Criminality, therefore, cannot be attributed indiscriminately even to the
lowest of races. It consists in a failure to live up to the standard
recognised as binding by the community. The criminal is an individual
whose organisation makes it difficult or impossible for him to live in
accordance with this standard, and easy to risk the penalties of acting
antisocially. By some accident of development, by some defect of heredity
or birth or training, he belongs as it were to a lower and older social
state than that in which he is actually living. It thus happens that our
own criminals frequently resemble in physical and psychical characters
the normal individuals of a lower race. This is that “atavism” which has
been so frequently observed in criminals and so much discussed. It is the
necessarily anti-social instinct of this lowlier organised individual
which constitutes the crime. This accounts for the fact that, while in
those districts where brigandage is opposed to popular feeling brigands
are often abnormally constituted individuals, in other districts where
there is no social feeling against brigandage (as in some outlying parts
of Italy) the brigand may present no unusual characteristic, mental or
physical. The social environment exerts no selective influence; there is
nothing to thrust the abnormal person into brigandage rather than into any
other occupation.
To admit, therefore, in the criminal, a certain psychical and even
physical element belonging to a more primitive age is simple and perfectly
reasonable. It has been observed over and over again, independently and
apart from any special theory of criminality. Thus Mr. L. Owen Pike, the
historian of crime in England, who is not an alienist or an
anthropologist, writes:--“Of a very great number of modern habitual
criminals it may be said that they have the misfortune to live in an age
in which their merits are not appreciated. Had they been in the world a
sufficient number of generations ago, the strongest of them might have
been chiefs of a tribe.... With the disposition and the habits of
uncivilised men which he has inherited from a remote past, the criminal
has to live in a country where the majority of the inhabitants have
learned new lessons of life, and where he is regarded more and more as an
outcast as he strives more and more to fulfil the yearnings of his
nature.”[76] Tarde, the cautious _juge d’instruction_, has expressed the
same idea in almost the same words: “Some of them at least would have been
the ornament and the moral aristocracy of a tribe of Red Indians.”[77]
Again, Professor Prins of Brussels, only slightly varying the same
formula, remarks: “The criminal of to-day is the hero of our old legends.
We put in prison to-day the man who would have been the dreaded and
respected chief of a clan or a tribe.” The energy with which Lombroso has
advocated the atavistic element in the criminal is well known; while
Public-domain text, read in full here on John Shaqi.
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