strengthen his resistance to the onslaught of his evil instincts. But
his good conduct will always be at stake in the struggle between his
power of inhibition and his instincts, and the stronger of the two will
always carry the day. And finally, upon the man whose organic
disposition makes him anti-social, upon Lombroso's born criminal,
society can have no educative effect whatever. It is a hopeless case.
Society can render him harmless, it cannot alter him. Consideration for
his neighbour will never find a place in his consciousness. He will
never learn to resist his impulses and desires. His spiritual
insensibility makes him indifferent to the sufferings of others.
Incapable of continuous and equable effort, he will always want to prey
on society by begging, deceiving, stealing and robbing. He has no
conscience and does not hear the voice of society in his mind. He knows
nothing of good and evil, which are both empty phrases for him, words
without any meaning, and he is convinced that he acts rightly every time
he seeks to satisfy his appetites. In his case it is love's labour lost
to try and give a moral meaning to the sanctions of the law. Punishment
is not directed against the soul of the born criminal, only against his
body. It overwhelms him, fetters him and makes him either for the time
being, or permanently, harmless; but his organic tendency continues to
sway him, and whenever he recovers his liberty he is the same as before
he was punished.
The Mystics give to punishment the character of fatherly and chastening
discipline by which the sinner expiates his crime and is purged of the
sin; thus it purifies him and leads him back to the state of innocence;
a kind of anticipatory hell fire which enables him to enter paradise. In
"Gorgias" Plato says explicitly: "He who is punished is liberated from
the evil of his soul." And the Apostle Paul teaches us: "Punishment is
ordained for the betterment of man." Criminal anthropology recognizes
that it is useless to expect this moralizing and redeeming effect from
punishment. Lombroso altogether rejects punishment as a means of
discipline and expiation, and before him Bentham and J. S. Mill, and
simultaneously with him and after him Fouillée, Guyau and Maudsley
adopted the same view. According to them the sanction of criminal law,
which extends and completes it and ensures its efficacy, can have no
other aim than the law itself, and this aim is to defend society against
its active enemies, if possible by converting them, if necessary by
forcible subjugation.
Public-domain text, read in full here on John Shaqi.
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