? In a +railway station, where the movements of trains represent the daily whirl +of traffic in men, things, and ideas, every switch is a delicate +instrument which may cause a derailment. The railway management places a +switchman on duty at this delicate post. But in a moment of fatigue, or +because he had to work inhumanly long hours of work, which exhausted all +his nervous elasticity, or for other reasons, the switchman forgets to +set the switch and causes a railroad accident, in which people are +killed and wounded. Can it be said that he intended the first act? +Assuredly not, for he did not intend anything and did not do anything. +The hunter who fires a shot has at least had the intention of shooting. +But the switchman did not want to forget (for in that case he would be +indirectly to blame); he has simply forgotten from sheer fatigue to do +his duty; he has had no intention whatever, and yet you hold him +responsible in spite of all that! The fundamental logic of your +reasoning in this case corresponds to the logic of the things. Does it +not happen every day in the administration of justice that the judges +forget about the neutral expedient of the legislator who devised this +relative progress of the penal code, which pretends to base the +responsibility of a man on the neutral and naive criterion of a will +without freedom of will? Do they not follow their old mental habits in +the administration of justice and apply the obsolete criterion of the +free will, which the legislator thought fit to abandon? We see, then, +as a result of this imperfect and insincere innovation in penal +legislation this flagrant contradiction, that the magistrates assume the +existence of a free will, while the legislator has decided that it shall +not be assumed. Now, in science as well as in legislation, we should +follow a direct and logical line, such as that of the classic school or +the positive school of criminology. But whoever thinks he has solved a +problem when he gives us a solution which is neither fish nor fowl, +comes to the most absurd and iniquitous conclusions. You see what +happens every day. If to-morrow some beastly and incomprehensible crime +is committed, the conscience of the judge is troubled by this question: +Was the person who committed this crime morally free to act or not? He +may also invoke the help of legislation, and he may take refuge in +article 46,[A] or in that compromise of article 47,[B] which admits +a responsibility of one-half or one-third, and he would decide on a +penalty of one-half or one-third. + +All this may take place in the case of a grave and strange crime. And on +the other hand, go to the municipal courts or to the police courts, +where the magic lantern of justice throws its rays upon the nameless +human beings who have stolen a bundle of wood in a hard winter, or who +have slapped some one in the face during a brawl in a saloon. +And if they should find a defending lawyer who would demand the +appointment of a medical expert, watch the reception he would get from +the judge. When justice is surprised by a beastly and strange crime, it +feels the entire foundation of its premises shaking, it halts for a +moment, it calls in the help of legal medicine, and reflects before it +sentences. But in the case of those poor nameless creatures, justice +does not stop to consider whether that microbe in the criminal world who +steals under the influence of hereditary or acquired degeneration, or in +the delirium of chronic hunger, is not worthy of more pity. It rather +replies with a mephistophelian grin when he begs for a humane +understanding of his case. + +[A] Article 46: "A person is not subject to punishment, if at the moment +of his deed he was in a mental condition which deprived him of +consciousness or of the freedom of action. But if the judge considers it +dangerous to acquit the prisoner, he has to transfer him to the care of +the proper authorities, who will take the necessary precautions." + +[B] Article 47: "If the mental condition mentioned in the foregoing +article was such as to considerably decrease the responsibility, without +eliminating it entirely, the penalty fixed upon the crime committed is +reduced according to the following rules: + +"I. In place of penitentiary, imprisonment for not less than six years. + +"II. In place of the permanent loss of civic rights, a loss of these +rights for a stipulated time. + +"III. Whenever it is a question of a penalty of more than twelve years, +it is reduced to from three to ten years; if of more than six years, but +not more than twelve, it is reduced to from one to five years; in other +cases, the reduction is to be one-half of the ordinary penalty. + +"IV. A fine is reduced to one-half. + +"V. If the penalty would be a restriction of personal liberty, the judge +may order the prisoner to a workhouse, until the proper authorities +object, when the remainder of the sentence is carried out in the usual +manner." + +It is true that there is now and then in those halls of justice, which +remain all too frequently closed to the living wave of public sentiment, +some more intelligent and serene judge who is touched by this painful +understanding of the actual human life. Then he may, under the illogical +conditions of penal justice, with its compromise between the exactness +of the classic and that of the positive school of criminology, seek for +some expedient which may restore him to equanimity. + +In 1832, France introduced a penal innovation, which seemed to represent +an advance on the field of justice, but which is in reality a denial of +justice: The expedient of _extenuating circumstances_. The judge does +not ask for the advice of the court physician in the case of some +forlorn criminal, but condemns him without a word of rebuke to society +for its complicity. But in order to assuage his own conscience he grants +him extenuating circumstances, which seem a concession of justice, but +are, in reality, a denial of justice. For you either believe that a man +is responsible for his crime, and in that case the concession of +extenuating circumstances is a hypocrisy; or you grant them in good +faith, and then you admit that the man was in circumstances which +reduced his moral responsibility, and thereby the extenuating +circumstances become a denial of justice. For if your conviction +concerning such circumstances were sincere, you would go to the bottom +of them and examine with the light of your understanding all those +innumerable conditions which contribute toward those extenuating +circumstances. But what are those extenuating circumstances? Family +conditions? Take it that a child is left alone by its parents, who are +swallowed up in the whirl of modern industry, which overthrows the laws +of nature and forbids the necessary rest, because steam engines do not +get tired and day work must be followed by night work, so that the +setting of the sun is no longer the signal for the laborer to rest, but +to begin a new shift of work. Take it that this applies not alone to +adults, but also to human beings in the growing stage, whose muscular +power may yield some profit for the capitalists. Take it that even the +mother, during the period of sacred maternity, becomes a cog in the +machinery of industry. And you will understand that the child must grow +up, left to its own resources, in the filth of life, and that its +history will be inscribed in criminal statistics, which are the shame of +our so-called civilization. + +Of course, in this first lecture I cannot give you even a glimpse of the +positive results of that modern science which has studied the criminal +and his environment instead of his crimes. And I must, therefore, limit +myself to a few hints concerning the historical origin of the positive +school of criminology. I ought to tell you something concerning the +question of free will. But you will understand that such a momentous +question, which is worthy of a deep study of the many-sided physical, +moral, intellectual life, cannot be summed up in a few short words. I +can only say that the tendency of modern natural sciences, in physiology +as well as psychology, has overruled the illusions of those who would +fain persist in watching psychological phenomena merely within +themselves and think that they can understand them without any other +means. On the contrary, positive science, backed by the testimony of +anthropology and of the study of the environment, has arrived at the +following conclusions: The admission of a free will is out of the +question. For if the free will is but an illusion of our internal being, +it is not a real faculty possessed by the human mind. Free will would +imply that the human will, confronted by the choice of making +voluntarily a certain determination, has the last decisive word under +the pressure of circumstances contending for and against this decision; +that it is free to decide for or against a certain course independently +of internal and external circumstances, which play upon it, according to +the laws of cause and effect. + +Take it that a man has insulted me. I leave the place in which I have +been insulted, and with me goes the suggestion of forgiveness or of +murder and vengeance. And then it is assumed that a man has his complete +free will, unless he is influenced by circumstances explicitly +enumerated by the law, such as minority, congenital deaf-muteness, +insanity, habitual drunkenness and, to a certain extent, violent +passion. If a man is not in a condition mentioned in this list, he is +considered in possession of his free will, and if he murders he is held +morally responsible and therefore punished. + +This illusion of a free will has its source in our inner consciousness, +and is due solely to the ignorance in which we find ourselves concerning +the various motives and different external and internal conditions which +press upon our mind at the moment of decision. + +If a man knows the principal causes which determine a certain +phenomenon, he says that this phenomenon is inevitable. If he does not +know them, he considers it as an accident, and this corresponds in the +physical field to the arbitrary phenomenon of the human will which does +not know whether it shall decide this way or that. For instance, some of +us were of the opinion, and many still are, that the coming and going of +meteorological phenomena was accidental and could not he foreseen. But +in the meantime, science has demonstrated that they are likewise subject +to the law of causality, because it discovered the causes which enable +us to foresee their course. Thus weather prognosis has made wonderful +progress by the help of a network of telegraphically connected +meteorological stations, which succeeded in demonstrating the connection +between cause and effect in the case of hurricanes, as well as of any +other physical phenomenon. It is evident that the idea of accident, +applied to physical nature, is unscientific. Every physical phenomenon +is the necessary effect of the causes that determined it beforehand. If +those causes are known to us, we have the conviction that that +phenomenon is necessary, is fate, and, if we do not know them, we think +it is accidental. The same is true of human phenomena. But since we do +not know the internal and external causes in the majority of cases, we +pretend that they are free phenomena, that is to say, that they are not +determined necessarily by their causes. Hence the spiritualistic +conception of the free will implies that every human being, in spite of +the fact that their internal and external conditions are necessarily +predetermined, should be able to come to a deliberate decision by the +mere fiat of his or her free will, so that, even though the sum of all +the causes demands a no, he or she can decide in favor of yes, and vice +versa. Now, who is there that thinks, when deliberating some action, +what are the causes that determine his choice? We can justly say that +the greater part of our actions are determined by habit, that we make up +our minds almost from custom, without considering the reason for or +against. When we get up in the morning we go about our customary +business quite automatically, we perform it as a function in which we do +not think of a free will. We think of that only in unusual and grave +cases, when we are called upon to make some special choice, the +so-called voluntary deliberation, and then we weigh the reasons for or +against; we ponder, we hesitate what to do. Well, even in such cases, so +little depends on our will in the deliberations which we are about to +take that if any one were to ask us one minute before we have decided +what we are going to do, we should not know what we were going to +decide. So long as we are undecided, we cannot foresee what we are going +to decide; for under the conditions in which we live that part of the +psychic process takes place outside of our consciousness. And since we +do not know its causes, we cannot tell what will be its effects. Only +after we have come to a certain decision can we imagine that it was due +to our voluntary action. But shortly before we could not tell, and that +proves that it did not depend on us alone. Suppose, for instance, that +you have decided to play a joke on a fellow-student, and that you carry +it out. He takes it unkindly. You are surprised, because that is +contrary to his habits and your expectations. But after a while you +learn that your friend had received bad news from home on the preceding +morning and was therefore not in a condition to feel like joking, and +then you say: "If we had known that we should not have decided to spring +the joke on him." That is equivalent to saying that, if the balance of +your will had been inclined toward the deciding motive of no, you would +have decided no; but not knowing that your friend was distressed and not +in his habitual frame of mind, you decided in favor of yes. This +sentence: "If I had known this I should not have done that" is an outcry +of our internal consciousness, which denies the existence of a free +will. + +On the other hand, nothing is created and nothing destroyed either in +matter or in force, because both matter and force are eternal and +indestructible. They transform themselves in the most diversified +manner, but not an atom is added or taken away, not one vibration more +or less takes place. And so if is the force of external and internal +circumstances which determines the decision of our will at any given +moment. The idea of a free will, however, is a denial of the law of +cause and effect, both in the field of philosophy and theology. Saint +Augustine and Martin Luther furnish irrefutable theological arguments +for the denial of a free will. The omnipotence of God is irreconcilable +with the idea of free will. If everything that happens does so because a +superhuman and omnipotent power wants it _(Not a single leaf falls to +the ground without the will of God)_, how can a son murder his father +without the permission and will of God? For this reason Saint Augustine +and Martin Luther have written _de servo arbitrio_. + +But since theological arguments serve only those who believe in the +concept of a god, which is not given to us by science, we take recourse +to the laws which we observe in force and matter, and to the law of +causality. If modern science has discovered the universal link which +connects all phenomena through cause and effect, which shows that every +phenomenon is the result of causes which have preceded it; if this is +the law of causality, which is at the very bottom of modern scientific +thought, then it is evident that the admission of free thought is +equivalent to an overthrow of this law, according to which every effect +is proportionate to its cause. In that case, this law, which reigns +supreme in the entire universe, would dissolve itself into naught at +the feet of the human being, who would create effects with his free will +not corresponding to their causes! It was all right to think so at a +time when people had an entirely different idea of human beings. But the +work of modern science, and its effect on practical life, has resulted +in tracing the relations of each one of us with the world and with our +fellow beings. And the influence of science may be seen in the +elimination of great illusions which in former centuries swayed this or +that part of civilized humanity. The scientific thought of Copernicus +and Galilei did away with the illusions which led people to believe that +the earth was the center of the universe and of creation. + +Take Cicero's book _de Officiís_, or the _Divina Commedia_ of Dante, and +you will find that to them the earth is the center of creation, that the +infinite stars circle around it, and that man is the king of animals: a +geocentric and anthropocentric illusion inspired by immeasurable +conceit. But Copernicus and Galilei came and demonstrated that the earth +does not stand still, but that it is a grain of cosmic matter hurled +into blue infinity and rotating since time unknown around its central +body, the sun, which originated from an immense primitive nebula. +Galilei was subjected to tortures by those who realized that this new +theory struck down many a religious legend and many a moral creed. But +Galilei had spoken the truth, and nowadays humanity no longer indulges +in the illusion that the earth is the center of creation. + +But men live on illusions and give way but reluctantly to the progress +of science, in order to devote themselves arduously to the ideal of the +new truths which rise out of the essence of things of which mankind is a +part. After the geocentric illusion had been destroyed, the +anthropocentric illusion still remained. On earth, man was still +supposed to be king of creation, the center of terrestrial life. All +Species of animals, plants and minerals were supposed to be created +expressly for him, and to have had from time immemorial the forms which +we see now, so that the fauna and flora living on our planet have always +been what they are today. And Cicero, for instance, said that the +heavens were placed around the earth and man in order that he might +admire the beauty of the starry firmament at night, and that animals +and plants were created for his use and pleasure. But in 1856 Charles +Darwin came and, summarizing the results of studies that had been +carried on for a century, destroyed in the name of science the superb +illusion that man is the king and center of creation. He demonstrated, +amid the attacks and calumnies of the lovers of darkness, that man is +not the king of creation, but merely the last link of the zoological +chain, that nature is endowed with eternal energies by which animal and +plant life, the same as mineral life (for even in crystals the laws of +life are at work), are transformed from the invisible microbe to the +highest form, man. + +The anthropocentric illusion rebelled against the word of Darwin, +accusing him of lowering the human life to the level of the dirt or of +the brute. But a disciple of Darwin gave the right answer, while +propagating the Darwinian theory at the university of Jena. It was +Haeckel, who concluded: "For my part, and so far as my human +consciousness is concerned, I prefer to be an immensely perfected ape +rather than to be a degenerated and debased Adam." + +Gradually the anthropocentric illusion has been compelled to give way +before the results of science, and today the theories of Darwin have +become established among our ideas. But another illusion still remains, +and science, working in the name of reality, will gradually eliminate +it, namely the illusion that the nineteenth century has established a +permanent order of society. While the geocentric and anthropocentric +illusions have been dispelled, the illusion of the immobility and +eternity of classes still persists. But it is well to remember that in +Holland in the sixteenth century, in England in the seventeenth, in +Europe since the revolution of 1789, we have seen that freedom of +thought in science, literature and art, for which the bourgeoisie +fought, triumphed over the tyranny of the mediaeval dogma. And this +condition, instead of being a glorious but transitory stage, is supposed +to be the end of the development of humanity, which is henceforth +condemned not to perfect itself any more by further changes. This is the +illusion which serves as a fundamental argument against the positive +school of criminology, since it is claimed that a penal justice +enthroned on the foundations of Beccaria and Carrara would be a +revolutionary heresy. It is also this illusion which serves as an +argument against those who draw the logical consequences in regard to +the socialistic future of humanity, for the science which takes its +departure front the work of Copernicus, Galilei and Darwin arrives +logically at socialism. Socialism is but the natural and physical +transformation of the economic and social institutions. Of course, so +long as the geocentric and anthropocentric illusions dominate, it is +natural that the lore of stability should impress itself upon science +and life. How could this living atom, which the human being is, +undertake to change that order of creation, which makes of the earth the +center of the universe and of man the center of life? Not until science +had introduced the conception of a natural formation and transformation, +of the solar system, as well as of the fauna and flora, did the human +mind grasp the idea that thought and action can transform the world. + +For this reason we believe that the study of the criminal, and the +logical consequences therefrom, will bring about the complete +transformation of human justice, not only as a theory laid down in +scientific books, but also as a practical function applied every day to +that living and suffering portion of humanity which has fallen into +crime. We have the undaunted faith that the work of scientific truth +will transform penal justice into a simple function of preserving +society from the disease of crime, divested of all relics of vengeance, +hatred and punishment, which still survive in our day as living +reminders of the barbarian stage. We still hear the "public vengeance" +invoked against the criminal today, and justice has still for its symbol +a sword, which it uses more than the scales. But a judge born of a woman +cannot weigh the moral responsibility of one who has committed murder or +theft. Not until the experimental and scientific method shall look for +the causes of that dangerous malady, which we call crime, in the +physical and psychic organism, and in the family and the environment, of +the criminal, will justice guided by science discard the sword which now +descends bloody upon those poor fellow-beings who have fallen victims to +crime, and become a clinical function, whose prime object shall be to +remove or lessen in society and individuals the causes which incite to +crime. Then alone will justice refrain from wreaking vengeance, after a +crime has been committed, with the shame of an execution or the +absurdity of solitary confinement. + +On the one hand, human life depends on the word of a judge, who may err +in the case of capital punishment; and society cannot end the life of a +man, unless the necessity of legitimate self-defense demands it. On the +other hand, solitary confinement came in with the second current of the +classic school of criminology, when at the same time, in which Beccaria +promulgated his ideas, John Howard traveled all over Europe describing +the unmentionable horrors of mass imprisonment, which became a center of +infection for society at large. Then the classic school went to the +other extreme of solitary confinement, after the model of America, +whence we adopted the systems of Philadelphia and Harrisburg in the +first half of the nineteenth century. Isolation for the night is also +our demand, but we object to continuous solitary confinement by day and +night. Pasquale Mancini called solitary confinement "a living grave," in +order to reassure the timorous, when in the name of the classic school, +whose valiant champion he was, he demanded in 1876 the abolition of +capital punishment. Yet in his swan song he recognized that the future +would belong to the positive school of criminology. And it is this +"living grave" against which we protest. It cannot possibly be an act of +human justice to bury a human being in a narrow cell, within four walls, +to prevent this being from having any contact with social life, and to +say to him at the end of his term: Now that your lungs are no longer +accustomed to breathing the open air, now that your legs are no longer +used to the rough roads, go, but take care not, to have a relapse, or +your sentence will be twice as hard. + +In reality, solitary confinement makes of a human being either a stupid +creature, or a raving beast. And "s'io dico il vero, l'effeto nol +nasconde"--if I speak the truth, the facts will also reveal it--for +criminality increases and expands, honest people remain unprotected, and +those who are struck by the law do not improve, but become ever more +antisocial through the repeated relapses. And so we have that contrast +which I mentioned in the beginning of my lecture, that the theoretical +side of criminal science is so perfected, while criminal conditions are +painfully in evidence. The inevitable conclusion is the necessity of a +progressive transformation of the science of crime and punishment. + + + + +OF CRIMINOLOGY. + + +II. + +We saw yesterday in a short historical review that the classic cycle of +the science of crime and punishment, originated by Cesare Beccaria more +than a century ago, was followed in our country, some twenty years +since, by the scientific movement of the positive school of criminology. +Let us see today how this school studied the problem of criminality, +reserving for tomorrow the discussion of the remedies proposal by this +school for the disease of criminality. + +When a crime is committed in some place, attracting public attention +either through the atrocity of the case or the strangeness of the +criminal deed--for instance, one that is not connected with bloodshed, +but with intellectual fraud--there are at once two tendencies that make +themselves felt in the public conscience. One of them, pervading the +overwhelming majority of individual consciences, asks: How is this? What +for? Why did that man commit such a crime? This question is asked by +everybody and occupies mostly the attention of those who do not look +upon the case from the point of view of criminology. On the other hand, +those who occupy themselves with criminal law represent the other +tendency, which manifests itself when acquainted with the news of this +crime. This is a limited portion of the public conscience, which tries +to study the problem from the standpoint of the technical jurist. The +lawyers, the judges, the officials of the police, ask themselves: What +is the name of the crime committed by that man under such circumstances? +Must it be classed us murder or patricide, attempted or incompleted +manslaughter, and, if directed against property, is it theft, or illegal +appropriation, or fraud? And the entire apparatus of practical criminal +justice forgets at once the first problem, which occupies the majority +of the public conscience, the question of the causes that led to this +crime, in order to devote itself exclusively to the technical side of +the problem which constitutes the juridical anatomy of the inhuman and +antisocial deed perpetrated by the criminal. + +In these two tendencies you have a photographic reproduction of the two +schools of criminology. The classic school, which looks upon the crime +as a juridical problem, occupies itself with its name, its definition, +its juridical analysis, leaves the personality of the criminal in the +background and remembers it only so far as exceptional circumstances +explicitly stated in the law books refer to it: whether he is a minor, a +deaf-mute, whether it is a case of insanity, whether he was drunk at the +time the crime was committed. Only in these strictly defined cases does +the classic school occupy itself theoretically with the personality of +the criminal. But ninety times in one hundred these exceptional +circumstances do not exist or cannot be shown to exist, and penal +justice limits itself to the technical definition of the fact. But when +the case comes up in the criminal court, or before the jurors, practice +demonstrates that there is seldom a discussion between the lawyers of +the defense and the judges for the purpose of ascertaining the most +exact definition of the fact, of determining whether it is a case of +attempted or merely projected crime, of finding out whether there are +any of the juridical elements defined in this or that article of the +code. The judge is rather face to face with the problem of ascertaining +why, under what conditions, for what reasons, the man has committed the +crime. This is the supreme and simple human problem. But hitherto it has +been left to a more or less perspicacious, more or less gifted, +empiricism, and there have been no scientific standards, no methodical +collection of facts, no observations and conclusions, save those of the +positive school of criminology. This school alone makes an attempt to +solve in every case of crime the problem of its natural origin, of the +reasons and conditions that induced a man to commit such and such a +crime. + +For instance, about 3,000 cases of manslaughter are registered every +year in Italy. Now, open any work inspired by the classic school of +criminology, and ask the author why 3,000 men are the victims of +manslaughter every year in Italy, and how it is that there are not +sometimes only as many as, say, 300 cases, the number committed in +England, which has nearly the same number of inhabitants as Italy; and +how it is that there are not sometimes 300,000 such cases in Italy +instead of 3,000? + +It is useless to open any work of classical criminology for this +purpose, for you will not find an answer to these questions in than. No +one, from Beccaria to Carrara, has ever thought of this problem, and +they could not have asked it, considering their point of departure and +their method. In fact, the classic criminologists accept the phenomenon +of criminality as an accomplished fact. They analyze it from the point +of view of the technical jurist, without asking how this criminal fact +may have been produced, and why it repeats itself in greater or smaller +numbers from year to year, in every country. The theory of a free will, +which is their foundation, excludes the possibility of this scientific +question, for according to it the crime is the product of the fiat of +the human will. And if that is admitted as a fact, there is nothing left +to account for. The manslaughter was committed, because the criminal +wanted to commit it; and that is all there is to it. Once the theory of +a free will is accepted as a fact, the deed depends on the fiat, the +voluntary determination, of the criminal, and all is said. + +But if, on the other hand, the positive school of criminology denies, on +the ground of researches in scientific physiological psychology, that +the human will is free and does not admit that one is a criminal because +he wants to be, but declares that a man commits this or that crime only +when he lives in definitely determined conditions of personality and +environment which induce him necessarily to act in a certain way, then +alone does the problem of the origin of criminality begin to be +submitted to a preliminary analysis, and then alone does criminal law +step out of the narrow and arid limits of technical jurisprudence and +become a true social and human science in the highest and noblest +meaning of the word. It is vain to insist with such stubbornness as that +of the classic school of criminology on juristic formulas by which the +distinction between illegal appropriation and theft, between fraud and +other forms of crime against property, and so forth, is determined, when +this method does not give to society one single word which would throw +light upon the reasons that make a man a criminal and upon the +efficacious remedy by which society could protect itself against +criminality. + +It is true that the classic school of criminology has likewise its +remedy against crime--namely, punishment. But this is the only remedy of +that school, and in all the legislation inspired by the theories of that +school in all the countries of the civilized world there is no other +remedy against crime but repression. + +But Bentham has said: Every time that punishment is inflicted it proves +its inefficacy, for it did not prevent the committal of that crime. +Therefore, this remedy is worthless. And a deeper study of the cause of +crime demonstrates that if a man does not commit a certain crime, this +is due to entirely different reasons, than a fear of the penalty, very +strong and fundamental reasons which are not to be found in the threats +of legislators. These threats, if nevertheless carried out by police and +prison keepers, run counter to those conditions. A man who intends to +commit a crime, or who is carried away by a violent passion, by a +psychological hurricane which drowns his moral sense, is not checked by +threats of punishment, because the volcanic eruption of passion prevents +him from reflecting. Or he may decide to commit a crime after due +premeditation and preparation, and in that case the penalty is +powerless to check him, because he hopes to escape with impunity. All +criminals will tell you unanimously that the only thing which impelled +them when they were deliberating a crime was the expectation that they +would go scot free. If they had but the least suspicion that they might +be detected and punished they would not have committed the crime. The +only exception is the case in which a crime is the result of a mental +explosion caused by a violent outburst of passion. And if you wish to +have a very convincing illustration of the psychological inefficacy of +legal threats, you have but to think of that curious crime which has now +assumed a frequency never known to former centuries, namely the making +of counterfeit money. For since paper money--from want or for reasons of +expediency--has become a substitute of metal coin in the civilized +countries, the making of counterfeit paper money has become very +frequent in the nineteenth century. Now a counterfeiter, in committing +his crime, must compel his mind to imitate closely the inscription of +the bill, letter for letter, including that threatening passage, which +says: _"The law punishes counterfeiting_ ..." etc. Can you see before +your mind's eye a counterfeiter, in the act of engraving on the stone or +the others may ignore the penalty that awaits them, but he cannot. This +illustration is convincing, for in cases of other crimes one may always +assume that the criminal acted without thinking of the future, even when +he was not in a transport of passion. But in the case of the +counterfeiter the very act of committing the crime reminds him of the +threat of the law, and yet he is imperturbable while perpetrating it. + +Crime has its natural causes, which lie outside of that mathematical +point called the free will of the criminal. Aside from being a juridical +phenomenon, which it would be well to examine by itself, every crime is +above all a natural and social phenomenon, and should be studied +primarily as such. We need not go through so hard a course of study +merely for the purpose of walking over the razor edge of juristic +definitions and to find out, for instance, that from the time Romagnosi +made a distinction between incompleted and attempted crime rivers of ink +have been spilled in the attempt to find the distinguishing elements of +these two degrees of crime. And finally, when the German legislator +concluded to make no distinction between incompleted and attempted crime +and to recognize only the completed crime in his code of 1871, we +witnessed the spectacle of Carrara praising that legislator for leaving +that subtile distinction out of his code. A strange conclusion on the +part of a science, which cudgels its brains for a century to find the +marks of distinction between attempted and incompleted crime, and then +praises the legislator for ignoring it. And another classic jurist, +Buccellati, proposed to do away with the theory of attempted crime by +simply defining it as a crime by itself, or as--a violation of police +laws! A science which comes to such conclusions is a science which moves +in metaphysical abstractions, and we shall see that all these finespun +questions which abound in classical science lose all practical value +before the necessity of saving society from the plague of crime. + +The method which we, on the other hand, have inaugurated is the +following: Before we study crime from the point of view of a juristic +phenomenon, we must study the causes to which the annual recurrence of +crimes in all countries is due. These are natural causes, which I have +classified under the three heads of anthropological, telluric and +social. Every crime, from the smallest to the most atrocious, is the +result of the interaction of these three causes, the anthropological +condition of the criminal, the telluric environment in which he is +living, and the social environment in which he is born, living and +operating. It is a vain beginning to separate the meshes of this net of +criminality. There are still those who would maintain the one-sided +standpoint that the origin of crime may be traced to only one of these +elements, for instance, to the social element alone. So far as I am +concerned, I have combatted this opinion from the very inauguration of +the positive school of criminology, and I combat it today. It is +certainly easy enough to think that the entire origin of all crime is +due to the unfavorable social conditions in which the criminal lives. +But an objective, methodical, observation demonstrates that social +conditions alone do not suffice to explain the origin of criminality, +although it is true that the prevalence of the influence of social +conditions is an incontestable fact in the case of the greater number +of crimes, especially of the lesser ones. But there are crimes which +cannot be explained by the influence of social conditions alone. If you +regard the general condition of misery as the sole source of +criminality, then you cannot get around the difficulty that out of one +thousand individuals living in misery from the day of their birth to +that of their death only one hundred or two hundred become criminals, +while the other nine hundred or eight hundred either sink into +biological weakness, or become harmless maniacs, or commit suicide +without perpetrating any crime. If poverty were the sole determining +cause, one thousand out of one thousand poor ought to become criminals. +If only two hundred become criminals, while one hundred commit suicide, +one hundred end as maniacs, and the other six hundred remain honest in +their social condition, then poverty alone is not sufficient to explain +criminality. We must add the anthropological and telluric factor. Only +by means of these three elements of natural influence can criminality be +explained. Of course, the influence of either the anthropological or +telluric or social element varies from case to case. If you have a case +of simple theft, you may have a far greater influence of the social +factor than of the anthropological factor. On the other hand, if you +have a case of murder, the anthropological element will have a far +greater influence than the social. And so on in every case of crime, and +every individual that you will have to judge on the bench of the +criminal. + +The anthropological factor. It is precisely here that the genius of +Cesare Lombroso established a new science, because in his search after +the causes of crime he studied the anthropological condition of the +criminal. This condition concerns not only the organic and anatomical +constitution, but also the psychological, it represents the organic and +psychological personality of the criminal. Every one of us inherits at +birth, and personifies in life, a certain organic and psychological +combination. This constitutes the individual factor of human activity, +which either remains normal through life, or becomes criminal or insane. +The anthropological factor, then, must not be restricted, as some laymen +would restrict it, to the study of the form of the skull or the bones +of the criminal. Lombroso had to begin his studies with the anatomical +conditions of the criminal, because the skulls may be studied most +easily in the museums. But he continued by also studying the brain and +the other physiological conditions of the individual, the state of +sensibility, and the circulation of matter. And this entire series of +studies is but a necessary scientific introduction to the study of the +psychology of the criminal, which is precisely the one problem that is +of direct and immediate importance. It is this problem which the lawyer +and the public prosecutor should solve before discussing the juridical +aspect of any crime, for this reveals the causes which induced the +criminal to commit a crime. At present there is no methodical standard +for a psychological investigation, although such an investigation was +introduced into the scope of classic penal law. But for this reason the +results of the positive school penetrate into the lecture rooms of the +universities of jurisprudence, whenever a law is required for the +judicial arraignment of the criminal as a living and feeling human +being. And even though the positive school is not mentioned, all profess +to be studying the material furnished by it, for instance, its analyses +of the sentiments of the criminal, his moral sense, his behavior before, +during and after the criminal act, the presence of remorse which people, +judging the criminal after their own feelings, always suppose the +criminal to feel, while, in fact, it is seldom present. This is the +anthropological factor, which may assume a pathological form, in which +case articles 46 and 47 of the penal code remember that there is such a +thing as the personality of the criminal. However, aside from insanity, +there are thousands of other organic and psychological conditions of the +personality of criminals, which a judge might perhaps lump together +under the name of extenuating circumstances, but which science desires +to have thoroughly investigated. This is not done today, and for this +reason the idea of extenuating circumstances constitutes a denial of +justice. + +This same anthropological factor also includes that which each one of us +has: the race character. Nowadays the influence of race on the destinies +of peoples and persons is much discussed in sociology, and there are +one-sided schools that pretend to solve the problems of history and +society by means of that racial influence alone, to which they attribute +an absolute importance. But while there are some who maintain that the +history of peoples is nothing but the exclusive product of racial +character, there are others who insist that the social conditions of +peoples and individuals are alone determining. The one is as much a +one-sided and incomplete theory as the other. The study of collective +society or of the single individual has resulted in the understanding +that the life of society and of the individual is always the product of +the inextricable net of the anthropological, telluric and social +elements. Hence the influence of the race cannot be ignored in the study +of nations and personalities, although it is not the exclusive factor +which would suffice to explain the criminality of a nation or an +individual. Study, for instance, manslaughter in Italy, and, although +you will find it difficult to isolate one of the factors of criminality +from the network of the other circumstances and conditions that produce +it, yet there are such eloquent instances of the influence of racial +character, that it would be like denying the existence of daylight if +one tried to ignore the influence of the ethnical factor on +criminality. + +In Italy there are two currents of criminality, two tendencies which are +almost diametrically opposed to one another. The crimes due to hot blood +and muscle grow in intensity from northern to southern Italy, while the +crimes against property increase from south to north. In northern Italy, +where movable property is more developed, the crime of theft assumes a +greater intensity, while crimes due to conditions of the blood are +decreasing on account of the lesser poverty and the resulting lesser +degeneration of the people. In the south, on the other hand, crimes +against property are less frequent and crimes of blood more frequent. +Still there also are in southern Italy certain cases where criminality +of the blood is less frequent, and you cannot explain this in any other +way than by the influence of racial character. If you take a +geographical map of manslaughter in Italy, you will see that from the +minimum, from Lombardy, Piedmont, and Venice, the intensity increases +until it reaches its maximum in the insular and peninsular extreme of +the south. But even there you will find certain cases in which +manslaughter shows a lesser intensity. + +For instance, the province of Benevent is surrounded by other provinces +which show a maximum of crimes due to conditions of blood, while it +registers a smaller number. Naples, again, shows a considerably smaller +number of such cases than the provinces surrounding it, but it has a +greater number of unpremeditated cases of manslaughter. Messina, Catania +and Syracuse have a remarkably smaller number of blood crimes than +Trapani, Girgenti and Palermo. It has been attempted to claim that this +difference in criminality is due to social condition's, because the +agricultural conditions in eastern Sicily are less degrading than those +of Girgenti and Trapani, where the sulphur mines compel the miners to +live miserably. But we should like to ask the following question in +opposition to this idea: Why and in what respect are the agricultural +conditions in some provinces better than in others? This condition is +merely itself a result, not a cause of the first degree. + +Since the theory of historical materialism, which I prefer to call +economic determinism, has demonstrated that political, moral and +intellectual phenomena are reactions on the economic conditions of any +time and place, the attempt has been made to interpret this theory very +narrowly and to pretend that the economic condition of a nation is a +primary cause and not determined by any other. For my part, ever since I +have demonstrated the perfect accord between the Marxian and the +Darwinian theories, I have said: Very well, the economic conditions of a +nation explain its political, moral, intellectual conditions, but the +economic condition is in its turn the result of other factors. For +instance, how can the industrialism of England in the nineteenth century +be explained? Take away the coal mines (the telluric environment), and +you could not have the economic conditions of England as they are. For +the economic conditions are a result of favorable or unfavorable +telluric conditions which are acted upon by the intelligence and energy +of a certain race. Catania, Messina, Syracuse, are in a better economic +condition, because they have better geographical conditions and a +different race (of Grecian blood) than the other Sicilian provinces. So +it is in Apulia and Naples, which have likewise a considerable mixture +of Grecian blood. The northern tourists are still attracted by our art +and visit the ruins of Taormina or Pesto, which are the relics of the +Grecian race. And it is the Grecian blood which explains the lesser +frequency of bloody crimes in those provinces. This is therefore +evidently the influence of the race. And I maintain that the same fact +is due in the province of Benevent to the admixture of Langobardian +blood. For the Duchy of Benevent has had an influx of Langobardian +elements since the seventh century. And as we know that the German and +Anglo-Saxon race has the smallest tendency towards bloody crimes, the +beneficial influence of this racial character in Benevent explains +itself. On the other hand, there is much Saracen blood in the western +and southern provinces of Sicily, and this explains the greater number +of bloody crimes there. It is evident that the organic character of the +inhabitants of that island, where you may still see the brutal and +barbarian features of the Saracen by the side of those of the blond, +cool and quiet Norman, contains a transfusion of the blood of diverse +races. But it is also true that wherever a certain race has been +predominant, there its influence is left behind in the individual and +collective life. + +Let this be enough so far as the anthropological factor of criminality +is concerned. There are, furthermore, the telluric factors, that is to +say, the physical environment in which we live and to which we pay no +attention. It requires much philosophy, said Rousseau, to note the +things with which we are in daily contact, because the habitual +influence of a thing makes it more difficult to be aware of it. This +applies also to the immediate influence of the physical conditions on +human morality, notwithstanding the spiritualist prejudices which still +weigh upon our daily lives. For instance, if it is claimed in the name +of supernaturalism and psychism that a man is unhappy because he is +vicious, it is equivalent to making a one-sided statement. For it is +just as true to say that a man becomes vicious because he is unhappy. +Want is the strongest poison for the human body and soul. It is the +fountain head of all inhuman and antisocial feeling. Where want spreads +out its wings, there the sentiments of love, of affection, of +brotherhood, are impossible. + +Take a look at the figures of the peasant in the far-off arid Campagna, +the little government employee, the laborer, the little shop-keeper. +When work is assured, when living is certain, though poor, then want, +cruel want, is in the distance, and every good sentiment can germinate +and develop in the human heart. The family then lives in a favorable +environment, the parents agree, the children are affectionate. And when +the laborer, a bronzed statue of humanity, returns from, his smoky shop +and meets his white-haired mother, the embodiment of half a century of +immaculate virtue and heroic sacrifices, then he can, tired, but assured +of his daily bread, give room to feelings of affection, and he will +cordially invite his mother to share his frugal meal. But