My answer to the second objection is that the importance of taking
measures to prevent crime has certainly been dwelt upon,
especially from the time of Montesquieu and Beccaria, but it has
been only by <p 139>way of platonic and isolated declaration, with
no such systematic development as might have given them practical
application, based on experimental observations. Moreover, this
prevention has always been held as subsidiary to repression,
whereas we have arrived at the positive conclusion that
prevention, instead of being a mere secondary aid, should
henceforth become the primary defensive function of society, since
repression has but an infinitesimal influence upon criminality.
Furthermore, it is important to observe the profound distinction
between ordinary prevention and penal substitutes; or in other
words, between prevention by police and prevention by society.
The former merely seeks to prevent crime when its germ is already
developed and active, and it nearly always employs methods of
direct coercion, which, being themselves repressive in their
character, are often inefficacious, even if they do not provoke
additional offences. Social prevention, on the other hand, begins
with the original sources of crime, attacking its biological,
physical, and social factors, by methods which are wholly
indirect, and which rest upon the free play of psychological and
sociological laws.
Science, as well as the making of laws, has hitherto been too much
influenced by a preference for repression, or at least for
administrative police prevention. ``There have been authoritative
works and learned folios,'' says Ellero, ``which dealt not only
with punishment, but also with torture; there has been none
dealing with the provision of means for providing an alternative
to punishment.''
<p 140>
After the general observations of Montesquieu, Filangieri,
Beccaria, and more recently Tissot, on the influence of religion,
climate, soil, and the form of government, upon the penal system
rather than the prevention of crime, the authors who studied
prevention with wider and more systematic views (excluding the
criminal sociologists who have more or less taken the positive
point of view), are Bentham, Romagnosi, Barbacovi, Carmignani,
Ellero, Lombroso, and a few Englishmen, who, without making much
of the theory, have made many practical suggestions of preventive
reform. But even these writers either confine themselves to
general synthetic considerations, like Romagnosi and Carmignani,
or else, entering the domain of facts, and even accepting the idea
of social prevention, have made too little of those physio-
psychological laws as the natural factors of crime, which alone
can furnish a method of regulating human activity. And, when all
is said and done, they have clung to punishment as the chief
method of prevention.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account