From this point onwards, nothing could be more natural than the
rise of a new school, whose object was to make an experimental
study of social pathology in respect of its criminal symptoms, in
order to bring theories of crime and punishment into harmony with
everyday facts. This is the positive school of criminal law,
whereof the fundamental purpose is to study the natural genesis of
criminality in the criminal, and in the physical and social
conditions of his life, so as to apply the most effectual remedies
to the various causes of crime.
Thus we are not concerned merely with the construction of a theory
of anthropology or psychology, or a system of criminal statistics,
nor merely with the setting of abstract legal theories against
other theories which are still more abstract. Our task is to show
that the basis of every theory concerning the self-defence of the
community against evil-doers must be the observation of the
individual and of society in their criminal activity. In one
word, our task is to construct a criminal sociology.
For, as it seems to me, all that general sociology can do is to
furnish the more ordinary and universal inferences concerning the
life of communities; and upon this canvas the several sciences of
sociology are delineated by the specialised observation of each
<p xvii>distinct order of social facts. In this manner we may
construct a political sociology, an economic sociology, a legal
sociology, by studying the special laws of normal or social
activity amongst human beings, after previously studying the more
general laws of individual and collective existence. And thus we
may construct a criminal sociology, by studying, with such an aim
and by such a method, the abnormal and anti-social actions of
human beings--or, in other words, by studying crime and criminals.
Neither the Romans, great exponents as they were of the civil law,
nor the practical spirits of the Middle Ages, had been able to lay
down a philosophic system of criminal law. It was Beccaria,
influenced far more by sentiment than by scientific precision, who
gave a great impetus to the doctrine of crimes and punishments by
summarising the ideas and sentiments of his age.[1] Out of the
various germs contained in his generous initiative there has been
developed, to his well-deserved credit, the classical school of
criminal law.
[1] Desjardins, in the Introduction to his ``Cahiers des <E'>tats
G<e'>n<e'>raux en 1789 et la L<e'>gislation Criminelle,'' Paris,
1883, gives a good description of the state of public opinion in
that age. He speaks also of the charges which were brought
against the advocates of the new doctrines concerning crime, that
they upset the moral and social order of things. Nowadays,
charges against the experimental school are cited from these same
advocates; for the revolutionary of yesterday is very often the
conservative of to-day.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account