Since I estimate at a very high value Lombroso’s importance in relation
to the origin and growth of the present international movement for the
reform of our penal methods, I may be allowed to quote further from the
learned Van Hamel, and to join with him in saying, in this connection:
“Differences in matters of detail affect in no way the uniformity of
principles. Such differences must, indeed, be regarded, not merely as
inevitable, but positively as advantageous. They are inevitable owing to
the differences in human temperament and in national character. They are
advantageous because, owing to their existence, new ideas will find
their way into acceptance in certain forms, when, if they had sought
acceptance in other forms, they would certainly have been rejected.
Differences of detail must never lead us to overlook uniformity of
principle, nor to overlook the common origin of ideas thus differing in
matters of detail. The advocates of the modern penal methods must never
forget that these owe their very existence to the positive school of
Italian thought.”
How did it happen that Lombroso, the anthropologist and psychiatrist,
was led to a criticism of the science of law? He had discovered
intuitively, and believed he could establish inductively, the fact that
there exist “born criminals” or “criminal natures.” His whole course of
mental development—viz., the fact that he was strongly influenced by the
evolutionary theories of Vico and Marzolo, by the English utilitarians,
by the French positivists, and, to some extent also, by the German
materialists of the middle of the nineteenth century—had induced the
conviction that the first object of punishment should be the protection
of society, and the second the improvement of the criminal. It was for
these purposes, he considered, that law had come into existence.
Public-domain text, read in full here on John Shaqi.
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