let the same +man, in the same environment, be haunted by the spectre of want and lack +of employment, and you will see the moral atmosphere in his family +changing as from day into night. There is no work, and the laborer comes +home without any wages. The wife, who does not know how to feed the +children, reproaches her husband with the suffering of his family. The +man, having been turned away from the doors of ten offices, feels his +dignity as an honest laborer assailed in the very bosom of his own +family, because he has vainly asked society for honest employment. And +the bonds of affection and union are loosened in that family. Its +members no longer agree. There are too many children, and when the poor +old mother approaches her son, she reads in his dark and agitated mien +the lack of tenderness and feels in her mother heart that her boy, +poisoned by the spectre of want, is perhaps casting evil looks at her +and harboring the unfilial thought: "Better an open grave in the +cemetery than one mouth more to feed at home!" + +It is true, that want alone is not sufficient to prepare the soil in the +environment of that suffering family for the roots of real crime and to +develop it. Want will weaken the love and mutual respect among the +members of that family, but it will not be strong enough alone to arm +the hands of the man for a matricidal deed, unless he should get into a +pathological mental condition, which is very exceptional and rare. But +the conclusions of the positive school are confirmed in this case as in +any other. In order that crime may develop, it is necessary that +anthropological, social and telluric factors should act together. + +We generally forget the conditions of the physical environment in which +we live, because supernatural prejudice tells us that the body is a +beast which we must forget in order to elevate ourselves into a +spiritual life. Manzoni could designate the Middle Ages by the term +"dirty." because they neglected the demands of elementary hygiene, and +thus of human morality. For where the requirements of our physical body +are neglected or offended, there no flower can bloom. The telluric +environment has a great influence on our physical activity, by way of +our nervous system. We feel differently disposed, according to whether a +south or a north wind blows. When Garibaldi was on the Pampas, he +observed that his companions were irascible and prone to violent +quarrels, when the Pampero blew, and that their behavior changed, when +this wind ceased. The great founders of criminal statistics, Quetelet +and Guerry, observed that the change of seasons carried with it a change +in criminality. Sexual crimes are less frequent in winter than in spring +and summer. And with reference to this point I have maintained, and +still maintain, that it is due to the combined effects of temperature +and social conditions, if crimes against property increase in winter. +For lack of employment, the want of food and shelter, intensify the +misery and lead to attacks on property. On the other hand, the cold by +itself reduces sexual crimes and personal assaults. And those who claim +that the longer intercourse between people in summer time has also a +social influence, are also partly in the right. + +The most eloquent fact in this respect was mentioned by Murro, when he +pointed out that this change in the frequency of bloody crimes, greater +in the warm months than in winter, applied also to prisoners. Statistics +show that breach of discipline is most frequent in hot seasons. The +social factor does not enter there, because the social life is there the +same in winter and in summer. This is, therefore, a practical proof of +the influence of climate, and it is re-enforced by the fact that +delirium and epilepsy in insane asylums are also more frequent in hot +than in cold months. The influence of the telluric factors, then, cannot +be denied, and the influence of the social factor intensifies it, as I +have already shown by its most drastic and characteristic example, that +of want. One can, therefore, understand that a man, whose morality has +been shaken by the pressure of increasing want, may be led to commit a +crime against property or persons. + +It is certainly quite evident, that economic misery has an undeniable +influence on criminality. And if you consider, that about 300,000 +criminals are sentenced in Italy every year, 180,000 of them for minor +crimes, and 120,000 for crimes which belong to the gravest class, you +can easily see that the greater part of them due mainly to social +conditions, for which it should not be so very difficult to find a +remedy. The work of the legislator may be slow, difficult, and +inadequate, so far as the telluric and anthropological factors are +concerned. But it could surely be rapid, efficacious and prompt, so far +as the social factors influencing criminality are concerned. + +We have now demonstrated that crime has its natural source in the +combined interaction of three classes of causes, the anthropological +(organic and psychological) factor, the telluric factor, and the social +factor. And by this last factor we must not only mean want, but any +other condition of administrative instability in political, moral, and +intellectual life. Every social condition which makes the life of man in +society insincere and imperfect is a social factor contributing towards +criminality. The economic factor is in evidence in our civilization +wherever the law of free competition, which is but a form of disguised +cannibalism, establishes the rule: _Your death is my life_. The +competition of laborers for a limited number of places is equivalent to +saying that those who secure a living do so at the expense of those who +do not. And this is a disguised form of cannibalism. While it does not +devour the competitor as primitive mankind did, it paralyzes him by +calumnies, recommendations, protection, money, which, secure the place +for the best bargainer and leave the most honest, talented, and +self-respecting to the pangs of starvation. + +Moreover, the economic factor exerts its crime-breeding influence also +under the form of a superabundance of wealth. Indeed, in our present +society, which is in the downward stage of transition from glorious +bourgeois civilization, which constituted a golden page of human +history in the 19th century, wealth itself is a source of crime. For the +rich, who do not enjoy the advantage of manual or intellectual work, +suffer from the corruption of leisure and vice. Gambling throws them +into an unhealthy fever; the struggle and race for money poison their +daily lives. And although the rich may keep out of reach of the penal +code, still they have condemned themselves to a life devoted to +hypocritical ceremonies, which are devoid of moral sentiment. And this +life leads them to a sportive form of criminality. To cheat at gambling +is the inevitable fate of these parasites. In order to kill time they +give themselves up to games of chance, and those who do not care for +that devote themselves to the sport of adultery, which in that class is +a pastime even among the best friends, on account of sheer mental +poverty. And all because man's mind unoccupied is the devil's own forge, +as the English poet says. + +We have now surveyed briefly the natural genesis of crime, as a natural +social phenomenon, brought about by the interaction of anthropological, +telluric, and social influences, which in any determined moment act +upon a personality standing on the cross road of vice and virtue, crime +and honesty. This scientific deduction gives rise to a series of +investigations which satisfy the mind and supply it with a real +understanding of things, far better than the theory that a man is a +criminal because he wants to be. No, a man commits crime because he +finds himself in certain physical and social conditions, from which the +evil plant of crime takes life and strength. Thus we obtain the origin +of that sad human figure which is the product of the interaction of +those factors, an abnormal man, a man not adapted to the conditions of +the social environment in which he is born, so that emigration becomes +an ever more permanent phenomenon for the greater portion of men, for +whom the accident of birth will less and less determine the course of +their future life. And the abnormal man who is below the minimum of +adaptability to social life and bears the marks of organic degeneration, +develops either a passive or an aggressive form of abnormality and +becomes a criminal. + +Among these abnormal human beings, two groups must be particularly +distinguished. Limiting our observations to those who are true +aggressively antisocial abnormals, that is to say, who are not adapted +to a certain social order and attack it by crimes, we must distinguish +those who for egoistic or ferocious reasons attack society by atavistic +forms of the struggle for existence by committing socalled common crimes +in the shape of fraud or violence, thereby opposing or abolishing +conditions in which their fellow beings may live. This is the atavistic +type of criminals which represents an involutionary, or retrogressive, +form of abnormality, due to an arrested development or an atavistic +reversion to a savage and primitive type. These constitute the majority +in the world of criminals and must be distinguished from the minority, +who are evolutionary, or progressive, abnormals, that may also commit +crime in a violent form, but must not be confounded with the others, +because they do not act from egoistic motives, but rebel from altruistic +motives against the injustice of the present order. These altruistic +criminals feel the sufferings and horrors due to the injustice +surrounding them and may go so far as to commit murder, which must +always be condemned, but which must not be confounded with atavistic or +egoistic murder. Recourse to personal violence is always objectionable +from the point of view of higher manhood, which desires that human life +should always be held in respect. But the reasons for such a crime are +different, being egoistic in the one, and altruistic in the other case. +The evolutionary abnormal is often an instrument of human progress, not +in the form of criminality, but in that of intellectual and moral +rebellion against conditions which are sanctioned by laws that +frequently punish such an evolutionary rebellion harder than atavistic +crime, as they do in Russia, where capital punishment has been abolished +for common crimes, but retained for political violations of the law! We +are living in an epoch of transition from the old to the new, and +contemporaneous humanity has an uneasy moral conscience in this critical +time. The ruling classes are losing their clearness of vision, so that +they promise monuments to those political murderers who promoted their +own historical victories, but would condemn like any common criminal him +who now devotes his soul to a revolutionary ideal, would throw into +prison the pioneer of new human ideals, just as Russia is +excommunicating the rebel Tolstoi. I mention Leo Tolstoi advisedly for +the purpose of giving a precise illustration of my heterodox thought in +reference to this question. We are opposed to any form of personal +violence (with the sole exception of self-defense), we cannot approve of +any form of personal assault, no matter what may be its motive. +Therefore we cannot have words of praise or excuse for political murder, +though it may be inspired by altruistic motives. We can demand that the +legislator should distinguish between the psychological sources of these +two forms of murder, the egoistic and the altruistic form. But we +condemn them both, because they are inhuman forms of violence. Ideas do +not make victorious headway by force of arms. Ideas must be combatted by +ideas, and it is only by the propaganda of the idea that we can prepare +humanity for its future. Violence is always a means of preventing the +sincere and fruitful diffusion of an idea. We do not say this merely for +the abnormals of the lower classes. We refer with scientific serenity +also to the upper classes, who would suppress by violence every +manifestation of revolt against the social iniquities, every affirmation +of faith in a better future. + +This is the conception of our science, which thus succeeds in +distinguishing traits of character even among the unlucky and forlorn +people of the criminal world, while the classic school of criminology +regards a criminal as a sort of abstract and normal man, with the +exception of cases of minors, deaf mutes, inebriates, and maniacs. + +In fact, the classic school of criminology regards all thieves as THE +thief, all murderers as THE murderer, and the human shape disappears in +the mind of the legislator, while it re-appears before the judge. Before +the essayist and legislator, the criminal is a sort of moving dummy, on +whose hack the judge may paste an article of the penal code. If you +leave out of consideration the established cases of exceptional and rare +human psychology mentioned in the penal code, all other cases serve the +judge merely as an excuse to select from the criminal code the number of +that article which will fit the criminal dummy, and if he should paste +404 instead of 407 on its back, the court of appeals would resist, any +change of numbers. And if this dummy came to life and said: "The +question of my number may be very important for you, but if you would +study all the conditions that compelled me to take other people's +things, you would realize that this importance is very diagrammatic," +the judge would answer: "That's all right for the justice of the future, +but it isn't now. You are number 404 of the criminal code, and after +leaving this court room with this number pasted legally on your back, +you will receive another number, for you will enter prison as number 404 +and will exchange it for entry number 1525, or some other, because your +personality as a man disappears entirely before the enactment of social +justice!" And then it is pretended that this man, whose personality is +thus absurdly ignored, should leave prison cured of all degeneration, +and if he falls back into the path of thorns of his misery and commits +another crime, the judge simply pastes another article over the other, +by adding number 80 or 81, which refer to cases of relapse, to number +404! + +In this way the classic school of criminology came to its unit of +punishment, which it heralded as its great progress. In the Middle +Ages, the diversity of punishment was greater. But in the 19th century +the classic school of criminology combatted dishonoring punishment, +corporeal punishment, confiscation, professional punishment, capital +punishment, with its ideal of one sole penalty, the only panacea for +crime and criminals, _prison_. + +We have, indeed, prohibitory measures and fines even today. But in +substance the whole punitive armory is reduced to imprisonment, since +fines are likewise convertible into so many days or months of +imprisonment. Solitary confinement is the ideal of the classic school of +criminology. But experience proves that this penalty has as much effect +on the disease of criminality, as the remedy of a physician would have, +who would sit in the door of a hospital and tell every patient seeking +relief: "Whatever may be your disease, I have only one medicine and that +is a decoction of rhubarb. You have heart trouble? Well, then, the +problem for me is simply--how big a dose of rhubarb decoction shall I +give you?" + +And measuring doses of penalty is the foundation of the criminal code. +That is so true that this code is in its last analysis but a table of +criminal logarithms for figuring out penalties. Woe to the judge who +makes a mistake in sentencing a 19 year old offender who was drunk when +he sinned, but had premeditated his deed. Woe to the judge, if he misses +his calculation in adding or subtracting the third, or sixth, or one +half, corresponding to the prescribed extenuating or aggravating +circumstances! If he makes a miscalculation, the court of appeals is +invoked by the defendant, and the inexorable court of appeals tells the +judge: "Figure this over again. You have been unjust." The only question +for the judge is this: Add your sums and subtract your deductions, and +the prisoner is sentenced to one year, seven months, and thirteen days. +Not one day more or less! But the human spectator asks: "If the criminal +should happen to be reformed before the expiration of his term, should +he be retained in prison?" The judge replies: "I don't care, he stays in +one year, seven months, and thirteen days!" + +Then the human spectator says: "But suppose the criminal should not yet +be fit for human society at the expiration of his term?" The judge +replies: "At the expiration of his term he leaves prison, for when he +has absolved his last day, he has paid his debt!" + +This is the same case as that of the imaginary physician who says: "You +have heart trouble? Then take a quart of rhubarb decoction and stay +twelve days in the hospital." Another patient says: "I have broken my +leg." And the doctor: "All right, take a pint of rhubarb decoction and +17 days in the hospital." A third has inflammation of the lungs, and the +doctor prescribes three quarts of rhubarb decoction and three months in +the hospital. "But if my inflammation is cured before that time?" "No +matter," says the doctor, "you stay in three months." "But if I am not +cured of my lung trouble after three months?" "No matter," says the +doctor, "you leave after three months." + +To such results have wise men been led by a system of penal justice, +which is a denial of all elementary common sense. They have forgotten +the personality of the criminal and occupied themselves exclusively with +crime as an abstract juristic phenomenon. In the same manner, the old +style medicine occupied itself with disease as such, as an abstract +pathological phenomenon, without taking into account the personality of +the patient. The ancient physicians did not consider whether a patient +was well or ill nourished, young or old, strong or weak, nervous or +fullblooded. They cured fever as fever, pleurisy as pleurisy. Modern +medicine, on the other hand, declares that disease must be studied in +the living person of the patient. And the same disease may require +different treatment, if the condition of the patient is different. + +Criminal justice has taken the same historical course of development as +medicine. The classic school of criminology is still in the same stage, +in which medicine was before the middle of the 19th century. It deals +with theft, murder, fraud, as such. But that which claims so much of the +attention of society has been forgotten by the classic school. For that +school has forgotten to study the murderer, the thief, the forger, and +without that study their crimes cannot be understood. + +Crime is one of the conditions required for the study of the criminal. +But, the same crime may require the application of different remedies +to the personalities of different criminals, according to the different +anthropological and social conditions of the various criminals. There is +a fundamental distinction between the anthropological and social types +of criminals, whom I have divided into five categories, which are today +unanimously accepted by criminalist anthropologists, since the Geneva +congress offered an opportunity to explain the misapprehension which led +some foreign scientists to believe that the Italian school regarded one +of these types (the born criminal) merely as an organic anomaly. + +Just a word concerning each one of these five types. + +The _born criminal_ is a victim of that which I will call (seeing that +science has not yet solved this problem) criminal neurosis, which is +very analogous to epileptic neurosis, but which is not in itself +sufficient to make one a criminal. Our adversaries had the idea that the +mere possession of a crooked nose or a slanting skull stamped a man as +predisposed by birth to murder or theft. But a man may he a born +criminal, that is to say, he may have some congenital degeneration which +predisposes him toward crime, and yet he may die at the age of 80 +without having committed any crime, because he was fortunate enough to +live in an environment which did not offer him any temptation to commit +crime. Again, are not many predisposed toward insanity without ever +becoming insane? If the same individual were to live under unfavorable +conditions, without any education, if he were to find himself in +unhealthy telluric surroundings, in a mine, a rice field, or a miasmatic +swamp, he would become insane. But if instead of living in conditions +that condemn him to lunacy he were to be under no necessity to struggle +for his daily bread, if he could live in affluence, he might exhibit +some eccentricity of character, but would not cross the threshold of an +insane asylum. The same happens in the case of criminality. One may have +a congenital predisposition toward crime, but if he lives in favorable +surroundings, he will live to the end of his natural life without +violating any criminal or moral law. At any rate we must drop the +prejudice that only those are criminals on whose backs the judge has +pasted a number. For there are many scoundrels at large who commit crime +with impunity, or who brush the edge of the criminal law in the most +repulsive immorality without violating it. + +This misunderstanding was explained at the congress of Geneva by the +statement that the interaction of the social and telluric environment is +required also in the case of the born criminal. And now we may take it +for granted that my classification of five types is everywhere accepted. +These are the following: The _born criminal_ who has a congenital +predisposition for crime; the _insane criminal_ suffering from some +clinical form of mental alienation, and whom even our existing penal +code had to recognize; the _habitual criminal_, that is to say one who +has acquired the habit of crime mainly through the ineffective measures +employed by society for the prevention and repression of crime. A common +figure in our large industrial centers is that of the abandoned child +which has to go begging from its earliest youth in order to collect an +income for the enterprising boss or for its poor family, without an +opportunity to educate its moral sense in the filth of the streets. It +is punished for the first time by the law and sent to prison or to a +reformatory, where it is inevitably corrupted. Then, when such an +individual comes out of prison, he is stigmatized as a thief or forger, +watched by the police, and if he secures work in some shop, the owner is +indirectly induced to discharge him, so that he must inevitably fall +back upon crime. + +Thus one acquires crime as a habit, a product of social rottenness, due +to the ineffective measures for the prevention and repression of crime. +There is furthermore the _occasional criminal_, who commits very +insignificant criminal acts, more because he is led astray by his +conditions of life than because the aggressive energy of a degenerate +personality impels him. If he is not made worse by a prison life, he may +find an opportunity to return to a normal life in society. Finally there +is the _passionate criminal,_ who, like the insane criminal, has +received attention from the positive school of criminology; which, +however, did not come to any definite conclusions regarding him, such as +may be gathered by means of the experimental method through study in +prisons, insane asylums, or in freedom. The relations between passion +and crime have so far been studied on a field in which no solution was +possible. For the classic school considers such a crime according to +the greater or smaller intensity and violence of passion and comes to +the conclusion that the degree of responsibility decreases to the extent +that the intensity of a passion increases, and vice versa. The problem +cannot be solved in this way. There are passions which may rise to the +highest degree of intensity without reducing the responsibility. For +instance, is one who murders from motives of revenge a passionate +criminal who must be excused? + +The classic school of criminology says "No," and for my part I agree +with them. Francesco Carrara says: "There are blind passions, and others +which are reasonable. Blind passions deprive one of free will, +reasonable ones do not. Blind and excusable passions are fear, honor, +love, reasonable and inexcusable ones are hatred and revenge." But how +so? I have studied murderers who killed for revenge and who told me that +the desire for revenge took hold of them like a fever, so that they +"forgot even to eat." Hate and revenge can take possession of a man to +such an extent that he becomes blind with passion. The truth is that +passion must be considered not so far as its violence or quantity are +concerned, but rather as to its quality. We must distinguish between +social and anti-social passion, the one favoring the conditions of life +for the species and collectivity, the other antagonistic to the +development of the collectivity. In the first case, we have love, +injured honor, etc, which are passions normally useful to society, and +aberrations of which may be excused more or less according to individual +cases. On the other hand, we have inexcusable passions, because their +psychological tendency is to antagonize the development of society. They +are antisocial, and cannot be excused, and hate and revenge are among +them. + +The positive school therefore admits that a passion is excusable, when +the moral sense of a man is normal, when his past record is clear, and +when his crime is due to a social passion, which makes it excusable. + +We shall see tomorrow what remedies the positive school of criminology +proposes for each one of these categories of criminals, in distinction +from the measuring of doses of imprisonment advocated by the classic +school. + +We have thus exhausted in a short and general review the subject of the +natural origin of criminality.--To sum up, crime is a social +phenomenon, due to the interaction of anthropological, telluric, and +social factors. This law brings about what I have called criminal +saturation, which means that every society has the criminality which it +deserves, and which produces by means of its geographical and social +conditions such quantities and qualities of crime as correspond to the +development of each collective human group. + +Thus the old saying of Imetelet is confirmed: "There is an annual +balance of crime, which must be paid and settled with greater regularity +than the accounts of the national revenue." However, we positivists give +to this statement a less fatalistic interpretation, since we have +demonstrated that crime is not our immutable destiny, even though it is +a vain beginning to attempt to attenuate or eliminate crime by mere +schemes. The truth is that the balance of crime is determined by the +physical and social environment. But by changing the condition of the +social environment, which is most easily modified, the legislator may +alter the influence of the telluric environment and the organic and +psychic conditions of the population, control the greater portion of +crimes, and reduce them considerably. It is our firm conviction that a +truly civilized legislator can attenuate the plague of criminality, not +so much by means of the criminal code, as by means of remedies which are +latent in the remainder of the social life and of legislation. And the +experience of the most advanced countries confirms this by the +beneficent and preventive influence of criminal legislation resting on +efficacious social reforms. + +We arrive, then, at this scientific conclusion: In the society of the +future, the necessity for penal justice will be reduced to the extent +that social justice grows intensively and extensively. + + +III. + +In the preceding two lectures, I have given you a short review of the +new current in scientific thought, which studies the painful and +dangerous phenomena of criminality. We must now draw the logical +conclusions, in theory and practice, from the teachings of experimented +science, for the removal of the gangrenous plague of crime. Under the +influence of the positive methods of research, the old formula "Science +for science's sake" has given place to the new formula "Science for +life's sake." For it would be useless for the human mind to retreat into +the vault of philosophical concentration, if this intellectual mastery +did not produce as a counter-effect a beneficent wave of real +improvement in the destinies of the human race. + +What, then, has the civilized world to offer in the way of remedies +against criminality? The classic school of criminology, being unable to +locate in the course of its scientific and historical mission the +natural causes of crime, as I have shown in the preceding lectures, was +not in a position to deal in a comprehensive and far-seeing manner with +this problem of the remedy against criminality. Some of the classic +criminologists, such as Bentham, Romagnosi, or Ellero, with a more +positive bent of mind than others, may have given a little of their +scientific activity to the analysis of this problem, namely the +prevention of crime. But Ellero himself had to admit that "the classic +school of criminology has written volumes concerning the death penalty +and torture, but has produced but a few pages on the prevention of +criminality." The historical mission of that school consisted in a +reduction of punishment. For being born on the eve of the French +revolution in the name of individualism and natural rights, it was a +protest against the barbarian penalties of the Middle Ages. And thus the +practical and glorious result of the classic school was a propaganda for +the abolition of the most brutal penalties of the Middle Ages, such as +the death penalty, torture, mutilation. We in our turn now follow up the +practical and scientific mission of the classic school of criminology +with a still more noble and fruitful mission by adding to the problem of +the _diminution of penalties_ the problem of the _diminution of crimes_. +It is worth more to humanity to reduce the number of crimes than to +reduce the dread sufferings of criminal punishments, although even this +is a noble work, after the evil plant of crime has been permitted to +grow in the realm of life. Take, for instance, the philanthropic +awakening due to the Congress of Geneva in the matter of the Red Cross +Society, for the care, treatment and cure of the wounded in war. However +noble and praiseworthy this mission may be, it would be far nobler and +better to prevent war than to heal the mutilated and wounded. If the +same zeal and persistence, which have been expended in the work of the +Red Cross Society, had been devoted to the realization of international +brotherhood, the weary road of human progress would show far better +results. + +It is a noble mission to oppose the ferocious penalties of the Middle +Ages. But it is still nobler to forestall crime. The classic school of +criminology directed its attention merely to penalties, to repressive +measures after crime had been committed, with all its terrible moral +and material consequences. For in the classic school, the remedies +against criminality have not the social aim of improving human life, but +merely the illusory mission of retributive justice, meeting a moral +delinquency by a corresponding punishment in the shape of legal +sentences. This is the spirit which is still pervading criminal +legislation, although there is a sort of eclectic compromise between the +old and the new. The classic school of criminology has substituted for +the old absolutist conceptions of justice the eclectic theory that +absolute justice has the right to punish, but a right modified by the +interests of civilized life in present society. This is the point +discussed in Italy in the celebrated controversy between Pasquale +Stanislao Mancini and Terencio Mamiani, in 1847. This is in substance +the theory followed by the classic criminologists who revised the penal +code, which public opinion considers incapable of protecting society +against the dangers of crime. And we have but to look about us in the +realities of contemporaneous life in order to see that the criminal code +is far from being a remedy against crime, that it remedies nothing, +because either premeditation or passion in the person of the criminal +deprive the criminal law of all prohibitory power. The deceptive faith +in the efficacy of criminal law still lives in the public mind, because +every normal man feels that the thought of imprisonment would stand in +his way, if he contemplated tomorrow committing a theft, a rape, or a +murder. He feels the bridle of the social sense. And the criminal code +lends more strength to it and holds him back from criminal actions. But +even if the criminal code did not exist, he would not commit a crime, so +long as his physical and social environment would not urge him in that +direction. The criminal code serves only to isolate temporarily from +social intercourse those who are not considered worthy of it. And this +punishment prevents the criminal for a while from repeating his criminal +deed. But it is evident that the punishment is not imposed until after +the deed has been done. It is a remedy directed against effects, but it +does not touch the causes, the roots, of the evil. + +We may say that in social life penalties have the same relation to crime +that medicine has to disease. After a disease has developed in an +organism, we have recourse to a physician. But he cannot do anything +else but to reach the effects in some single individual. On the other +hand, if the individual and the collectivity had obeyed the rules of +preventive hygiene, the disease would have been avoided 90 times in 100, +and would have appeared only in extreme and exceptional cases, where a +wound or an organic condition break through the laws of health. Lack of +providence on the part of man, which is due to insufficient expression +of the forces of the intellect and pervades so large a part of human +life, is certainly to blame for the fact that mankind chooses to use +belated remedies rather than to observe the laws of health, which demand +a greater methodical control of one's actions and more foresight, +because the remedy must be applied before the disease becomes apparent. +I say occasionally that human society acts in the matter of criminality +with the same lack of forethought that most people do in the matter of +tooth-ache. How many individuals do not suffer from tooth-ache, +especially in the great cities? And yet any one convinced of the +miraculous power of hygiene could easily clean his teeth every day and +prevent the microbes of tooth rot from thriving, thereby saving his +teeth from harm and pain. But it is tedious to do this every day. It +implies a control of one's self. It cannot be done without the +scientific conviction that induces men to acquire this habit. Most +people say: "Oh well, if that tooth rots, I'll bear the pain." But when +the night comes in which they cannot sleep for toothache, they will +swear at themselves for not having taken precautions and will run to the +dentist, who in most cases cannot help them any more. + +The legislator should apply the rules of social hygiene in order to +reach the roots of criminality. But this would require that he should +bring his mind and will to bear daily on a legislative reform of +individual and social life, in the field of economics and morals as well +as in that of administration, politics, and intelligence. Instead of +that, the legislators permit the microbes of criminality to develop +their pathogenic powers in society. When crimes become manifest, the +legislator knows no other remedy but imprisonment in order to punish an +evil which he should have prevented. Unfortunately this scientific +conviction is not yet rooted and potent in the minds of the legislators +of most of the civilized countries, because they represent on an +average the backward scientific convictions of one or two previous +generations. The legislator who sits in parliament today was the +university student of 30 years ago. With a few very rare exceptions he +is supplied only with knowledge of outgrown scientific research. It is a +historical law that the work of the legislator is always behind the +science of his time. But nevertheless the scientist has the urgent duty +to spread the conviction that hygiene is worth as much on the field of +civilization as it is in medicine for the public health. + +This is the fundamental conviction at which the positive school arrives: +That which has happened in medicine will happen in criminology. The +great value of practical hygiene, especially of social hygiene, which is +greater than that of individual hygiene, has been recognized after the +marvelous scientific discoveries concerning the origin and primitive +causes of the most dangerous diseases. So long as Pasteur and his +disciples had not given to the world their discovery of the pathogenic +microbes of all infectious diseases, such as typhoid fever, cholera, +diphtheria, tuberculosis, etc, more or less absurd remedies were +demanded of the science of medicine. I remember, for instance, that I +was compelled in my youth, during an epidemic of cholera, to stay in a +closed room, in which fumigation was carried on with substances +irritating the bronchial tubes and lungs without killing the cholera +microbes, as was proved later on. It was not until the real causes of +those infectious diseases were discovered, that efficient remedies could +be employed against them. An aqueduct given to a center of population +like Naples is a better protection against cholera than drugs, even +after the disease has taken root in the midst of the people of Naples. +This is the modern lesson which we wish to teach in the field of +criminology, a field which will always retain its repressive functions +as an exceptional and ultimate refuge, because we do not believe that we +shall succeed in eliminating all forms of criminality. Hence, if a crime +manifests itself, repression may be employed as one of the remedies of +criminology, but it should be the very last, not the exclusively +dominating one, as it is today. + +It is this blind worship of punishment which is to blame for the +spectacle which we witness in every modern country, the spectacle that +the legislators neglect the rules of social hygiene and wake up with a +start when some form of crime becomes acute, and that they know of no +better remedy than an intensification of punishment meeted out by the +penal code. If one year of imprisonment is not enough, we'll make it ten +years, and if an aggravation of the ordinary penalty is not enough, +we'll pass a law of exception. It is always the blind trust in +punishment which remains the only remedy of the public conscience and +which always works to the detriment of morality and material welfare, +because it does not save the society of honest people and strikes +without curing those who have fallen a prey to guilt and crime. + +The positive school of criminology, then, aside from the greater value +attributed to daily and systematic measures of social hygiene for the +prevention of criminality, comes to radically different conclusions also +in the matter of repressive justice. The classic school has for a +cardinal remedy against crime a preference for one kind of punishment, +namely imprisonment, and gives fixed and prescribed doses of this +remedy. It is the logical conclusion of retributive justice that it +travels by way of an illusory purification from moral guilt to the legal +responsibility of the criminal and thence on to a corresponding dose of +punishment, which has been previously prescribed and fixed. + +We, on the other hand, hold that even the surviving form of repression, +which will be inevitable in spite of the application of the rules of +social prevention, should be widely different, on account of the +different conception which we have of crime and of penal justice. + +In the majority of cases composed of minor crimes committed by people +belonging to the most numerous and least dangerous class of occasional +or passionate criminals, the only form of civil repression will be _the +compensation of the victim for his loss_. According to us, this should +he the only form of penalty imposed in the majority of minor crimes +committed by people who are not dangerous. In the present practice of +justice the compensation of the victim for his loss has become a +laughing stock, because this victim is systematically forgotten. The +whole attention of the classic school has been concentrated on the +juridical entity of the crime. The victim of the crime has been +forgotten, although this victim deserves philanthropic sympathy more +than the criminal who has done the harm. It is true, every, judge adds +to the sentence the formula that the criminal is responsible for the +injury and the costs to another authority. But the process of law puts +off this compensation to an indefinite time, and if the victim succeeds +a few years after the passing of the sentence in getting any action on +the matter, the criminal has in the meantime had a thousand legal +subterfuges to get away with his spoils. And thus the law itself becomes +the breeding ground of personal revenge, for Filangieri says aptly that +an innocent man grasps the dagger of the murderer, when the sword of +justice does not defend him. + +Let us say at this point that the rigid application of compensation for +damages should never be displaced by imprisonment, because this would be +equivalent to sanctioning a real class distinction, for the rich can +laugh at damages, while the proletarian would have to make good a +sentence of 1000 lire by 100 days in prison, and in the meantime the +innocent family that tearfully waits for him outside, would be plunged +into desperate straits. Compensation for damages should never take +place in any other way than by means of the labor of the prisoner to an +extent satisfactory to the family of the injured. It has been attempted +to place this in an eclectic way on our law books, but this proposition +remains a dead letter and is not applied in Italy, because a stroke of +legislator's pen is not enough to change the fate of an entire nation. + +These practical and efficient measures would be taken in the case of +lesser criminals. For the graver crimes committed by atavistic or +congenital criminals, of by persons inclining toward crime from acquired +habit or mental alienation, the positive school of criminology reserves +segregation for an indefinite time, for it is absurd to fix the time +beforehand in the case of a dangerous degenerate who has committed a +grave crime. + +The question of indeterminate sentences has been recently discussed also +by Pessina, who combats it, of course, because the essence of the +classic school of criminology is retribution for a fault by means of +corresponding punishment. We might reply that no human judge can use any +other but the grossest scale by which to determine whether you are +responsible to the extent of the whole, one half, or one third. And +since there is no absolute or objective criterion by which the ratio of +crime to punishment can be determined, penal justice becomes a game of +chance. But we content ourselves by pointing out that segregation for an +indefinite time has so much truth in it, that even the most orthodox of +the classic school admit it, for instance in the case of criminals under +age. Now, if an indeterminate sentence is a violation of the principles +of the classic school, I cannot understand why it can be admitted in the +case of minors, but not in the case of adults. This is evidently an +expedient imposed by the exigencies of practical life, and only the +positive school of criminology can meet them by a logical +systematization. For the rest, indefinite segregation, such as we +propose for the most dangerous atavistic criminals, is a measure which +is already in use for ordinary lunatics as well us for criminal +lunatics. But it may be said that this is an administrative measure, not +a court sentence. Well, if any one is so fond of formulas as to make +this objection, he may get all the fun out of them that he likes. But it +is a fact that an insane person who has committed a crime is sent to a +building with iron bars on its gates such as a prison has. You may call +it an administrative building or a penal institute, the name is +unessential, for the substance alone counts. We maintain that congenital +or pathological criminals cannot be locked up for a definite term in any +institution, but should remain there until they are adapted for the +normal life of society. + +This radical reform of principles carries with it a radical +transformation of details. Given an indeterminate segregation, there +should be organs of guardianship for persons so secluded, for instance +permanent committees for the periodical revision of sentences. In the +future, the criminal judge will always secure ample evidence to prove +whether a defendant is really guilty, for this is the fundamental point. +If it is certain that he has committed the crime, he should either be +excluded from social intercourse or sentenced to mate good the damage, +provided the criminal is not dangerous and the crime not grave. It is +absurd to sentence a man to five or six days imprisonment for some +insignificant misdemeanor. You lower him in the eyes of the public, +subject him to surveillance by the police, and send him to prison from +whence he will go out more corrupted than he was on entering it. It is +absurd to impose segregation in prison for small errors. Compensation +for injuries is enough. For the segregation of the graver criminals, the +management must be as scientific as it is now in insane asylums. It is +absurd to place an old pensioned soldier or a hardened bureaucrat at the +head of a penal institution. It is enough to visit one of those +compulsory human beehives and to see how a military discipline carries a +brutal hypocrisy into it. The management of such institutions must be +scientific, and the care of their inmates must be scientific, since a +grave crime is always a manifestation of the pathological condition of +the individual. In America there are already institutions, such as the +Elmira Reformatory, where the application of the methods of the positive +school of criminology has been solemnly promised. The director of the +institution is a psychologist, a physician. When a criminal under age is +brought in, he is studied from the point of view of physiology and +psychology. The treatment serves to regenerate the plants who, being +young, may still be straightened up. Scientific therapeutics can do +little for relapsed criminals. The present repression of crime robs the +prisoner of his personality and reduces him to a number, either in mass +imprisonment which corrupts him completely, or in solitary confinement, +which will turn him into a stupid or raving beast. + +These methods are also gradually introduced in the insane asylums. I +must tell you a little story to illustrate this. When I was a professor +in Pisa, eight years ago, I took my students to the penitentiaries and +the asylum for the criminal insane in Montelupo, as I always used to do. +Dr. Algieri, the director of this asylum, showed us among others a very +interesting case. This was a man of about 45, whose history was shortly +the following: He was a bricklayer living in one of the cities of +Toscana. He had been a normal and honest man, a very good father, until +one unlucky day came, in which a brick falling from a factory broke a +part of his skull. He fell down unconscious, was picked up, carried to +the hospital, and cured of his external injury, but lost both his +physical and moral health. He became an epileptic. + +And the lesion to which the loss of the normal function of his nervous +system was due transformed him from the docile and even-tempered man +that he had been into a quarrelsome and irritable individual, so that +he was less regular in his work, less moral and honest in his family +life, and was finally sentenced for a grave assault in a saloon brawl. +He was condemned as a common criminal to I don't know how many years of +imprisonment. But in prison, the exceptional conditions of seclusion +brought on a deterioration of his physical and moral health, his +epileptic fits became more frequent, his character grew worse. The +director of the prison sent him to the asylum for the insane criminals +at Montelupo, which shelters criminals suspected of insanity and insane +criminals. + +Dr. Algieri studied the interesting case and came to the diagnosis that +there was splinter of bone in the man's brain which had not been noticed +in the treatment at the hospital, and that this was the cause of the +epilepsy and demoralization of the prisoner. He trepanned a portion of +the skull around the old wound and actually found a bone splinter lodged +in the man's brain. He removed the splinter, and put a platinum plate +over the trepanned place to protect the brain. The man improved, the +epileptic fits ceased, his moral condition became as normal as before, +and this bricklayer (how about the free will?) was dismissed from the +asylum, for he had given proofs of normal behavior for about five or six +months, thanks to the wisdom of the doctor who had relieved him of the +lesion which had made him epileptic and immoral. If this asylum for +insane criminals had not been in existence, he would have ended in a +padded cell, the same as another man whom I and my students saw a few +years ago in the Ancona penitentiary. The director, an old soldier, said +to me: "Professor, I shall show you a type of human beast. He is a man +who passes four fifths of the year in a padded cell." After calling six +attendants, "because we must be careful," we went to the cell, and I +said to that director: "Please, leave this man to me. I have little +faith in the existence of human beasts. Keep the attendants at a +distance." "No," replied the director, "my responsibility does not +permit me to do that." + +But I insisted. The cell was opened, and the man came out of it really +like a wild beast with bulging eyes and distorted face. But I met him +with a smile and said to him kindly: "How are you?" This change of +treatment immediately changed the attitude of the man. He first had a +nervous fit and then broke into tears and told me his story with the +eloquence of suffering. He said that he had some days in which he was +not master of himself, but he recognized that he was good whenever