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
Enrico Pessina alone remains of the two giants who concluded the cycle
of classic school of criminology. In a lucid moment of his scientific
consciousness, which soon reverted to the old abstract and metaphysical
theories, he announced in an introductory statement in 1879, that
criminal justice would have to rejuvenate itself in the pure bath of the
natural sciences and substitute in place of abstraction the living and
concrete study of facts. Naturally every scientist has his function and
historical significance; and we cannot expect that a brain which has
arrived at the end of its career should turn towards a new direction. At
any rate, it is a significant fact that this most renowned
representative of the classic school of criminology should have pointed
out this need of his special science in this same university of Naples,
one year after the inauguration of the positive school of criminology,
that he should have looked forward to a time when the study of natural
and positive facts would set to rights the old juridical abstractions.
And there is still another precedent in the history of this university,
which makes scientific propaganda at this place very agreeable for a
positivist. It is that six years before that introductory statement by
Pessina, Giovanni Bovio gave lectures at this university, which he
published later on under the title of "A Critical Study of Criminal
Law." Giovanni Bovio performed in this monograph the function of a
critic, but the historical time of his thought, prevented him from
taking part in the construction of a new science. However, he prepared
the ground for new ideas, by pointing out all the rifts and weaknesses
of the old building. Bovio maintained that which Gioberti, Ellero,
Conforti, Tissol had already maintained, namely that it is impossible to
solve the problem which is still the theoretical foundation of the
classic school of criminology, the problem of the relation between
punishment and crime. No man, no scientist, no legislator, no judge, has
ever been able to indicate any absolute standard, which would enable us
to say that equity demands a definite punishment for a definite crime.
We can find some opportunistic expedient, but not a solution of the
problem. Of course, if we could decide which is the gravest crime, then
we could also decide on the heaviest sentence and formulate a descending
scale which would establish the relative fitting proportions between
crime and punishment. If it is agreed that patricide is the gravest
crime, we meet out the heaviest sentence, death or imprisonment for
life, and then we can agree on a descending scale of crime and on a
parallel scale of punishments. But the problem begins right with the
first stone of the structure, not with the succeeding steps. Which is
the greatest penalty proportional to the crime of patricide? Neither
science, nor legislation, nor moral consciousness, can offer an absolute
standard. Some say: The greatest penalty is death.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account