Hitherto, then, the classical school stands alone, with varying
shades of opinion, but one and distinct as a method, and as a body
of principles and consequences. And whilst it has achieved its
aim in the most recent penal codes, with a great, and too
frequently an excessive diminution of punishments, so in respect
of theory, in Italy, Germany, and France it has crowned its work
with a series of masterpieces amongst which I will only mention
Carrara's ``Programme of Criminal Law.'' As the author tells us
in one of his later editions, from the <_a!> priori_ principle
that ``crime is a fact dependent upon law, an infraction rather
than an action,'' he deduced--and that by the sheer force of an
admirable logic--a complete symmetrical scheme of legal and
abstract consequences, wherein judges are compelled, whether they
like it or not, to determine the position of every criminal who
comes before them.
But now the classical school, which sprang from the marvellous
little work of Beccaria, has completed its historic cycle. It has
yielded all it could, and writers of the present day who still
cling to it can only recast the old material. The youngest of
them, indeed, are condemned to a sort of Byzantine discussion of
<p xx>scholastic formulas, and to a sterile process of scientific
rumination.
And meantime, outside our universities and academies, criminality
continues to grow, and the punishments hitherto inflicted, though
they can neither protect nor indemnify the honest, succeed in
corrupting and degrading evil-doers. And whilst our treatises and
codes (which are too often mere treatises cut up into segments)
lose themselves in the fog of their legal abstractions, we feel
more strongly every day, in police courts and at assizes, the
necessity for those biological and sociological studies of crime
and criminals which, when logically directed, can throw light as
nothing else can upon the administration of
the penal law.
CHAPTER I.
THE DATA OF CRIMINAL ANTHROPOLOGY.
THE experimental school of criminal sociology took its original
title from its studies of anthropology; it is still commonly
regarded as little more than a ``criminal anthropology school.''
And though this title no longer corresponds with the development
of the school, which also takes into account and investigates the
data of psychology, statistics, and sociology, it is none the less
true that the most characteristic impetus of the new scientific
movement was due to anthropological studies. This was
conspicuously the case when Lombroso, giving a scientific form to
sundry scattered and fragmentary observations upon criminals,
added fresh life to them by a collection of inquiries which were
not only original but also governed by a distinct idea, and
established the new science of criminal anthropology.
Public-domain text, read in full here on John Shaqi.
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