the +attacks of temper were over. Without saying so, he thus invoked the +wisdom of human psychology for better treatment. There is indeed a +physician in those prisons, but he treats generally only the ordinary +diseases and is not familiar with special psychological knowledge. There +may be exceptions, and in that case it is a lucky coincidence. But the +prison doctor has also his practice outside and hurries through his +prison work. "They simulate sickness in order to get out of prison," he +says. And this will be so all the more that the physicians of our time +have not sufficient training in psychology to enable them to do justice +to the psychology of the criminal. + +You must, therefore, give a scientific management to these institutions, +and you will then render humane even the treatment of those grave and +dangerous criminals, whose condition cannot be met by a simple +compensation of the injury they have done to others. + +This is the function of repression as we look upon it, an inevitable +result of the positive data regarding the natural origin of crime. + +We believe, in other words, that repression will play but an unimportant +role in the future. We believe that every branch of legislation will +come to prefer the remedies of social hygiene to those symptomatic +remedies and apply them from day to day. And thus we come to the theory +of the prevention of crime. Some say: "it is better to repress than to +prevent." Others say: "It is better to prevent than to repress." In +order to solve this conflict we must remember that there are two widely +different kinds of repression. There is the immediate, direct empirical +repression, which does not investigate the cause of criminality, but +waits until the crime is about to be committed. That is police +prevention. There is on the other hand a social prevention which has an +indirect and more remote function, which does not wait until crime is +about to be committed, but locates the causes of crime in poverty, +abandoned children, trampdom, etc, and seeks to prevent these +conditions by remote and indirect means. In Italy, prevention is +anonymous with arrest. That is to say, by repression is understood only +police repression. Under these circumstances, it is well to take it for +granted that some of the expected crimes will be carried out, for crimes +are not committed at fixed periods after first informing the police. The +damage done by criminality, and especially by political and social +criminality, against which police repression is particularly directed, +will be smaller than that done by the abuse inseparably connected with +police power. In the case of atavistic criminality, prevention does not +mean handcuffing of the man who is about to commit a crime, but devising +such economic and educational measures in the family and administration +as will eliminate the causes of crime or attenuate them, precisely +because punishment is less effective than prevention. + +In other words, in order to prevent crime, we must have recourse to +measures which I have called "substitutes for punishment," and which +prevent, the development of crime, because they go to the source in +order to do away with effects. + +Bentham narrates that the postal service in England, in the 18th +century, was in the hands of stage drivers, but this service was not +connected with the carrying of passengers, as became the custom later. +And then it was impossible to get the drivers to arrive on time, +because they stopped too often at the inns. Fines were imposed, +imprisonment was resorted to, yet the drivers arrived late. The +penalties did not accomplish any results so long as the causes remained. +Then the idea was conceived to carry passengers on the postal stages, +and that stopped the drivers from being late, because whenever they made +a halt, the passengers, who had an interest in arriving on time, called +the drivers and did not give them much time to linger. This is an +illustration of a substitute for punishment. + +Another illustration. In the Middle Ages, up to the eve of our modern +civilization, piracy was in vogue. Is there anything that was not tried +to suppress piracy? The pirates were persecuted like wild beasts. +Whenever they were caught they were condemned to the most terrible forms +of death. Yet piracy continued. Then came the application of steam +navigation, and piracy disappeared as by magic. And robbery and +brigandage? They withstood the death penalty and extraordinary raids by +soldiers. And we witness today the spectacle of a not very serious +contest between the police who wants to catch a brigand, Musolino; and +a brigand who does not wish to be caught. + +Wherever the woods are not traversed by railroads or tramways, +brigandage carries on its criminal trade. But wherever railroads and +tramways exist, brigandage is a form of crime which disappears. You may +insist on death penalties and imprisonment, but assault and robbery will +continue, because it is connected with geographical conditions. Use on +the other hand the instrument of civilization, without sentencing any +one, and brigandage and robbery will disappear before its light. And if +human beings in large industrial centers are herded together in +tenements and slum hotels, how can a humane judge aggravate the +penalties against sexual crimes? How can the sense of shame develop +among people, when young and old of both sexes are crowded together in +the same bed, in the same corrupted and corrupting environment, which +robs the human soul of every noble spark? + +I might stray pretty far, if I were to continue these illustrations of +social hygiene which will be the true solution of the problem and the +supreme systematic, daily humane, and bloodless remedy against the +disease of criminality. However, we have not the simple faith that in +the near or far future of humanity crimes can ever be wholly eradicated. +Even Socialism, which looks forward to a fundamental transformation of +future society on the basis of brotherhood and social justice, cannot +elevate itself to the absolute and naive faith that criminality, +insanity, and suicide can ever fully disappear from the earth. But it is +our firm conviction that the endemic form of criminality, insanity, and +suicide will disappear, and that nothing will remain of them but rare +sporadic forms caused by lesion or telluric and other influences. + +Since we have made the great discovery that malaria, which weighs upon +so many parts in Italy, is dependent for its transmission on a certain +mosquito, we have acquired the control of malarial therapeutics and are +enabled to protect individuals and families effectively against malaria. +But aside from this function of protecting people, there must be a +social prevention, and since those malarial insects can live only in +swampy districts, it is necessary to bring to those unreclaimed lands +the blessing of the hoe and plow, in order to remove the cause and do +away with the effects. The same problem confronts us in criminology. In +the society of the future we shall undertake this work of social +hygiene, and thereby we shall remove the epidemic forms of criminality. +And nine-tenths of the crimes will then disappear, so that nothing will +remain of them but exceptional cases. There will remain, for instance, +such cases as that of the bricklayer which I mentioned, because there +may always be accidents, no matter what may be the form of social +organization, and nervous disorders may thus appear in certain +individuals. But you can see that these would be exceptional cases of +criminality, which will be easily cured under the direction of science, +that will be the supreme and beneficent manager of institutes for the +segregation of those who will be unfit for social intercourse. The +problem of criminality will thus be solved as far as possible, because +the gradual transformation of society will eliminate the swamps in which +the miasma of crime may form and breed. + +If we wish to apply these standards to an example which today attracts +the attention of all Italy to this noble city, if we desire to carry our +theories into the practice of contemporaneous life, if science is to +respond to the call of life, let us throw a glance at that form of +endemic criminality known as the Camorra in this city, which has taken +root here just as stabbing affrays have in certain centers of Turin, and +the Mafia in certain centers of Sicily. In the first place, we must not +be wilfully blind to facts and refuse to see that the citizens will +protect themselves, if social justice does not do so. And from that to +crime there is but a shot step. But which is the swampy soil in which +this social disease can spread and persist like leprosy in tin +collective organism? It is the economic poverty of the masses, which +lends to intellectual and moral poverty. + +You have lately had in Naples a very fortunate struggle, which seems to +have overcome one of the representatives of the high Camorra. But can we +believe that the courageous work of a few public writers has touched the +roots of the Camorra in this city? It would be self-deception to think +so. For we see that plants blossom out again, even after the most +destructive hurricane has passed over them. + +The healing of society is not so easy, that a collective plague may be +cured by the courageous acts of one or more individuals. The process is +much slower and more complicated. Nevertheless these episodes are +milestones of victory in the onward march of civilization, which will +paralyze the historical manifestations of social criminality. Here, +then, we have a city in which some hundred thousand people rise every +morning and do not know how to get a living, who have no fixed +occupation, because there is not enough industrial development to reach +that methodical application of labor which lifted humanity out of the +prehistoric forests. Truly, the human race progresses by two uplifting +energies: War and labor. + +In primitive and savage society, when the human personality did not know +the check of social discipline, a military discipline held the members +of the tribe together. But war, while useful in primitive society, loses +its usefulness more and more, because it carries within itself the +cancer that paralyzes it. + +While war compels collective groups to submit to the co-ordinating +discipline of human activity, it also decreases the respect for human +life. The soldier who kills his fellow man of a neighboring nation by a +stroke of his sword will easily lose the respect for the life of +members of his own social group. Then the second educational energy +interferes, the energy of labor, which makes itself felt at the decisive +moment of prehistoric development, when the human race passes from a +pastoral, hunting, and nomadic life Into an agriculture and settled +life. This is the historic stage, in which the collective ownership of +land and instruments of production is displaced by communal property, +family property, and finally individual property. During these stages, +humanity passes from individual and isolated labor in collective, +associated, co-ordinated labor. The remains of the neolithic epoch show +us the progress of the first workshops, in which our ancestors gathered +and fashioned their primitive tools and arms. They give us an idea of +associated and common labor, which then becomes the great uplifting +energy, because, unlike war, it does not carry within itself a disdain +or violation of the rights of others. Labor is the sole perennial energy +of mankind which leads to social perfection. But if you have 100,000 +persons in a city like Naples who do not enjoy the certainty and +discipline of employment at methodical and common labor, you need not +wonder that the uncertainty of daily life, an illfed stomach, and an +anemic brain, result in the atrophy of all moral sentiment, and that the +evil plant of the Camorra spreads out over everything. The processes in +the law courts may attract the fleeting attention of public opinion, of +legislation, of government, to the disease from which this portion of +the social organism is suffering, but mere repression will not +accomplish anything lasting. + +The teaching of science tells us plainly that in such a case of endemic +criminality social remedies must be applied to social evils. Unless the +remedy of social reforms accompanies the development and protection of +labor; unless justice is assured to every member of the collectivity, +the courage of this or that citizen is spent in vain, and the evil plant +will continue to thrive in the jungle. + +Taught by the masterly and inflexible logic of facts, we come to the +adoption of the scientific method in criminal research and conclude that +a simple and uniform remedy like punishment is not adequate to cure such +a natural and social phenomenon as crime, which has its own natural and +social causes. The measures for the preservation of society against +criminality must be manifold, complex and varied, and must be the +outcome of persevering and systematic work on the part of legislators +and citizens on the solid foundation of a systematic collective economy. + +Let me take leave of you with this practical conclusion, and give my +heart freedom to send to my brain a wave of fervent blood, which shall +express my enduring gratitude for the reception which you have given me. +Old in years, but young in spirit and energetic aspiration to every high +ideal, I tender you my sincere thanks. As a man and a citizen, I thank +you, because these three lectures have been for me a fountain of youth, +of faith, of enthusiasm. Thanks to them I return to the other fields of +my daily occupation with a greater faith in the future of my country and +of humanity. To you, young Italy, I address these words of thanks, glad +and honored, if my words have aroused in your soul one breath which will +make you stronger and more confident in the future of civilization and +social justice. + + + + + +End of Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +*** END OF THIS PROJECT GUTENBERG EBOOK THE POSITIVE SCHOOL OF CRIMINOLOGY *** + +***** This file should be named 10580-8.txt or 10580-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/5/8/10580/ + +Produced by Afra Ullah and PG Distributed Proofreaders + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS," WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + + https://www.gutenberg.org/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + diff --git a/old/10580-8.zip b/old/10580-8.zip Binary files differnew file mode 100644 index 0000000..e1fb424 --- /dev/null +++ b/old/10580-8.zip diff --git a/old/10580-h.zip b/old/10580-h.zip Binary files differnew file mode 100644 index 0000000..0b28b56 --- /dev/null +++ b/old/10580-h.zip diff --git a/old/10580-h/10580-h.htm b/old/10580-h/10580-h.htm new file mode 100644 index 0000000..aeb0362 --- /dev/null +++ b/old/10580-h/10580-h.htm @@ -0,0 +1,2830 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> +<meta HTTP-EQUIV="content-Type" CONTENT="text/html; charset=iso-8859-1"> +<title>The Project Gutenberg eBook of + The Positive School of Criminology, + by Enrico Ferri. +</title> +<style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + CENTER { padding: 10px;} + // --> +</style> +</head> +<body> + + +<pre> + +Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Positive School of Criminology + Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 + +Author: Enrico Ferri + +Release Date: January 2, 2004 [EBook #10580] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE POSITIVE SCHOOL OF CRIMINOLOGY *** + + + + +Produced by Afra Ullah and PG Distributed Proofreaders + + + + + +</pre> + +<center> + <h1 align="center"> + The Positive School of Criminology +</h1> + <h2 align="center"><em>Three Lectures</em></h2> + <h2 align="center"><em>Given at the University of Naples, Italy on April 22, 23 and 24, 1901 </em></h2> + <h2 align="center"> </h2> + <h2 align="center"><b>By Enrico Ferri</b></h2> + <h2 align="center">Translated by Ernest Untermann</h2> +</center> +<center><div align="center"> + Chicago +</div> +<div align="center"> + Charles H. Kerr & Company +1908 +</div></center> +<a name="2H_4_1"><!-- H2 anchor --></a> +<p> </p> +<h2> + I. +</h2> +<p> + My Friends: +</p> +<p> + When, in the turmoil of my daily occupation, I received an invitation, + several months ago, from several hundred students of this famous + university, to give them a brief summary, in short special lectures, of + the principal and fundamental conclusions of criminal sociology, I + gladly accepted, because this invitation fell in with two ideals of + mine. These two ideals are stirring my heart and are the secret of my + life. In the first place, this invitation chimed with the ideal of my + personal life, namely, to diffuse and propagate among my brothers the + scientific ideas, which my brain has accumulated, not through any merit + of mine, but thanks to the lucky prize inherited from my mother in the + lottery of life. And the second ideal which this invitation called up + before my mind's vision was this: The ideal of young people of Italy, + united in morals and intellectual pursuits, feeling in their social + lives the glow of a great aim. It would matter little whether this aim + would agree with my own ideas or be opposed to them, so long as it + should be an ideal which would lift the aspirations of the young people + out of the fatal grasp of egoistic interests. Of course, we positivists + know very well, that the material requirements of life shape and + determine also the moral and intellectual aims of human consciousness. + But positive science declares the following to be the indispensable + requirement for the regeneration of human ideals: Without an ideal, + neither an individual nor a collectivity can live, without it humanity + is dead or dying. For it is the fire of an ideal which renders the life + of each one of us possible, useful and fertile. And only by its help can + each one of us, in the more or less short course of his or her + existence, leave behind traces for the benefit of fellow-beings. The + invitation extended to me proves that the students of Naples believe in + the inspiring existence of such an ideal of science, and are anxious to + learn more about ideas, with which the entire world of the present day + is occupied, and whose life-giving breath enters even through the + windows of the dry courtrooms, when their doors are closed against it. +</p> +<hr> +<p> + Let us now speak of this new science, which has become known in Italy by + the name of the Positive School of Criminology. This science, the same + as every other phenomenon of scientific evolution, cannot be + shortsightedly or conceitedly attributed to the arbitrary initiative of + this or that thinker, this or that scientist. We must rather regard it + as a natural product, a necessary phenomenon, in the development of that + sad and somber department of science which deals with the disease of + crime. It is this plague of crime which forms such a gloomy and painful + contrast with the splendor of present-day civilization. The 19th century + has won a great victory over mortality and infectious diseases by means + of the masterful progress of physiology and natural science. But while + contagious diseases have gradually diminished, we see on the other hand + that moral diseases are growing more numerous in our so-called + civilization. While typhoid fever, smallpox, cholera and diphtheria + retreated before the remedies which enlightened science applied by means + of the experimental method, removing their concrete causes, we see on + the other hand that insanity, suicide and crime, that painful trinity, + are growing apace. And this makes it very evident that the science which + is principally, if not exclusively, engaged in studying these phenomena + of social disease, should feel the necessity of finding a more exact + diagnosis of these moral diseases of society, in order to arrive at some + effective and more humane remedy, which should more victoriously combat + this somber trinity of insanity, suicide and crime. +</p> +<p> + The science of positive criminology arose in the last quarter of the + 19th century, as a result of this strange contrast, which would be + inexplicable, if we could not discover historical and scientific reasons + for its existence. And it is indeed a strange contrast that Italy should + have arrived at a perfect theoretical development of a classical school + of criminology, while there persists, on the other hand, the disgraceful + condition that criminality assumes dimensions never before observed in + this country, so that the science of criminology cannot stem the tide of + crime in high and low circles. It is for this reason, that the positive + school of criminology arises out of the very nature of things, the same + as every other line of science. It is based on the conditions of our + daily life. It would indeed be conceited on our part to claim that we, + who are the originators of this new science and its new conclusions, + deserve alone the credit for its existence. The brain of the scientist + is rather a sort of electrical accumulator, which feels and assimilates + the vibrations and heart-beats of life, its splendor and its shame, and + derives therefrom the conviction that it must of necessity provide for + definite social wants. And on the other hand, it would be an evidence of + intellectual short-sightedness on the part of the positivist man of + science, if he did not recognize the historical accomplishments, which + his predecessors on the field of science have left behind as indelible + traces of their struggle against the unknown in that brilliant and + irksome domain. For this reason, the adherents of the positive school of + criminology feel the most sincere reverence for the classic school of + criminology. And I am glad today, in accepting the invitation of the + students of Naples, to say, that this is another reason why their + invitation was welcome to me. It is now 16 years since I gave in this + same hall a lecture on positive criminology, which was then in its + initial stages. It was in 1885, when I had the opportunity to outline + the first principles of the positive school of criminology, at the + invitation of other students, who preceded you on the periodic waves of + the intellectual generations. And the renewal of this opportunity gave + me so much moral satisfaction that, I could not under any circumstances + decline your invitation. Then too, the Neapolitan Atheneum has + maintained the reputation of the Italian mind in the 19th century, also + in that science which even foreign scientists admit to be our specialty, + namely the science of criminology. In fact, aside from the two terrible + books of the Digest, and from the practical criminologists of the Middle + Ages who continued the study of criminality, the modern world opened a + glorious page in the progress of criminal science with the modest little + book of Cesare Beccaria. This progress leads from Cesare Beccaria, by + way of Francesco Carrara, to Enrico Pessina. +</p> +<p> + Enrico Pessina alone remains of the two giants who concluded the cycle + of classic school of criminology. In a lucid moment of his scientific + consciousness, which soon reverted to the old abstract and metaphysical + theories, he announced in an introductory statement in 1879, that + criminal justice would have to rejuvenate itself in the pure bath of the + natural sciences and substitute in place of abstraction the living and + concrete study of facts. Naturally every scientist has his function and + historical significance; and we cannot expect that a brain which has + arrived at the end of its career should turn towards a new direction. At + any rate, it is a significant fact that this most renowned + representative of the classic school of criminology should have pointed + out this need of his special science in this same university of Naples, + one year after the inauguration of the positive school of criminology, + that he should have looked forward to a time when the study of natural + and positive facts would set to rights the old juridical abstractions. + And there is still another precedent in the history of this university, + which makes scientific propaganda at this place very agreeable for a + positivist. It is that six years before that introductory statement by + Pessina, Giovanni Bovio gave lectures at this university, which he + published later on under the title of "A Critical Study of Criminal + Law." Giovanni Bovio performed in this monograph the function of a + critic, but the historical time of his thought, prevented him from + taking part in the construction of a new science. However, he prepared + the ground for new ideas, by pointing out all the rifts and weaknesses + of the old building. Bovio maintained that which Gioberti, Ellero, + Conforti, Tissol had already maintained, namely that it is impossible to + solve the problem which is still the theoretical foundation of the + classic school of criminology, the problem of the relation between + punishment and crime. No man, no scientist, no legislator, no judge, has + ever been able to indicate any absolute standard, which would enable us + to say that equity demands a definite punishment for a definite crime. + We can find some opportunistic expedient, but not a solution of the + problem. Of course, if we could decide which is the gravest crime, then + we could also decide on the heaviest sentence and formulate a descending + scale which would establish the relative fitting proportions between + crime and punishment. If it is agreed that patricide is the gravest + crime, we meet out the heaviest sentence, death or imprisonment for + life, and then we can agree on a descending scale of crime and on a + parallel scale of punishments. But the problem begins right with the + first stone of the structure, not with the succeeding steps. Which is + the greatest penalty proportional to the crime of patricide? Neither + science, nor legislation, nor moral consciousness, can offer an absolute + standard. Some say: The greatest penalty is death. Others say: No, + imprisonment for life. Still others say: Neither death, nor imprisonment + for life, but only imprisonment for a time. And if imprisonment for a + time is to be the highest penalty, how many years shall it last + —thirty, or twenty-five, or ten? +</p> +<p> + No man can set up any absolute standard in this matter. Giovanni Bovio + thus arrived at the conclusion that this internal contradiction in the + science of criminology was the inevitable fate of human justice, and + that this justice, struggling in the grasp of this internal + contradiction, must turn to the civil law and ask for help in its + weakness. The same thought had already been illumined by a ray from the + bright mind of Filangieri, who died all too soon. And we can derive from + this fact the historical rule that the most barbarian conditions of + humanity show a prevalence of a criminal code which punishes without + healing; and that the gradual progress of civilization will give rise + to the opposite conception of healing without punishing. +</p> +<p> + Thus it happens that this university of Naples, in which the illustrious + representative of the classic school of criminology realized the + necessity of its regeneration, and in which Bovio foresaw its sterility, + has younger teachers now who keep alive the fire of the positivist + tendency in criminal science, such as Penta, Zuccarelli, and others, + whom you know. Nevertheless I feel that this faculty of jurisprudence + still lacks oxygen in the study of criminal law, because its thought is + still influenced by the overwhelming authority of the name of Enrico + Pessina. And it is easy to understand that there, where the majestic + tree spreads out its branches towards the blue vault, the young plant + feels deprived of light and air, while it might have grown strong and + beautiful in another place. +</p> +<p> + The positive school of criminology, then, was born in our own Italy + through the singular attraction of the Italian mind toward the study of + criminology; and its birth is also due to the peculiar condition our + country with its great and strange contrast between the theoretical + doctrines and the painful fact of an ever increasing criminality. +</p> +<p> + The positive school of criminology was inaugurate by the work of Cesare + Lombroso, in 1872. From 1872 to 1876 he opened a new way for the study + of criminality by demonstrating in his own person that we must first + understand the criminal who offends, before we can study and understand + his crime. Lombroso studied the prisoners in the various penitentiaries + of Italy from the point of view of anthropology. And he compiled his + studies in the reports of the Lombardian Institute of Science and + Literature, and published them later together in his work "Criminal + Man." The first edition of this work (1876) remained almost unnoticed, + either because its scientific material was meager, or because Cesare + Lombroso had not yet drawn any general scientific conclusions, which + could have attracted the attention of the world of science and law. But + simultaneously with its second edition (1878) there appeared two + monographs, which constituted the embryo of the new school, + supplementing the anthropological studies of Lombroso with conclusions + and systematizations from the point of view of sociology and law. + Raffaele Garofalo published in the Neapolitan Journal of Philosophy and + Literature an essay on criminality, in which he declared that the + dangerousness of the criminal was the criterion by which society should + measure the function of its defense against the disease of crime. And in + the same year, 1878, I took occasion to publish a monograph on the + denial of free will and personal responsibility, in which I declared + frankly that from now on the science of crime and punishment must look + for the fundamental facts of a science of social defense against crime + in the human and social life itself. The simultaneous publication of + these three monographs caused a stir. The teachers of classic + criminology, who had taken kindly to the recommendations of Pessina and + Ellero, urging them to study the natural sources of crime, met the new + ideas with contempt, when the new methods made a determined and radical + departure, and became not only the critics, but the zealous opponents of + the new theories. And this is easy to understand. For the struggle for + existence is an irresistible law of nature, as well for the thousands of + germs scattered to the winds by the oak, as for the ideas which grow in + the brain of man. But persecutions, calumnies, criticisms, and + opposition are powerless against an idea, if it carries within itself + the germ of truth. Moreover, we should look upon this phenomenon of a + repugnance in the average intellect (whether of the ordinary man or the + scientist) for all new ideas as a natural function. For when the brain + of some man has felt the light of a new idea, a sneering criticism + serves us a touchstone for it. If the idea is wrong, it will fall by the + wayside; if it is right, then criticisms, opposition and persecution + will cull the golden kernel from the unsightly shell, and the idea will + march victoriously over everything and everybody. It is so in all walks + of life—in art, in politics, in science. Every new idea will rouse + against itself naturally and inevitably the opposition of the accustomed + thoughts. This is so true, that when Cesare Beccaria opened the great + historic cycle of the classic school of criminology, he was assaulted by + the critics of his time with the same indictments which were brought + against us a century later. +</p> +<p> + When Cesare Beccaria printed his book on crime and penalties in 1774 + under a false date and place of publication, reflecting the aspirations + which gave rise to the impending hurricane of the French revolution; + when he hurled himself against all that was barbarian in the mediaeval + laws and set loose a storm of enthusiasm among the encyclopedists, and + even some of the members of government, in France, he was met by a wave + of opposition, calumny and accusation on the part of the majority of + jurists, judges and lights of philosophy. The abbi Jachinci published + four volumes against Beccaria, calling him the destroyer of justice and + morality, simply because he had combatted the tortures and the death + penalty. +</p> +<p> + The tortures, which we incorrectly ascribe to the mental brutality of + the judges of those times, were but a logical consequence of the + contemporaneous theories. It was felt that in order to condemn a man, + one must have the certainty of his guilty, and it was said that the best + means of obtaining tins certainty, the queen of proofs, was the + confession of the criminal. And if the criminal denied his guilt, it was + necessary to have recourse to torture, in order to force him to a + confession which he withheld from fear of the penalty. The torture + soothed, so to say, the conscience of the judge, who was free to condemn + as soon as he had obtained a confession. Cesare Beccaria rose with + others against the torture. Thereupon the judges and jurists protested + that penal justice would be impossible, because it could not get any + information, since a man suspected of a crime would not confess his + guilt voluntarily. Hence they accused Beccaria of being the protector of + robbers and murderers, because he wanted to abolish the only means of + compelling them to a confession, the torture. But Cesare Beccaria had on + his side the magic power of truth. He was truly the electric accumulator + of his time, who gathered from its atmosphere the presage of the coming + revolution, the stirring of the human conscience. You can find a similar + illustration in the works of Daquin in Savoy, of Pinel in France, and of + Hach Take in England, who strove to bring about a revolution in the + treatment of the insane. This episode interests us especially, because + it is a perfect illustration of the way traveled by the positive school + of criminology. The insane were likewise considered to blame for their + insanity. At the dawn of the 19th century, the physician Hernroth still + wrote that insanity was a moral sin of the insane, because "no one + becomes insane, unless he forsakes the straight path of virtue and of + the fear of the Lord." +</p> +<p> + And on this assumption the insane were locked up in horrible dungeons, + loaded down with chains, tortured and beaten, for lo! their insanity was + their own fault. +</p> +<p> + At that period, Pinel advanced the revolutionary idea that insanity was + not a sin, but a disease like all other diseases. This idea is now a + commonplace, but in his time it revolutionized the world. It seemed as + though this innovation inaugurated by Pinel would overthrow the world + and the foundations of society. Well, two years before the storming of + the Bastile Pinel walked into the sanitarium of the Salpetriere and + committed the brave act of freeing the insane of the chains that weighed + them down. He demonstrated in practice that the insane, when freed of + their chains, became quieter, instead of creating wild disorder and + destruction. This great revolution of Pinel, Chiarugi, and others, + changed the attitude of the public mind toward the insane. While + formerly insanity had been regarded as a moral sin, the public + conscience, thanks to the enlightening work of science, henceforth had + to adapt itself to the truth that insanity is a disease like all + others, that a man does not become insane because he wants to, but that + he becomes insane through hereditary transmission and the influence of + the environment in which he lives, being predisposed toward insanity and + becoming insane under the pressure of circumstances. +</p> +<p> + The positive school of criminology accomplished the same revolution in + the views concerning the treatment of criminals that the above named men + of science accomplished for the treatment of the insane. The general + opinion of classic criminalists and of the people at large is that crime + involves a moral guilt, because it is due to the free will of the + individual who leaves the path of virtue and chooses the path of crime, + and therefore it must be suppressed by meeting it with a proportionate + quantity of punishment. This is to this day the current conception of + crime. And the illusion of a free human will (the only miraculous factor + in the eternal ocean of cause and effect) leads to the assumption that + one can choose freely between virtue and vice. How can you still believe + in the existence of a free will, when modern psychology armed with all + the instruments of positive modern research, denies that there is any + free will and demonstrates that every act of a human being is the + result of an interaction between the personality and the environment of + man? +</p> +<p> + And how is it possible to cling to that obsolete idea of moral guilt, + according to which every individual is supposed to have the free choice + to abandon virtue and give himself up to crime? The positive school of + criminology maintains, on the contrary, that it is not the criminal who + wills; in order to be a criminal it is rather necessary that the + individual should find himself permanently or transitorily in such + personal, physical and moral conditions, and live in such an + environment, which become for him a chain of cause and effect, + externally and internally, that disposes him toward crime. This is our + conclusion, which I anticipate, and it constitutes the vastly different + and opposite method, which the positive school of criminology employs as + compared to the leading principle of the classic school of criminal + science. +</p> +<p> + In this method, this essential principle of the positive school of + criminology, you will find another reason for the seemingly slow advance + of this school. That is very natural. If you consider the great reform + carried by the ideas of Cesare Beccaria into the criminal justice of + the Middle Age, you will see that the great classic school represents + but a small step forward, because it leaves the penal justice on the + same theoretical and practical basis which it had in the Middle Age and + in classic antiquity, that is to say, based on the idea of a moral + responsibility of the individual. For Beccaria, for Carrara, for their + predecessors, this idea is no more nor less than that mentioned in books + 47 and 48 of the Digest: "The criminal is liable to punishment to the + extent that he is morally guilty of the crime he has committed." The + entire classic school is, therefore, nothing but a series of reforms. + Capital punishment has been abolished in some countries, likewise + torture, confiscation, corporal punishment. But nevertheless the immense + scientific movement of the classic school has remained a mere reform. +</p> +<p> + It has continued in the 19th century to look upon crime in the same way + that the Middle Age did: "Whoever commits murder or theft, is alone the + absolute arbiter to decide whether he wants to commit the crime or not." + This remains the foundation of the classic school of criminology. This + explains why it could travel on its way more rapidly than the positive + school of criminology. And yet, it took half a century from the time of + Beccaria, before the penal codes showed signs of the reformatory + influence of the classic school of criminology. So that it has also + taken quite a long time to establish it so well that it became accepted + by general consent, as it is today. The positive school of criminology + was born in 1878, and although it does not stand for a mere reform of + the methods of criminal justice, but for a complete and fundamental + transformation of criminal justice itself, it has already gone quite a + distance and made considerable conquests which begin to show in our + country. It is a fact that the penal code now in force in this country + represents a compromise, so far as the theory of personal responsibility + is concerned, between the old theory of free will and the conclusions of + the positive school which denies this free will. +</p> +<p> + You can find an illustration of this in the eloquent contortions of + phantastic logic in the essays on the criminal code written by a great + advocate of the classic school of criminology, Mario Pagano, this + admirable type of a scientist and patriot, who does not lock himself up + in the quiet egoism of his study, but feels the ideal of his time + stirring within him and gives up his life to it. He has written three + lines of a simple nudity that reveals much, in which he says: "A man is + responsible for the crimes which he commits; if, in committing a crime, + his will is half free, he is responsible to the extent of one-half; if + one-third, he is responsible one-third." There you have the + uncompromising and absolute classic theorem. But in the penal code of + 1890, you will find that the famous article 45 intends to base the + responsibility for a crime on the simple will, to the exclusion of the + free will. However, the Italian judge has continued to base the exercise + of penal justice on the supposed existence of the free will, and + pretends not to know that the number of scientists denying the free will + is growing. Now, how is it possible that so terrible an office as that + of sentencing criminals retains its stability or vacillates, according + to whether the first who denies the existence of a free will deprives + this function of its foundation? +</p> +<p> + Truly, it is said that this question has been too difficult for the new + Italian penal code. And, for this reason, it was thought best to base + the responsibility for a crime on the idea that a man is guilty simply + for the reason that he wanted to commit the crime; and that he is not + responsible if he did not want to commit it. But this is an eclectic way + out of the difficulty, which settles nothing, for in the same code we + have the rule that involuntary criminals are also punished, so that + involuntary killing and wounding are punished with imprisonment the same + as voluntary deeds of this kind. We have heard it said in such cases + that the result may not have been intended, but the action bringing it + about was. If a hunter shoots through a hedge and kills or wounds a + person, he did not intend to kill, and yet he is held responsible + because his first act, the shooting, was voluntary. +</p> +<p> + That statement applies to involuntary crimes, which are committed by + some positive act. But what about involuntary crimes of omission? In a + railway station, where the movements of trains represent the daily whirl + of traffic in men, things, and ideas, every switch is a delicate + instrument which may cause a derailment. The railway management places a + switchman on duty at this delicate post. But in a moment of fatigue, or + because he had to work inhumanly long hours of work, which exhausted all + his nervous elasticity, or for other reasons, the switchman forgets to + set the switch and causes a railroad accident, in which people are + killed and wounded. Can it be said that he intended the first act? + Assuredly not, for he did not intend anything and did not do anything. + The hunter who fires a shot has at least had the intention of shooting. + But the switchman did not want to forget (for in that case he would be + indirectly to blame); he has simply forgotten from sheer fatigue to do + his duty; he has had no intention whatever, and yet you hold him + responsible in spite of all that! The fundamental logic of your + reasoning in this case corresponds to the logic of the things. Does it + not happen every day in the administration of justice that the judges + forget about the neutral expedient of the legislator who devised this + relative progress of the penal code, which pretends to base the + responsibility of a man on the neutral and naive criterion of a will + without freedom of will? Do they not follow their old mental habits in + the administration of justice and apply the obsolete criterion of the + free will, which the legislator thought fit to abandon? We see, then, + as a result of this imperfect and insincere innovation in penal + legislation this flagrant contradiction, that the magistrates assume the + existence of a free will, while the legislator has decided that it shall + not be assumed. Now, in science as well as in legislation, we should + follow a direct and logical line, such as that of the classic school or + the positive school of criminology. But whoever thinks he has solved a + problem when he gives us a solution which is neither fish nor fowl, + comes to the most absurd and iniquitous conclusions. You see what + happens every day. If to-morrow some beastly and incomprehensible crime + is committed, the conscience of the judge is troubled by this question: + Was the person who committed this crime morally free to act or not? He + may also invoke the help of legislation, and he may take refuge in + article 46,[<a href="#fA">A</a>] or in that compromise of article 47,[<a href="#fB">B</a>] which admits + a responsibility of one-half or one-third, and he would decide on a + penalty of one-half or one-third. +</p> +<p> + All this may take place in the case of a grave and strange crime. And on + the other hand, go to the municipal courts or to the police courts, + where the magic lantern of justice throws its rays upon the nameless + human beings who have stolen a bundle of wood in a hard winter, or who + have slapped some one in the face during a brawl in a + saloon. And if they should find a defending lawyer who would demand the + appointment of a medical expert, watch the reception he would get from + the judge. When justice is surprised by a beastly and strange crime, it + feels the entire foundation of its premises shaking, it halts for a + moment, it calls in the help of legal medicine, and reflects before it + sentences. But in the case of those poor nameless creatures, justice + does not stop to consider whether that microbe in the criminal world who + steals under the influence of hereditary or acquired degeneration, or in + the delirium of chronic hunger, is not worthy of more pity. It rather + replies with a mephistophelian grin when he begs for a humane + understanding of his case. +</p> +<p> + [<a name="fA">A</a>] Article 46: "A person is not subject to punishment, if at the moment + of his deed he was in a mental condition which deprived him of + consciousness or of the freedom of action. But if the judge considers it + dangerous to acquit the prisoner, he has to transfer him to the care of + the proper authorities, who will take the necessary precautions." +</p> +<p> + [<a name="fB">B</a>] Article 47: "If the mental condition mentioned in the foregoing + article was such as to considerably decrease the responsibility, without + eliminating it entirely, the penalty fixed upon the crime committed is + reduced according to the following rules: +</p> +<p> + "I. In place of penitentiary, imprisonment for not less than six years. +</p> +<p> + "II. In place of the permanent loss of civic rights, a loss of these + rights for a stipulated time. +</p> +<p> + "III. Whenever it is a question of a penalty of more than twelve years, + it is reduced to from three to ten years; if of more than six years, but + not more than twelve, it is reduced to from one to five years; in other + cases, the reduction is to be one-half of the ordinary penalty. +</p> +<p> + "IV. A fine is reduced to one-half. +</p> +<p> + "V. If the penalty would be a restriction of personal liberty, the judge + may order the prisoner to a workhouse, until the proper authorities + object, when the remainder of the sentence is carried out in the usual + manner." +</p> +<p> + It is true that there is now and then in those halls of justice, which + remain all too frequently closed to the living wave of public sentiment, + some more intelligent and serene judge who is touched by this painful + understanding of the actual human life. Then he may, under the illogical + conditions of penal justice, with its compromise between the exactness + of the classic and that of the positive school of criminology, seek for + some expedient which may restore him to equanimity. +</p> +<p> + In 1832, France introduced a penal innovation, which seemed to represent + an advance on the field of justice, but which is in reality a denial of + justice: The expedient of <i>extenuating circumstances</i>. The judge does + not ask for the advice of the court physician in the case of some + forlorn criminal, but condemns him without a word of rebuke to society + for its complicity. But in order to assuage his own conscience he grants + him extenuating circumstances, which seem a concession of justice, but + are, in reality, a denial of justice. For you either believe that a man + is responsible for his crime, and in that case the concession of + extenuating circumstances is a hypocrisy; or you grant them in good + faith, and then you admit that the man was in circumstances which + reduced his moral responsibility, and thereby the extenuating + circumstances become a denial of justice. For if your conviction + concerning such circumstances were sincere, you would go to the bottom + of them and examine with the light of your understanding all those + innumerable conditions which contribute toward those extenuating + circumstances. But what are those extenuating circumstances? Family + conditions? Take it that a child is left alone by its parents, who are + swallowed up in the whirl of modern industry, which overthrows the laws + of nature and forbids the necessary rest, because steam engines do not + get tired and day work must be followed by night work, so that the + setting of the sun is no longer the signal for the laborer to rest, but + to begin a new shift of work. Take it that this applies not alone to + adults, but also to human beings in the growing stage, whose muscular + power may yield some profit for the capitalists. Take it that even the + mother, during the period of sacred maternity, becomes a cog in the + machinery of industry. And you will understand that the child must grow + up, left to its own resources, in the filth of life, and that its + history will be inscribed in criminal statistics, which are the shame of + our so-called civilization. +</p> +<p> + Of course, in this first lecture I cannot give you even a glimpse of the + positive results of that modern science which has studied the criminal + and his environment instead of his crimes. And I must, therefore, limit + myself to a few hints concerning the historical origin of