On the other hand, it is not convenient, and it is unquestionably not indispensable, to make a difference between an anomaly "in relation to a superior civilised type," and an anomaly "in relation to the human type itself." Here is the criterion that M. Garofalo—prepossessed as he is to take away from born criminals the benefit, too easily obtained, of disease—proposes to us, in order to distinguish from the anomaly truly morbid, an anomaly not pathological, but which depends in some way on the cerebral organisation. Subtle is this distinction which he opposes to the opinion of French alienists, according to whom the immoral are always more or less physically degenerated. I will confine myself to recalling on this point a remark of Dr. Magnan. Very often, said this eminent clinician one day to me, a father of poor moral stability but otherwise healthy of body, has a son well balanced in his moral and intellectual tendencies but already on the way to degeneracy. The anatomical anomaly invoked by M. Garofalo would be then not far from the physiological anomaly; functional disturbance of the higher faculties is not alone concerned. Fundamentally, this is of little moment to the practical conclusions of his system, which we must rapidly indicate. With regard to the repression of crime, and as to a large category of criminals, the social point of view necessarily dominates the medical point of view. M. Garofalo inquires what the power of education and of the increase of well-being is in diminishing crime. He has found them extremely weak. Severity of repression alone appears of some efficacy; indulgence augments crime. For the sake of social selection, the criminal ought to be eliminated, by capital punishment, perpetual banishment, etc., according as the case demands. Temporary imprisonment has no place in this system. Finally, the only criterion of penality is lack of adaptability to social life; this criterion will replace the false principles of "moral responsibility" and "proportionment of the punishment to the crime." It is too apparent that the prevailing penal theory and the jurisprudence in agreement with it, seem to tend to protect the criminal against society, rather than society against the criminal. And what absurdities besides! The attempt is less severely treated than the consummated offence; preparatory acts are _never_ punished, the attempt at a crime is _always_ punished.