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 48 of 75 (64%)
page 48 of 75 (64%)
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exception of cases of minors, deaf mutes, inebriates, and maniacs.
In fact, the classic school of criminology regards all thieves as THE thief, all murderers as THE murderer, and the human shape disappears in the mind of the legislator, while it re-appears before the judge. Before the essayist and legislator, the criminal is a sort of moving dummy, on whose hack the judge may paste an article of the penal code. If you leave out of consideration the established cases of exceptional and rare human psychology mentioned in the penal code, all other cases serve the judge merely as an excuse to select from the criminal code the number of that article which will fit the criminal dummy, and if he should paste 404 instead of 407 on its back, the court of appeals would resist, any change of numbers. And if this dummy came to life and said: "The question of my number may be very important for you, but if you would study all the conditions that compelled me to take other people's things, you would realize that this importance is very diagrammatic," the judge would answer: "That's all right for the justice of the future, but it isn't now. You are number 404 of the criminal code, and after leaving this court room with this number pasted legally on your back, you will receive another number, for you will enter prison as number 404 and will exchange it for entry number 1525, or some other, because your personality as a man disappears entirely before the enactment of social justice!" And then it is pretended that this man, whose personality is thus absurdly ignored, should leave prison cured of all degeneration, and if he falls back into the path of thorns of his misery and commits another crime, the judge simply pastes another article over the other, by adding number 80 or 81, which refer to cases of relapse, to number 404! In this way the classic school of criminology came to its unit of |
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