the positive + school of criminology. I ought to tell you something concerning the + question of free will. But you will understand that such a momentous + question, which is worthy of a deep study of the many-sided physical, + moral, intellectual life, cannot be summed up in a few short words. I + can only say that the tendency of modern natural sciences, in physiology + as well as psychology, has overruled the illusions of those who would + fain persist in watching psychological phenomena merely within + themselves and think that they can understand them without any other + means. On the contrary, positive science, backed by the testimony of + anthropology and of the study of the environment, has arrived at the + following conclusions: The admission of a free will is out of the + question. For if the free will is but an illusion of our internal being, + it is not a real faculty possessed by the human mind. Free will would + imply that the human will, confronted by the choice of making + voluntarily a certain determination, has the last decisive word under + the pressure of circumstances contending for and against this decision; + that it is free to decide for or against a certain course independently + of internal and external circumstances, which play upon it, according to + the laws of cause and effect. +</p> +<p> + Take it that a man has insulted me. I leave the place in which I have + been insulted, and with me goes the suggestion of forgiveness or of + murder and vengeance. And then it is assumed that a man has his complete + free will, unless he is influenced by circumstances explicitly + enumerated by the law, such as minority, congenital deaf-muteness, + insanity, habitual drunkenness and, to a certain extent, violent + passion. If a man is not in a condition mentioned in this list, he is + considered in possession of his free will, and if he murders he is held + morally responsible and therefore punished. +</p> +<p> + This illusion of a free will has its source in our inner consciousness, + and is due solely to the ignorance in which we find ourselves concerning + the various motives and different external and internal conditions which + press upon our mind at the moment of decision. +</p> +<p> + If a man knows the principal causes which determine a certain + phenomenon, he says that this phenomenon is inevitable. If he does not + know them, he considers it as an accident, and this corresponds in the + physical field to the arbitrary phenomenon of the human will which does + not know whether it shall decide this way or that. For instance, some of + us were of the opinion, and many still are, that the coming and going of + meteorological phenomena was accidental and could not he foreseen. But + in the meantime, science has demonstrated that they are likewise subject + to the law of causality, because it discovered the causes which enable + us to foresee their course. Thus weather prognosis has made wonderful + progress by the help of a network of telegraphically connected + meteorological stations, which succeeded in demonstrating the connection + between cause and effect in the case of hurricanes, as well as of any + other physical phenomenon. It is evident that the idea of accident, + applied to physical nature, is unscientific. Every physical phenomenon + is the necessary effect of the causes that determined it beforehand. If + those causes are known to us, we have the conviction that that + phenomenon is necessary, is fate, and, if we do not know them, we think + it is accidental. The same is true of human phenomena. But since we do + not know the internal and external causes in the majority of cases, we + pretend that they are free phenomena, that is to say, that they are not + determined necessarily by their causes. Hence the spiritualistic + conception of the free will implies that every human being, in spite of + the fact that their internal and external conditions are necessarily + predetermined, should be able to come to a deliberate decision by the + mere fiat of his or her free will, so that, even though the sum of all + the causes demands a no, he or she can decide in favor of yes, and vice + versa. Now, who is there that thinks, when deliberating some action, + what are the causes that determine his choice? We can justly say that + the greater part of our actions are determined by habit, that we make up + our minds almost from custom, without considering the reason for or + against. When we get up in the morning we go about our customary + business quite automatically, we perform it as a function in which we do + not think of a free will. We think of that only in unusual and grave + cases, when we are called upon to make some special choice, the + so-called voluntary deliberation, and then we weigh the reasons for or + against; we ponder, we hesitate what to do. Well, even in such cases, so + little depends on our will in the deliberations which we are about to + take that if any one were to ask us one minute before we have decided + what we are going to do, we should not know what we were going to + decide. So long as we are undecided, we cannot foresee what we are going + to decide; for under the conditions in which we live that part of the + psychic process takes place outside of our consciousness. And since we + do not know its causes, we cannot tell what will be its effects. Only + after we have come to a certain decision can we imagine that it was due + to our voluntary action. But shortly before we could not tell, and that + proves that it did not depend on us alone. Suppose, for instance, that + you have decided to play a joke on a fellow-student, and that you carry + it out. He takes it unkindly. You are surprised, because that is + contrary to his habits and your expectations. But after a while you + learn that your friend had received bad news from home on the preceding + morning and was therefore not in a condition to feel like joking, and + then you say: "If we had known that we should not have decided to spring + the joke on him." That is equivalent to saying that, if the balance of + your will had been inclined toward the deciding motive of no, you would + have decided no; but not knowing that your friend was distressed and not + in his habitual frame of mind, you decided in favor of yes. This + sentence: "If I had known this I should not have done that" is an outcry + of our internal consciousness, which denies the existence of a free + will. +</p> +<p> + On the other hand, nothing is created and nothing destroyed either in + matter or in force, because both matter and force are eternal and + indestructible. They transform themselves in the most diversified + manner, but not an atom is added or taken away, not one vibration more + or less takes place. And so if is the force of external and internal + circumstances which determines the decision of our will at any given + moment. The idea of a free will, however, is a denial of the law of + cause and effect, both in the field of philosophy and theology. Saint + Augustine and Martin Luther furnish irrefutable theological arguments + for the denial of a free will. The omnipotence of God is irreconcilable + with the idea of free will. If everything that happens does so because a + superhuman and omnipotent power wants it <i>(Not a single leaf falls to + the ground without the will of God)</i>, how can a son murder his father + without the permission and will of God? For this reason Saint Augustine + and Martin Luther have written <i>de servo arbitrio</i>. +</p> +<p> + But since theological arguments serve only those who believe in the + concept of a god, which is not given to us by science, we take recourse + to the laws which we observe in force and matter, and to the law of + causality. If modern science has discovered the universal link which + connects all phenomena through cause and effect, which shows that every + phenomenon is the result of causes which have preceded it; if this is + the law of causality, which is at the very bottom of modern scientific + thought, then it is evident that the admission of free thought is + equivalent to an overthrow of this law, according to which every effect + is proportionate to its cause. In that case, this law, which reigns + supreme in the entire universe, would dissolve itself into naught at + the feet of the human being, who would create effects with his free will + not corresponding to their causes! It was all right to think so at a + time when people had an entirely different idea of human beings. But the + work of modern science, and its effect on practical life, has resulted + in tracing the relations of each one of us with the world and with our + fellow beings. And the influence of science may be seen in the + elimination of great illusions which in former centuries swayed this or + that part of civilized humanity. The scientific thought of Copernicus + and Galilei did away with the illusions which led people to believe that + the earth was the center of the universe and of creation. +</p> +<p> + Take Cicero's book <i>de Officims</i>, or the <i>Divina Commedia</i> of Dante, and + you will find that to them the earth is the center of creation, that the + infinite stars circle around it, and that man is the king of animals: a + geocentric and anthropocentric illusion inspired by immeasurable + conceit. But Copernicus and Galilei came and demonstrated that the earth + does not stand still, but that it is a grain of cosmic matter hurled + into blue infinity and rotating since time unknown around its central + body, the sun, which originated from an immense primitive nebula. + Galilei was subjected to tortures by those who realized that this new + theory struck down many a religious legend and many a moral creed. But + Galilei had spoken the truth, and nowadays humanity no longer indulges + in the illusion that the earth is the center of creation. +</p> +<p> + But men live on illusions and give way but reluctantly to the progress + of science, in order to devote themselves arduously to the ideal of the + new truths which rise out of the essence of things of which mankind is a + part. After the geocentric illusion had been destroyed, the + anthropocentric illusion still remained. On earth, man was still + supposed to be king of creation, the center of terrestrial life. All + Species of animals, plants and minerals were supposed to be created + expressly for him, and to have had from time immemorial the forms which + we see now, so that the fauna and flora living on our planet have always + been what they are today. And Cicero, for instance, said that the + heavens were placed around the earth and man in order that he might + admire the beauty of the starry firmament at night, and that animals + and plants were created for his use and pleasure. But in 1856 Charles + Darwin came and, summarizing the results of studies that had been + carried on for a century, destroyed in the name of science the superb + illusion that man is the king and center of creation. He demonstrated, + amid the attacks and calumnies of the lovers of darkness, that man is + not the king of creation, but merely the last link of the zoological + chain, that nature is endowed with eternal energies by which animal and + plant life, the same as mineral life (for even in crystals the laws of + life are at work), are transformed from the invisible microbe to the + highest form, man. +</p> +<p> + The anthropocentric illusion rebelled against the word of Darwin, + accusing him of lowering the human life to the level of the dirt or of + the brute. But a disciple of Darwin gave the right answer, while + propagating the Darwinian theory at the university of Jena. It was + Haeckel, who concluded: "For my part, and so far as my human + consciousness is concerned, I prefer to be an immensely perfected ape + rather than to be a degenerated and debased Adam." +</p> +<p> + Gradually the anthropocentric illusion has been compelled to give way + before the results of science, and today the theories of Darwin have + become established among our ideas. But another illusion still remains, + and science, working in the name of reality, will gradually eliminate + it, namely the illusion that the nineteenth century has established a + permanent order of society. While the geocentric and anthropocentric + illusions have been dispelled, the illusion of the immobility and + eternity of classes still persists. But it is well to remember that in + Holland in the sixteenth century, in England in the seventeenth, in + Europe since the revolution of 1789, we have seen that freedom of + thought in science, literature and art, for which the bourgeoisie + fought, triumphed over the tyranny of the mediaeval dogma. And this + condition, instead of being a glorious but transitory stage, is supposed + to be the end of the development of humanity, which is henceforth + condemned not to perfect itself any more by further changes. This is the + illusion which serves as a fundamental argument against the positive + school of criminology, since it is claimed that a penal justice + enthroned on the foundations of Beccaria and Carrara would be a + revolutionary heresy. It is also this illusion which serves as an + argument against those who draw the logical consequences in regard to + the socialistic future of humanity, for the science which takes its + departure front the work of Copernicus, Galilei and Darwin arrives + logically at socialism. Socialism is but the natural and physical + transformation of the economic and social institutions. Of course, so + long as the geocentric and anthropocentric illusions dominate, it is + natural that the lore of stability should impress itself upon science + and life. How could this living atom, which the human being is, + undertake to change that order of creation, which makes of the earth the + center of the universe and of man the center of life? Not until science + had introduced the conception of a natural formation and transformation, + of the solar system, as well as of the fauna and flora, did the human + mind grasp the idea that thought and action can transform the world. +</p> +<p> + For this reason we believe that the study of the criminal, and the + logical consequences therefrom, will bring about the complete + transformation of human justice, not only as a theory laid down in + scientific books, but also as a practical function applied every day to + that living and suffering portion of humanity which has fallen into + crime. We have the undaunted faith that the work of scientific truth + will transform penal justice into a simple function of preserving + society from the disease of crime, divested of all relics of vengeance, + hatred and punishment, which still survive in our day as living + reminders of the barbarian stage. We still hear the "public vengeance" + invoked against the criminal today, and justice has still for its symbol + a sword, which it uses more than the scales. But a judge born of a woman + cannot weigh the moral responsibility of one who has committed murder or + theft. Not until the experimental and scientific method shall look for + the causes of that dangerous malady, which we call crime, in the + physical and psychic organism, and in the family and the environment, of + the criminal, will justice guided by science discard the sword which now + descends bloody upon those poor fellow-beings who have fallen victims to + crime, and become a clinical function, whose prime object shall be to + remove or lessen in society and individuals the causes which incite to + crime. Then alone will justice refrain from wreaking vengeance, after a + crime has been committed, with the shame of an execution or the + absurdity of solitary confinement. +</p> +<p> + On the one hand, human life depends on the word of a judge, who may err + in the case of capital punishment; and society cannot end the life of a + man, unless the necessity of legitimate self-defense demands it. On the + other hand, solitary confinement came in with the second current of the + classic school of criminology, when at the same time, in which Beccaria + promulgated his ideas, John Howard traveled all over Europe describing + the unmentionable horrors of mass imprisonment, which became a center of + infection for society at large. Then the classic school went to the + other extreme of solitary confinement, after the model of America, + whence we adopted the systems of Philadelphia and Harrisburg in the + first half of the nineteenth century. Isolation for the night is also + our demand, but we object to continuous solitary confinement by day and + night. Pasquale Mancini called solitary confinement "a living grave," in + order to reassure the timorous, when in the name of the classic school, + whose valiant champion he was, he demanded in 1876 the abolition of + capital punishment. Yet in his swan song he recognized that the future + would belong to the positive school of criminology. And it is this + "living grave" against which we protest. It cannot possibly be an act of + human justice to bury a human being in a narrow cell, within four walls, + to prevent this being from having any contact with social life, and to + say to him at the end of his term: Now that your lungs are no longer + accustomed to breathing the open air, now that your legs are no longer + used to the rough roads, go, but take care not, to have a relapse, or + your sentence will be twice as hard. +</p> +<p> + In reality, solitary confinement makes of a human being either a stupid + creature, or a raving beast. And "s'io dico il vero, l'effeto nol + nasconde"—if I speak the truth, the facts will also reveal it—for + criminality increases and expands, honest people remain unprotected, and + those who are struck by the law do not improve, but become ever more + antisocial through the repeated relapses. And so we have that contrast + which I mentioned in the beginning of my lecture, that the theoretical + side of criminal science is so perfected, while criminal conditions are + painfully in evidence. The inevitable conclusion is the necessity of a + progressive transformation of the science of crime and punishment. +</p> +<a name="2H_4_2"><!-- H2 anchor --></a> +<p> </p> +<h2> + OF CRIMINOLOGY. +</h2> +<h2>II. </h2> +<p> + We saw yesterday in a short historical review that the classic cycle of + the science of crime and punishment, originated by Cesare Beccaria more + than a century ago, was followed in our country, some twenty years + since, by the scientific movement of the positive school of criminology. + Let us see today how this school studied the problem of criminality, + reserving for tomorrow the discussion of the remedies proposal by this + school for the disease of criminality. +</p> +<p> + When a crime is committed in some place, attracting public attention + either through the atrocity of the case or the strangeness of the + criminal deed—for instance, one that is not connected with bloodshed, + but with intellectual fraud—there are at once two tendencies that make + themselves felt in the public conscience. One of them, pervading the + overwhelming majority of individual consciences, asks: How is this? What + for? Why did that man commit such a crime? This question is asked by + everybody and occupies mostly the attention of those who do not look + upon the case from the point of view of criminology. On the other hand, + those who occupy themselves with criminal law represent the other + tendency, which manifests itself when acquainted with the news of this + crime. This is a limited portion of the public conscience, which tries + to study the problem from the standpoint of the technical jurist. The + lawyers, the judges, the officials of the police, ask themselves: What + is the name of the crime committed by that man under such circumstances? + Must it be classed us murder or patricide, attempted or incompleted + manslaughter, and, if directed against property, is it theft, or illegal + appropriation, or fraud? And the entire apparatus of practical criminal + justice forgets at once the first problem, which occupies the majority + of the public conscience, the question of the causes that led to this + crime, in order to devote itself exclusively to the technical side of + the problem which constitutes the juridical anatomy of the inhuman and + antisocial deed perpetrated by the criminal. +</p> +<p> + In these two tendencies you have a photographic reproduction of the two + schools of criminology. The classic school, which looks upon the crime + as a juridical problem, occupies itself with its name, its definition, + its juridical analysis, leaves the personality of the criminal in the + background and remembers it only so far as exceptional circumstances + explicitly stated in the law books refer to it: whether he is a minor, a + deaf-mute, whether it is a case of insanity, whether he was drunk at the + time the crime was committed. Only in these strictly defined cases does + the classic school occupy itself theoretically with the personality of + the criminal. But ninety times in one hundred these exceptional + circumstances do not exist or cannot be shown to exist, and penal + justice limits itself to the technical definition of the fact. But when + the case comes up in the criminal court, or before the jurors, practice + demonstrates that there is seldom a discussion between the lawyers of + the defense and the judges for the purpose of ascertaining the most + exact definition of the fact, of determining whether it is a case of + attempted or merely projected crime, of finding out whether there are + any of the juridical elements defined in this or that article of the + code. The judge is rather face to face with the problem of ascertaining + why, under what conditions, for what reasons, the man has committed the + crime. This is the supreme and simple human problem. But hitherto it has + been left to a more or less perspicacious, more or less gifted, + empiricism, and there have been no scientific standards, no methodical + collection of facts, no observations and conclusions, save those of the + positive school of criminology. This school alone makes an attempt to + solve in every case of crime the problem of its natural origin, of the + reasons and conditions that induced a man to commit such and such a + crime. +</p> +<p> + For instance, about 3,000 cases of manslaughter are registered every + year in Italy. Now, open any work inspired by the classic school of + criminology, and ask the author why 3,000 men are the victims of + manslaughter every year in Italy, and how it is that there are not + sometimes only as many as, say, 300 cases, the number committed in + England, which has nearly the same number of inhabitants as Italy; and + how it is that there are not sometimes 300,000 such cases in Italy + instead of 3,000? +</p> +<p> + It is useless to open any work of classical criminology for this + purpose, for you will not find an answer to these questions in than. No + one, from Beccaria to Carrara, has ever thought of this problem, and + they could not have asked it, considering their point of departure and + their method. In fact, the classic criminologists accept the phenomenon + of criminality as an accomplished fact. They analyze it from the point + of view of the technical jurist, without asking how this criminal fact + may have been produced, and why it repeats itself in greater or smaller + numbers from year to year, in every country. The theory of a free will, + which is their foundation, excludes the possibility of this scientific + question, for according to it the crime is the product of the fiat of + the human will. And if that is admitted as a fact, there is nothing left + to account for. The manslaughter was committed, because the criminal + wanted to commit it; and that is all there is to it. Once the theory of + a free will is accepted as a fact, the deed depends on the fiat, the + voluntary determination, of the criminal, and all is said. +</p> +<p> + But if, on the other hand, the positive school of criminology denies, on + the ground of researches in scientific physiological psychology, that + the human will is free and does not admit that one is a criminal because + he wants to be, but declares that a man commits this or that crime only + when he lives in definitely determined conditions of personality and + environment which induce him necessarily to act in a certain way, then + alone does the problem of the origin of criminality begin to be + submitted to a preliminary analysis, and then alone does criminal law + step out of the narrow and arid limits of technical jurisprudence and + become a true social and human science in the highest and noblest + meaning of the word. It is vain to insist with such stubbornness as that + of the classic school of criminology on juristic formulas by which the + distinction between illegal appropriation and theft, between fraud and + other forms of crime against property, and so forth, is determined, when + this method does not give to society one single word which would throw + light upon the reasons that make a man a criminal and upon the + efficacious remedy by which society could protect itself against + criminality. +</p> +<p> + It is true that the classic school of criminology has likewise its + remedy against crime—namely, punishment. But this is the only remedy of + that school, and in all the legislation inspired by the theories of that + school in all the countries of the civilized world there is no other + remedy against crime but repression. +</p> +<p> + But Bentham has said: Every time that punishment is inflicted it proves + its inefficacy, for it did not prevent the committal of that crime. + Therefore, this remedy is worthless. And a deeper study of the cause of + crime demonstrates that if a man does not commit a certain crime, this + is due to entirely different reasons, than a fear of the penalty, very + strong and fundamental reasons which are not to be found in the threats + of legislators. These threats, if nevertheless carried out by police and + prison keepers, run counter to those conditions. A man who intends to + commit a crime, or who is carried away by a violent passion, by a + psychological hurricane which drowns his moral sense, is not checked by + threats of punishment, because the volcanic eruption of passion prevents + him from reflecting. Or he may decide to commit a crime after due + premeditation and preparation, and in that case the penalty is + powerless to check him, because he hopes to escape with impunity. All + criminals will tell you unanimously that the only thing which impelled + them when they were deliberating a crime was the expectation that they + would go scot free. If they had but the least suspicion that they might + be detected and punished they would not have committed the crime. The + only exception is the case in which a crime is the result of a mental + explosion caused by a violent outburst of passion. And if you wish to + have a very convincing illustration of the psychological inefficacy of + legal threats, you have but to think of that curious crime which has now + assumed a frequency never known to former centuries, namely the making + of counterfeit money. For since paper money—from want or for reasons of + expediency—has become a substitute of metal coin in the civilized + countries, the making of counterfeit paper money has become very + frequent in the nineteenth century. Now a counterfeiter, in committing + his crime, must compel his mind to imitate closely the inscription of + the bill, letter for letter, including that threatening passage, which + says: <i>"The law punishes counterfeiting</i> ..." etc. Can you see before + your mind's eye a counterfeiter, in the act of engraving on the stone or + the others may ignore the penalty that awaits them, but he cannot. This + illustration is convincing, for in cases of other crimes one may always + assume that the criminal acted without thinking of the future, even when + he was not in a transport of passion. But in the case of the + counterfeiter the very act of committing the crime reminds him of the + threat of the law, and yet he is imperturbable while perpetrating it. +</p> +<p> + Crime has its natural causes, which lie outside of that mathematical + point called the free will of the criminal. Aside from being a juridical + phenomenon, which it would be well to examine by itself, every crime is + above all a natural and social phenomenon, and should be studied + primarily as such. We need not go through so hard a course of study + merely for the purpose of walking over the razor edge of juristic + definitions and to find out, for instance, that from the time Romagnosi + made a distinction between incompleted and attempted crime rivers of ink + have been spilled in the attempt to find the distinguishing elements of + these two degrees of crime. And finally, when the German legislator + concluded to make no distinction between incompleted and attempted crime + and to recognize only the completed crime in his code of 1871, we + witnessed the spectacle of Carrara praising that legislator for leaving + that subtile distinction out of his code. A strange conclusion on the + part of a science, which cudgels its brains for a century to find the + marks of distinction between attempted and incompleted crime, and then + praises the legislator for ignoring it. And another classic jurist, + Buccellati, proposed to do away with the theory of attempted crime by + simply defining it as a crime by itself, or as—a violation of police + laws! A science which comes to such conclusions is a science which moves + in metaphysical abstractions, and we shall see that all these finespun + questions which abound in classical science lose all practical value + before the necessity of saving society from the plague of crime. +</p> +<p> + The method which we, on the other hand, have inaugurated is the + following: Before we study crime from the point of view of a juristic + phenomenon, we must study the causes to which the annual recurrence of + crimes in all countries is due. These are natural causes, which I have + classified under the three heads of anthropological, telluric and + social. Every crime, from the smallest to the most atrocious, is the + result of the interaction of these three causes, the anthropological + condition of the criminal, the telluric environment in which he is + living, and the social environment in which he is born, living and + operating. It is a vain beginning to separate the meshes of this net of + criminality. There are still those who would maintain the one-sided + standpoint that the origin of crime may be traced to only one of these + elements, for instance, to the social element alone. So far as I am + concerned, I have combatted this opinion from the very inauguration of + the positive school of criminology, and I combat it today. It is + certainly easy enough to think that the entire origin of all crime is + due to the unfavorable social conditions in which the criminal lives. + But an objective, methodical, observation demonstrates that social + conditions alone do not suffice to explain the origin of criminality, + although it is true that the prevalence of the influence of social + conditions is an incontestable fact in the case of the greater number + of crimes, especially of the lesser ones. But there are crimes which + cannot be explained by the influence of social conditions alone. If you + regard the general condition of misery as the sole source of + criminality, then you cannot get around the difficulty that out of one + thousand individuals living in misery from the day of their birth to + that of their death only one hundred or two hundred become criminals, + while the other nine hundred or eight hundred either sink into + biological weakness, or become harmless maniacs, or commit suicide + without perpetrating any crime. If poverty were the sole determining + cause, one thousand out of one thousand poor ought to become criminals. + If only two hundred become criminals, while one hundred commit suicide, + one hundred end as maniacs, and the other six hundred remain honest in + their social condition, then poverty alone is not sufficient to explain + criminality. We must add the anthropological and telluric factor. Only + by means of these three elements of natural influence can criminality be + explained. Of course, the influence of either the anthropological or + telluric or social element varies from case to case. If you have a case + of simple theft, you may have a far greater influence of the social + factor than of the anthropological factor. On the other hand, if you + have a case of murder, the anthropological element will have a far + greater influence than the social. And so on in every case of crime, and + every individual that you will have to judge on the bench of the + criminal. +</p> +<p> + The anthropological factor. It is precisely here that the genius of + Cesare Lombroso established a new science, because in his search after + the causes of crime he studied the anthropological condition of the + criminal. This condition concerns not only the organic and anatomical + constitution, but also the psychological, it represents the organic and + psychological personality of the criminal. Every one of us inherits at + birth, and personifies in life, a certain organic and psychological + combination. This constitutes the individual factor of human activity, + which either remains normal through life, or becomes criminal or insane. + The anthropological factor, then, must not be restricted, as some laymen + would restrict it, to the study of the form of the skull or the bones + of the criminal. Lombroso had to begin his studies with the anatomical + conditions of the criminal, because the skulls may be studied most + easily in the museums. But he continued by also studying the brain and + the other physiological conditions of the individual, the state of + sensibility, and the circulation of matter. And this entire series of + studies is but a necessary scientific introduction to the study of the + psychology of the criminal, which is precisely the one problem that is + of direct and immediate importance. It is this problem which the lawyer + and the public prosecutor should solve before discussing the juridical + aspect of any crime, for this reveals the causes which induced the + criminal to commit a crime. At present there is no methodical standard + for a psychological investigation, although such an investigation was + introduced into the scope of classic penal law. But for this reason the + results of the positive school penetrate into the lecture rooms of the + universities of jurisprudence, whenever a law is required for the + judicial arraignment of the criminal as a living and feeling human + being. And even though the positive school is not mentioned, all profess + to be studying the material furnished by it, for instance, its analyses + of the sentiments of the criminal, his moral sense, his behavior before, + during and after the criminal act, the presence of remorse which people, + judging the criminal after their own feelings, always suppose the + criminal to feel, while, in fact, it is seldom present. This is the + anthropological factor, which may assume a pathological form, in which + case articles 46 and 47 of the penal code remember that there is such a + thing as the personality of the criminal. However, aside from insanity, + there are thousands of other organic and psychological conditions of the + personality of criminals, which a judge might perhaps lump together + under the name of extenuating circumstances, but which science desires + to have thoroughly investigated. This is not done today, and for this + reason the idea of extenuating circumstances constitutes a denial of + justice. +</p> +<p> + This same anthropological factor also includes that which each one of us + has: the race character. Nowadays the influence of race on the destinies + of peoples and persons is much discussed in sociology, and there are + one-sided schools that pretend to solve the problems of history and + society by means of that racial influence alone, to which they attribute + an absolute importance. But while there are some who maintain that the + history of peoples is nothing but the exclusive product of racial + character, there are others who insist that the social conditions of + peoples and individuals are alone determining. The one is as much a + one-sided and incomplete theory as the other. The study of collective + society or of the single individual has resulted in the understanding + that the life of society and of the individual is always the product of + the inextricable net of the anthropological, telluric and social + elements. Hence the influence of the race cannot be ignored in the study + of nations and personalities, although it is not the exclusive factor + which would suffice to explain the criminality of a nation or an + individual. Study, for instance, manslaughter in Italy, and, although + you will find it difficult to isolate one of the factors of criminality + from the network of the other circumstances and conditions that produce + it, yet there are such eloquent instances of the influence of racial + character, that it would be like denying the existence of daylight if + one tried to ignore the influence of the ethnical factor on + criminality. +</p> +<p> + In Italy there are two currents of criminality, two tendencies which are + almost diametrically opposed to one another. The crimes due to hot blood + and muscle grow in intensity from northern to southern Italy, while the + crimes against property increase from south to north. In northern Italy, + where movable property is more developed, the crime of theft assumes a + greater intensity, while crimes due to conditions of the blood are + decreasing on account of the lesser poverty and the resulting lesser + degeneration of the people. In the south, on the other hand, crimes + against property are less frequent and crimes of blood more frequent. + Still there also are in southern Italy certain cases where criminality + of the blood is less frequent, and you cannot explain this in any other + way than by the influence of racial character. If you take a + geographical map of manslaughter in Italy, you will see that from the + minimum, from Lombardy, Piedmont, and Venice, the intensity increases + until it reaches its maximum in the insular and peninsular extreme of + the south. But even there you will find certain cases in which + manslaughter shows a lesser intensity. +</p> +<p> + For instance, the province of Benevent is surrounded by other provinces + which show a maximum of crimes due to conditions of blood, while it + registers a smaller number. Naples, again, shows a considerably smaller + number of such cases than the provinces surrounding it, but it has a + greater number of unpremeditated cases of manslaughter. Messina, Catania + and Syracuse have a remarkably smaller number of blood crimes than + Trapani, Girgenti and Palermo. It has been attempted to claim that this + difference in criminality is due to social condition's, because the + agricultural conditions in eastern Sicily are less degrading than those + of Girgenti and Trapani, where the sulphur mines compel the miners to + live miserably. But we should like to ask the following question in + opposition to this idea: Why and in what respect are the agricultural + conditions in some provinces better than in others? This condition is + merely itself a result, not a cause of the first degree. +</p> +<p> + Since the theory of historical materialism, which I prefer to call + economic determinism, has demonstrated that political, moral and + intellectual phenomena are reactions on the economic conditions of any + time and place, the attempt has been made to interpret this theory very + narrowly and to pretend that the economic condition of a nation is a + primary cause and not determined by any other. For my part, ever since I + have demonstrated the perfect accord between the Marxian and the + Darwinian theories, I have said: Very well, the economic conditions of a + nation explain its political, moral, intellectual conditions, but the + economic condition is in its turn the result of other factors. For + instance, how can the industrialism of England in the nineteenth century + be explained? Take away the coal mines (the telluric environment), and + you could not have the economic conditions of England as they are. For + the economic conditions are a result of favorable or unfavorable + telluric conditions which are acted upon by the intelligence and energy + of a certain race. Catania, Messina, Syracuse, are in a better economic + condition, because they have better geographical conditions and a + different race (of Grecian blood) than the other Sicilian provinces. So + it is in Apulia and Naples, which have likewise a considerable mixture + of Grecian blood. The northern tourists are still attracted by our art + and visit the ruins of Taormina or Pesto, which are the relics of the + Grecian race. And it is the Grecian blood which explains the lesser + frequency of bloody crimes in those provinces. This is therefore + evidently the influence of the race. And I maintain that the same fact + is due in the province of Benevent to the admixture of Langobardian + blood. For the Duchy of Benevent has had an influx of Langobardian + elements since the seventh century. And as we know that the German and + Anglo-Saxon race has the smallest tendency towards bloody crimes, the + beneficial influence of this racial character in Benevent explains + itself. On the other hand, there is much Saracen blood in the western + and southern provinces of Sicily, and this explains the greater number + of bloody crimes there. It is evident that the organic character of the + inhabitants of that island, where you may still see the brutal and + barbarian features of the Saracen by the side of those of the blond, + cool and quiet Norman, contains a transfusion of the blood of diverse + races. But it is also true that wherever a certain race has been + predominant, there its influence is left behind in the individual and + collective life. +</p> +<p> + Let this be enough so far as the anthropological factor of criminality + is concerned. There are, furthermore, the telluric factors, that is to + say, the physical environment in which we live and to which we pay no + attention. It requires much philosophy, said Rousseau, to note the + things with which we are in daily contact, because the habitual + influence of a thing makes it more difficult to be aware of it. This + applies also to the immediate influence of the physical conditions on + human morality, notwithstanding the spiritualist prejudices which still + weigh upon our daily lives. For instance, if it is claimed in the name + of supernaturalism and psychism that a man is unhappy because he is + vicious, it is equivalent to making a one-sided statement. For it is + just as true to say that a man becomes vicious because he is unhappy. + Want is the strongest poison for the human body and soul. It is the + fountain head of all inhuman and antisocial feeling. Where want spreads + out its wings, there the sentiments of love, of affection, of + brotherhood, are impossible. +</p> +<p> + Take a look at the figures of the peasant in the far-off arid Campagna, + the little government employee, the laborer, the little shop-keeper. + When work is assured, when living is certain, though poor, then want, + cruel want, is in the distance, and every good sentiment can germinate + and develop in the human heart. The family then lives in a favorable + environment, the parents agree, the children are affectionate. And when + the laborer, a bronzed statue of humanity, returns from, his smoky shop + and meets his white-haired mother, the embodiment of half a century of + immaculate virtue and heroic sacrifices, then he can, tired, but assured + of his daily bread, give room to feelings of affection, and he will + cordially invite his mother to share his frugal meal. But let the same + man, in the same environment, be haunted by the spectre of want and lack + of employment, and you will see the moral atmosphere in his family + changing as from day into night. There is no work, and the laborer comes + home without any wages. The wife, who does not know how to feed the + children, reproaches her husband with the suffering of his family. The + man, having been turned away from the doors of ten offices, feels his + dignity as an honest laborer assailed in the very bosom of his own + family, because he has vainly asked society for honest employment. And + the bonds of affection and union are loosened in that family. Its + members no longer agree. There are too many children, and when the poor + old mother approaches her son, she reads in his dark and agitated mien + the lack of tenderness and feels in her mother heart that her boy, + poisoned by the spectre of want, is perhaps casting evil looks at her + and harboring the unfilial thought: "Better an open grave in the + cemetery than one mouth more to feed at home!" +</p> +<p> + It is true, that want alone is not sufficient to prepare the soil in the + environment of that suffering family for the roots of real crime and to + develop it. Want will weaken the love and mutual respect among the + members of that family, but it will not be strong enough alone to arm + the hands of the man for a matricidal deed, unless he should get into a + pathological mental condition, which is very exceptional and rare. But + the conclusions of the positive school are confirmed in this case as in + any other. In order that crime may develop, it is necessary that + anthropological, social and telluric factors should act together. +</p> +<p> + We generally forget the conditions of the physical environment in which + we live, because supernatural prejudice tells us that the body is a + beast which we must forget in order to elevate ourselves into a + spiritual life. Manzoni could designate the Middle Ages by the term + "dirty." because they neglected the demands of elementary hygiene, and + thus of human morality. For where the requirements of our physical body + are neglected or offended, there no flower can bloom. The telluric + environment has a great influence on our physical activity, by way of + our nervous system. We feel differently disposed, according to whether a + south or a north wind blows. When Garibaldi was on the Pampas, he + observed that his companions were irascible and prone to violent + quarrels, when the Pampero blew, and that their behavior changed, when + this wind ceased. The great founders of criminal statistics, Quetelet + and Guerry, observed that the change of seasons carried with it a change + in criminality. Sexual crimes are less frequent in winter than in spring + and summer. And with reference to this point I have maintained, and + still maintain, that it is due to the combined effects of temperature + and social conditions, if crimes against property increase in winter. + For lack of employment, the want of food and shelter, intensify the + misery and lead to attacks on property. On the other hand, the cold by + itself reduces sexual crimes and personal assaults. And those who claim + that the longer intercourse between people in summer time has also a + social influence, are also partly in the right. +</p> +<p> + The most eloquent fact in this respect was mentioned by Murro, when he + pointed out that this change in the frequency of bloody crimes, greater + in the warm months than in winter, applied also to prisoners. Statistics + show that breach of discipline is most frequent in hot seasons. The + social factor does not enter there, because the social life is there the + same in winter and in summer. This is, therefore, a practical proof of + the influence of climate, and it is re-enforced by the fact that + delirium and epilepsy in insane asylums are also more frequent in hot + than in cold months. The influence of the telluric factors, then, cannot + be denied, and the influence of the social factor intensifies it, as I + have already shown by its most drastic and characteristic example, that + of want. One can, therefore, understand that a man, whose morality has + been shaken by the pressure of increasing want, may be led to commit a + crime against property or persons. +</p> +<p> + It is certainly quite evident, that economic misery has an undeniable + influence on criminality. And if you consider, that about 300,000 + criminals are sentenced in Italy every year, 180,000 of them for minor + crimes, and 120,000 for crimes which belong to the gravest class, you + can easily see that the greater part of them due mainly to social + conditions, for which it should not be so very difficult to find a + remedy. The work of the legislator may be slow, difficult, and + inadequate, so far as the telluric and anthropological factors are + concerned. But it could surely be rapid, efficacious and prompt, so far + as the social factors influencing criminality are concerned. +</p> +<p> + We have now demonstrated that crime has its natural source in the + combined interaction of three classes of causes, the anthropological + (organic and psychological) factor, the telluric factor, and the social + factor. And by this last factor we must not only mean want, but any + other condition of administrative instability in political, moral, and + intellectual life. Every social condition which makes the life of man in + society insincere and imperfect is a social factor contributing towards + criminality. The economic factor is in evidence in our civilization + wherever the law of free competition, which is but a form of disguised + cannibalism, establishes the rule: <i>Your death is my life</i>. The + competition of laborers for a limited number of places is equivalent to + saying that those who secure a living do so at the expense of those who + do not. And this is a disguised form of cannibalism. While it does not + devour the competitor as primitive mankind did, it paralyzes him by + calumnies, recommendations, protection, money, which, secure the place + for the best bargainer and leave the most honest, talented, and + self-respecting to the pangs of starvation. +</p> +<p> + Moreover, the economic factor exerts its crime-breeding influence also + under the form of a superabundance of wealth. Indeed, in our present + society, which is in the downward stage of transition from glorious + bourgeois civilization, which constituted a golden page of human + history in the 19th century, wealth itself is a source of crime. For the + rich, who do not enjoy the advantage of manual or intellectual work, + suffer from the corruption of leisure and vice. Gambling throws them + into an unhealthy fever; the struggle and race for money poison their + daily lives. And although the