These penal substitutes, when they have once been established in
the conscience and methods of legislators, through the teaching of
criminal sociology, will be the recognised form of treatment for
the social factors of crime. And they will also be <p 113>more
possible and practical than that universal social metamorphosis,
direct and uncompromising, insisted on by generous but impatient
reformers, who scorn these substitutes as palliatives because
humanitarian enthusiasm causes them to forget that social
organisms, like animal organisms, can be only partially and
gradually transformed.
The idea of these penal substitutes amounts, in short, to this.
The legislator, observing the origins, conditions, and effects of
individual and collective activity, comes to recognise their
psychological and sociological laws, whereby he will be able to
obtain a mastery over many of the factors of crime, and especially
over the social factors, and thus secure an indirect but more
certain influence over the development of crime. That is to say,
in all legislative, political, economic, administrative, and penal
arrangements, from the greatest institutions to the smallest
details, the social organism will be so adjusted that human
activity, instead of being continually and unprofitably menaced
with repression, will be insensibly directed into non-criminal
channels, leaving free scope for energy and the satisfaction of
individual needs, under conditions least exposed to violent
disturbance or occasions of law-breaking.
It is just this fundamental idea of penal substitutes which shows
how necessary it is that the sociologist and legislator should
have such a preparation in biology and psychology as Mr. Spencer
justly insisted on in his ``Introduction to Social Science.'' And
it is the fundamental idea rather than the substitutes themselves
that we should bear in mind if we <p 114>would realise their
theoretical and practical value as part of a system of criminal
sociology.
As for the efficacy of any particular penal substitute, I readily
admit, in some sense at least, the partial criticisms which have
been passed upon them. Apart from such as simply say that they do
not believe in the use of alternatives to punishment, and such as
confine themselves to the futile question whether this theory
belongs to criminal science or to police administration, a
majority of criminal sociologists have now definitely accepted the
doctrine of penal substitutes. This theory is accepted, not as an
absolute panacea of crime, but, as I have always stated it, in the
sense of a combination of measures analogous to penal repression;
in place of trusting solely to repression for the defence of
society against crime.
Let us take note of a few examples.
Public-domain text, read in full here on John Shaqi.
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