M. Tarde, then, was not quite accurate in his remark that my
conviction as to the very slight efficacy of punishments is a mere
consequence of my ideas on the anthropological and physical
character of crime, and that, ``on the contrary, the
preponderating importance which he has assigned to the social
causes logically debars him from accepting this conclusion.'' As
a matter of fact, punishment regarded as a psychological motive so
far as it is a legal deterrent, and as a physical motive so far as
it implies the confinement of the person condemned, would more
naturally belong, in abstract <p 98>logic, to the biological and
physical theory of crime. Whereas it is precisely because I
recognise the influence of social environment, in addition, that
experimental logic convinces me that punishment is not an
efficacious remedy of crime, unless forces are applied beforehand
to neutralise, or at any rate to counteract, the social factors of
crime.
And if this is not a new conclusion, as one of our critics
observes by way of reproach--as though it were not one of the
characteristics of truth to repeat itself persistently, however
much it may be forgotten or even opposed--we must nevertheless
remark that it is now repeated with a mass of new observations and
definite applications, which give it a force unknown to mere
logical deductions.
The classical school has concerned itself simply with mitigation
of punishment as compared with medi<ae>val excess; and for this
reason, because every age has its own mission, it could not also
concern itself with the prevention of crimes, which is far more
useful and efficacious. A few isolated thinkers, it is true,
wrote a few bold and far-reaching pages on preventive methods in
opposition to the numerous volumes on punishment; but their words
had no effect upon criminalists and legislators, because science
had not yet undertaken the positive and methodical observation of
the natural factors of crime.
I will confine myself to a few examples, in order to show that
amongst practical men, as amongst public officials and
legislators, the illusion that punishments are the true panacea of
crime is always predominant.
<p 99>
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account