rich may keep out of reach of the penal + code, still they have condemned themselves to a life devoted to + hypocritical ceremonies, which are devoid of moral sentiment. And this + life leads them to a sportive form of criminality. To cheat at gambling + is the inevitable fate of these parasites. In order to kill time they + give themselves up to games of chance, and those who do not care for + that devote themselves to the sport of adultery, which in that class is + a pastime even among the best friends, on account of sheer mental + poverty. And all because man's mind unoccupied is the devil's own forge, + as the English poet says. +</p> +<p> + We have now surveyed briefly the natural genesis of crime, as a natural + social phenomenon, brought about by the interaction of anthropological, + telluric, and social influences, which in any determined moment act + upon a personality standing on the cross road of vice and virtue, crime + and honesty. This scientific deduction gives rise to a series of + investigations which satisfy the mind and supply it with a real + understanding of things, far better than the theory that a man is a + criminal because he wants to be. No, a man commits crime because he + finds himself in certain physical and social conditions, from which the + evil plant of crime takes life and strength. Thus we obtain the origin + of that sad human figure which is the product of the interaction of + those factors, an abnormal man, a man not adapted to the conditions of + the social environment in which he is born, so that emigration becomes + an ever more permanent phenomenon for the greater portion of men, for + whom the accident of birth will less and less determine the course of + their future life. And the abnormal man who is below the minimum of + adaptability to social life and bears the marks of organic degeneration, + develops either a passive or an aggressive form of abnormality and + becomes a criminal. +</p> +<p> + Among these abnormal human beings, two groups must be particularly + distinguished. Limiting our observations to those who are true + aggressively antisocial abnormals, that is to say, who are not adapted + to a certain social order and attack it by crimes, we must distinguish + those who for egoistic or ferocious reasons attack society by atavistic + forms of the struggle for existence by committing socalled common crimes + in the shape of fraud or violence, thereby opposing or abolishing + conditions in which their fellow beings may live. This is the atavistic + type of criminals which represents an involutionary, or retrogressive, + form of abnormality, due to an arrested development or an atavistic + reversion to a savage and primitive type. These constitute the majority + in the world of criminals and must be distinguished from the minority, + who are evolutionary, or progressive, abnormals, that may also commit + crime in a violent form, but must not be confounded with the others, + because they do not act from egoistic motives, but rebel from altruistic + motives against the injustice of the present order. These altruistic + criminals feel the sufferings and horrors due to the injustice + surrounding them and may go so far as to commit murder, which must + always be condemned, but which must not be confounded with atavistic or + egoistic murder. Recourse to personal violence is always objectionable + from the point of view of higher manhood, which desires that human life + should always be held in respect. But the reasons for such a crime are + different, being egoistic in the one, and altruistic in the other case. + The evolutionary abnormal is often an instrument of human progress, not + in the form of criminality, but in that of intellectual and moral + rebellion against conditions which are sanctioned by laws that + frequently punish such an evolutionary rebellion harder than atavistic + crime, as they do in Russia, where capital punishment has been abolished + for common crimes, but retained for political violations of the law! We + are living in an epoch of transition from the old to the new, and + contemporaneous humanity has an uneasy moral conscience in this critical + time. The ruling classes are losing their clearness of vision, so that + they promise monuments to those political murderers who promoted their + own historical victories, but would condemn like any common criminal him + who now devotes his soul to a revolutionary ideal, would throw into + prison the pioneer of new human ideals, just as Russia is + excommunicating the rebel Tolstoi. I mention Leo Tolstoi advisedly for + the purpose of giving a precise illustration of my heterodox thought in + reference to this question. We are opposed to any form of personal + violence (with the sole exception of self-defense), we cannot approve of + any form of personal assault, no matter what may be its motive. + Therefore we cannot have words of praise or excuse for political murder, + though it may be inspired by altruistic motives. We can demand that the + legislator should distinguish between the psychological sources of these + two forms of murder, the egoistic and the altruistic form. But we + condemn them both, because they are inhuman forms of violence. Ideas do + not make victorious headway by force of arms. Ideas must be combatted by + ideas, and it is only by the propaganda of the idea that we can prepare + humanity for its future. Violence is always a means of preventing the + sincere and fruitful diffusion of an idea. We do not say this merely for + the abnormals of the lower classes. We refer with scientific serenity + also to the upper classes, who would suppress by violence every + manifestation of revolt against the social iniquities, every affirmation + of faith in a better future. +</p> +<p> + This is the conception of our science, which thus succeeds in + distinguishing traits of character even among the unlucky and forlorn + people of the criminal world, while the classic school of criminology + regards a criminal as a sort of abstract and normal man, with the + exception of cases of minors, deaf mutes, inebriates, and maniacs. +</p> +<p> + In fact, the classic school of criminology regards all thieves as THE + thief, all murderers as THE murderer, and the human shape disappears in + the mind of the legislator, while it re-appears before the judge. Before + the essayist and legislator, the criminal is a sort of moving dummy, on + whose hack the judge may paste an article of the penal code. If you + leave out of consideration the established cases of exceptional and rare + human psychology mentioned in the penal code, all other cases serve the + judge merely as an excuse to select from the criminal code the number of + that article which will fit the criminal dummy, and if he should paste + 404 instead of 407 on its back, the court of appeals would resist, any + change of numbers. And if this dummy came to life and said: "The + question of my number may be very important for you, but if you would + study all the conditions that compelled me to take other people's + things, you would realize that this importance is very diagrammatic," + the judge would answer: "That's all right for the justice of the future, + but it isn't now. You are number 404 of the criminal code, and after + leaving this court room with this number pasted legally on your back, + you will receive another number, for you will enter prison as number 404 + and will exchange it for entry number 1525, or some other, because your + personality as a man disappears entirely before the enactment of social + justice!" And then it is pretended that this man, whose personality is + thus absurdly ignored, should leave prison cured of all degeneration, + and if he falls back into the path of thorns of his misery and commits + another crime, the judge simply pastes another article over the other, + by adding number 80 or 81, which refer to cases of relapse, to number +</p> +<center> + 404! +</center> +<p> + In this way the classic school of criminology came to its unit of + punishment, which it heralded as its great progress. In the Middle + Ages, the diversity of punishment was greater. But in the 19th century + the classic school of criminology combatted dishonoring punishment, + corporeal punishment, confiscation, professional punishment, capital + punishment, with its ideal of one sole penalty, the only panacea for + crime and criminals, <i>prison</i>. +</p> +<p> + We have, indeed, prohibitory measures and fines even today. But in + substance the whole punitive armory is reduced to imprisonment, since + fines are likewise convertible into so many days or months of + imprisonment. Solitary confinement is the ideal of the classic school of + criminology. But experience proves that this penalty has as much effect + on the disease of criminality, as the remedy of a physician would have, + who would sit in the door of a hospital and tell every patient seeking + relief: "Whatever may be your disease, I have only one medicine and that + is a decoction of rhubarb. You have heart trouble? Well, then, the + problem for me is simply—how big a dose of rhubarb decoction shall I + give you?" +</p> +<p> + And measuring doses of penalty is the foundation of the criminal code. + That is so true that this code is in its last analysis but a table of + criminal logarithms for figuring out penalties. Woe to the judge who + makes a mistake in sentencing a 19 year old offender who was drunk when + he sinned, but had premeditated his deed. Woe to the judge, if he misses + his calculation in adding or subtracting the third, or sixth, or one + half, corresponding to the prescribed extenuating or aggravating + circumstances! If he makes a miscalculation, the court of appeals is + invoked by the defendant, and the inexorable court of appeals tells the + judge: "Figure this over again. You have been unjust." The only question + for the judge is this: Add your sums and subtract your deductions, and + the prisoner is sentenced to one year, seven months, and thirteen days. + Not one day more or less! But the human spectator asks: "If the criminal + should happen to be reformed before the expiration of his term, should + he be retained in prison?" The judge replies: "I don't care, he stays in + one year, seven months, and thirteen days!" +</p> +<p> + Then the human spectator says: "But suppose the criminal should not yet + be fit for human society at the expiration of his term?" The judge + replies: "At the expiration of his term he leaves prison, for when he + has absolved his last day, he has paid his debt!" +</p> +<p> + This is the same case as that of the imaginary physician who says: "You + have heart trouble? Then take a quart of rhubarb decoction and stay + twelve days in the hospital." Another patient says: "I have broken my + leg." And the doctor: "All right, take a pint of rhubarb decoction and + 17 days in the hospital." A third has inflammation of the lungs, and the + doctor prescribes three quarts of rhubarb decoction and three months in + the hospital. "But if my inflammation is cured before that time?" "No + matter," says the doctor, "you stay in three months." "But if I am not + cured of my lung trouble after three months?" "No matter," says the + doctor, "you leave after three months." +</p> +<p> + To such results have wise men been led by a system of penal justice, + which is a denial of all elementary common sense. They have forgotten + the personality of the criminal and occupied themselves exclusively with + crime as an abstract juristic phenomenon. In the same manner, the old + style medicine occupied itself with disease as such, as an abstract + pathological phenomenon, without taking into account the personality of + the patient. The ancient physicians did not consider whether a patient + was well or ill nourished, young or old, strong or weak, nervous or + fullblooded. They cured fever as fever, pleurisy as pleurisy. Modern + medicine, on the other hand, declares that disease must be studied in + the living person of the patient. And the same disease may require + different treatment, if the condition of the patient is different. +</p> +<p> + Criminal justice has taken the same historical course of development as + medicine. The classic school of criminology is still in the same stage, + in which medicine was before the middle of the 19th century. It deals + with theft, murder, fraud, as such. But that which claims so much of the + attention of society has been forgotten by the classic school. For that + school has forgotten to study the murderer, the thief, the forger, and + without that study their crimes cannot be understood. +</p> +<p> + Crime is one of the conditions required for the study of the criminal. + But, the same crime may require the application of different remedies + to the personalities of different criminals, according to the different + anthropological and social conditions of the various criminals. There is + a fundamental distinction between the anthropological and social types + of criminals, whom I have divided into five categories, which are today + unanimously accepted by criminalist anthropologists, since the Geneva + congress offered an opportunity to explain the misapprehension which led + some foreign scientists to believe that the Italian school regarded one + of these types (the born criminal) merely as an organic anomaly. +</p> +<p> + Just a word concerning each one of these five types. +</p> +<p> + The <i>born criminal</i> is a victim of that which I will call (seeing that + science has not yet solved this problem) criminal neurosis, which is + very analogous to epileptic neurosis, but which is not in itself + sufficient to make one a criminal. Our adversaries had the idea that the + mere possession of a crooked nose or a slanting skull stamped a man as + predisposed by birth to murder or theft. But a man may he a born + criminal, that is to say, he may have some congenital degeneration which + predisposes him toward crime, and yet he may die at the age of 80 + without having committed any crime, because he was fortunate enough to + live in an environment which did not offer him any temptation to commit + crime. Again, are not many predisposed toward insanity without ever + becoming insane? If the same individual were to live under unfavorable + conditions, without any education, if he were to find himself in + unhealthy telluric surroundings, in a mine, a rice field, or a miasmatic + swamp, he would become insane. But if instead of living in conditions + that condemn him to lunacy he were to be under no necessity to struggle + for his daily bread, if he could live in affluence, he might exhibit + some eccentricity of character, but would not cross the threshold of an + insane asylum. The same happens in the case of criminality. One may have + a congenital predisposition toward crime, but if he lives in favorable + surroundings, he will live to the end of his natural life without + violating any criminal or moral law. At any rate we must drop the + prejudice that only those are criminals on whose backs the judge has + pasted a number. For there are many scoundrels at large who commit crime + with impunity, or who brush the edge of the criminal law in the most + repulsive immorality without violating it. +</p> +<p> + This misunderstanding was explained at the congress of Geneva by the + statement that the interaction of the social and telluric environment is + required also in the case of the born criminal. And now we may take it + for granted that my classification of five types is everywhere accepted. + These are the following: The <i>born criminal</i> who has a congenital + predisposition for crime; the <i>insane criminal</i> suffering from some + clinical form of mental alienation, and whom even our existing penal + code had to recognize; the <i>habitual criminal</i>, that is to say one who + has acquired the habit of crime mainly through the ineffective measures + employed by society for the prevention and repression of crime. A common + figure in our large industrial centers is that of the abandoned child + which has to go begging from its earliest youth in order to collect an + income for the enterprising boss or for its poor family, without an + opportunity to educate its moral sense in the filth of the streets. It + is punished for the first time by the law and sent to prison or to a + reformatory, where it is inevitably corrupted. Then, when such an + individual comes out of prison, he is stigmatized as a thief or forger, + watched by the police, and if he secures work in some shop, the owner is + indirectly induced to discharge him, so that he must inevitably fall + back upon crime. +</p> +<p> + Thus one acquires crime as a habit, a product of social rottenness, due + to the ineffective measures for the prevention and repression of crime. + There is furthermore the <i>occasional criminal</i>, who commits very + insignificant criminal acts, more because he is led astray by his + conditions of life than because the aggressive energy of a degenerate + personality impels him. If he is not made worse by a prison life, he may + find an opportunity to return to a normal life in society. Finally there + is the <i>passionate criminal,</i> who, like the insane criminal, has + received attention from the positive school of criminology; which, + however, did not come to any definite conclusions regarding him, such as + may be gathered by means of the experimental method through study in + prisons, insane asylums, or in freedom. The relations between passion + and crime have so far been studied on a field in which no solution was + possible. For the classic school considers such a crime according to + the greater or smaller intensity and violence of passion and comes to + the conclusion that the degree of responsibility decreases to the extent + that the intensity of a passion increases, and vice versa. The problem + cannot be solved in this way. There are passions which may rise to the + highest degree of intensity without reducing the responsibility. For + instance, is one who murders from motives of revenge a passionate + criminal who must be excused? +</p> +<p> + The classic school of criminology says "No," and for my part I agree + with them. Francesco Carrara says: "There are blind passions, and others + which are reasonable. Blind passions deprive one of free will, + reasonable ones do not. Blind and excusable passions are fear, honor, + love, reasonable and inexcusable ones are hatred and revenge." But how + so? I have studied murderers who killed for revenge and who told me that + the desire for revenge took hold of them like a fever, so that they + "forgot even to eat." Hate and revenge can take possession of a man to + such an extent that he becomes blind with passion. The truth is that + passion must be considered not so far as its violence or quantity are + concerned, but rather as to its quality. We must distinguish between + social and anti-social passion, the one favoring the conditions of life + for the species and collectivity, the other antagonistic to the + development of the collectivity. In the first case, we have love, + injured honor, etc, which are passions normally useful to society, and + aberrations of which may be excused more or less according to individual + cases. On the other hand, we have inexcusable passions, because their + psychological tendency is to antagonize the development of society. They + are antisocial, and cannot be excused, and hate and revenge are among + them. +</p> +<p> + The positive school therefore admits that a passion is excusable, when + the moral sense of a man is normal, when his past record is clear, and + when his crime is due to a social passion, which makes it excusable. +</p> +<p> + We shall see tomorrow what remedies the positive school of criminology + proposes for each one of these categories of criminals, in distinction + from the measuring of doses of imprisonment advocated by the classic + school. +</p> +<p> + We have thus exhausted in a short and general review the subject of the + natural origin of criminality.—To sum up, crime is a social + phenomenon, due to the interaction of anthropological, telluric, and + social factors. This law brings about what I have called criminal + saturation, which means that every society has the criminality which it + deserves, and which produces by means of its geographical and social + conditions such quantities and qualities of crime as correspond to the + development of each collective human group. +</p> +<p> + Thus the old saying of Imetelet is confirmed: "There is an annual + balance of crime, which must be paid and settled with greater regularity + than the accounts of the national revenue." However, we positivists give + to this statement a less fatalistic interpretation, since we have + demonstrated that crime is not our immutable destiny, even though it is + a vain beginning to attempt to attenuate or eliminate crime by mere + schemes. The truth is that the balance of crime is determined by the + physical and social environment. But by changing the condition of the + social environment, which is most easily modified, the legislator may + alter the influence of the telluric environment and the organic and + psychic conditions of the population, control the greater portion of + crimes, and reduce them considerably. It is our firm conviction that a + truly civilized legislator can attenuate the plague of criminality, not + so much by means of the criminal code, as by means of remedies which are + latent in the remainder of the social life and of legislation. And the + experience of the most advanced countries confirms this by the + beneficent and preventive influence of criminal legislation resting on + efficacious social reforms. +</p> +<p> + We arrive, then, at this scientific conclusion: In the society of the + future, the necessity for penal justice will be reduced to the extent + that social justice grows intensively and extensively. +</p> +<a name="2H_4_3"><!-- H2 anchor --></a> +<p> </p> +<h2> + III. +</h2> +<p> + In the preceding two lectures, I have given you a short review of the + new current in scientific thought, which studies the painful and + dangerous phenomena of criminality. We must now draw the logical + conclusions, in theory and practice, from the teachings of experimented + science, for the removal of the gangrenous plague of crime. Under the + influence of the positive methods of research, the old formula "Science + for science's sake" has given place to the new formula "Science for + life's sake." For it would be useless for the human mind to retreat into + the vault of philosophical concentration, if this intellectual mastery + did not produce as a counter-effect a beneficent wave of real + improvement in the destinies of the human race. +</p> +<p> + What, then, has the civilized world to offer in the way of remedies + against criminality? The classic school of criminology, being unable to + locate in the course of its scientific and historical mission the + natural causes of crime, as I have shown in the preceding lectures, was + not in a position to deal in a comprehensive and far-seeing manner with + this problem of the remedy against criminality. Some of the classic + criminologists, such as Bentham, Romagnosi, or Ellero, with a more + positive bent of mind than others, may have given a little of their + scientific activity to the analysis of this problem, namely the + prevention of crime. But Ellero himself had to admit that "the classic + school of criminology has written volumes concerning the death penalty + and torture, but has produced but a few pages on the prevention of + criminality." The historical mission of that school consisted in a + reduction of punishment. For being born on the eve of the French + revolution in the name of individualism and natural rights, it was a + protest against the barbarian penalties of the Middle Ages. And thus the + practical and glorious result of the classic school was a propaganda for + the abolition of the most brutal penalties of the Middle Ages, such as + the death penalty, torture, mutilation. We in our turn now follow up the + practical and scientific mission of the classic school of criminology + with a still more noble and fruitful mission by adding to the problem of + the <i>diminution of penalties</i> the problem of the <i>diminution of crimes</i>. + It is worth more to humanity to reduce the number of crimes than to + reduce the dread sufferings of criminal punishments, although even this + is a noble work, after the evil plant of crime has been permitted to + grow in the realm of life. Take, for instance, the philanthropic + awakening due to the Congress of Geneva in the matter of the Red Cross + Society, for the care, treatment and cure of the wounded in war. However + noble and praiseworthy this mission may be, it would be far nobler and + better to prevent war than to heal the mutilated and wounded. If the + same zeal and persistence, which have been expended in the work of the + Red Cross Society, had been devoted to the realization of international + brotherhood, the weary road of human progress would show far better + results. +</p> +<p> + It is a noble mission to oppose the ferocious penalties of the Middle + Ages. But it is still nobler to forestall crime. The classic school of + criminology directed its attention merely to penalties, to repressive + measures after crime had been committed, with all its terrible moral + and material consequences. For in the classic school, the remedies + against criminality have not the social aim of improving human life, but + merely the illusory mission of retributive justice, meeting a moral + delinquency by a corresponding punishment in the shape of legal + sentences. This is the spirit which is still pervading criminal + legislation, although there is a sort of eclectic compromise between the + old and the new. The classic school of criminology has substituted for + the old absolutist conceptions of justice the eclectic theory that + absolute justice has the right to punish, but a right modified by the + interests of civilized life in present society. This is the point + discussed in Italy in the celebrated controversy between Pasquale + Stanislao Mancini and Terencio Mamiani, in 1847. This is in substance + the theory followed by the classic criminologists who revised the penal + code, which public opinion considers incapable of protecting society + against the dangers of crime. And we have but to look about us in the + realities of contemporaneous life in order to see that the criminal code + is far from being a remedy against crime, that it remedies nothing, + because either premeditation or passion in the person of the criminal + deprive the criminal law of all prohibitory power. The deceptive faith + in the efficacy of criminal law still lives in the public mind, because + every normal man feels that the thought of imprisonment would stand in + his way, if he contemplated tomorrow committing a theft, a rape, or a + murder. He feels the bridle of the social sense. And the criminal code + lends more strength to it and holds him back from criminal actions. But + even if the criminal code did not exist, he would not commit a crime, so + long as his physical and social environment would not urge him in that + direction. The criminal code serves only to isolate temporarily from + social intercourse those who are not considered worthy of it. And this + punishment prevents the criminal for a while from repeating his criminal + deed. But it is evident that the punishment is not imposed until after + the deed has been done. It is a remedy directed against effects, but it + does not touch the causes, the roots, of the evil. +</p> +<p> + We may say that in social life penalties have the same relation to crime + that medicine has to disease. After a disease has developed in an + organism, we have recourse to a physician. But he cannot do anything + else but to reach the effects in some single individual. On the other + hand, if the individual and the collectivity had obeyed the rules of + preventive hygiene, the disease would have been avoided 90 times in 100, + and would have appeared only in extreme and exceptional cases, where a + wound or an organic condition break through the laws of health. Lack of + providence on the part of man, which is due to insufficient expression + of the forces of the intellect and pervades so large a part of human + life, is certainly to blame for the fact that mankind chooses to use + belated remedies rather than to observe the laws of health, which demand + a greater methodical control of one's actions and more foresight, + because the remedy must be applied before the disease becomes apparent. + I say occasionally that human society acts in the matter of criminality + with the same lack of forethought that most people do in the matter of + tooth-ache. How many individuals do not suffer from tooth-ache, + especially in the great cities? And yet any one convinced of the + miraculous power of hygiene could easily clean his teeth every day and + prevent the microbes of tooth rot from thriving, thereby saving his + teeth from harm and pain. But it is tedious to do this every day. It + implies a control of one's self. It cannot be done without the + scientific conviction that induces men to acquire this habit. Most + people say: "Oh well, if that tooth rots, I'll bear the pain." But when + the night comes in which they cannot sleep for toothache, they will + swear at themselves for not having taken precautions and will run to the + dentist, who in most cases cannot help them any more. +</p> +<p> + The legislator should apply the rules of social hygiene in order to + reach the roots of criminality. But this would require that he should + bring his mind and will to bear daily on a legislative reform of + individual and social life, in the field of economics and morals as well + as in that of administration, politics, and intelligence. Instead of + that, the legislators permit the microbes of criminality to develop + their pathogenic powers in society. When crimes become manifest, the + legislator knows no other remedy but imprisonment in order to punish an + evil which he should have prevented. Unfortunately this scientific + conviction is not yet rooted and potent in the minds of the legislators + of most of the civilized countries, because they represent on an + average the backward scientific convictions of one or two previous + generations. The legislator who sits in parliament today was the + university student of 30 years ago. With a few very rare exceptions he + is supplied only with knowledge of outgrown scientific research. It is a + historical law that the work of the legislator is always behind the + science of his time. But nevertheless the scientist has the urgent duty + to spread the conviction that hygiene is worth as much on the field of + civilization as it is in medicine for the public health. +</p> +<p> + This is the fundamental conviction at which the positive school arrives: + That which has happened in medicine will happen in criminology. The + great value of practical hygiene, especially of social hygiene, which is + greater than that of individual hygiene, has been recognized after the + marvelous scientific discoveries concerning the origin and primitive + causes of the most dangerous diseases. So long as Pasteur and his + disciples had not given to the world their discovery of the pathogenic + microbes of all infectious diseases, such as typhoid fever, cholera, + diphtheria, tuberculosis, etc, more or less absurd remedies were + demanded of the science of medicine. I remember, for instance, that I + was compelled in my youth, during an epidemic of cholera, to stay in a + closed room, in which fumigation was carried on with substances + irritating the bronchial tubes and lungs without killing the cholera + microbes, as was proved later on. It was not until the real causes of + those infectious diseases were discovered, that efficient remedies could + be employed against them. An aqueduct given to a center of population + like Naples is a better protection against cholera than drugs, even + after the disease has taken root in the midst of the people of Naples. + This is the modern lesson which we wish to teach in the field of + criminology, a field which will always retain its repressive functions + as an exceptional and ultimate refuge, because we do not believe that we + shall succeed in eliminating all forms of criminality. Hence, if a crime + manifests itself, repression may be employed as one of the remedies of + criminology, but it should be the very last, not the exclusively + dominating one, as it is today. +</p> +<p> + It is this blind worship of punishment which is to blame for the + spectacle which we witness in every modern country, the spectacle that + the legislators neglect the rules of social hygiene and wake up with a + start when some form of crime becomes acute, and that they know of no + better remedy than an intensification of punishment meeted out by the + penal code. If one year of imprisonment is not enough, we'll make it ten + years, and if an aggravation of the ordinary penalty is not enough, + we'll pass a law of exception. It is always the blind trust in + punishment which remains the only remedy of the public conscience and + which always works to the detriment of morality and material welfare, + because it does not save the society of honest people and strikes + without curing those who have fallen a prey to guilt and crime. +</p> +<p> + The positive school of criminology, then, aside from the greater value + attributed to daily and systematic measures of social hygiene for the + prevention of criminality, comes to radically different conclusions also + in the matter of repressive justice. The classic school has for a + cardinal remedy against crime a preference for one kind of punishment, + namely imprisonment, and gives fixed and prescribed doses of this + remedy. It is the logical conclusion of retributive justice that it + travels by way of an illusory purification from moral guilt to the legal + responsibility of the criminal and thence on to a corresponding dose of + punishment, which has been previously prescribed and fixed. +</p> +<p> + We, on the other hand, hold that even the surviving form of repression, + which will be inevitable in spite of the application of the rules of + social prevention, should be widely different, on account of the + different conception which we have of crime and of penal justice. +</p> +<p> + In the majority of cases composed of minor crimes committed by people + belonging to the most numerous and least dangerous class of occasional + or passionate criminals, the only form of civil repression will be <i>the + compensation of the victim for his loss</i>. According to us, this should + he the only form of penalty imposed in the majority of minor crimes + committed by people who are not dangerous. In the present practice of + justice the compensation of the victim for his loss has become a + laughing stock, because this victim is systematically forgotten. The + whole attention of the classic school has been concentrated on the + juridical entity of the crime. The victim of the crime has been + forgotten, although this victim deserves philanthropic sympathy more + than the criminal who has done the harm. It is true, every, judge adds + to the sentence the formula that the criminal is responsible for the + injury and the costs to another authority. But the process of law puts + off this compensation to an indefinite time, and if the victim succeeds + a few years after the passing of the sentence in getting any action on + the matter, the criminal has in the meantime had a thousand legal + subterfuges to get away with his spoils. And thus the law itself becomes + the breeding ground of personal revenge, for Filangieri says aptly that + an innocent man grasps the dagger of the murderer, when the sword of + justice does not defend him. +</p> +<p> + Let us say at this point that the rigid application of compensation for + damages should never be displaced by imprisonment, because this would be + equivalent to sanctioning a real class distinction, for the rich can + laugh at damages, while the proletarian would have to make good a + sentence of 1000 lire by 100 days in prison, and in the meantime the + innocent family that tearfully waits for him outside, would be plunged + into desperate straits. Compensation for damages should never take + place in any other way than by means of the labor of the prisoner to an + extent satisfactory to the family of the injured. It has been attempted + to place this in an eclectic way on our law books, but this proposition + remains a dead letter and is not applied in Italy, because a stroke of + legislator's pen is not enough to change the fate of an entire nation. +</p> +<p> + These practical and efficient measures would be taken in the case of + lesser criminals. For the graver crimes committed by atavistic or + congenital criminals, of by persons inclining toward crime from acquired + habit or mental alienation, the positive school of criminology reserves + segregation for an indefinite time, for it is absurd to fix the time + beforehand in the case of a dangerous degenerate who has committed a + grave crime. +</p> +<p> + The question of indeterminate sentences has been recently discussed also + by Pessina, who combats it, of course, because the essence of the + classic school of criminology is retribution for a fault by means of + corresponding punishment. We might reply that no human judge can use any + other but the grossest scale by which to determine whether you are + responsible to the extent of the whole, one half, or one third. And + since there is no absolute or objective criterion by which the ratio of + crime to punishment can be determined, penal justice becomes a game of + chance. But we content ourselves by pointing out that segregation for an + indefinite time has so much truth in it, that even the most orthodox of + the classic school admit it, for instance in the case of criminals under + age. Now, if an indeterminate sentence is a violation of the principles + of the classic school, I cannot understand why it can be admitted in the + case of minors, but not in the case of adults. This is evidently an + expedient imposed by the exigencies of practical life, and only the + positive school of criminology can meet them by a logical + systematization. For the rest, indefinite segregation, such as we + propose for the most dangerous atavistic criminals, is a measure which + is already in use for ordinary lunatics as well us for criminal + lunatics. But it may be said that this is an administrative measure, not + a court sentence. Well, if any one is so fond of formulas as to make + this objection, he may get all the fun out of them that he likes. But it + is a fact that an insane person who has committed a crime is sent to a + building with iron bars on its gates such as a prison has. You may call + it an administrative building or a penal institute, the name is + unessential, for the substance alone counts. We maintain that congenital + or pathological criminals cannot be locked up for a definite term in any + institution, but should remain there until they are adapted for the + normal life of society. +</p> +<p> + This radical reform of principles carries with it a radical + transformation of details. Given an indeterminate segregation, there + should be organs of guardianship for persons so secluded, for instance + permanent committees for the periodical revision of sentences. In the + future, the criminal judge will always secure ample evidence to prove + whether a defendant is really guilty, for this is the fundamental point. + If it is certain that he has committed the crime, he should either be + excluded from social intercourse or sentenced to mate good the damage, + provided the criminal is not dangerous and the crime not grave. It is + absurd to sentence a man to five or six days imprisonment for some + insignificant misdemeanor. You lower him in the eyes of the public, + subject him to surveillance by the police, and send him to prison from + whence he will go out more corrupted than he was on entering it. It is + absurd to impose segregation in prison for small errors. Compensation + for injuries is enough. For the segregation of the graver criminals, the + management must be as scientific as it is now in insane asylums. It is + absurd to place an old pensioned soldier or a hardened bureaucrat at the + head of a penal institution. It is enough to visit one of those + compulsory human beehives and to see how a military discipline carries a + brutal hypocrisy into it. The management of such institutions must be + scientific, and the care of their inmates must be scientific, since a + grave crime is always a manifestation of the pathological condition of + the individual. In America there are already institutions, such as the + Elmira Reformatory, where the application of the methods of the positive + school of criminology has been solemnly promised. The director of the + institution is a psychologist, a physician. When a criminal under age is + brought in, he is studied from the point of view of physiology and + psychology. The treatment serves to regenerate the plants who, being + young, may still be straightened up. Scientific therapeutics can do + little for relapsed criminals. The present repression of crime robs the + prisoner of his personality and reduces him to a number, either in mass + imprisonment which corrupts him completely, or in solitary confinement, + which will turn him into a stupid or raving beast. +</p> +<p> + These methods are also gradually introduced in the insane asylums. I + must tell you a little story to illustrate this. When I was a professor + in Pisa, eight years ago, I took my students to the penitentiaries and + the asylum for the criminal insane in Montelupo, as I always used to do. + Dr. Algieri, the director of this asylum, showed us among others a very + interesting case. This was a man of about 45, whose history was shortly + the following: He was a bricklayer living in one of the cities of + Toscana. He had been a normal and honest man, a very good father, until + one unlucky day came, in which a brick falling from a factory broke a + part of his skull. He fell down unconscious, was picked up, carried to + the hospital, and cured of his external injury, but lost both his + physical and moral health. He became an epileptic. +</p> +<p> + And the lesion to which the loss of the normal function of his nervous + system was due transformed him from the docile and even-tempered man + that he had been into a quarrelsome and irritable individual, so that + he was less regular in his work, less moral and honest in his family + life, and was finally sentenced for a grave assault in a saloon brawl. + He was condemned as a common criminal to I don't know how many years of + imprisonment. But in prison, the exceptional conditions of seclusion + brought on a deterioration of his physical and moral health, his + epileptic fits became more frequent, his character grew worse. The + director of the prison sent him to the asylum for the insane criminals + at Montelupo, which shelters criminals suspected of insanity and insane + criminals. +</p> +<p> + Dr. Algieri studied the interesting case and came to the diagnosis that + there was splinter of bone in the man's brain which had not been noticed + in the treatment at the hospital, and that this was the cause of the + epilepsy and demoralization of the prisoner. He trepanned a portion of + the skull around the old wound and actually found a bone splinter lodged + in the man's brain. He removed the splinter, and put a platinum plate + over the trepanned place to protect the brain. The man improved, the + epileptic fits ceased, his moral condition became as normal as before, + and this bricklayer (how about the free will?) was dismissed from the + asylum, for he had given proofs of normal behavior for about five or six + months, thanks to the wisdom of the doctor who had relieved him of the + lesion which had made him epileptic and immoral. If this asylum for + insane criminals had not been in existence, he would have ended in a + padded cell, the same as another man whom I and my students saw a few + years ago in the Ancona penitentiary. The director, an old soldier, said + to me: "Professor, I shall show you a type of human beast. He is a man + who passes four fifths of the year in a padded cell." After calling six + attendants, "because we must be careful," we went to the cell, and I + said to that director: "Please, leave this man to me. I have little + faith in the existence of human beasts. Keep the attendants at a + distance." "No," replied the director, "my responsibility does not + permit me to do that." +</p> +<p> + But I insisted. The cell was opened, and the man came out of it really + like a wild beast with bulging eyes and distorted face. But I met him + with a smile and said to him kindly: "How are you?" This change of + treatment immediately changed the attitude of the man. He first had a + nervous fit and then broke into tears and told me his story with the + eloquence of suffering. He said that he had some days in which he was + not master of himself, but he recognized that he was good whenever the + attacks of temper were over. Without saying so, he thus invoked the + wisdom of human psychology for better treatment. There is indeed a + physician in those prisons, but he treats generally only the ordinary + diseases and is not familiar with special psychological knowledge. There + may be exceptions, and in that case it is a lucky coincidence. But the + prison doctor has also his practice outside and hurries through his + prison work. "They simulate sickness in order to get out of prison," he + says. And this will be so all the more that the physicians of our time + have not sufficient training in psychology to enable them to do justice + to the psychology of the criminal. +</p> +<p> + You must, therefore, give a scientific management to these institutions, + and you will then render humane even the treatment of those grave and + dangerous criminals, whose condition cannot be met by a simple + compensation of the injury they have done to others. +</p> +<p> + This is the function of repression as we look upon it, an inevitable + result of the positive data regarding the natural origin of crime. +</p> +<p> + We believe, in other words, that repression will play but an unimportant + role in the future. We believe that every branch of legislation will + come to prefer the remedies of social hygiene to those symptomatic + remedies and apply them from day to day. And thus we come to the theory + of the prevention of crime. Some say: "it is better to repress than to + prevent." Others say: "It is better to prevent than to repress." In + order to solve this conflict we must remember that there are two widely + different kinds of repression. There is the immediate, direct empirical + repression, which does not investigate the cause of criminality, but + waits until the crime is about to be committed. That is police + prevention. There is on the other hand a social prevention which has an + indirect and more remote function, which does not wait until crime is + about to be committed, but locates the causes of crime in poverty, + abandoned children, trampdom, etc, and seeks to prevent these + conditions by remote and indirect means. In Italy, prevention is + anonymous with arrest. That is to say, by repression is understood only + police repression. Under these circumstances, it is well to take it for + granted that some of the expected crimes will be carried out, for crimes + are not committed at fixed periods after first informing the police. The + damage done by criminality, and especially by political and social + criminality, against which police repression is particularly directed, + will be smaller than that done by the abuse inseparably connected with + police power. In the case of atavistic criminality, prevention does not + mean handcuffing of the man who is about to commit a crime, but devising + such economic and educational measures in the family and administration + as will eliminate the causes of crime or attenuate them, precisely + because punishment is less effective than prevention. +</p> +<p> + In other words, in order to prevent crime, we must have recourse to + measures which I have called "substitutes for punishment," and which + prevent, the development of crime, because they go to the source in + order to do away with effects. +</p> +<p> + Bentham narrates that the postal service in England, in the 18th + century, was in the hands of stage drivers, but this service was not + connected with the carrying of passengers, as became the custom later. + And then it was impossible to get the drivers to arrive on time, + because they stopped too often at the inns. Fines were imposed, + imprisonment was resorted to, yet the drivers arrived late. The + penalties did not accomplish any results so long as the causes remained. + Then the idea was conceived to carry passengers on the postal stages, + and that stopped the drivers from being late, because whenever they made + a halt, the passengers, who had an interest in arriving on time, called + the drivers and did not give them much time to linger. This is an + illustration of a substitute for punishment. +</p> +<p> + Another illustration. In the Middle Ages, up to the eve of our modern + civilization, piracy was in vogue. Is there anything that was not tried + to suppress piracy? The pirates were persecuted like wild beasts. + Whenever they were caught they were condemned to the most terrible forms + of death. Yet piracy continued. Then came the application of steam + navigation, and piracy disappeared as by magic. And robbery and + brigandage? They withstood the death penalty and extraordinary raids by + soldiers. And we witness today the spectacle of a not very serious + contest between the police who wants to catch a brigand, Musolino; and + a brigand who does not wish to be caught. +</p> +<p> + Wherever the woods are not traversed by railroads or tramways, + brigandage carries on its criminal trade. But wherever railroads and + tramways exist, brigandage is a form of crime which disappears. You may + insist on death penalties and imprisonment, but assault and robbery will + continue, because it is connected with geographical conditions. Use on + the other hand the instrument of civilization, without sentencing any + one, and brigandage and robbery will disappear before its light. And if + human beings in large industrial centers are herded together in + tenements and slum hotels, how can a humane judge aggravate the + penalties against sexual crimes? How can the sense of shame develop + among people, when young