Law." Giovanni Bovio performed in this monograph the function of a
critic, but the historical time of his thought, prevented him from
taking part in the construction of a new science. However, he prepared
the ground for new ideas, by pointing out all the rifts and weaknesses
of the old building. Bovio maintained that which Gioberti, Ellero,
Conforti, Tissol had already maintained, namely that it is impossible to
solve the problem which is still the theoretical foundation of the
classic school of criminology, the problem of the relation between
punishment and crime. No man, no scientist, no legislator, no judge, has
ever been able to indicate any absolute standard, which would enable us
to say that equity demands a definite punishment for a definite crime.
We can find some opportunistic expedient, but not a solution of the
problem. Of course, if we could decide which is the gravest crime, then
we could also decide on the heaviest sentence and formulate a descending
scale which would establish the relative fitting proportions between
crime and punishment. If it is agreed that patricide is the gravest
crime, we meet out the heaviest sentence, death or imprisonment for
life, and then we can agree on a descending scale of crime and on a
parallel scale of punishments. But the problem begins right with the
first stone of the structure, not with the succeeding steps. Which is
the greatest penalty proportional to the crime of patricide? Neither
science, nor legislation, nor moral consciousness, can offer an absolute
standard. Some say: The greatest penalty is death. Others say: No,
imprisonment for life. Still others say: Neither death, nor imprisonment
for life, but only imprisonment for a time. And if imprisonment for a
time is to be the highest penalty, how many years shall it last
--thirty, or twenty-five, or ten?

No man can set up any absolute standard in this matter. Giovanni Bovio
thus arrived at the conclusion that this internal contradiction in the