This school had, and still has, a practical purpose, namely, to
diminish all punishments, and to abolish a certain number, by a
magnanimous reaction of humanity against the arbitrary harshness
of medi<ae>val times. It had also, and still has, a method of its
own, <p xviii>namely, to study crime from its first principles, as
an abstract entity dependent upon law.
Here and there since the time of Beccaria another stream of theory
has made itself manifest. Thus there is the correctional school,
which Roeder brought into special prominence not many years ago.
But though it flourished in Germany, less in Italy and France, and
somewhat more in Spain, it had no long existence as an independent
school, for it was only too easily confuted by the close sequence
of inexorable facts. Moreover, it could do no more than oppose a
few humanitarian arguments on the reformation of offenders to the
traditional arguments of the theories of jurisprudence, of
absolute and relative justice, of intimidation, utility, and the
like.
No doubt the principle that punishment ought to have a reforming
effect upon the criminal survives as a rudimentary organ in nearly
all the schools which concern themselves with crime. But this is
only a secondary principle, and as it were the indirect object of
punishment; and besides, the observations of anthropology,
psychology, and criminal statistics have finally disposed of it,
having established the fact that, under any system of punishment,
with the most severe or the most indulgent methods, there are
always certain types of criminals, representing a large number of
individuals, in regard to whom amendment is simply impossible, or
very transitory, on account of their organic and moral
degeneration. Nor must we forget that, since the natural roots of
crime spring not only from the individual organism, but also, in
large measure, from its physical and social environment,
<p xix>correction of the individual is not sufficient to prevent
relapse if we do not also, to the best of our ability, reform the
social environment. The utility and the duty of reformation none
the less survive, even for the positive school, whenever it is
possible, and for certain classes of criminals; but, as a
fundamental principle of a scientific theory, it has passed away.
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