The positive theory of penal substitutes, apart from any
particular example, aims precisely at furnishing a mental
discipline for legislators, and bringing home to them the duty of
constant reinforcements of social prevention, no matter how
difficult it may be, before the evil comes to a head, and forces
them too late to a course of repression which is as easy as it is
fallacious. No doubt it is vexatious and difficult, even in
private life, to be perpetually living up to rules of health; and
it is easier, if more dangerous, to forget them, and to fly, when
the mischief declares itself, to drugs which are too frequently
deceptive; but it is just the want of forethought, both public and
private, which it is so important to overcome. And as hygienic
science was not possible as a theory or as a practice until after
<p 135>the experimental observations and physio-pathology on the
causes of disease, especially of epidemic and infectious diseases,
together with the discoveries of M. Pasteur, who created
bacteriology; so social hygiene as against crime was only possible
as a theory, and will not be so as a practice, till the diffusion
of the facts of biology and criminal sociology relating to the
natural causes of crime, especially of occasional crime.
The great thing is to be convinced that, for social defence
against crime, as for the moral elevation of the masses of men,
the least measure of progress with reforms which prevent crime is
a hundred times more useful and profitable than the publication of
an entire penal code.
When a minister introduces a law, for instance, on railways,
customs duties, wages, taxation, companies, civil or commercial
institutions, there are few who think of the effect which these
laws will have on the criminality of the nation, for it is
imagined that sufficient has been done in this respect by means of
reforms in the penal code. In the social organism, on the other
hand, as in individuals, there is an inevitable solidarity, though
frequently concealed, between the most distant and different
parts.
Public-domain text, read in full here on John Shaqi.
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