In Kraepelin’s book it is impossible to overlook the influence of
Lombroso’s ideas; and the same influence can be traced also in Von
Liszt’s “Lehrbuch des Deutschen Strafrechts” (“Textbook of German
Criminal Jurisprudence”), of which the first edition was published in
1881; but it could be foreseen that in the psychiatric and legal circles
of Germany, this influence would be indirect and limited. I was myself
convinced of this fact at the time when, in the year 1886, after long
study of the writings of the Italian school, I had resolved to do my
best to diffuse the views of that school in Germany, both verbally and
in writing.
It is not possible to give a detailed account here of the diffusion of
the ideas and methods of the “New School” outside Italy. The
conservatism which inevitably results from a legal education gave rise
to violent opposition on the part of lawyers in Italy, as well as
elsewhere. It was, therefore, above all, necessary to approach the
scientific leaders of the legal circles with the ideas of the “New
School” of criminology. In this respect it was a fact no less impressive
than useful that Lombroso, at the outset of his activity as chief of a
school, published in the year 1881, in the first number of Von Liszt’s
_Zeitschrift für die gesamte Strafwissenschaft_ (_Journal of
Criminology_), an article upon the origin, the essence, and the aims of
the new criminal anthropological school in Italy. In this article he
insists upon the importance of the different causes of criminality, its
anthropological, social, and cosmic factors, upon the aim of repression
as a means of social self-defence, and upon the importance of the
substitutes for punishment (“sostituoi penali”), and the reforms
necessary in the application of punishment. Finally, he deals with the
“positive” character and the inductive methods of the new school.
Professor van Hamel describes this article as “The entrance of the
positive school and of its founder, Lombroso, into the legal world
through its chief portal—_i.e._, the German portal,” which was opened to
him by Von Liszt. Van Hamel’s intention was to indicate the great
importance attached at the outset by lawyers of the first rank to the
introduction of modern criminology into the circle of the legal
sciences. Van Hamel continues in the following terms: “Some years after
this there ensued the foundation of l’Union Internationale de Droit
Pénal, whose statutes have been recognized as providing the basic
principles alike for criminological science and for practical penal
methods.”
Public-domain text, read in full here on John Shaqi.
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