Hence their teaching and their propositions have had no weight
with legislators, for these latter had not been convinced, as only
the criminal sociologist could convince them, that punishments are
far from having the deterrent force commonly attributed to them,
and that crime is not the outcome of free will, but rather a
natural phenomenon which can only disappear or diminish when its
natural factors are eliminated.
The legislators for their part have not only neglected the
definite teaching of these authors with more than ordinary
insight, but they have also enacted what are <p 141>really penal
substitutes in a clumsy and unscientific manner.
We have thus studied the data of criminal statistics in their
theoretical and practical relations with criminal sociology, and
come to the conclusion that, since crime is a natural phenomenon,
determined by factors of three kinds, it answers on that account
to a law of criminal saturation, whereby the physical and social
environment, aided by individual tendencies, hereditary or
acquired, and by occasional impulses, necessarily determine the
extent of crime in every age and country, both in quantity and
quality. That is to say, the criminality of a nation is
influenced in the natural sphere by the bio-psychical conditions
of individuals and their physical environment, and, in the social
sphere, by economic, political, administrative and civil
conditions of laws, far more than by the penal code.
Nevertheless the execution of punishment, though it is the less
important part of the function of social defence, which should be
carried out in harmony with the other functions of society, is
always the last and inevitable auxiliary.
And this entirely agrees with the universal law of evolution, in
virtue of which, amidst the variation of animal and social
organisms, antecedent forms are not wholly eliminated, but
continue as the basis of the forms which succeed them. So that if
the future evolution of the social administration of defence
against crime is to consist in the development of the primitive
forms of direct physical coercion into the higher forms of
indirect psychical discipline of human activity, this <p 142>will
not imply that the primitive forms must entirely disappear,
especially for the gravest crimes, which, in the biological and
psychological conditions of those who commit them, take us back to
the primitive epochs and forms of individual and social violence.
Public-domain text, read in full here on John Shaqi.
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