The Institute therefore takes upon itself, as one of its aims, to
inculcate the study of modern criminal science, as a pressing duty for
the legal profession and for the thoughtful community at large. One of
its principal modes of stimulating and aiding this study is to make
available in the English language the most useful treatises now extant
in the Continental languages. Our country has started late. There is
much to catch up with, in the results reached elsewhere. We shall, to be
sure, profit by the long period of argument and theorizing and
experimentation which European thinkers and workers have passed through.
But to reap that profit, the results of their experience must be made
accessible in the English language.
The effort, in selecting this series of translations, has been to choose
those works which best represent the various schools of thought in
criminal science, the general results reached, the points of contact or
of controversy, and the contrasts of method--having always in view that
class of works which have a more than local value and could best be
serviceable to criminal science in our country. As the science has
various aspects and emphases--the anthropological, psychological,
sociological, legal, statistical, economic, pathological--due regard was
paid, in the selection, to a representation of all these aspects. And as
the several Continental countries have contributed in different ways to
these various aspects,--France, Germany, Italy, most abundantly, but the
others each its share,--the effort was made also to recognize the
different contributions as far as feasible.
The selection made by the Committee, then, represents its judgment of
the works that are most useful and most instructive for the purpose of
translation. It is its conviction that this Series, when completed, will
furnish the American student of criminal science a systematic and
sufficient acquaintance with the controlling doctrines and methods that
now hold the stage of thought in Continental Europe. Which of the
various principles and methods will prove best adapted to help our
problems can only be told after our students and workers have tested
them in our own experience. But it is certain that we must first
acquaint ourselves with these results of a generation of European
thought.
In closing, the Committee thinks it desirable to refer the members of
the Institute, for purposes of further investigation of the literature,
to the “Preliminary Bibliography of Modern Criminal Law and Criminology”
(Bulletin No. 1 of the Gary Library of Law of Northwestern University),
already issued to members of the Conference. The Committee believes that
some of the Anglo-American works listed therein will be found useful.
COMMITTEE ON TRANSLATIONS.
_Chairman_, WM. W. SMITHERS,
_Secretary of the Comparative Law Bureau of the American Bar
Association, Philadelphia, Pa._
ERNST FREUND,
_Professor of Law in the University of Chicago_.
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