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 50 of 75 (66%)
page 50 of 75 (66%)
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the prisoner is sentenced to one year, seven months, and thirteen days.
Not one day more or less! But the human spectator asks: "If the criminal should happen to be reformed before the expiration of his term, should he be retained in prison?" The judge replies: "I don't care, he stays in one year, seven months, and thirteen days!" Then the human spectator says: "But suppose the criminal should not yet be fit for human society at the expiration of his term?" The judge replies: "At the expiration of his term he leaves prison, for when he has absolved his last day, he has paid his debt!" This is the same case as that of the imaginary physician who says: "You have heart trouble? Then take a quart of rhubarb decoction and stay twelve days in the hospital." Another patient says: "I have broken my leg." And the doctor: "All right, take a pint of rhubarb decoction and 17 days in the hospital." A third has inflammation of the lungs, and the doctor prescribes three quarts of rhubarb decoction and three months in the hospital. "But if my inflammation is cured before that time?" "No matter," says the doctor, "you stay in three months." "But if I am not cured of my lung trouble after three months?" "No matter," says the doctor, "you leave after three months." To such results have wise men been led by a system of penal justice, which is a denial of all elementary common sense. They have forgotten the personality of the criminal and occupied themselves exclusively with crime as an abstract juristic phenomenon. In the same manner, the old style medicine occupied itself with disease as such, as an abstract pathological phenomenon, without taking into account the personality of the patient. The ancient physicians did not consider whether a patient was well or ill nourished, young or old, strong or weak, nervous or |
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