Up to recent times the criminal has been regarded as a kind of algebraic
formula, to use Professor Ferri’s expression; the punishment has been
proportioned not to the criminal but to the crime. We are now learning to
regard the criminal as a natural phenomenon, the resultant of manifold
natural causes. We are striving to attain to scientific justice. We are
seeking in every direction to ascertain what is the reasonable treatment
of the eccentric and abnormal members of society, in their interest, and
in the still higher interests of the society to which we belong.
To seek for light in the fields of biology and psychology, of anthropology
and sociology, has seemed to many a discouraging task. The results are
sometimes so obscure; sometimes, it even seems, contradictory. In
practice, it is said, such considerations count for nothing. Law must only
concern itself with absolute certainties, with abstract formulæ, with
geometrical routine. But human nature will not fit in with formulæ; when
men and women are geometrical figures, an abstract legal system will
answer all their needs. If the path lies through a jungle, what is the use
of the best and straightest of roads that leads astray? If a critic were
to point out to a biologist--to take another illustration from Ferri--the
limitations of the microscope, he would be entitled to reply--But excuse
me, however imperfect the microscope may be, would it be better to
dispense with the microscope? Much less when we are dealing with
criminals, whether in the court of justice or in the prison, or in society
generally, can we afford to dispense with such science of human nature as
we may succeed in attaining.
CHAPTER VI.
THE TREATMENT OF THE CRIMINAL.
If, as now scarcely admits of question, every truly criminal act proceeds
from a person who is, temporarily or permanently, in a more or less
abnormal condition, the notion of “punishment” loses much of its
foundation. We cannot punish a monstrosity for acting according to its
monstrous nature. Moreover, who among us is perfectly normal, and what
tribunal is entitled to punish? The verdict of science is one with that of
Christianity--“Judge not.”
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