The Monist, Vol. 1, 1890-1891 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 1, 1890-1891 : $b A quarterly magazine
Various
Philosophy -- Periodicals
The Italians have always had a taste for juridical studies. Their
school of criminologists has placed itself at the head of the movement
which ought to result in the reform of all criminal codes. Two
principal tendencies are predominant in the works of this school:
the physicians and anthropologists, for example M. Lombroso, have
conformably to their mental tendencies, particularly studied the
_criminal_, of whom they have endeavored to fix the type; the jurists,
like M. Garofalo, vice-president of the civil tribunal of Naples,
consider by preference the _crime_, which they determine by reference
to our social organisation. M. Garofalo shows himself at once an
innovator, in that he endeavors to give a positive definition of crime,
to take the place of the vague and incomplete definition which was
accepted by the old jurists, and conforming to which anthropologists
have thought themselves able to mark the characteristics of the
criminal man. That definition has relation to the average morality of
the societies of to-day; crime or criminal offence is to be sought,
according to him, only in the violation of altruistic sentiments
acquired and consolidated in the average social individual—compassion
and probity. New categories ought then to be established; that of
"revolutionists," for example, with whom the offence does not proclaim
moral monstrosity.
The violation of altruistic sentiments certainly reveals in the
offender a grave anomaly; it marks him as not adapted to the
conditions of society, and even incapable of adapting himself to
them, in consequence of psychical and physiological irregularities.
The principle, then, is correct, although M. Garofalo has based it
on an analysis of sentiments which appears to me insufficient. The
sympathetic emotions which compassion embraces, are not the only source
of our moral activity; probity arises in part from intelligence,
and the logical sense intervenes to give the form of justice or
injustice to an act of passion. Now, feebleness of judgment becomes,
incidentally, an important element of the diagnosis of the criminal.
Let us agree, nevertheless, that the absence of compassion and of
probity upon the whole makes up the "natural crime." This suffices
surely in practice.
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