and old of both sexes are crowded together in + the same bed, in the same corrupted and corrupting environment, which + robs the human soul of every noble spark? +</p> +<p> + I might stray pretty far, if I were to continue these illustrations of + social hygiene which will be the true solution of the problem and the + supreme systematic, daily humane, and bloodless remedy against the + disease of criminality. However, we have not the simple faith that in + the near or far future of humanity crimes can ever be wholly eradicated. + Even Socialism, which looks forward to a fundamental transformation of + future society on the basis of brotherhood and social justice, cannot + elevate itself to the absolute and naive faith that criminality, + insanity, and suicide can ever fully disappear from the earth. But it is + our firm conviction that the endemic form of criminality, insanity, and + suicide will disappear, and that nothing will remain of them but rare + sporadic forms caused by lesion or telluric and other influences. +</p> +<p> + Since we have made the great discovery that malaria, which weighs upon + so many parts in Italy, is dependent for its transmission on a certain + mosquito, we have acquired the control of malarial therapeutics and are + enabled to protect individuals and families effectively against malaria. + But aside from this function of protecting people, there must be a + social prevention, and since those malarial insects can live only in + swampy districts, it is necessary to bring to those unreclaimed lands + the blessing of the hoe and plow, in order to remove the cause and do + away with the effects. The same problem confronts us in criminology. In + the society of the future we shall undertake this work of social + hygiene, and thereby we shall remove the epidemic forms of criminality. + And nine-tenths of the crimes will then disappear, so that nothing will + remain of them but exceptional cases. There will remain, for instance, + such cases as that of the bricklayer which I mentioned, because there + may always be accidents, no matter what may be the form of social + organization, and nervous disorders may thus appear in certain + individuals. But you can see that these would be exceptional cases of + criminality, which will be easily cured under the direction of science, + that will be the supreme and beneficent manager of institutes for the + segregation of those who will be unfit for social intercourse. The + problem of criminality will thus be solved as far as possible, because + the gradual transformation of society will eliminate the swamps in which + the miasma of crime may form and breed. +</p> +<p> + If we wish to apply these standards to an example which today attracts + the attention of all Italy to this noble city, if we desire to carry our + theories into the practice of contemporaneous life, if science is to + respond to the call of life, let us throw a glance at that form of + endemic criminality known as the Camorra in this city, which has taken + root here just as stabbing affrays have in certain centers of Turin, and + the Mafia in certain centers of Sicily. In the first place, we must not + be wilfully blind to facts and refuse to see that the citizens will + protect themselves, if social justice does not do so. And from that to + crime there is but a shot step. But which is the swampy soil in which + this social disease can spread and persist like leprosy in tin + collective organism? It is the economic poverty of the masses, which + lends to intellectual and moral poverty. +</p> +<p> + You have lately had in Naples a very fortunate struggle, which seems to + have overcome one of the representatives of the high Camorra. But can we + believe that the courageous work of a few public writers has touched the + roots of the Camorra in this city? It would be self-deception to think + so. For we see that plants blossom out again, even after the most + destructive hurricane has passed over them. +</p> +<p> + The healing of society is not so easy, that a collective plague may be + cured by the courageous acts of one or more individuals. The process is + much slower and more complicated. Nevertheless these episodes are + milestones of victory in the onward march of civilization, which will + paralyze the historical manifestations of social criminality. Here, + then, we have a city in which some hundred thousand people rise every + morning and do not know how to get a living, who have no fixed + occupation, because there is not enough industrial development to reach + that methodical application of labor which lifted humanity out of the + prehistoric forests. Truly, the human race progresses by two uplifting + energies: War and labor. +</p> +<p> + In primitive and savage society, when the human personality did not know + the check of social discipline, a military discipline held the members + of the tribe together. But war, while useful in primitive society, loses + its usefulness more and more, because it carries within itself the + cancer that paralyzes it. +</p> +<p> + While war compels collective groups to submit to the co-ordinating + discipline of human activity, it also decreases the respect for human + life. The soldier who kills his fellow man of a neighboring nation by a + stroke of his sword will easily lose the respect for the life of + members of his own social group. Then the second educational energy + interferes, the energy of labor, which makes itself felt at the decisive + moment of prehistoric development, when the human race passes from a + pastoral, hunting, and nomadic life Into an agriculture and settled + life. This is the historic stage, in which the collective ownership of + land and instruments of production is displaced by communal property, + family property, and finally individual property. During these stages, + humanity passes from individual and isolated labor in collective, + associated, co-ordinated labor. The remains of the neolithic epoch show + us the progress of the first workshops, in which our ancestors gathered + and fashioned their primitive tools and arms. They give us an idea of + associated and common labor, which then becomes the great uplifting + energy, because, unlike war, it does not carry within itself a disdain + or violation of the rights of others. Labor is the sole perennial energy + of mankind which leads to social perfection. But if you have 100,000 + persons in a city like Naples who do not enjoy the certainty and + discipline of employment at methodical and common labor, you need not + wonder that the uncertainty of daily life, an illfed stomach, and an + anemic brain, result in the atrophy of all moral sentiment, and that the + evil plant of the Camorra spreads out over everything. The processes in + the law courts may attract the fleeting attention of public opinion, of + legislation, of government, to the disease from which this portion of + the social organism is suffering, but mere repression will not + accomplish anything lasting. +</p> +<p> + The teaching of science tells us plainly that in such a case of endemic + criminality social remedies must be applied to social evils. Unless the + remedy of social reforms accompanies the development and protection of + labor; unless justice is assured to every member of the collectivity, + the courage of this or that citizen is spent in vain, and the evil plant + will continue to thrive in the jungle. +</p> +<p> + Taught by the masterly and inflexible logic of facts, we come to the + adoption of the scientific method in criminal research and conclude that + a simple and uniform remedy like punishment is not adequate to cure such + a natural and social phenomenon as crime, which has its own natural and + social causes. The measures for the preservation of society against + criminality must be manifold, complex and varied, and must be the + outcome of persevering and systematic work on the part of legislators + and citizens on the solid foundation of a systematic collective economy. +</p> +<p> + Let me take leave of you with this practical conclusion, and give my + heart freedom to send to my brain a wave of fervent blood, which shall + express my enduring gratitude for the reception which you have given me. + Old in years, but young in spirit and energetic aspiration to every high + ideal, I tender you my sincere thanks. As a man and a citizen, I thank + you, because these three lectures have been for me a fountain of youth, + of faith, of enthusiasm. Thanks to them I return to the other fields of + my daily occupation with a greater faith in the future of my country and + of humanity. To you, young Italy, I address these words of thanks, glad + and honored, if my words have aroused in your soul one breath which will + make you stronger and more confident in the future of civilization and + social justice. +</p> + + + + + + + +<pre> + + + + + +End of Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +*** END OF THIS PROJECT GUTENBERG EBOOK THE POSITIVE SCHOOL OF CRIMINOLOGY *** + +***** This file should be named 10580-h.htm or 10580-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/5/8/10580/ + +Produced by Afra Ullah and PG Distributed Proofreaders + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS," WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + + https://www.gutenberg.org/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + + + +</pre> + +</body> +</html> diff --git a/old/10580.txt b/old/10580.txt new file mode 100644 index 0000000..bd67b54 --- /dev/null +++ b/old/10580.txt @@ -0,0 +1,2663 @@ +Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Positive School of Criminology + Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 + +Author: Enrico Ferri + +Release Date: January 2, 2004 [EBook #10580] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE POSITIVE SCHOOL OF CRIMINOLOGY *** + + + + +Produced by Afra Ullah and PG Distributed Proofreaders + + + + +THE POSITIVE SCHOOL OF CRIMINOLOGY + +Three Lectures + +Given at the University of Naples, Italy on April 22, 23 and 24, 1901 + + +By Enrico Ferri + +Translated by Ernest Untermann + + +Chicago + +Charles H. Kerr & Company + +1908 + + + + + +THE POSITIVE SCHOOL OF CRIMINOLOGY + + +I. + +My Friends: + +When, in the turmoil of my daily occupation, I received an invitation, +several months ago, from several hundred students of this famous +university, to give them a brief summary, in short special lectures, of +the principal and fundamental conclusions of criminal sociology, I +gladly accepted, because this invitation fell in with two ideals of +mine. These two ideals are stirring my heart and are the secret of my +life. In the first place, this invitation chimed with the ideal of my +personal life, namely, to diffuse and propagate among my brothers the +scientific ideas, which my brain has accumulated, not through any merit +of mine, but thanks to the lucky prize inherited from my mother in the +lottery of life. And the second ideal which this invitation called up +before my mind's vision was this: The ideal of young people of Italy, +united in morals and intellectual pursuits, feeling in their social +lives the glow of a great aim. It would matter little whether this aim +would agree with my own ideas or be opposed to them, so long as it +should be an ideal which would lift the aspirations of the young people +out of the fatal grasp of egoistic interests. Of course, we positivists +know very well, that the material requirements of life shape and +determine also the moral and intellectual aims of human consciousness. +But positive science declares the following to be the indispensable +requirement for the regeneration of human ideals: Without an ideal, +neither an individual nor a collectivity can live, without it humanity +is dead or dying. For it is the fire of an ideal which renders the life +of each one of us possible, useful and fertile. And only by its help can +each one of us, in the more or less short course of his or her +existence, leave behind traces for the benefit of fellow-beings. The +invitation extended to me proves that the students of Naples believe in +the inspiring existence of such an ideal of science, and are anxious to +learn more about ideas, with which the entire world of the present day +is occupied, and whose life-giving breath enters even through the +windows of the dry courtrooms, when their doors are closed against it. + + * * * * * + +Let us now speak of this new science, which has become known in Italy by +the name of the Positive School of Criminology. This science, the same +as every other phenomenon of scientific evolution, cannot be +shortsightedly or conceitedly attributed to the arbitrary initiative of +this or that thinker, this or that scientist. We must rather regard it +as a natural product, a necessary phenomenon, in the development of that +sad and somber department of science which deals with the disease of +crime. It is this plague of crime which forms such a gloomy and painful +contrast with the splendor of present-day civilization. The 19th century +has won a great victory over mortality and infectious diseases by means +of the masterful progress of physiology and natural science. But while +contagious diseases have gradually diminished, we see on the other hand +that moral diseases are growing more numerous in our so-called +civilization. While typhoid fever, smallpox, cholera and diphtheria +retreated before the remedies which enlightened science applied by means +of the experimental method, removing their concrete causes, we see on +the other hand that insanity, suicide and crime, that painful trinity, +are growing apace. And this makes it very evident that the science which +is principally, if not exclusively, engaged in studying these phenomena +of social disease, should feel the necessity of finding a more exact +diagnosis of these moral diseases of society, in order to arrive at some +effective and more humane remedy, which should more victoriously combat +this somber trinity of insanity, suicide and crime. + +The science of positive criminology arose in the last quarter of the +19th century, as a result of this strange contrast, which would be +inexplicable, if we could not discover historical and scientific reasons +for its existence. And it is indeed a strange contrast that Italy should +have arrived at a perfect theoretical development of a classical school +of criminology, while there persists, on the other hand, the disgraceful +condition that criminality assumes dimensions never before observed in +this country, so that the science of criminology cannot stem the tide of +crime in high and low circles. It is for this reason, that the positive +school of criminology arises out of the very nature of things, the same +as every other line of science. It is based on the conditions of our +daily life. It would indeed be conceited on our part to claim that we, +who are the originators of this new science and its new conclusions, +deserve alone the credit for its existence. The brain of the scientist +is rather a sort of electrical accumulator, which feels and assimilates +the vibrations and heart-beats of life, its splendor and its shame, and +derives therefrom the conviction that it must of necessity provide for +definite social wants. And on the other hand, it would be an evidence of +intellectual short-sightedness on the part of the positivist man of +science, if he did not recognize the historical accomplishments, which +his predecessors on the field of science have left behind as indelible +traces of their struggle against the unknown in that brilliant and +irksome domain. For this reason, the adherents of the positive school of +criminology feel the most sincere reverence for the classic school of +criminology. And I am glad today, in accepting the invitation of the +students of Naples, to say, that this is another reason why their +invitation was welcome to me. It is now 16 years since I gave in this +same hall a lecture on positive criminology, which was then in its +initial stages. It was in 1885, when I had the opportunity to outline +the first principles of the positive school of criminology, at the +invitation of other students, who preceded you on the periodic waves of +the intellectual generations. And the renewal of this opportunity gave +me so much moral satisfaction that, I could not under any circumstances +decline your invitation. Then too, the Neapolitan Atheneum has +maintained the reputation of the Italian mind in the 19th century, also +in that science which even foreign scientists admit to be our specialty, +namely the science of criminology. In fact, aside from the two terrible +books of the Digest, and from the practical criminologists of the Middle +Ages who continued the study of criminality, the modern world opened a +glorious page in the progress of criminal science with the modest little +book of Cesare Beccaria. This progress leads from Cesare Beccaria, by +way of Francesco Carrara, to Enrico Pessina. + +Enrico Pessina alone remains of the two giants who concluded the cycle +of classic school of criminology. In a lucid moment of his scientific +consciousness, which soon reverted to the old abstract and metaphysical +theories, he announced in an introductory statement in 1879, that +criminal justice would have to rejuvenate itself in the pure bath of the +natural sciences and substitute in place of abstraction the living and +concrete study of facts. Naturally every scientist has his function and +historical significance; and we cannot expect that a brain which has +arrived at the end of its career should turn towards a new direction. At +any rate, it is a significant fact that this most renowned +representative of the classic school of criminology should have pointed +out this need of his special science in this same university of Naples, +one year after the inauguration of the positive school of criminology, +that he should have looked forward to a time when the study of natural +and positive facts would set to rights the old juridical abstractions. +And there is still another precedent in the history of this university, +which makes scientific propaganda at this place very agreeable for a +positivist. It is that six years before that introductory statement by +Pessina, Giovanni Bovio gave lectures at this university, which he +published later on under the title of "A Critical Study of Criminal +Law." Giovanni Bovio performed in this monograph the function of a +critic, but the historical time of his thought, prevented him from +taking part in the construction of a new science. However, he prepared +the ground for new ideas, by pointing out all the rifts and weaknesses +of the old building. Bovio maintained that which Gioberti, Ellero, +Conforti, Tissol had already maintained, namely that it is impossible to +solve the problem which is still the theoretical foundation of the +classic school of criminology, the problem of the relation between +punishment and crime. No man, no scientist, no legislator, no judge, has +ever been able to indicate any absolute standard, which would enable us +to say that equity demands a definite punishment for a definite crime. +We can find some opportunistic expedient, but not a solution of the +problem. Of course, if we could decide which is the gravest crime, then +we could also decide on the heaviest sentence and formulate a descending +scale which would establish the relative fitting proportions between +crime and punishment. If it is agreed that patricide is the gravest +crime, we meet out the heaviest sentence, death or imprisonment for +life, and then we can agree on a descending scale of crime and on a +parallel scale of punishments. But the problem begins right with the +first stone of the structure, not with the succeeding steps. Which is +the greatest penalty proportional to the crime of patricide? Neither +science, nor legislation, nor moral consciousness, can offer an absolute +standard. Some say: The greatest penalty is death. Others say: No, +imprisonment for life. Still others say: Neither death, nor imprisonment +for life, but only imprisonment for a time. And if imprisonment for a +time is to be the highest penalty, how many years shall it last +--thirty, or twenty-five, or ten? + +No man can set up any absolute standard in this matter. Giovanni Bovio +thus arrived at the conclusion that this internal contradiction in the +science of criminology was the inevitable fate of human justice, and +that this justice, struggling in the grasp of this internal +contradiction, must turn to the civil law and ask for help in its +weakness. The same thought had already been illumined by a ray from the +bright mind of Filangieri, who died all too soon. And we can derive from +this fact the historical rule that the most barbarian conditions of +humanity show a prevalence of a criminal code which punishes without +healing; and that the gradual progress of civilization will give rise +to the opposite conception of healing without punishing. + +Thus it happens that this university of Naples, in which the illustrious +representative of the classic school of criminology realized the +necessity of its regeneration, and in which Bovio foresaw its sterility, +has younger teachers now who keep alive the fire of the positivist +tendency in criminal science, such as Penta, Zuccarelli, and others, +whom you know. Nevertheless I feel that this faculty of jurisprudence +still lacks oxygen in the study of criminal law, because its thought is +still influenced by the overwhelming authority of the name of Enrico +Pessina. And it is easy to understand that there, where the majestic +tree spreads out its branches towards the blue vault, the young plant +feels deprived of light and air, while it might have grown strong and +beautiful in another place. + +The positive school of criminology, then, was born in our own Italy +through the singular attraction of the Italian mind toward the study of +criminology; and its birth is also due to the peculiar condition our +country with its great and strange contrast between the theoretical +doctrines and the painful fact of an ever increasing criminality. + +The positive school of criminology was inaugurate by the work of Cesare +Lombroso, in 1872. From 1872 to 1876 he opened a new way for the study +of criminality by demonstrating in his own person that we must first +understand the criminal who offends, before we can study and understand +his crime. Lombroso studied the prisoners in the various penitentiaries +of Italy from the point of view of anthropology. And he compiled his +studies in the reports of the Lombardian Institute of Science and +Literature, and published them later together in his work "Criminal +Man." The first edition of this work (1876) remained almost unnoticed, +either because its scientific material was meager, or because Cesare +Lombroso had not yet drawn any general scientific conclusions, which +could have attracted the attention of the world of science and law. But +simultaneously with its second edition (1878) there appeared two +monographs, which constituted the embryo of the new school, +supplementing the anthropological studies of Lombroso with conclusions +and systematizations from the point of view of sociology and law. +Raffaele Garofalo published in the Neapolitan Journal of Philosophy and +Literature an essay on criminality, in which he declared that the +dangerousness of the criminal was the criterion by which society should +measure the function of its defense against the disease of crime. And in +the same year, 1878, I took occasion to publish a monograph on the +denial of free will and personal responsibility, in which I declared +frankly that from now on the science of crime and punishment must look +for the fundamental facts of a science of social defense against crime +in the human and social life itself. The simultaneous publication of +these three monographs caused a stir. The teachers of classic +criminology, who had taken kindly to the recommendations of Pessina and +Ellero, urging them to study the natural sources of crime, met the new +ideas with contempt, when the new methods made a determined and radical +departure, and became not only the critics, but the zealous opponents of +the new theories. And this is easy to understand. For the struggle for +existence is an irresistible law of nature, as well for the thousands of +germs scattered to the winds by the oak, as for the ideas which grow in +the brain of man. But persecutions, calumnies, criticisms, and +opposition are powerless against an idea, if it carries within itself +the germ of truth. Moreover, we should look upon this phenomenon of a +repugnance in the average intellect (whether of the ordinary man or the +scientist) for all new ideas as a natural function. For when the brain +of some man has felt the light of a new idea, a sneering criticism +serves us a touchstone for it. If the idea is wrong, it will fall by the +wayside; if it is right, then criticisms, opposition and persecution +will cull the golden kernel from the unsightly shell, and the idea will +march victoriously over everything and everybody. It is so in all walks +of life--in art, in politics, in science. Every new idea will rouse +against itself naturally and inevitably the opposition of the accustomed +thoughts. This is so true, that when Cesare Beccaria opened the great +historic cycle of the classic school of criminology, he was assaulted by +the critics of his time with the same indictments which were brought +against us a century later. + +When Cesare Beccaria printed his book on crime and penalties in 1774 +under a false date and place of publication, reflecting the aspirations +which gave rise to the impending hurricane of the French revolution; +when he hurled himself against all that was barbarian in the mediaeval +laws and set loose a storm of enthusiasm among the encyclopedists, and +even some of the members of government, in France, he was met by a wave +of opposition, calumny and accusation on the part of the majority of +jurists, judges and lights of philosophy. The abbe Jachinci published +four volumes against Beccaria, calling him the destroyer of justice and +morality, simply because he had combatted the tortures and the death +penalty. + +The tortures, which we incorrectly ascribe to the mental brutality of +the judges of those times, were but a logical consequence of the +contemporaneous theories. It was felt that in order to condemn a man, +one must have the certainty of his guilty, and it was said that the best +means of obtaining tins certainty, the queen of proofs, was the +confession of the criminal. And if the criminal denied his guilt, it was +necessary to have recourse to torture, in order to force him to a +confession which he withheld from fear of the penalty. The torture +soothed, so to say, the conscience of the judge, who was free to condemn +as soon as he had obtained a confession. Cesare Beccaria rose with +others against the torture. Thereupon the judges and jurists protested +that penal justice would be impossible, because it could not get any +information, since a man suspected of a crime would not confess his +guilt voluntarily. Hence they accused Beccaria of being the protector of +robbers and murderers, because he wanted to abolish the only means of +compelling them to a confession, the torture. But Cesare Beccaria had on +his side the magic power of truth. He was truly the electric accumulator +of his time, who gathered from its atmosphere the presage of the coming +revolution, the stirring of the human conscience. You can find a similar +illustration in the works of Daquin in Savoy, of Pinel in France, and of +Hach Take in England, who strove to bring about a revolution in the +treatment of the insane. This episode interests us especially, because +it is a perfect illustration of the way traveled by the positive school +of criminology. The insane were likewise considered to blame for their +insanity. At the dawn of the 19th century, the physician Hernroth still +wrote that insanity was a moral sin of the insane, because "no one +becomes insane, unless he forsakes the straight path of virtue and of +the fear of the Lord." + +And on this assumption the insane were locked up in horrible dungeons, +loaded down with chains, tortured and beaten, for lo! their insanity was +their own fault. + +At that period, Pinel advanced the revolutionary idea that insanity was +not a sin, but a disease like all other diseases. This idea is now a +commonplace, but in his time it revolutionized the world. It seemed as +though this innovation inaugurated by Pinel would overthrow the world +and the foundations of society. Well, two years before the storming of +the Bastile Pinel walked into the sanitarium of the Salpetriere and +committed the brave act of freeing the insane of the chains that weighed +them down. He demonstrated in practice that the insane, when freed of +their chains, became quieter, instead of creating wild disorder and +destruction. This great revolution of Pinel, Chiarugi, and others, +changed the attitude of the public mind toward the insane. While +formerly insanity had been regarded as a moral sin, the public +conscience, thanks to the enlightening work of science, henceforth had +to adapt itself to the truth that insanity is a disease like all +others, that a man does not become insane because he wants to, but that +he becomes insane through hereditary transmission and the influence of +the environment in which he lives, being predisposed toward insanity and +becoming insane under the pressure of circumstances. + +The positive school of criminology accomplished the same revolution in +the views concerning the treatment of criminals that the above named men +of science accomplished for the treatment of the insane. The general +opinion of classic criminalists and of the people at large is that crime +involves a moral guilt, because it is due to the free will of the +individual who leaves the path of virtue and chooses the path of crime, +and therefore it must be suppressed by meeting it with a proportionate +quantity of punishment. This is to this day the current conception of +crime. And the illusion of a free human will (the only miraculous factor +in the eternal ocean of cause and effect) leads to the assumption that +one can choose freely between virtue and vice. How can you still believe +in the existence of a free will, when modern psychology armed with all +the instruments of positive modern research, denies that there is any +free will and demonstrates that every act of a human being is the +result of an interaction between the personality and the environment of +man? + +And how is it possible to cling to that obsolete idea of moral guilt, +according to which every individual is supposed to have the free choice +to abandon virtue and give himself up to crime? The positive school of +criminology maintains, on the contrary, that it is not the criminal who +wills; in order to be a criminal it is rather necessary that the +individual should find himself permanently or transitorily in such +personal, physical and moral conditions, and live in such an +environment, which become for him a chain of cause and effect, +externally and internally, that disposes him toward crime. This is our +conclusion, which I anticipate, and it constitutes the vastly different +and opposite method, which the positive school of criminology employs as +compared to the leading principle of the classic school of criminal +science. + +In this method, this essential principle of the positive school of +criminology, you will find another reason for the seemingly slow advance +of this school. That is very natural. If you consider the great reform +carried by the ideas of Cesare Beccaria into the criminal justice of +the Middle Age, you will see that the great classic school represents +but a small step forward, because it leaves the penal justice on the +same theoretical and practical basis which it had in the Middle Age and +in classic antiquity, that is to say, based on the idea of a moral +responsibility of the individual. For Beccaria, for Carrara, for their +predecessors, this idea is no more nor less than that mentioned in books +47 and 48 of the Digest: "The criminal is liable to punishment to the +extent that he is morally guilty of the crime he has committed." The +entire classic school is, therefore, nothing but a series of reforms. +Capital punishment has been abolished in some countries, likewise +torture, confiscation, corporal punishment. But nevertheless the immense +scientific movement of the classic school has remained a mere reform. + +It has continued in the 19th century to look upon crime in the same way +that the Middle Age did: "Whoever commits murder or theft, is alone the +absolute arbiter to decide whether he wants to commit the crime or not." +This remains the foundation of the classic school of criminology. This +explains why it could travel on its way more rapidly than the positive +school of criminology. And yet, it took half a century from the time of +Beccaria, before the penal codes showed signs of the reformatory +influence of the classic school of criminology. So that it has also +taken quite a long time to establish it so well that it became accepted +by general consent, as it is today. The positive school of criminology +was born in 1878, and although it does not stand for a mere reform of +the methods of criminal justice, but for a complete and fundamental +transformation of criminal justice itself, it has already gone quite a +distance and made considerable conquests which begin to show in our +country. It is a fact that the penal code now in force in this country +represents a compromise, so far as the theory of personal responsibility +is concerned, between the old theory of free will and the conclusions of +the positive school which denies this free will. + +You can find an illustration of this in the eloquent contortions of +phantastic logic in the essays on the criminal code written by a great +advocate of the classic school of criminology, Mario Pagano, this +admirable type of a scientist and patriot, who does not lock himself up +in the quiet egoism of his study, but feels the ideal of his time +stirring within him and gives up his life to it. He has written three +lines of a simple nudity that reveals much, in which he says: "A man is +responsible for the crimes which he commits; if, in committing a crime, +his will is half free, he is responsible to the extent of one-half; if +one-third, he is responsible one-third." There you have the +uncompromising and absolute classic theorem. But in the penal code of +1890, you will find that the famous article 45 intends to base the +responsibility for a crime on the simple will, to the exclusion of the +free will. However, the Italian judge has continued to base the exercise +of penal justice on the supposed existence of the free will, and +pretends not to know that the number of scientists denying the free will +is growing. Now, how is it possible that so terrible an office as that +of sentencing criminals retains its stability or vacillates, according +to whether the first who denies the existence of a free will deprives +this function of its foundation? + +Truly, it is said that this question has been too difficult for the new +Italian penal code. And, for this reason, it was thought best to base +the responsibility for a crime on the idea that a man is guilty simply +for the reason that he wanted to commit the crime; and that he is not +responsible if he did not want to commit it. But this is an eclectic way +out of the difficulty, which settles nothing, for in the same code we +have the rule that involuntary criminals are also punished, so that +involuntary killing and wounding are punished with imprisonment the same +as voluntary deeds of this kind. We have heard it said in such cases +that the result may not have been intended, but the action bringing it +about was. If a hunter shoots through a hedge and kills or wounds a +person, he did not intend to kill, and yet he is held responsible +because his first act, the shooting, was voluntary. + +That statement applies to involuntary crimes, which are committed by +some positive act. But what about involuntary crimes of omission? In a +railway station, where the movements of trains represent the daily whirl +of traffic in men, things, and ideas, every switch is a delicate +instrument which may cause a derailment. The railway management places a +switchman on duty at this delicate post. But in a moment of fatigue, or +because he had to work inhumanly long hours of work, which exhausted all +his nervous elasticity, or for other reasons, the switchman forgets to +set the switch and causes a railroad accident, in which people are +killed and wounded. Can it be said that he intended the first act? +Assuredly not, for he did not intend anything and did not do anything. +The hunter who fires a shot has at least had the intention of shooting. +But the switchman did not want to forget (for in that case he would be +indirectly to blame); he has simply forgotten from sheer fatigue to do +his duty; he has had no intention whatever, and yet you hold him +responsible in spite of all that! The fundamental logic of your +reasoning in this case corresponds to the logic of the things. Does it +not happen every day in the administration of justice that the judges +forget about the neutral expedient of the legislator who devised this +relative progress of the penal code, which pretends to base the +responsibility of a man on the neutral and naive criterion of a will +without freedom of will? Do they not follow their old mental habits in +the administration of justice and apply the obsolete criterion of the +free will, which the legislator thought fit to abandon? We see, then, +as a result of this imperfect and insincere innovation in penal +legislation this flagrant contradiction, that the magistrates assume the +existence of a free will, while the legislator has decided that it shall +not be assumed. Now, in science as well as in legislation, we should +follow a direct and logical line, such as that of the classic school or +the positive school of criminology. But whoever thinks he has solved a +problem when he gives us a solution which is neither fish nor fowl, +comes to the most absurd and iniquitous conclusions. You see what +happens every day. If to-morrow some beastly and incomprehensible crime +is committed, the conscience of the judge is troubled by this question: +Was the person who committed this crime morally free to act or not? He +may also invoke the help of legislation, and he may take refuge in +article 46,[A] or in that compromise of article 47,[B] which admits +a responsibility of one-half or one-third, and he would decide on a +penalty of one-half or one-third. + +All this may take place in the case of a grave and strange crime. And on +the other hand, go to the municipal courts or to the police courts, +where the magic lantern of justice throws its rays upon the nameless +human beings who have stolen a bundle of wood in a hard winter, or who +have slapped some one in the face during a brawl in a saloon. +And if they should find a defending lawyer who would demand the +appointment of a medical expert, watch the reception he would get from +the judge. When justice is surprised by a beastly and strange crime, it +feels the entire foundation of its premises shaking, it halts for a +moment, it calls in the help of legal medicine, and reflects before it +sentences. But in the case of those poor nameless creatures, justice +does not stop to consider whether that microbe in the criminal world who +steals under the influence of hereditary or acquired degeneration, or in +the delirium of chronic hunger, is not worthy of more pity. It rather +replies with a mephistophelian grin when he begs for a humane +understanding of his case. + +[A] Article 46: "A person is not subject to punishment, if at the moment +of his deed he was in a mental condition which deprived him of +consciousness or of the freedom of action. But if the judge considers it +dangerous to acquit the prisoner, he has to transfer him to the care of +the proper authorities, who will take the necessary precautions." + +[B] Article 47: "If the mental condition mentioned in the foregoing +article was such as to considerably decrease the responsibility, without +eliminating it entirely, the penalty fixed upon the crime committed is +reduced according to the following rules: + +"I. In place of penitentiary, imprisonment for not less than six years. + +"II. In place of the permanent loss of civic rights, a loss of these +rights for a stipulated time. + +"III. Whenever it is a question of a penalty of more than twelve years, +it is reduced to from three to ten years; if of more than six years, but +not more than twelve, it is reduced to from one to five years; in other +cases, the reduction is to be one-half of the ordinary penalty. + +"IV. A fine is reduced to one-half. + +"V. If the penalty would be a restriction of personal liberty, the judge +may order the prisoner to a workhouse, until the proper authorities +object, when the remainder of the sentence is carried out in the usual +manner." + +It is true that there is now and then in those halls of justice, which +remain all too frequently closed to the living wave of public sentiment, +some more intelligent and serene judge who is touched by this painful +understanding of the actual human life. Then he may, under the illogical +conditions of penal justice, with its compromise between the exactness +of the classic and that of the positive school of criminology, seek for +some expedient which may restore him to equanimity. + +In 1832, France introduced a penal innovation, which seemed to represent +an advance on the field of justice, but which is in reality a denial of +justice: The expedient of _extenuating circumstances_. The judge does +not ask for the advice of the court physician in the case of some +forlorn criminal, but condemns him without a word of rebuke to society +for its complicity. But in order to assuage his own conscience he grants +him extenuating circumstances, which seem a concession of justice, but +are, in reality, a denial of justice. For you either believe that a man +is responsible for his crime, and in that case the concession of +extenuating circumstances is a hypocrisy; or you grant them in good +faith, and then you admit that the man was in circumstances which +reduced his moral responsibility, and thereby the extenuating +circumstances become a denial of justice. For if your conviction +concerning such circumstances were sincere, you would go to the bottom +of them and examine with the light of your understanding all those +innumerable conditions which contribute toward those extenuating +circumstances. But what are those extenuating circumstances? Family +conditions? Take it that a child is left alone by its parents, who are +swallowed up in the whirl of modern industry, which overthrows the laws +of nature and forbids the necessary rest, because steam engines do not +get tired and day work must be followed by night work, so that the +setting of the sun is no longer the signal for the laborer to rest, but +to begin a new shift of work. Take it that this applies not alone to +adults, but also to human beings in the growing stage, whose muscular +power may yield some profit for the capitalists. Take it that even the +mother, during the period of sacred maternity, becomes a cog in the +machinery of industry. And you will understand that the child must grow +up, left to its own resources, in the filth of life, and that its +history will be inscribed in criminal statistics, which are the shame of +our so-called civilization. + +Of course, in this first lecture I cannot give you even a glimpse of the +positive results of that modern science which has studied the criminal +and his environment instead of his crimes. And I must, therefore, limit +myself to a few hints concerning the historical origin of the positive +school of criminology. I ought to tell you something concerning the +question of free will. But you will understand that such a momentous +question, which is worthy of a deep study of the many-sided physical, +moral, intellectual life, cannot be summed up in a few short words. I +can only say that the tendency of modern natural sciences, in physiology +as well as psychology, has overruled the illusions of those who would +fain persist in watching psychological phenomena merely within +themselves and think that they can understand them without any other +means. On the contrary, positive science, backed by the testimony of +anthropology and of the study of the environment, has arrived at the +following conclusions: The admission of a free will is out of the +question. For if the free will is but an illusion of our internal being, +it is not a real faculty possessed by the human mind. Free will would +imply that the human will, confronted by the choice of making +voluntarily a certain determination, has the last decisive word under +the pressure of circumstances contending for and against this decision; +that it is free to decide for or against a certain course independently +of internal and external circumstances, which play upon it, according to +the laws of cause and effect. + +Take it that a man has insulted me. I leave the place in which I have +been insulted, and with me goes the suggestion of forgiveness or of +murder and vengeance. And then it is assumed that a man has his complete +free will, unless he is influenced by circumstances explicitly +enumerated by the law, such as minority, congenital deaf-muteness, +insanity, habitual drunkenness and, to a certain extent, violent +passion. If a man is not in a condition mentioned in this list, he is +considered in possession of his free will, and if he murders he is held +morally responsible and therefore punished. + +This illusion of a free will has its source in our inner consciousness, +and is due solely to the ignorance in which we find ourselves concerning +the various motives and different external and internal conditions which +press upon our mind at the moment of decision. + +If a man knows the principal causes which determine a certain +phenomenon, he says that this phenomenon is inevitable. If he does not +know them, he considers it as an accident, and this corresponds in the +physical field to the arbitrary phenomenon of the human will which does +not know whether it shall decide this way or that. For instance, some of +us were of the opinion, and many still are, that the coming and going of +meteorological phenomena was accidental and could not he foreseen. But +in the meantime, science has demonstrated that they are likewise subject +to the law of causality, because it discovered the causes which enable +us to foresee their course. Thus weather prognosis has made wonderful +progress by the help of a network of telegraphically connected +meteorological stations, which succeeded in demonstrating the connection +between cause and effect in the case of hurricanes, as well as of any +other physical phenomenon. It is evident that the idea of accident, +applied to physical nature, is unscientific. Every physical phenomenon +is the necessary effect of the causes that determined it beforehand. If +those causes are known to us, we have the conviction that that +phenomenon is necessary, is fate, and, if we do not know them, we think +it is accidental. The same is true of human phenomena. But since we do +not know the internal and external causes in the majority of cases, we +pretend that they are free phenomena, that is to say, that they are not +determined necessarily by their causes. Hence the spiritualistic +conception of the free will implies that every human being, in spite of +the fact that their internal and external conditions are necessarily +predetermined, should be able to come to a deliberate decision by the +mere fiat of his or her free will, so that, even though the sum of all +the causes demands a no, he or she can decide in favor of yes, and vice +versa. Now, who is there that thinks, when deliberating some action, +what are the causes that determine his choice? We can justly say that +the greater part of our actions are determined by habit, that we make up +our minds almost from custom, without considering the reason for or +against. When we get up in the morning we go about our customary +business quite automatically, we perform it as a function in which we do +not think of a free will. We think of that only in unusual and grave +cases, when we are called upon to make some special choice, the +so-called voluntary deliberation, and then we weigh the reasons for or +against; we ponder, we hesitate what to do. Well, even in such cases, so +little depends on our will in the deliberations which we are about to +take that if any one were to ask us one minute before we have decided +what we are going to do, we should not know what we were going to +decide. So long as we are undecided, we cannot foresee what we are going +to decide; for under the conditions in which we live that part of the +psychic process takes place outside of our consciousness. And since we +do not know its causes, we cannot tell what will be its effects. Only +after we have come to a certain decision can we imagine that it was due +to our voluntary action. But shortly before we could not tell, and that +proves that it did not depend on us alone. Suppose, for instance, that +you have decided to play a joke on a fellow-student, and that you carry +it out. He takes it unkindly. You are surprised, because that is +contrary to his habits and your expectations. But after a while you +learn that your friend had received bad news from home on the preceding +morning and was therefore not in a condition to feel like joking, and +then you say: "If we had known that we should not have decided to spring +the joke on him." That is equivalent to saying that, if the balance of +your will had been inclined toward the deciding motive of no, you would +have decided no; but not knowing that your friend was distressed and not +in his habitual frame of mind, you decided in favor of yes. This +sentence: "If I had known this I should not have done that" is an outcry +of our internal consciousness, which denies the existence of a free +will. + +On the other hand, nothing is created and nothing destroyed either in +matter or in force, because both matter and force are eternal and +indestructible. They transform themselves in the most diversified +manner, but not an atom is added or taken away, not one vibration more +or less takes place. And so if is the force of external and internal +circumstances which determines the decision of our will at any given +moment. The idea of a free will, however, is a denial of the law of +cause and effect, both in the field of philosophy and theology. Saint +Augustine and Martin Luther furnish