The Positive School of Criminology: Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 — John Shaqi
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
And how is it possible to cling to that obsolete idea of moral guilt,
according to which every individual is supposed to have the free choice
to abandon virtue and give himself up to crime? The positive school of
criminology maintains, on the contrary, that it is not the criminal who
wills; in order to be a criminal it is rather necessary that the
individual should find himself permanently or transitorily in such
personal, physical and moral conditions, and live in such an
environment, which become for him a chain of cause and effect,
externally and internally, that disposes him toward crime. This is our
conclusion, which I anticipate, and it constitutes the vastly different
and opposite method, which the positive school of criminology employs as
compared to the leading principle of the classic school of criminal
science.
In this method, this essential principle of the positive school of
criminology, you will find another reason for the seemingly slow advance
of this school. That is very natural. If you consider the great reform
carried by the ideas of Cesare Beccaria into the criminal justice of
the Middle Age, you will see that the great classic school represents
but a small step forward, because it leaves the penal justice on the
same theoretical and practical basis which it had in the Middle Age and
in classic antiquity, that is to say, based on the idea of a moral
responsibility of the individual. For Beccaria, for Carrara, for their
predecessors, this idea is no more nor less than that mentioned in books
47 and 48 of the Digest: "The criminal is liable to punishment to the
extent that he is morally guilty of the crime he has committed." The
entire classic school is, therefore, nothing but a series of reforms.
Capital punishment has been abolished in some countries, likewise
torture, confiscation, corporal punishment. But nevertheless the immense
scientific movement of the classic school has remained a mere reform.
Public-domain text, read in full here on John Shaqi.
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