of the sentiments of the criminal, his moral sense, his behavior before,
during and after the criminal act, the presence of remorse which people,
judging the criminal after their own feelings, always suppose the
criminal to feel, while, in fact, it is seldom present. This is the
anthropological factor, which may assume a pathological form, in which
case articles 46 and 47 of the penal code remember that there is such a
thing as the personality of the criminal. However, aside from insanity,
there are thousands of other organic and psychological conditions of the
personality of criminals, which a judge might perhaps lump together
under the name of extenuating circumstances, but which science desires
to have thoroughly investigated. This is not done today, and for this
reason the idea of extenuating circumstances constitutes a denial of
justice.

This same anthropological factor also includes that which each one of us
has: the race character. Nowadays the influence of race on the destinies
of peoples and persons is much discussed in sociology, and there are
one-sided schools that pretend to solve the problems of history and
society by means of that racial influence alone, to which they attribute
an absolute importance. But while there are some who maintain that the
history of peoples is nothing but the exclusive product of racial
character, there are others who insist that the social conditions of
peoples and individuals are alone determining. The one is as much a
one-sided and incomplete theory as the other. The study of collective
society or of the single individual has resulted in the understanding
that the life of society and of the individual is always the product of
the inextricable net of the anthropological, telluric and social
elements. Hence the influence of the race cannot be ignored in the study
of nations and personalities, although it is not the exclusive factor
which would suffice to explain the criminality of a nation or an