irrefutable theological arguments +for the denial of a free will. The omnipotence of God is irreconcilable +with the idea of free will. If everything that happens does so because a +superhuman and omnipotent power wants it _(Not a single leaf falls to +the ground without the will of God)_, how can a son murder his father +without the permission and will of God? For this reason Saint Augustine +and Martin Luther have written _de servo arbitrio_. + +But since theological arguments serve only those who believe in the +concept of a god, which is not given to us by science, we take recourse +to the laws which we observe in force and matter, and to the law of +causality. If modern science has discovered the universal link which +connects all phenomena through cause and effect, which shows that every +phenomenon is the result of causes which have preceded it; if this is +the law of causality, which is at the very bottom of modern scientific +thought, then it is evident that the admission of free thought is +equivalent to an overthrow of this law, according to which every effect +is proportionate to its cause. In that case, this law, which reigns +supreme in the entire universe, would dissolve itself into naught at +the feet of the human being, who would create effects with his free will +not corresponding to their causes! It was all right to think so at a +time when people had an entirely different idea of human beings. But the +work of modern science, and its effect on practical life, has resulted +in tracing the relations of each one of us with the world and with our +fellow beings. And the influence of science may be seen in the +elimination of great illusions which in former centuries swayed this or +that part of civilized humanity. The scientific thought of Copernicus +and Galilei did away with the illusions which led people to believe that +the earth was the center of the universe and of creation. + +Take Cicero's book _de Officiis_, or the _Divina Commedia_ of Dante, and +you will find that to them the earth is the center of creation, that the +infinite stars circle around it, and that man is the king of animals: a +geocentric and anthropocentric illusion inspired by immeasurable +conceit. But Copernicus and Galilei came and demonstrated that the earth +does not stand still, but that it is a grain of cosmic matter hurled +into blue infinity and rotating since time unknown around its central +body, the sun, which originated from an immense primitive nebula. +Galilei was subjected to tortures by those who realized that this new +theory struck down many a religious legend and many a moral creed. But +Galilei had spoken the truth, and nowadays humanity no longer indulges +in the illusion that the earth is the center of creation. + +But men live on illusions and give way but reluctantly to the progress +of science, in order to devote themselves arduously to the ideal of the +new truths which rise out of the essence of things of which mankind is a +part. After the geocentric illusion had been destroyed, the +anthropocentric illusion still remained. On earth, man was still +supposed to be king of creation, the center of terrestrial life. All +Species of animals, plants and minerals were supposed to be created +expressly for him, and to have had from time immemorial the forms which +we see now, so that the fauna and flora living on our planet have always +been what they are today. And Cicero, for instance, said that the +heavens were placed around the earth and man in order that he might +admire the beauty of the starry firmament at night, and that animals +and plants were created for his use and pleasure. But in 1856 Charles +Darwin came and, summarizing the results of studies that had been +carried on for a century, destroyed in the name of science the superb +illusion that man is the king and center of creation. He demonstrated, +amid the attacks and calumnies of the lovers of darkness, that man is +not the king of creation, but merely the last link of the zoological +chain, that nature is endowed with eternal energies by which animal and +plant life, the same as mineral life (for even in crystals the laws of +life are at work), are transformed from the invisible microbe to the +highest form, man. + +The anthropocentric illusion rebelled against the word of Darwin, +accusing him of lowering the human life to the level of the dirt or of +the brute. But a disciple of Darwin gave the right answer, while +propagating the Darwinian theory at the university of Jena. It was +Haeckel, who concluded: "For my part, and so far as my human +consciousness is concerned, I prefer to be an immensely perfected ape +rather than to be a degenerated and debased Adam." + +Gradually the anthropocentric illusion has been compelled to give way +before the results of science, and today the theories of Darwin have +become established among our ideas. But another illusion still remains, +and science, working in the name of reality, will gradually eliminate +it, namely the illusion that the nineteenth century has established a +permanent order of society. While the geocentric and anthropocentric +illusions have been dispelled, the illusion of the immobility and +eternity of classes still persists. But it is well to remember that in +Holland in the sixteenth century, in England in the seventeenth, in +Europe since the revolution of 1789, we have seen that freedom of +thought in science, literature and art, for which the bourgeoisie +fought, triumphed over the tyranny of the mediaeval dogma. And this +condition, instead of being a glorious but transitory stage, is supposed +to be the end of the development of humanity, which is henceforth +condemned not to perfect itself any more by further changes. This is the +illusion which serves as a fundamental argument against the positive +school of criminology, since it is claimed that a penal justice +enthroned on the foundations of Beccaria and Carrara would be a +revolutionary heresy. It is also this illusion which serves as an +argument against those who draw the logical consequences in regard to +the socialistic future of humanity, for the science which takes its +departure front the work of Copernicus, Galilei and Darwin arrives +logically at socialism. Socialism is but the natural and physical +transformation of the economic and social institutions. Of course, so +long as the geocentric and anthropocentric illusions dominate, it is +natural that the lore of stability should impress itself upon science +and life. How could this living atom, which the human being is, +undertake to change that order of creation, which makes of the earth the +center of the universe and of man the center of life? Not until science +had introduced the conception of a natural formation and transformation, +of the solar system, as well as of the fauna and flora, did the human +mind grasp the idea that thought and action can transform the world. + +For this reason we believe that the study of the criminal, and the +logical consequences therefrom, will bring about the complete +transformation of human justice, not only as a theory laid down in +scientific books, but also as a practical function applied every day to +that living and suffering portion of humanity which has fallen into +crime. We have the undaunted faith that the work of scientific truth +will transform penal justice into a simple function of preserving +society from the disease of crime, divested of all relics of vengeance, +hatred and punishment, which still survive in our day as living +reminders of the barbarian stage. We still hear the "public vengeance" +invoked against the criminal today, and justice has still for its symbol +a sword, which it uses more than the scales. But a judge born of a woman +cannot weigh the moral responsibility of one who has committed murder or +theft. Not until the experimental and scientific method shall look for +the causes of that dangerous malady, which we call crime, in the +physical and psychic organism, and in the family and the environment, of +the criminal, will justice guided by science discard the sword which now +descends bloody upon those poor fellow-beings who have fallen victims to +crime, and become a clinical function, whose prime object shall be to +remove or lessen in society and individuals the causes which incite to +crime. Then alone will justice refrain from wreaking vengeance, after a +crime has been committed, with the shame of an execution or the +absurdity of solitary confinement. + +On the one hand, human life depends on the word of a judge, who may err +in the case of capital punishment; and society cannot end the life of a +man, unless the necessity of legitimate self-defense demands it. On the +other hand, solitary confinement came in with the second current of the +classic school of criminology, when at the same time, in which Beccaria +promulgated his ideas, John Howard traveled all over Europe describing +the unmentionable horrors of mass imprisonment, which became a center of +infection for society at large. Then the classic school went to the +other extreme of solitary confinement, after the model of America, +whence we adopted the systems of Philadelphia and Harrisburg in the +first half of the nineteenth century. Isolation for the night is also +our demand, but we object to continuous solitary confinement by day and +night. Pasquale Mancini called solitary confinement "a living grave," in +order to reassure the timorous, when in the name of the classic school, +whose valiant champion he was, he demanded in 1876 the abolition of +capital punishment. Yet in his swan song he recognized that the future +would belong to the positive school of criminology. And it is this +"living grave" against which we protest. It cannot possibly be an act of +human justice to bury a human being in a narrow cell, within four walls, +to prevent this being from having any contact with social life, and to +say to him at the end of his term: Now that your lungs are no longer +accustomed to breathing the open air, now that your legs are no longer +used to the rough roads, go, but take care not, to have a relapse, or +your sentence will be twice as hard. + +In reality, solitary confinement makes of a human being either a stupid +creature, or a raving beast. And "s'io dico il vero, l'effeto nol +nasconde"--if I speak the truth, the facts will also reveal it--for +criminality increases and expands, honest people remain unprotected, and +those who are struck by the law do not improve, but become ever more +antisocial through the repeated relapses. And so we have that contrast +which I mentioned in the beginning of my lecture, that the theoretical +side of criminal science is so perfected, while criminal conditions are +painfully in evidence. The inevitable conclusion is the necessity of a +progressive transformation of the science of crime and punishment. + + + + +OF CRIMINOLOGY. + + +II. + +We saw yesterday in a short historical review that the classic cycle of +the science of crime and punishment, originated by Cesare Beccaria more +than a century ago, was followed in our country, some twenty years +since, by the scientific movement of the positive school of criminology. +Let us see today how this school studied the problem of criminality, +reserving for tomorrow the discussion of the remedies proposal by this +school for the disease of criminality. + +When a crime is committed in some place, attracting public attention +either through the atrocity of the case or the strangeness of the +criminal deed--for instance, one that is not connected with bloodshed, +but with intellectual fraud--there are at once two tendencies that make +themselves felt in the public conscience. One of them, pervading the +overwhelming majority of individual consciences, asks: How is this? What +for? Why did that man commit such a crime? This question is asked by +everybody and occupies mostly the attention of those who do not look +upon the case from the point of view of criminology. On the other hand, +those who occupy themselves with criminal law represent the other +tendency, which manifests itself when acquainted with the news of this +crime. This is a limited portion of the public conscience, which tries +to study the problem from the standpoint of the technical jurist. The +lawyers, the judges, the officials of the police, ask themselves: What +is the name of the crime committed by that man under such circumstances? +Must it be classed us murder or patricide, attempted or incompleted +manslaughter, and, if directed against property, is it theft, or illegal +appropriation, or fraud? And the entire apparatus of practical criminal +justice forgets at once the first problem, which occupies the majority +of the public conscience, the question of the causes that led to this +crime, in order to devote itself exclusively to the technical side of +the problem which constitutes the juridical anatomy of the inhuman and +antisocial deed perpetrated by the criminal. + +In these two tendencies you have a photographic reproduction of the two +schools of criminology. The classic school, which looks upon the crime +as a juridical problem, occupies itself with its name, its definition, +its juridical analysis, leaves the personality of the criminal in the +background and remembers it only so far as exceptional circumstances +explicitly stated in the law books refer to it: whether he is a minor, a +deaf-mute, whether it is a case of insanity, whether he was drunk at the +time the crime was committed. Only in these strictly defined cases does +the classic school occupy itself theoretically with the personality of +the criminal. But ninety times in one hundred these exceptional +circumstances do not exist or cannot be shown to exist, and penal +justice limits itself to the technical definition of the fact. But when +the case comes up in the criminal court, or before the jurors, practice +demonstrates that there is seldom a discussion between the lawyers of +the defense and the judges for the purpose of ascertaining the most +exact definition of the fact, of determining whether it is a case of +attempted or merely projected crime, of finding out whether there are +any of the juridical elements defined in this or that article of the +code. The judge is rather face to face with the problem of ascertaining +why, under what conditions, for what reasons, the man has committed the +crime. This is the supreme and simple human problem. But hitherto it has +been left to a more or less perspicacious, more or less gifted, +empiricism, and there have been no scientific standards, no methodical +collection of facts, no observations and conclusions, save those of the +positive school of criminology. This school alone makes an attempt to +solve in every case of crime the problem of its natural origin, of the +reasons and conditions that induced a man to commit such and such a +crime. + +For instance, about 3,000 cases of manslaughter are registered every +year in Italy. Now, open any work inspired by the classic school of +criminology, and ask the author why 3,000 men are the victims of +manslaughter every year in Italy, and how it is that there are not +sometimes only as many as, say, 300 cases, the number committed in +England, which has nearly the same number of inhabitants as Italy; and +how it is that there are not sometimes 300,000 such cases in Italy +instead of 3,000? + +It is useless to open any work of classical criminology for this +purpose, for you will not find an answer to these questions in than. No +one, from Beccaria to Carrara, has ever thought of this problem, and +they could not have asked it, considering their point of departure and +their method. In fact, the classic criminologists accept the phenomenon +of criminality as an accomplished fact. They analyze it from the point +of view of the technical jurist, without asking how this criminal fact +may have been produced, and why it repeats itself in greater or smaller +numbers from year to year, in every country. The theory of a free will, +which is their foundation, excludes the possibility of this scientific +question, for according to it the crime is the product of the fiat of +the human will. And if that is admitted as a fact, there is nothing left +to account for. The manslaughter was committed, because the criminal +wanted to commit it; and that is all there is to it. Once the theory of +a free will is accepted as a fact, the deed depends on the fiat, the +voluntary determination, of the criminal, and all is said. + +But if, on the other hand, the positive school of criminology denies, on +the ground of researches in scientific physiological psychology, that +the human will is free and does not admit that one is a criminal because +he wants to be, but declares that a man commits this or that crime only +when he lives in definitely determined conditions of personality and +environment which induce him necessarily to act in a certain way, then +alone does the problem of the origin of criminality begin to be +submitted to a preliminary analysis, and then alone does criminal law +step out of the narrow and arid limits of technical jurisprudence and +become a true social and human science in the highest and noblest +meaning of the word. It is vain to insist with such stubbornness as that +of the classic school of criminology on juristic formulas by which the +distinction between illegal appropriation and theft, between fraud and +other forms of crime against property, and so forth, is determined, when +this method does not give to society one single word which would throw +light upon the reasons that make a man a criminal and upon the +efficacious remedy by which society could protect itself against +criminality. + +It is true that the classic school of criminology has likewise its +remedy against crime--namely, punishment. But this is the only remedy of +that school, and in all the legislation inspired by the theories of that +school in all the countries of the civilized world there is no other +remedy against crime but repression. + +But Bentham has said: Every time that punishment is inflicted it proves +its inefficacy, for it did not prevent the committal of that crime. +Therefore, this remedy is worthless. And a deeper study of the cause of +crime demonstrates that if a man does not commit a certain crime, this +is due to entirely different reasons, than a fear of the penalty, very +strong and fundamental reasons which are not to be found in the threats +of legislators. These threats, if nevertheless carried out by police and +prison keepers, run counter to those conditions. A man who intends to +commit a crime, or who is carried away by a violent passion, by a +psychological hurricane which drowns his moral sense, is not checked by +threats of punishment, because the volcanic eruption of passion prevents +him from reflecting. Or he may decide to commit a crime after due +premeditation and preparation, and in that case the penalty is +powerless to check him, because he hopes to escape with impunity. All +criminals will tell you unanimously that the only thing which impelled +them when they were deliberating a crime was the expectation that they +would go scot free. If they had but the least suspicion that they might +be detected and punished they would not have committed the crime. The +only exception is the case in which a crime is the result of a mental +explosion caused by a violent outburst of passion. And if you wish to +have a very convincing illustration of the psychological inefficacy of +legal threats, you have but to think of that curious crime which has now +assumed a frequency never known to former centuries, namely the making +of counterfeit money. For since paper money--from want or for reasons of +expediency--has become a substitute of metal coin in the civilized +countries, the making of counterfeit paper money has become very +frequent in the nineteenth century. Now a counterfeiter, in committing +his crime, must compel his mind to imitate closely the inscription of +the bill, letter for letter, including that threatening passage, which +says: _"The law punishes counterfeiting_ ..." etc. Can you see before +your mind's eye a counterfeiter, in the act of engraving on the stone or +the others may ignore the penalty that awaits them, but he cannot. This +illustration is convincing, for in cases of other crimes one may always +assume that the criminal acted without thinking of the future, even when +he was not in a transport of passion. But in the case of the +counterfeiter the very act of committing the crime reminds him of the +threat of the law, and yet he is imperturbable while perpetrating it. + +Crime has its natural causes, which lie outside of that mathematical +point called the free will of the criminal. Aside from being a juridical +phenomenon, which it would be well to examine by itself, every crime is +above all a natural and social phenomenon, and should be studied +primarily as such. We need not go through so hard a course of study +merely for the purpose of walking over the razor edge of juristic +definitions and to find out, for instance, that from the time Romagnosi +made a distinction between incompleted and attempted crime rivers of ink +have been spilled in the attempt to find the distinguishing elements of +these two degrees of crime. And finally, when the German legislator +concluded to make no distinction between incompleted and attempted crime +and to recognize only the completed crime in his code of 1871, we +witnessed the spectacle of Carrara praising that legislator for leaving +that subtile distinction out of his code. A strange conclusion on the +part of a science, which cudgels its brains for a century to find the +marks of distinction between attempted and incompleted crime, and then +praises the legislator for ignoring it. And another classic jurist, +Buccellati, proposed to do away with the theory of attempted crime by +simply defining it as a crime by itself, or as--a violation of police +laws! A science which comes to such conclusions is a science which moves +in metaphysical abstractions, and we shall see that all these finespun +questions which abound in classical science lose all practical value +before the necessity of saving society from the plague of crime. + +The method which we, on the other hand, have inaugurated is the +following: Before we study crime from the point of view of a juristic +phenomenon, we must study the causes to which the annual recurrence of +crimes in all countries is due. These are natural causes, which I have +classified under the three heads of anthropological, telluric and +social. Every crime, from the smallest to the most atrocious, is the +result of the interaction of these three causes, the anthropological +condition of the criminal, the telluric environment in which he is +living, and the social environment in which he is born, living and +operating. It is a vain beginning to separate the meshes of this net of +criminality. There are still those who would maintain the one-sided +standpoint that the origin of crime may be traced to only one of these +elements, for instance, to the social element alone. So far as I am +concerned, I have combatted this opinion from the very inauguration of +the positive school of criminology, and I combat it today. It is +certainly easy enough to think that the entire origin of all crime is +due to the unfavorable social conditions in which the criminal lives. +But an objective, methodical, observation demonstrates that social +conditions alone do not suffice to explain the origin of criminality, +although it is true that the prevalence of the influence of social +conditions is an incontestable fact in the case of the greater number +of crimes, especially of the lesser ones. But there are crimes which +cannot be explained by the influence of social conditions alone. If you +regard the general condition of misery as the sole source of +criminality, then you cannot get around the difficulty that out of one +thousand individuals living in misery from the day of their birth to +that of their death only one hundred or two hundred become criminals, +while the other nine hundred or eight hundred either sink into +biological weakness, or become harmless maniacs, or commit suicide +without perpetrating any crime. If poverty were the sole determining +cause, one thousand out of one thousand poor ought to become criminals. +If only two hundred become criminals, while one hundred commit suicide, +one hundred end as maniacs, and the other six hundred remain honest in +their social condition, then poverty alone is not sufficient to explain +criminality. We must add the anthropological and telluric factor. Only +by means of these three elements of natural influence can criminality be +explained. Of course, the influence of either the anthropological or +telluric or social element varies from case to case. If you have a case +of simple theft, you may have a far greater influence of the social +factor than of the anthropological factor. On the other hand, if you +have a case of murder, the anthropological element will have a far +greater influence than the social. And so on in every case of crime, and +every individual that you will have to judge on the bench of the +criminal. + +The anthropological factor. It is precisely here that the genius of +Cesare Lombroso established a new science, because in his search after +the causes of crime he studied the anthropological condition of the +criminal. This condition concerns not only the organic and anatomical +constitution, but also the psychological, it represents the organic and +psychological personality of the criminal. Every one of us inherits at +birth, and personifies in life, a certain organic and psychological +combination. This constitutes the individual factor of human activity, +which either remains normal through life, or becomes criminal or insane. +The anthropological factor, then, must not be restricted, as some laymen +would restrict it, to the study of the form of the skull or the bones +of the criminal. Lombroso had to begin his studies with the anatomical +conditions of the criminal, because the skulls may be studied most +easily in the museums. But he continued by also studying the brain and +the other physiological conditions of the individual, the state of +sensibility, and the circulation of matter. And this entire series of +studies is but a necessary scientific introduction to the study of the +psychology of the criminal, which is precisely the one problem that is +of direct and immediate importance. It is this problem which the lawyer +and the public prosecutor should solve before discussing the juridical +aspect of any crime, for this reveals the causes which induced the +criminal to commit a crime. At present there is no methodical standard +for a psychological investigation, although such an investigation was +introduced into the scope of classic penal law. But for this reason the +results of the positive school penetrate into the lecture rooms of the +universities of jurisprudence, whenever a law is required for the +judicial arraignment of the criminal as a living and feeling human +being. And even though the positive school is not mentioned, all profess +to be studying the material furnished by it, for instance, its analyses +of the sentiments of the criminal, his moral sense, his behavior before, +during and after the criminal act, the presence of remorse which people, +judging the criminal after their own feelings, always suppose the +criminal to feel, while, in fact, it is seldom present. This is the +anthropological factor, which may assume a pathological form, in which +case articles 46 and 47 of the penal code remember that there is such a +thing as the personality of the criminal. However, aside from insanity, +there are thousands of other organic and psychological conditions of the +personality of criminals, which a judge might perhaps lump together +under the name of extenuating circumstances, but which science desires +to have thoroughly investigated. This is not done today, and for this +reason the idea of extenuating circumstances constitutes a denial of +justice. + +This same anthropological factor also includes that which each one of us +has: the race character. Nowadays the influence of race on the destinies +of peoples and persons is much discussed in sociology, and there are +one-sided schools that pretend to solve the problems of history and +society by means of that racial influence alone, to which they attribute +an absolute importance. But while there are some who maintain that the +history of peoples is nothing but the exclusive product of racial +character, there are others who insist that the social conditions of +peoples and individuals are alone determining. The one is as much a +one-sided and incomplete theory as the other. The study of collective +society or of the single individual has resulted in the understanding +that the life of society and of the individual is always the product of +the inextricable net of the anthropological, telluric and social +elements. Hence the influence of the race cannot be ignored in the study +of nations and personalities, although it is not the exclusive factor +which would suffice to explain the criminality of a nation or an +individual. Study, for instance, manslaughter in Italy, and, although +you will find it difficult to isolate one of the factors of criminality +from the network of the other circumstances and conditions that produce +it, yet there are such eloquent instances of the influence of racial +character, that it would be like denying the existence of daylight if +one tried to ignore the influence of the ethnical factor on +criminality. + +In Italy there are two currents of criminality, two tendencies which are +almost diametrically opposed to one another. The crimes due to hot blood +and muscle grow in intensity from northern to southern Italy, while the +crimes against property increase from south to north. In northern Italy, +where movable property is more developed, the crime of theft assumes a +greater intensity, while crimes due to conditions of the blood are +decreasing on account of the lesser poverty and the resulting lesser +degeneration of the people. In the south, on the other hand, crimes +against property are less frequent and crimes of blood more frequent. +Still there also are in southern Italy certain cases where criminality +of the blood is less frequent, and you cannot explain this in any other +way than by the influence of racial character. If you take a +geographical map of manslaughter in Italy, you will see that from the +minimum, from Lombardy, Piedmont, and Venice, the intensity increases +until it reaches its maximum in the insular and peninsular extreme of +the south. But even there you will find certain cases in which +manslaughter shows a lesser intensity. + +For instance, the province of Benevent is surrounded by other provinces +which show a maximum of crimes due to conditions of blood, while it +registers a smaller number. Naples, again, shows a considerably smaller +number of such cases than the provinces surrounding it, but it has a +greater number of unpremeditated cases of manslaughter. Messina, Catania +and Syracuse have a remarkably smaller number of blood crimes than +Trapani, Girgenti and Palermo. It has been attempted to claim that this +difference in criminality is due to social condition's, because the +agricultural conditions in eastern Sicily are less degrading than those +of Girgenti and Trapani, where the sulphur mines compel the miners to +live miserably. But we should like to ask the following question in +opposition to this idea: Why and in what respect are the agricultural +conditions in some provinces better than in others? This condition is +merely itself a result, not a cause of the first degree. + +Since the theory of historical materialism, which I prefer to call +economic determinism, has demonstrated that political, moral and +intellectual phenomena are reactions on the economic conditions of any +time and place, the attempt has been made to interpret this theory very +narrowly and to pretend that the economic condition of a nation is a +primary cause and not determined by any other. For my part, ever since I +have demonstrated the perfect accord between the Marxian and the +Darwinian theories, I have said: Very well, the economic conditions of a +nation explain its political, moral, intellectual conditions, but the +economic condition is in its turn the result of other factors. For +instance, how can the industrialism of England in the nineteenth century +be explained? Take away the coal mines (the telluric environment), and +you could not have the economic conditions of England as they are. For +the economic conditions are a result of favorable or unfavorable +telluric conditions which are acted upon by the intelligence and energy +of a certain race. Catania, Messina, Syracuse, are in a better economic +condition, because they have better geographical conditions and a +different race (of Grecian blood) than the other Sicilian provinces. So +it is in Apulia and Naples, which have likewise a considerable mixture +of Grecian blood. The northern tourists are still attracted by our art +and visit the ruins of Taormina or Pesto, which are the relics of the +Grecian race. And it is the Grecian blood which explains the lesser +frequency of bloody crimes in those provinces. This is therefore +evidently the influence of the race. And I maintain that the same fact +is due in the province of Benevent to the admixture of Langobardian +blood. For the Duchy of Benevent has had an influx of Langobardian +elements since the seventh century. And as we know that the German and +Anglo-Saxon race has the smallest tendency towards bloody crimes, the +beneficial influence of this racial character in Benevent explains +itself. On the other hand, there is much Saracen blood in the western +and southern provinces of Sicily, and this explains the greater number +of bloody crimes there. It is evident that the organic character of the +inhabitants of that island, where you may still see the brutal and +barbarian features of the Saracen by the side of those of the blond, +cool and quiet Norman, contains a transfusion of the blood of diverse +races. But it is also true that wherever a certain race has been +predominant, there its influence is left behind in the individual and +collective life. + +Let this be enough so far as the anthropological factor of criminality +is concerned. There are, furthermore, the telluric factors, that is to +say, the physical environment in which we live and to which we pay no +attention. It requires much philosophy, said Rousseau, to note the +things with which we are in daily contact, because the habitual +influence of a thing makes it more difficult to be aware of it. This +applies also to the immediate influence of the physical conditions on +human morality, notwithstanding the spiritualist prejudices which still +weigh upon our daily lives. For instance, if it is claimed in the name +of supernaturalism and psychism that a man is unhappy because he is +vicious, it is equivalent to making a one-sided statement. For it is +just as true to say that a man becomes vicious because he is unhappy. +Want is the strongest poison for the human body and soul. It is the +fountain head of all inhuman and antisocial feeling. Where want spreads +out its wings, there the sentiments of love, of affection, of +brotherhood, are impossible. + +Take a look at the figures of the peasant in the far-off arid Campagna, +the little government employee, the laborer, the little shop-keeper. +When work is assured, when living is certain, though poor, then want, +cruel want, is in the distance, and every good sentiment can germinate +and develop in the human heart. The family then lives in a favorable +environment, the parents agree, the children are affectionate. And when +the laborer, a bronzed statue of humanity, returns from, his smoky shop +and meets his white-haired mother, the embodiment of half a century of +immaculate virtue and heroic sacrifices, then he can, tired, but assured +of his daily bread, give room to feelings of affection, and he will +cordially invite his mother to share his frugal meal. But let the same +man, in the same environment, be haunted by the spectre of want and lack +of employment, and you will see the moral atmosphere in his family +changing as from day into night. There is no work, and the laborer comes +home without any wages. The wife, who does not know how to feed the +children, reproaches her husband with the suffering of his family. The +man, having been turned away from the doors of ten offices, feels his +dignity as an honest laborer assailed in the very bosom of his own +family, because he has vainly asked society for honest employment. And +the bonds of affection and union are loosened in that family. Its +members no longer agree. There are too many children, and when the poor +old mother approaches her son, she reads in his dark and agitated mien +the lack of tenderness and feels in her mother heart that her boy, +poisoned by the spectre of want, is perhaps casting evil looks at her +and harboring the unfilial thought: "Better an open grave in the +cemetery than one mouth more to feed at home!" + +It is true, that want alone is not sufficient to prepare the soil in the +environment of that suffering family for the roots of real crime and to +develop it. Want will weaken the love and mutual respect among the +members of that family, but it will not be strong enough alone to arm +the hands of the man for a matricidal deed, unless he should get into a +pathological mental condition, which is very exceptional and rare. But +the conclusions of the positive school are confirmed in this case as in +any other. In order that crime may develop, it is necessary that +anthropological, social and telluric factors should act together. + +We generally forget the conditions of the physical environment in which +we live, because supernatural prejudice tells us that the body is a +beast which we must forget in order to elevate ourselves into a +spiritual life. Manzoni could designate the Middle Ages by the term +"dirty." because they neglected the demands of elementary hygiene, and +thus of human morality. For where the requirements of our physical body +are neglected or offended, there no flower can bloom. The telluric +environment has a great influence on our physical activity, by way of +our nervous system. We feel differently disposed, according to whether a +south or a north wind blows. When Garibaldi was on the Pampas, he +observed that his companions were irascible and prone to violent +quarrels, when the Pampero blew, and that their behavior changed, when +this wind ceased. The great founders of criminal statistics, Quetelet +and Guerry, observed that the change of seasons carried with it a change +in criminality. Sexual crimes are less frequent in winter than in spring +and summer. And with reference to this point I have maintained, and +still maintain, that it is due to the combined effects of temperature +and social conditions, if crimes against property increase in winter. +For lack of employment, the want of food and shelter, intensify the +misery and lead to attacks on property. On the other hand, the cold by +itself reduces sexual crimes and personal assaults. And those who claim +that the longer intercourse between people in summer time has also a +social influence, are also partly in the right. + +The most eloquent fact in this respect was mentioned by Murro, when he +pointed out that this change in the frequency of bloody crimes, greater +in the warm months than in winter, applied also to prisoners. Statistics +show that breach of discipline is most frequent in hot seasons. The +social factor does not enter there, because the social life is there the +same in winter and in summer. This is, therefore, a practical proof of +the influence of climate, and it is re-enforced by the fact that +delirium and epilepsy in insane asylums are also more frequent in hot +than in cold months. The influence of the telluric factors, then, cannot +be denied, and the influence of the social factor intensifies it, as I +have already shown by its most drastic and characteristic example, that +of want. One can, therefore, understand that a man, whose morality has +been shaken by the pressure of increasing want, may be led to commit a +crime against property or persons. + +It is certainly quite evident, that economic misery has an undeniable +influence on criminality. And if you consider, that about 300,000 +criminals are sentenced in Italy every year, 180,000 of them for minor +crimes, and 120,000 for crimes which belong to the gravest class, you +can easily see that the greater part of them due mainly to social +conditions, for which it should not be so very difficult to find a +remedy. The work of the legislator may be slow, difficult, and +inadequate, so far as the telluric and anthropological factors are +concerned. But it could surely be rapid, efficacious and prompt, so far +as the social factors influencing criminality are concerned. + +We have now demonstrated that crime has its natural source in the +combined interaction of three classes of causes, the anthropological +(organic and psychological) factor, the telluric factor, and the social +factor. And by this last factor we must not only mean want, but any +other condition of administrative instability in political, moral, and +intellectual life. Every social condition which makes the life of man in +society insincere and imperfect is a social factor contributing towards +criminality. The economic factor is in evidence in our civilization +wherever the law of free competition, which is but a form of disguised +cannibalism, establishes the rule: _Your death is my life_. The +competition of laborers for a limited number of places is equivalent to +saying that those who secure a living do so at the expense of those who +do not. And this is a disguised form of cannibalism. While it does not +devour the competitor as primitive mankind did, it paralyzes him by +calumnies, recommendations, protection, money, which, secure the place +for the best bargainer and leave the most honest, talented, and +self-respecting to the pangs of starvation. + +Moreover, the economic factor exerts its crime-breeding influence also +under the form of a superabundance of wealth. Indeed, in our present +society, which is in the downward stage of transition from glorious +bourgeois civilization, which constituted a golden page of human +history in the 19th century, wealth itself is a source of crime. For the +rich, who do not enjoy the advantage of manual or intellectual work, +suffer from the corruption of leisure and vice. Gambling throws them +into an unhealthy fever; the struggle and race for money poison their +daily lives. And although the rich may keep out of reach of the penal +code, still they have condemned themselves to a life devoted to +hypocritical ceremonies, which are devoid of moral sentiment. And this +life leads them to a sportive form of criminality. To cheat at gambling +is the inevitable fate of these parasites. In order to kill time they +give themselves up to games of chance, and those who do not care for +that devote themselves to the sport of adultery, which in that class is +a pastime even among the best friends, on account of sheer mental +poverty. And all because man's mind unoccupied is the devil's own forge, +as the English poet says. + +We have now surveyed briefly the natural genesis of crime, as a natural +social phenomenon, brought about by the interaction of anthropological, +telluric, and social influences, which in any determined moment act +upon a personality standing on the cross road of vice and virtue, crime +and honesty. This scientific deduction gives rise to a series of +investigations which satisfy the mind and supply it with a real +understanding of things, far better than the theory that a man is a +criminal because he wants to be. No, a man commits crime because he +finds himself in certain physical and social conditions, from which the +evil plant of crime takes life and strength. Thus we obtain the origin +of that sad human figure which is the product of the interaction of +those factors, an abnormal man, a man not adapted to the conditions of +the social environment in which he is born, so that emigration becomes +an ever more permanent phenomenon for the greater portion of men, for +whom the accident of birth will less and less determine the course of +their future life. And the abnormal man who is below the minimum of +adaptability to social life and bears the marks of organic degeneration, +develops either a passive or an aggressive form of abnormality and +becomes a criminal. + +Among these abnormal human beings, two groups must be particularly +distinguished. Limiting our observations to those who are true +aggressively antisocial abnormals, that is to say, who are not adapted +to a certain social order and attack it by crimes, we must distinguish +those who for egoistic or ferocious reasons attack society by atavistic +forms of the struggle for existence by committing socalled common crimes +in the shape of fraud or violence, thereby opposing or abolishing +conditions in which their fellow beings may live. This is the atavistic +type of criminals which represents an involutionary, or retrogressive, +form of abnormality, due to an arrested development or an atavistic +reversion to a savage and primitive type. These constitute the majority +in the world of criminals and must be distinguished from the minority, +who are evolutionary, or progressive, abnormals, that may also commit +crime in a violent form, but must not be confounded with the others, +because they do not act from egoistic motives, but rebel from altruistic +motives against the injustice of the present order. These altruistic +criminals feel the sufferings and horrors due to the injustice +surrounding them and may go so far as to commit murder, which must +always be condemned, but which must not be confounded with atavistic or +egoistic murder. Recourse to personal violence is always objectionable +from the point of view of higher manhood, which desires that human life +should always be held in respect. But the reasons for such a crime are +different, being egoistic in the one, and altruistic in the other case. +The evolutionary abnormal is often an instrument of human progress, not +in the form of criminality, but in that of intellectual and moral +rebellion against conditions which are sanctioned by laws that +frequently punish such an evolutionary rebellion harder than atavistic +crime, as they do in Russia, where capital punishment has been abolished +for common crimes, but retained for political violations of the law! We +are living in an epoch of transition from the old to the new, and +contemporaneous humanity has an uneasy moral conscience in this critical +time. The ruling classes are losing their clearness of vision, so that +they promise monuments to those political murderers who promoted their +own historical victories, but would condemn like any common criminal him +who now devotes his soul to a revolutionary ideal, would throw into +prison the pioneer of new human ideals, just as Russia is +excommunicating the rebel Tolstoi. I mention Leo Tolstoi advisedly for +the purpose of giving a precise illustration of my heterodox thought in +reference to this question. We are opposed to any form of personal +violence (with the sole exception of self-defense), we cannot approve of +any form of personal assault, no matter what may be its motive. +Therefore we cannot have words of praise or excuse for political murder, +though it may be inspired by altruistic motives. We can demand that the +legislator should distinguish between the psychological sources of these +two forms of murder, the egoistic and the altruistic form. But we +condemn them both, because they are inhuman forms of violence. Ideas do +not make victorious headway by force of arms. Ideas must be combatted by +ideas, and it is only by the propaganda of the idea that we can prepare +humanity for its future. Violence is always a means of preventing the +sincere and fruitful diffusion of an idea. We do not say this merely for +the abnormals of the lower classes. We refer with scientific serenity +also to the upper classes, who would suppress by violence every +manifestation of revolt against the social iniquities, every affirmation +of faith in a better future. + +This is the conception of our science, which thus succeeds in +distinguishing traits of character even among the unlucky and forlorn +people of the criminal world, while the classic school of criminology +regards a criminal as a sort of abstract and normal man, with the +exception of cases of minors, deaf mutes, inebriates, and maniacs. + +In fact, the classic school of criminology regards all thieves as THE +thief, all murderers as THE murderer, and the human shape disappears in +the mind of the legislator, while it re-appears before the judge. Before +the essayist and legislator, the criminal is a sort of moving dummy, on +whose hack the judge may paste an article of the penal code. If you +leave out of consideration the established cases of exceptional and rare +human psychology mentioned in the penal code, all other cases serve the +judge merely as an excuse to select from the criminal code the number of +that article which will fit the criminal dummy, and if he should paste +404 instead of 407 on its back, the court of appeals would resist, any +change of numbers. And if this dummy came to life and said: "The +question of my number may be very important for you, but if you would +study all the conditions that compelled me to take other people's +things, you would realize that this importance is very diagrammatic," +the judge would answer: "That's all right for the justice of the future, +but it isn't now. You are number 404 of the criminal code, and after +leaving this court room with this number pasted legally on your back, +you will receive another number, for you will enter prison as number 404 +and will exchange it for entry number 1525, or some other, because your +personality as a man disappears entirely before the enactment of social +justice!" And then it is pretended that this man, whose personality is +thus absurdly ignored, should leave prison cured of all degeneration, +and if he falls back into the path of thorns of his misery and commits +another crime, the judge simply pastes another article over the other, +by adding number 80 or 81, which refer to cases of relapse, to number +404! + +In this way the classic school of criminology came to its unit of +punishment, which it heralded as its great progress. In the Middle +Ages, the diversity of punishment was greater. But in the 19th century +the classic school of criminology combatted