The Positive School of Criminology: Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901Ferri, Enrico
Science
The Positive School of Criminology: Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901
Ferri, Enrico
Criminal anthropology
legislator should distinguish between the psychological sources of these
two forms of murder, the egoistic and the altruistic form. But we
condemn them both, because they are inhuman forms of violence. Ideas do
not make victorious headway by force of arms. Ideas must be combatted by
ideas, and it is only by the propaganda of the idea that we can prepare
humanity for its future. Violence is always a means of preventing the
sincere and fruitful diffusion of an idea. We do not say this merely for
the abnormals of the lower classes. We refer with scientific serenity
also to the upper classes, who would suppress by violence every
manifestation of revolt against the social iniquities, every affirmation
of faith in a better future.
This is the conception of our science, which thus succeeds in
distinguishing traits of character even among the unlucky and forlorn
people of the criminal world, while the classic school of criminology
regards a criminal as a sort of abstract and normal man, with the
exception of cases of minors, deaf mutes, inebriates, and maniacs.
In fact, the classic school of criminology regards all thieves as THE
thief, all murderers as THE murderer, and the human shape disappears in
the mind of the legislator, while it re-appears before the judge. Before
the essayist and legislator, the criminal is a sort of moving dummy, on
whose hack the judge may paste an article of the penal code. If you
leave out of consideration the established cases of exceptional and rare
human psychology mentioned in the penal code, all other cases serve the
judge merely as an excuse to select from the criminal code the number of
that article which will fit the criminal dummy, and if he should paste
404 instead of 407 on its back, the court of appeals would resist, any
change of numbers. And if this dummy came to life and said: "The
question of my number may be very important for you, but if you would
study all the conditions that compelled me to take other people's
things, you would realize that this importance is very diagrammatic,"
the judge would answer: "That's all right for the justice of the future,
but it isn't now. You are number 404 of the criminal code, and after
leaving this court room with this number pasted legally on your back,
you will receive another number, for you will enter prison as number 404
and will exchange it for entry number 1525, or some other, because your
personality as a man disappears entirely before the enactment of social
justice!" And then it is pretended that this man, whose personality is
thus absurdly ignored, should leave prison cured of all degeneration,
and if he falls back into the path of thorns of his misery and commits
another crime, the judge simply pastes another article over the other,
by adding number 80 or 81, which refer to cases of relapse, to number
404!
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