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 34 of 75 (45%)
page 34 of 75 (45%)
![]() | ![]() |
|
have been spilled in the attempt to find the distinguishing elements of
these two degrees of crime. And finally, when the German legislator concluded to make no distinction between incompleted and attempted crime and to recognize only the completed crime in his code of 1871, we witnessed the spectacle of Carrara praising that legislator for leaving that subtile distinction out of his code. A strange conclusion on the part of a science, which cudgels its brains for a century to find the marks of distinction between attempted and incompleted crime, and then praises the legislator for ignoring it. And another classic jurist, Buccellati, proposed to do away with the theory of attempted crime by simply defining it as a crime by itself, or as--a violation of police laws! A science which comes to such conclusions is a science which moves in metaphysical abstractions, and we shall see that all these finespun questions which abound in classical science lose all practical value before the necessity of saving society from the plague of crime. The method which we, on the other hand, have inaugurated is the following: Before we study crime from the point of view of a juristic phenomenon, we must study the causes to which the annual recurrence of crimes in all countries is due. These are natural causes, which I have classified under the three heads of anthropological, telluric and social. Every crime, from the smallest to the most atrocious, is the result of the interaction of these three causes, the anthropological condition of the criminal, the telluric environment in which he is living, and the social environment in which he is born, living and operating. It is a vain beginning to separate the meshes of this net of criminality. There are still those who would maintain the one-sided standpoint that the origin of crime may be traced to only one of these elements, for instance, to the social element alone. So far as I am concerned, I have combatted this opinion from the very inauguration of |
|