The Positive School of Criminology - Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 by Enrico Ferri
page 29 of 75 (38%)
page 29 of 75 (38%)
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When a crime is committed in some place, attracting public attention
either through the atrocity of the case or the strangeness of the criminal deed--for instance, one that is not connected with bloodshed, but with intellectual fraud--there are at once two tendencies that make themselves felt in the public conscience. One of them, pervading the overwhelming majority of individual consciences, asks: How is this? What for? Why did that man commit such a crime? This question is asked by everybody and occupies mostly the attention of those who do not look upon the case from the point of view of criminology. On the other hand, those who occupy themselves with criminal law represent the other tendency, which manifests itself when acquainted with the news of this crime. This is a limited portion of the public conscience, which tries to study the problem from the standpoint of the technical jurist. The lawyers, the judges, the officials of the police, ask themselves: What is the name of the crime committed by that man under such circumstances? Must it be classed us murder or patricide, attempted or incompleted manslaughter, and, if directed against property, is it theft, or illegal appropriation, or fraud? And the entire apparatus of practical criminal justice forgets at once the first problem, which occupies the majority of the public conscience, the question of the causes that led to this crime, in order to devote itself exclusively to the technical side of the problem which constitutes the juridical anatomy of the inhuman and antisocial deed perpetrated by the criminal. In these two tendencies you have a photographic reproduction of the two schools of criminology. The classic school, which looks upon the crime as a juridical problem, occupies itself with its name, its definition, its juridical analysis, leaves the personality of the criminal in the background and remembers it only so far as exceptional circumstances explicitly stated in the law books refer to it: whether he is a minor, a |
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