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قراءة كتاب The Positive School of Criminology Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901

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The Positive School of Criminology
Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901

The Positive School of Criminology Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901

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دار النشر: Project Gutenberg
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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

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