dishonoring punishment, +corporeal punishment, confiscation, professional punishment, capital +punishment, with its ideal of one sole penalty, the only panacea for +crime and criminals, _prison_. + +We have, indeed, prohibitory measures and fines even today. But in +substance the whole punitive armory is reduced to imprisonment, since +fines are likewise convertible into so many days or months of +imprisonment. Solitary confinement is the ideal of the classic school of +criminology. But experience proves that this penalty has as much effect +on the disease of criminality, as the remedy of a physician would have, +who would sit in the door of a hospital and tell every patient seeking +relief: "Whatever may be your disease, I have only one medicine and that +is a decoction of rhubarb. You have heart trouble? Well, then, the +problem for me is simply--how big a dose of rhubarb decoction shall I +give you?" + +And measuring doses of penalty is the foundation of the criminal code. +That is so true that this code is in its last analysis but a table of +criminal logarithms for figuring out penalties. Woe to the judge who +makes a mistake in sentencing a 19 year old offender who was drunk when +he sinned, but had premeditated his deed. Woe to the judge, if he misses +his calculation in adding or subtracting the third, or sixth, or one +half, corresponding to the prescribed extenuating or aggravating +circumstances! If he makes a miscalculation, the court of appeals is +invoked by the defendant, and the inexorable court of appeals tells the +judge: "Figure this over again. You have been unjust." The only question +for the judge is this: Add your sums and subtract your deductions, and +the prisoner is sentenced to one year, seven months, and thirteen days. +Not one day more or less! But the human spectator asks: "If the criminal +should happen to be reformed before the expiration of his term, should +he be retained in prison?" The judge replies: "I don't care, he stays in +one year, seven months, and thirteen days!" + +Then the human spectator says: "But suppose the criminal should not yet +be fit for human society at the expiration of his term?" The judge +replies: "At the expiration of his term he leaves prison, for when he +has absolved his last day, he has paid his debt!" + +This is the same case as that of the imaginary physician who says: "You +have heart trouble? Then take a quart of rhubarb decoction and stay +twelve days in the hospital." Another patient says: "I have broken my +leg." And the doctor: "All right, take a pint of rhubarb decoction and +17 days in the hospital." A third has inflammation of the lungs, and the +doctor prescribes three quarts of rhubarb decoction and three months in +the hospital. "But if my inflammation is cured before that time?" "No +matter," says the doctor, "you stay in three months." "But if I am not +cured of my lung trouble after three months?" "No matter," says the +doctor, "you leave after three months." + +To such results have wise men been led by a system of penal justice, +which is a denial of all elementary common sense. They have forgotten +the personality of the criminal and occupied themselves exclusively with +crime as an abstract juristic phenomenon. In the same manner, the old +style medicine occupied itself with disease as such, as an abstract +pathological phenomenon, without taking into account the personality of +the patient. The ancient physicians did not consider whether a patient +was well or ill nourished, young or old, strong or weak, nervous or +fullblooded. They cured fever as fever, pleurisy as pleurisy. Modern +medicine, on the other hand, declares that disease must be studied in +the living person of the patient. And the same disease may require +different treatment, if the condition of the patient is different. + +Criminal justice has taken the same historical course of development as +medicine. The classic school of criminology is still in the same stage, +in which medicine was before the middle of the 19th century. It deals +with theft, murder, fraud, as such. But that which claims so much of the +attention of society has been forgotten by the classic school. For that +school has forgotten to study the murderer, the thief, the forger, and +without that study their crimes cannot be understood. + +Crime is one of the conditions required for the study of the criminal. +But, the same crime may require the application of different remedies +to the personalities of different criminals, according to the different +anthropological and social conditions of the various criminals. There is +a fundamental distinction between the anthropological and social types +of criminals, whom I have divided into five categories, which are today +unanimously accepted by criminalist anthropologists, since the Geneva +congress offered an opportunity to explain the misapprehension which led +some foreign scientists to believe that the Italian school regarded one +of these types (the born criminal) merely as an organic anomaly. + +Just a word concerning each one of these five types. + +The _born criminal_ is a victim of that which I will call (seeing that +science has not yet solved this problem) criminal neurosis, which is +very analogous to epileptic neurosis, but which is not in itself +sufficient to make one a criminal. Our adversaries had the idea that the +mere possession of a crooked nose or a slanting skull stamped a man as +predisposed by birth to murder or theft. But a man may he a born +criminal, that is to say, he may have some congenital degeneration which +predisposes him toward crime, and yet he may die at the age of 80 +without having committed any crime, because he was fortunate enough to +live in an environment which did not offer him any temptation to commit +crime. Again, are not many predisposed toward insanity without ever +becoming insane? If the same individual were to live under unfavorable +conditions, without any education, if he were to find himself in +unhealthy telluric surroundings, in a mine, a rice field, or a miasmatic +swamp, he would become insane. But if instead of living in conditions +that condemn him to lunacy he were to be under no necessity to struggle +for his daily bread, if he could live in affluence, he might exhibit +some eccentricity of character, but would not cross the threshold of an +insane asylum. The same happens in the case of criminality. One may have +a congenital predisposition toward crime, but if he lives in favorable +surroundings, he will live to the end of his natural life without +violating any criminal or moral law. At any rate we must drop the +prejudice that only those are criminals on whose backs the judge has +pasted a number. For there are many scoundrels at large who commit crime +with impunity, or who brush the edge of the criminal law in the most +repulsive immorality without violating it. + +This misunderstanding was explained at the congress of Geneva by the +statement that the interaction of the social and telluric environment is +required also in the case of the born criminal. And now we may take it +for granted that my classification of five types is everywhere accepted. +These are the following: The _born criminal_ who has a congenital +predisposition for crime; the _insane criminal_ suffering from some +clinical form of mental alienation, and whom even our existing penal +code had to recognize; the _habitual criminal_, that is to say one who +has acquired the habit of crime mainly through the ineffective measures +employed by society for the prevention and repression of crime. A common +figure in our large industrial centers is that of the abandoned child +which has to go begging from its earliest youth in order to collect an +income for the enterprising boss or for its poor family, without an +opportunity to educate its moral sense in the filth of the streets. It +is punished for the first time by the law and sent to prison or to a +reformatory, where it is inevitably corrupted. Then, when such an +individual comes out of prison, he is stigmatized as a thief or forger, +watched by the police, and if he secures work in some shop, the owner is +indirectly induced to discharge him, so that he must inevitably fall +back upon crime. + +Thus one acquires crime as a habit, a product of social rottenness, due +to the ineffective measures for the prevention and repression of crime. +There is furthermore the _occasional criminal_, who commits very +insignificant criminal acts, more because he is led astray by his +conditions of life than because the aggressive energy of a degenerate +personality impels him. If he is not made worse by a prison life, he may +find an opportunity to return to a normal life in society. Finally there +is the _passionate criminal,_ who, like the insane criminal, has +received attention from the positive school of criminology; which, +however, did not come to any definite conclusions regarding him, such as +may be gathered by means of the experimental method through study in +prisons, insane asylums, or in freedom. The relations between passion +and crime have so far been studied on a field in which no solution was +possible. For the classic school considers such a crime according to +the greater or smaller intensity and violence of passion and comes to +the conclusion that the degree of responsibility decreases to the extent +that the intensity of a passion increases, and vice versa. The problem +cannot be solved in this way. There are passions which may rise to the +highest degree of intensity without reducing the responsibility. For +instance, is one who murders from motives of revenge a passionate +criminal who must be excused? + +The classic school of criminology says "No," and for my part I agree +with them. Francesco Carrara says: "There are blind passions, and others +which are reasonable. Blind passions deprive one of free will, +reasonable ones do not. Blind and excusable passions are fear, honor, +love, reasonable and inexcusable ones are hatred and revenge." But how +so? I have studied murderers who killed for revenge and who told me that +the desire for revenge took hold of them like a fever, so that they +"forgot even to eat." Hate and revenge can take possession of a man to +such an extent that he becomes blind with passion. The truth is that +passion must be considered not so far as its violence or quantity are +concerned, but rather as to its quality. We must distinguish between +social and anti-social passion, the one favoring the conditions of life +for the species and collectivity, the other antagonistic to the +development of the collectivity. In the first case, we have love, +injured honor, etc, which are passions normally useful to society, and +aberrations of which may be excused more or less according to individual +cases. On the other hand, we have inexcusable passions, because their +psychological tendency is to antagonize the development of society. They +are antisocial, and cannot be excused, and hate and revenge are among +them. + +The positive school therefore admits that a passion is excusable, when +the moral sense of a man is normal, when his past record is clear, and +when his crime is due to a social passion, which makes it excusable. + +We shall see tomorrow what remedies the positive school of criminology +proposes for each one of these categories of criminals, in distinction +from the measuring of doses of imprisonment advocated by the classic +school. + +We have thus exhausted in a short and general review the subject of the +natural origin of criminality.--To sum up, crime is a social +phenomenon, due to the interaction of anthropological, telluric, and +social factors. This law brings about what I have called criminal +saturation, which means that every society has the criminality which it +deserves, and which produces by means of its geographical and social +conditions such quantities and qualities of crime as correspond to the +development of each collective human group. + +Thus the old saying of Imetelet is confirmed: "There is an annual +balance of crime, which must be paid and settled with greater regularity +than the accounts of the national revenue." However, we positivists give +to this statement a less fatalistic interpretation, since we have +demonstrated that crime is not our immutable destiny, even though it is +a vain beginning to attempt to attenuate or eliminate crime by mere +schemes. The truth is that the balance of crime is determined by the +physical and social environment. But by changing the condition of the +social environment, which is most easily modified, the legislator may +alter the influence of the telluric environment and the organic and +psychic conditions of the population, control the greater portion of +crimes, and reduce them considerably. It is our firm conviction that a +truly civilized legislator can attenuate the plague of criminality, not +so much by means of the criminal code, as by means of remedies which are +latent in the remainder of the social life and of legislation. And the +experience of the most advanced countries confirms this by the +beneficent and preventive influence of criminal legislation resting on +efficacious social reforms. + +We arrive, then, at this scientific conclusion: In the society of the +future, the necessity for penal justice will be reduced to the extent +that social justice grows intensively and extensively. + + +III. + +In the preceding two lectures, I have given you a short review of the +new current in scientific thought, which studies the painful and +dangerous phenomena of criminality. We must now draw the logical +conclusions, in theory and practice, from the teachings of experimented +science, for the removal of the gangrenous plague of crime. Under the +influence of the positive methods of research, the old formula "Science +for science's sake" has given place to the new formula "Science for +life's sake." For it would be useless for the human mind to retreat into +the vault of philosophical concentration, if this intellectual mastery +did not produce as a counter-effect a beneficent wave of real +improvement in the destinies of the human race. + +What, then, has the civilized world to offer in the way of remedies +against criminality? The classic school of criminology, being unable to +locate in the course of its scientific and historical mission the +natural causes of crime, as I have shown in the preceding lectures, was +not in a position to deal in a comprehensive and far-seeing manner with +this problem of the remedy against criminality. Some of the classic +criminologists, such as Bentham, Romagnosi, or Ellero, with a more +positive bent of mind than others, may have given a little of their +scientific activity to the analysis of this problem, namely the +prevention of crime. But Ellero himself had to admit that "the classic +school of criminology has written volumes concerning the death penalty +and torture, but has produced but a few pages on the prevention of +criminality." The historical mission of that school consisted in a +reduction of punishment. For being born on the eve of the French +revolution in the name of individualism and natural rights, it was a +protest against the barbarian penalties of the Middle Ages. And thus the +practical and glorious result of the classic school was a propaganda for +the abolition of the most brutal penalties of the Middle Ages, such as +the death penalty, torture, mutilation. We in our turn now follow up the +practical and scientific mission of the classic school of criminology +with a still more noble and fruitful mission by adding to the problem of +the _diminution of penalties_ the problem of the _diminution of crimes_. +It is worth more to humanity to reduce the number of crimes than to +reduce the dread sufferings of criminal punishments, although even this +is a noble work, after the evil plant of crime has been permitted to +grow in the realm of life. Take, for instance, the philanthropic +awakening due to the Congress of Geneva in the matter of the Red Cross +Society, for the care, treatment and cure of the wounded in war. However +noble and praiseworthy this mission may be, it would be far nobler and +better to prevent war than to heal the mutilated and wounded. If the +same zeal and persistence, which have been expended in the work of the +Red Cross Society, had been devoted to the realization of international +brotherhood, the weary road of human progress would show far better +results. + +It is a noble mission to oppose the ferocious penalties of the Middle +Ages. But it is still nobler to forestall crime. The classic school of +criminology directed its attention merely to penalties, to repressive +measures after crime had been committed, with all its terrible moral +and material consequences. For in the classic school, the remedies +against criminality have not the social aim of improving human life, but +merely the illusory mission of retributive justice, meeting a moral +delinquency by a corresponding punishment in the shape of legal +sentences. This is the spirit which is still pervading criminal +legislation, although there is a sort of eclectic compromise between the +old and the new. The classic school of criminology has substituted for +the old absolutist conceptions of justice the eclectic theory that +absolute justice has the right to punish, but a right modified by the +interests of civilized life in present society. This is the point +discussed in Italy in the celebrated controversy between Pasquale +Stanislao Mancini and Terencio Mamiani, in 1847. This is in substance +the theory followed by the classic criminologists who revised the penal +code, which public opinion considers incapable of protecting society +against the dangers of crime. And we have but to look about us in the +realities of contemporaneous life in order to see that the criminal code +is far from being a remedy against crime, that it remedies nothing, +because either premeditation or passion in the person of the criminal +deprive the criminal law of all prohibitory power. The deceptive faith +in the efficacy of criminal law still lives in the public mind, because +every normal man feels that the thought of imprisonment would stand in +his way, if he contemplated tomorrow committing a theft, a rape, or a +murder. He feels the bridle of the social sense. And the criminal code +lends more strength to it and holds him back from criminal actions. But +even if the criminal code did not exist, he would not commit a crime, so +long as his physical and social environment would not urge him in that +direction. The criminal code serves only to isolate temporarily from +social intercourse those who are not considered worthy of it. And this +punishment prevents the criminal for a while from repeating his criminal +deed. But it is evident that the punishment is not imposed until after +the deed has been done. It is a remedy directed against effects, but it +does not touch the causes, the roots, of the evil. + +We may say that in social life penalties have the same relation to crime +that medicine has to disease. After a disease has developed in an +organism, we have recourse to a physician. But he cannot do anything +else but to reach the effects in some single individual. On the other +hand, if the individual and the collectivity had obeyed the rules of +preventive hygiene, the disease would have been avoided 90 times in 100, +and would have appeared only in extreme and exceptional cases, where a +wound or an organic condition break through the laws of health. Lack of +providence on the part of man, which is due to insufficient expression +of the forces of the intellect and pervades so large a part of human +life, is certainly to blame for the fact that mankind chooses to use +belated remedies rather than to observe the laws of health, which demand +a greater methodical control of one's actions and more foresight, +because the remedy must be applied before the disease becomes apparent. +I say occasionally that human society acts in the matter of criminality +with the same lack of forethought that most people do in the matter of +tooth-ache. How many individuals do not suffer from tooth-ache, +especially in the great cities? And yet any one convinced of the +miraculous power of hygiene could easily clean his teeth every day and +prevent the microbes of tooth rot from thriving, thereby saving his +teeth from harm and pain. But it is tedious to do this every day. It +implies a control of one's self. It cannot be done without the +scientific conviction that induces men to acquire this habit. Most +people say: "Oh well, if that tooth rots, I'll bear the pain." But when +the night comes in which they cannot sleep for toothache, they will +swear at themselves for not having taken precautions and will run to the +dentist, who in most cases cannot help them any more. + +The legislator should apply the rules of social hygiene in order to +reach the roots of criminality. But this would require that he should +bring his mind and will to bear daily on a legislative reform of +individual and social life, in the field of economics and morals as well +as in that of administration, politics, and intelligence. Instead of +that, the legislators permit the microbes of criminality to develop +their pathogenic powers in society. When crimes become manifest, the +legislator knows no other remedy but imprisonment in order to punish an +evil which he should have prevented. Unfortunately this scientific +conviction is not yet rooted and potent in the minds of the legislators +of most of the civilized countries, because they represent on an +average the backward scientific convictions of one or two previous +generations. The legislator who sits in parliament today was the +university student of 30 years ago. With a few very rare exceptions he +is supplied only with knowledge of outgrown scientific research. It is a +historical law that the work of the legislator is always behind the +science of his time. But nevertheless the scientist has the urgent duty +to spread the conviction that hygiene is worth as much on the field of +civilization as it is in medicine for the public health. + +This is the fundamental conviction at which the positive school arrives: +That which has happened in medicine will happen in criminology. The +great value of practical hygiene, especially of social hygiene, which is +greater than that of individual hygiene, has been recognized after the +marvelous scientific discoveries concerning the origin and primitive +causes of the most dangerous diseases. So long as Pasteur and his +disciples had not given to the world their discovery of the pathogenic +microbes of all infectious diseases, such as typhoid fever, cholera, +diphtheria, tuberculosis, etc, more or less absurd remedies were +demanded of the science of medicine. I remember, for instance, that I +was compelled in my youth, during an epidemic of cholera, to stay in a +closed room, in which fumigation was carried on with substances +irritating the bronchial tubes and lungs without killing the cholera +microbes, as was proved later on. It was not until the real causes of +those infectious diseases were discovered, that efficient remedies could +be employed against them. An aqueduct given to a center of population +like Naples is a better protection against cholera than drugs, even +after the disease has taken root in the midst of the people of Naples. +This is the modern lesson which we wish to teach in the field of +criminology, a field which will always retain its repressive functions +as an exceptional and ultimate refuge, because we do not believe that we +shall succeed in eliminating all forms of criminality. Hence, if a crime +manifests itself, repression may be employed as one of the remedies of +criminology, but it should be the very last, not the exclusively +dominating one, as it is today. + +It is this blind worship of punishment which is to blame for the +spectacle which we witness in every modern country, the spectacle that +the legislators neglect the rules of social hygiene and wake up with a +start when some form of crime becomes acute, and that they know of no +better remedy than an intensification of punishment meeted out by the +penal code. If one year of imprisonment is not enough, we'll make it ten +years, and if an aggravation of the ordinary penalty is not enough, +we'll pass a law of exception. It is always the blind trust in +punishment which remains the only remedy of the public conscience and +which always works to the detriment of morality and material welfare, +because it does not save the society of honest people and strikes +without curing those who have fallen a prey to guilt and crime. + +The positive school of criminology, then, aside from the greater value +attributed to daily and systematic measures of social hygiene for the +prevention of criminality, comes to radically different conclusions also +in the matter of repressive justice. The classic school has for a +cardinal remedy against crime a preference for one kind of punishment, +namely imprisonment, and gives fixed and prescribed doses of this +remedy. It is the logical conclusion of retributive justice that it +travels by way of an illusory purification from moral guilt to the legal +responsibility of the criminal and thence on to a corresponding dose of +punishment, which has been previously prescribed and fixed. + +We, on the other hand, hold that even the surviving form of repression, +which will be inevitable in spite of the application of the rules of +social prevention, should be widely different, on account of the +different conception which we have of crime and of penal justice. + +In the majority of cases composed of minor crimes committed by people +belonging to the most numerous and least dangerous class of occasional +or passionate criminals, the only form of civil repression will be _the +compensation of the victim for his loss_. According to us, this should +he the only form of penalty imposed in the majority of minor crimes +committed by people who are not dangerous. In the present practice of +justice the compensation of the victim for his loss has become a +laughing stock, because this victim is systematically forgotten. The +whole attention of the classic school has been concentrated on the +juridical entity of the crime. The victim of the crime has been +forgotten, although this victim deserves philanthropic sympathy more +than the criminal who has done the harm. It is true, every, judge adds +to the sentence the formula that the criminal is responsible for the +injury and the costs to another authority. But the process of law puts +off this compensation to an indefinite time, and if the victim succeeds +a few years after the passing of the sentence in getting any action on +the matter, the criminal has in the meantime had a thousand legal +subterfuges to get away with his spoils. And thus the law itself becomes +the breeding ground of personal revenge, for Filangieri says aptly that +an innocent man grasps the dagger of the murderer, when the sword of +justice does not defend him. + +Let us say at this point that the rigid application of compensation for +damages should never be displaced by imprisonment, because this would be +equivalent to sanctioning a real class distinction, for the rich can +laugh at damages, while the proletarian would have to make good a +sentence of 1000 lire by 100 days in prison, and in the meantime the +innocent family that tearfully waits for him outside, would be plunged +into desperate straits. Compensation for damages should never take +place in any other way than by means of the labor of the prisoner to an +extent satisfactory to the family of the injured. It has been attempted +to place this in an eclectic way on our law books, but this proposition +remains a dead letter and is not applied in Italy, because a stroke of +legislator's pen is not enough to change the fate of an entire nation. + +These practical and efficient measures would be taken in the case of +lesser criminals. For the graver crimes committed by atavistic or +congenital criminals, of by persons inclining toward crime from acquired +habit or mental alienation, the positive school of criminology reserves +segregation for an indefinite time, for it is absurd to fix the time +beforehand in the case of a dangerous degenerate who has committed a +grave crime. + +The question of indeterminate sentences has been recently discussed also +by Pessina, who combats it, of course, because the essence of the +classic school of criminology is retribution for a fault by means of +corresponding punishment. We might reply that no human judge can use any +other but the grossest scale by which to determine whether you are +responsible to the extent of the whole, one half, or one third. And +since there is no absolute or objective criterion by which the ratio of +crime to punishment can be determined, penal justice becomes a game of +chance. But we content ourselves by pointing out that segregation for an +indefinite time has so much truth in it, that even the most orthodox of +the classic school admit it, for instance in the case of criminals under +age. Now, if an indeterminate sentence is a violation of the principles +of the classic school, I cannot understand why it can be admitted in the +case of minors, but not in the case of adults. This is evidently an +expedient imposed by the exigencies of practical life, and only the +positive school of criminology can meet them by a logical +systematization. For the rest, indefinite segregation, such as we +propose for the most dangerous atavistic criminals, is a measure which +is already in use for ordinary lunatics as well us for criminal +lunatics. But it may be said that this is an administrative measure, not +a court sentence. Well, if any one is so fond of formulas as to make +this objection, he may get all the fun out of them that he likes. But it +is a fact that an insane person who has committed a crime is sent to a +building with iron bars on its gates such as a prison has. You may call +it an administrative building or a penal institute, the name is +unessential, for the substance alone counts. We maintain that congenital +or pathological criminals cannot be locked up for a definite term in any +institution, but should remain there until they are adapted for the +normal life of society. + +This radical reform of principles carries with it a radical +transformation of details. Given an indeterminate segregation, there +should be organs of guardianship for persons so secluded, for instance +permanent committees for the periodical revision of sentences. In the +future, the criminal judge will always secure ample evidence to prove +whether a defendant is really guilty, for this is the fundamental point. +If it is certain that he has committed the crime, he should either be +excluded from social intercourse or sentenced to mate good the damage, +provided the criminal is not dangerous and the crime not grave. It is +absurd to sentence a man to five or six days imprisonment for some +insignificant misdemeanor. You lower him in the eyes of the public, +subject him to surveillance by the police, and send him to prison from +whence he will go out more corrupted than he was on entering it. It is +absurd to impose segregation in prison for small errors. Compensation +for injuries is enough. For the segregation of the graver criminals, the +management must be as scientific as it is now in insane asylums. It is +absurd to place an old pensioned soldier or a hardened bureaucrat at the +head of a penal institution. It is enough to visit one of those +compulsory human beehives and to see how a military discipline carries a +brutal hypocrisy into it. The management of such institutions must be +scientific, and the care of their inmates must be scientific, since a +grave crime is always a manifestation of the pathological condition of +the individual. In America there are already institutions, such as the +Elmira Reformatory, where the application of the methods of the positive +school of criminology has been solemnly promised. The director of the +institution is a psychologist, a physician. When a criminal under age is +brought in, he is studied from the point of view of physiology and +psychology. The treatment serves to regenerate the plants who, being +young, may still be straightened up. Scientific therapeutics can do +little for relapsed criminals. The present repression of crime robs the +prisoner of his personality and reduces him to a number, either in mass +imprisonment which corrupts him completely, or in solitary confinement, +which will turn him into a stupid or raving beast. + +These methods are also gradually introduced in the insane asylums. I +must tell you a little story to illustrate this. When I was a professor +in Pisa, eight years ago, I took my students to the penitentiaries and +the asylum for the criminal insane in Montelupo, as I always used to do. +Dr. Algieri, the director of this asylum, showed us among others a very +interesting case. This was a man of about 45, whose history was shortly +the following: He was a bricklayer living in one of the cities of +Toscana. He had been a normal and honest man, a very good father, until +one unlucky day came, in which a brick falling from a factory broke a +part of his skull. He fell down unconscious, was picked up, carried to +the hospital, and cured of his external injury, but lost both his +physical and moral health. He became an epileptic. + +And the lesion to which the loss of the normal function of his nervous +system was due transformed him from the docile and even-tempered man +that he had been into a quarrelsome and irritable individual, so that +he was less regular in his work, less moral and honest in his family +life, and was finally sentenced for a grave assault in a saloon brawl. +He was condemned as a common criminal to I don't know how many years of +imprisonment. But in prison, the exceptional conditions of seclusion +brought on a deterioration of his physical and moral health, his +epileptic fits became more frequent, his character grew worse. The +director of the prison sent him to the asylum for the insane criminals +at Montelupo, which shelters criminals suspected of insanity and insane +criminals. + +Dr. Algieri studied the interesting case and came to the diagnosis that +there was splinter of bone in the man's brain which had not been noticed +in the treatment at the hospital, and that this was the cause of the +epilepsy and demoralization of the prisoner. He trepanned a portion of +the skull around the old wound and actually found a bone splinter lodged +in the man's brain. He removed the splinter, and put a platinum plate +over the trepanned place to protect the brain. The man improved, the +epileptic fits ceased, his moral condition became as normal as before, +and this bricklayer (how about the free will?) was dismissed from the +asylum, for he had given proofs of normal behavior for about five or six +months, thanks to the wisdom of the doctor who had relieved him of the +lesion which had made him epileptic and immoral. If this asylum for +insane criminals had not been in existence, he would have ended in a +padded cell, the same as another man whom I and my students saw a few +years ago in the Ancona penitentiary. The director, an old soldier, said +to me: "Professor, I shall show you a type of human beast. He is a man +who passes four fifths of the year in a padded cell." After calling six +attendants, "because we must be careful," we went to the cell, and I +said to that director: "Please, leave this man to me. I have little +faith in the existence of human beasts. Keep the attendants at a +distance." "No," replied the director, "my responsibility does not +permit me to do that." + +But I insisted. The cell was opened, and the man came out of it really +like a wild beast with bulging eyes and distorted face. But I met him +with a smile and said to him kindly: "How are you?" This change of +treatment immediately changed the attitude of the man. He first had a +nervous fit and then broke into tears and told me his story with the +eloquence of suffering. He said that he had some days in which he was +not master of himself, but he recognized that he was good whenever the +attacks of temper were over. Without saying so, he thus invoked the +wisdom of human psychology for better treatment. There is indeed a +physician in those prisons, but he treats generally only the ordinary +diseases and is not familiar with special psychological knowledge. There +may be exceptions, and in that case it is a lucky coincidence. But the +prison doctor has also his practice outside and hurries through his +prison work. "They simulate sickness in order to get out of prison," he +says. And this will be so all the more that the physicians of our time +have not sufficient training in psychology to enable them to do justice +to the psychology of the criminal. + +You must, therefore, give a scientific management to these institutions, +and you will then render humane even the treatment of those grave and +dangerous criminals, whose condition cannot be met by a simple +compensation of the injury they have done to others. + +This is the function of repression as we look upon it, an inevitable +result of the positive data regarding the natural origin of crime. + +We believe, in other words, that repression will play but an unimportant +role in the future. We believe that every branch of legislation will +come to prefer the remedies of social hygiene to those symptomatic +remedies and apply them from day to day. And thus we come to the theory +of the prevention of crime. Some say: "it is better to repress than to +prevent." Others say: "It is better to prevent than to repress." In +order to solve this conflict we must remember that there are two widely +different kinds of repression. There is the immediate, direct empirical +repression, which does not investigate the cause of criminality, but +waits until the crime is about to be committed. That is police +prevention. There is on the other hand a social prevention which has an +indirect and more remote function, which does not wait until crime is +about to be committed, but locates the causes of crime in poverty, +abandoned children, trampdom, etc, and seeks to prevent these +conditions by remote and indirect means. In Italy, prevention is +anonymous with arrest. That is to say, by repression is understood only +police repression. Under these circumstances, it is well to take it for +granted that some of the expected crimes will be carried out, for crimes +are not committed at fixed periods after first informing the police. The +damage done by criminality, and especially by political and social +criminality, against which police repression is particularly directed, +will be smaller than that done by the abuse inseparably connected with +police power. In the case of atavistic criminality, prevention does not +mean handcuffing of the man who is about to commit a crime, but devising +such economic and educational measures in the family and administration +as will eliminate the causes of crime or attenuate them, precisely +because punishment is less effective than prevention. + +In other words, in order to prevent crime, we must have recourse to +measures which I have called "substitutes for punishment," and which +prevent, the development of crime, because they go to the source in +order to do away with effects. + +Bentham narrates that the postal service in England, in the 18th +century, was in the hands of stage drivers, but this service was not +connected with the carrying of passengers, as became the custom later. +And then it was impossible to get the drivers to arrive on time, +because they stopped too often at the inns. Fines were imposed, +imprisonment was resorted to, yet the drivers arrived late. The +penalties did not accomplish any results so long as the causes remained. +Then the idea was conceived to carry passengers on the postal stages, +and that stopped the drivers from being late, because whenever they made +a halt, the passengers, who had an interest in arriving on time, called +the drivers and did not give them much time to linger. This is an +illustration of a substitute for punishment. + +Another illustration. In the Middle Ages, up to the eve of our modern +civilization, piracy was in vogue. Is there anything that was not tried +to suppress piracy? The pirates were persecuted like wild beasts. +Whenever they were caught they were condemned to the most terrible forms +of death. Yet piracy continued. Then came the application of steam +navigation, and piracy disappeared as by magic. And robbery and +brigandage? They withstood the death penalty and extraordinary raids by +soldiers. And we witness today the spectacle of a not very serious +contest between the police who wants to catch a brigand, Musolino; and +a brigand who does not wish to be caught. + +Wherever the woods are not traversed by railroads or tramways, +brigandage carries on its criminal trade. But wherever railroads and +tramways exist, brigandage is a form of crime which disappears. You may +insist on death penalties and imprisonment, but assault and robbery will +continue, because it is connected with geographical conditions. Use on +the other hand the instrument of civilization, without sentencing any +one, and brigandage and robbery will disappear before its light. And if +human beings in large industrial centers are herded together in +tenements and slum hotels, how can a humane judge aggravate the +penalties against sexual crimes? How can the sense of shame develop +among people, when young and old of both sexes are crowded together in +the same bed, in the same corrupted and corrupting environment, which +robs the human soul of every noble spark? + +I might stray pretty far, if I were to continue these illustrations of +social hygiene which will be the true solution of the problem and the +supreme systematic, daily humane, and bloodless remedy against the +disease of criminality. However, we have not the simple faith that in +the near or far future of humanity crimes can ever be wholly eradicated. +Even Socialism, which looks forward to a fundamental transformation of +future society on the basis of brotherhood and social justice, cannot +elevate itself to the absolute and naive faith that criminality, +insanity, and suicide can ever fully disappear from the earth. But it is +our firm conviction that the endemic form of criminality, insanity, and +suicide will disappear, and that nothing will remain of them but rare +sporadic forms caused by lesion or telluric and other influences. + +Since we have made the great discovery that malaria, which weighs upon +so many parts in Italy, is dependent for its transmission on a certain +mosquito, we have acquired the control of malarial therapeutics and are +enabled to protect individuals and families effectively against malaria. +But aside from this function of protecting people, there must be a +social prevention, and since those malarial insects can live only in +swampy districts, it is necessary to bring to those unreclaimed lands +the blessing of the hoe and plow, in order to remove the cause and do +away with the effects. The same problem confronts us in criminology. In +the society of the future we shall undertake this work of social +hygiene, and thereby we shall remove the epidemic forms of criminality. +And nine-tenths of the crimes will then disappear, so that nothing will +remain of them but exceptional cases. There will remain, for instance, +such cases as that of the bricklayer which I mentioned, because there +may always be accidents, no matter what may be the form of social +organization, and nervous disorders may thus appear in certain +individuals. But you can see that these would be exceptional cases of +criminality, which will be easily cured under the direction of science, +that will be the supreme and beneficent manager of institutes for the +segregation of those who will be unfit for social intercourse. The +problem of criminality will thus be solved as far as possible, because +the gradual transformation of society will eliminate the swamps in which +the miasma of crime may form and breed. + +If we wish to apply these standards to an example which today attracts +the attention of all Italy to this noble city, if we desire to carry our +theories into the practice of contemporaneous life, if science is to +respond to the call of life, let us throw a glance at that form of +endemic criminality known as the Camorra in this city, which has taken +root here just as stabbing affrays have in certain centers of Turin, and +the Mafia in certain centers of Sicily. In the first place, we must not +be wilfully blind to facts and refuse to see that the citizens will +protect themselves, if social justice does not do so. And from that to +crime there is but a shot step. But which is the swampy soil in which +this social disease can spread and persist like leprosy in tin +collective organism? It is the economic poverty of the masses, which +lends to intellectual and moral poverty. + +You have lately had in Naples a very fortunate struggle, which seems to +have overcome one of the representatives of the high Camorra. But can we +believe that the courageous work of a few public writers has touched the +roots of the Camorra in this city? It would be self-deception to think +so. For we see that plants blossom out again, even after the most +destructive hurricane has passed over them. + +The healing of society is not so easy, that a collective plague may be +cured by the courageous acts of one or more individuals. The process is +much slower and more complicated. Nevertheless these episodes are +milestones of victory in the onward march of civilization, which will +paralyze the historical manifestations of social criminality. Here, +then, we have a city in which some hundred thousand people rise every +morning and do not know how to get a living, who have no fixed +occupation, because there is not enough industrial development to reach +that methodical application of labor which lifted humanity out of the +prehistoric forests. Truly, the human race progresses by two uplifting +energies: War and labor. + +In primitive and savage society, when the human personality did not know +the check of social discipline, a military discipline held the members +of the tribe together. But war, while useful in primitive society, loses +its usefulness more and more, because it carries within itself the +cancer that paralyzes it. + +While war compels collective groups to submit to the co-ordinating +discipline of human activity, it also decreases the respect for human +life. The soldier who kills his fellow man of a neighboring nation by a +stroke of his sword will easily lose the respect for the life of +members of his own social group. Then the second educational energy +interferes, the energy of labor, which makes itself felt at the decisive +moment of prehistoric development, when the human race passes from a +pastoral, hunting, and nomadic life Into an agriculture and settled +life. This is the historic stage, in which the collective ownership of +land and instruments of production is displaced by communal property, +family property, and finally individual property. During these stages, +humanity passes from individual and isolated labor in collective, +associated, co-ordinated labor. The remains of the neolithic epoch show +us the progress of the first workshops, in which our ancestors gathered +and fashioned their primitive tools and arms. They give us an idea of +associated and common labor, which then becomes the great uplifting +energy, because, unlike war, it does not carry within itself a disdain +or violation of the rights of others. Labor is the sole perennial energy +of mankind which leads to social perfection. But if you have 100,000 +persons in a city like Naples who do not enjoy the certainty and +discipline of employment at methodical and common labor, you need not +wonder that the uncertainty of daily life, an illfed stomach, and an +anemic brain, result in the atrophy of all moral sentiment, and that the +evil plant of the Camorra spreads out over everything. The processes in +the law courts may attract the fleeting attention of public opinion, of +legislation, of government, to the disease from which this portion of +the social organism is suffering, but mere repression will not +accomplish anything lasting. + +The teaching of science tells us plainly that in such a case of endemic +criminality social remedies must be applied to social evils. Unless the +remedy of social reforms accompanies the development and protection of +labor; unless justice is assured to every member of the collectivity, +the courage of this or that citizen is spent in vain, and the evil plant +will continue to thrive in the jungle. + +Taught by the masterly and inflexible logic of facts, we come to the +adoption of the scientific method in criminal research and conclude that +a simple and uniform remedy like punishment is not adequate to cure such +a natural and social phenomenon as crime, which has its own natural and +social causes. The measures for the preservation of society against +criminality must be manifold, complex and varied, and must be the +outcome of persevering and systematic work on the part of legislators +and citizens on the solid foundation of a systematic collective economy. + +Let me take leave of you with this practical conclusion, and give my +heart freedom to send to my brain a wave of fervent blood, which shall +express my enduring gratitude for the reception which you have given me. +Old in years, but young in spirit and energetic aspiration to every high +ideal, I tender you my sincere thanks. As a man and a citizen, I thank +you, because these three lectures have been for me a fountain of youth, +of faith, of enthusiasm. Thanks to them I return to the other fields of +my daily occupation with a greater faith in the future of my country and +of humanity. To you, young Italy, I address these words of thanks, glad +and honored, if my words have aroused in your soul one breath which will +make you stronger and more confident in the future of civilization and +social justice. + + + + + +End of Project Gutenberg's The Positive School of Criminology, by Enrico Ferri + +*** END OF THIS PROJECT GUTENBERG EBOOK THE POSITIVE SCHOOL OF CRIMINOLOGY *** + +***** This file should be named 10580.txt or 10580.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/5/8/10580/ + +Produced by Afra Ullah and PG Distributed Proofreaders + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS," WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + + https://www.gutenberg.org/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + diff --git a/old/10580.zip b/old/10580.zip Binary files differnew file mode 100644 index 0000000..5c28fa2 --- /dev/null +++ b/old/10580.zip |