CHAPTER VIII

CONCLUSIONS 244

PART TWO

BOOK I

THE PRESENT ECONOMIC SYSTEM AND ITS CONSEQUENCES

CHAPTER I

THE PRESENT ECONOMIC SYSTEM 247

CHAPTER II

SOCIAL CONDITION OF THE DIFFERENT CLASSES

A. The Bourgeoisie 263

B. The Petty Bourgeoisie 267

C. The Proletariat 269

D. The Lower Proletariat 275

CHAPTER III

THE RELATION OF THE SEXES AND OF THE FAMILY

A. Marriage 291

B. The Family 307

C. Prostitution 321

CHAPTER IV

ALCOHOLISM 357

CHAPTER V

MILITARISM 374

BOOK II

CRIMINALITY

CHAPTER I

GENERAL CONSIDERATIONS

A. Definition of Crime 377

B. The Origin of Egoistic Acts in General 381

C. Egoistic Tendencies Resulting from the Present

Economic System and its Consequences 401

a. The Present Economic System 402

b. The Proportion in which the Different Classes

are Guilty of Crime 436

c. Marriage 449

d. The Criminality of Women 463

e. The Family 478

f. Prostitution 504

g. Alcoholism 508

h. Militarism 516

i. The Penalty 519

j. Imitation 528

k. Conclusions 532

D. Individual Differences 534

E. The Classification of Crime 536

CHAPTER II

ECONOMIC CRIMES

A. Vagrancy and Mendicity 546

B. Theft and Analogous Crimes 563

a. Thefts Committed from Poverty 564

b. Theft Committed from Cupidity 571

c. Crimes Committed by Professional Criminals 579

C. Robbery and Analogous Crimes 589

D. Fraudulent Bankruptcy, Adulteration of Food, and

Analogous Crimes 599

CHAPTER III

SEXUAL CRIMES

A. Adultery 609

B. Rape and Indecent Assaults upon Adults 612

C. Rape and Indecent Assaults upon Children 621

CHAPTER IV

CRIMES FROM VENGEANCE AND OTHER MOTIVES

A. Crimes Committed from Vengeance 625

B. Infanticide 644

CHAPTER V

POLITICAL CRIMES 648

CHAPTER VI

PATHOLOGICAL CRIMES 656

CHAPTER VII

CONCLUSIONS 667

BIBLIOGRAPHY 673

INDEX 701

GENERAL INTRODUCTION TO THE MODERN CRIMINAL SCIENCE SERIES.

At the National Conference of Criminal Law and Criminology, held in

Chicago, at Northwestern University, in June, 1909, the American

Institute of Criminal Law and Criminology was organized; and, as a part

of its work, the following resolution was passed:

“Whereas, it is exceedingly desirable that important treatises on

criminology in foreign languages be made readily accessible in the

English language, Resolved, that the president appoint a committee of

five with power to select such treatises as in their judgment should be

translated, and to arrange for their publication.”

The Committee appointed under this Resolution has made careful

investigation of the literature of the subject, and has consulted by

frequent correspondence. It has selected several works from among the

mass of material. It has arranged with publisher, with authors, and

with translators, for the immediate undertaking and rapid progress of

the task. It realizes the necessity of educating the professions and

the public by the wide diffusion of information on this subject. It

desires here to explain the considerations which have moved it in

seeking to select the treatises best adapted to the purpose.

For the community at large, it is important to recognize that criminal

science is a larger thing than criminal law. The legal profession in

particular has a duty to familiarize itself with the principles of that

science, as the sole means for intelligent and systematic improvement

of the criminal law.

Two centuries ago, while modern medical science was still young,

medical practitioners proceeded upon two general assumptions: one as to

the cause of disease, the other as to its treatment. As to the cause of

disease,—disease was sent by the inscrutable will of God. No man could

fathom that will, nor its arbitrary operation. As to the treatment of

disease, there were believed to be a few remedial agents of universal

efficacy. Calomel and blood-letting, for example, were two of the

principal ones. A larger or smaller dose of calomel, a greater or less

quantity of bloodletting,—this blindly indiscriminate mode of treatment

was regarded as orthodox for all common varieties of ailment. And so

his calomel pill and his bloodletting lancet were carried everywhere

with him by the doctor.

Nowadays, all this is past, in medical science. As to the causes of

disease, we know that they are facts of nature,—various, but

distinguishable by diagnosis and research, and more or less capable of

prevention or control or counter-action. As to the treatment, we now

know that there are various specific modes of treatment for specific

causes or symptoms, and that the treatment must be adapted to the

cause. In short, the individualization of disease, in cause and in

treatment, is the dominant truth of modern medical science.

The same truth is now known about crime; but the understanding and the

application of it are just opening upon us. The old and still dominant

thought is, as to cause, that a crime is caused by the inscrutable

moral free will of the human being, doing or not doing the crime, just

as it pleases; absolutely free in advance, at any moment of time, to

choose or not to choose the criminal act, and therefore in itself the

sole and ultimate cause of crime. As to treatment, there still are just

two traditional measures, used in varying doses for all kinds of crime

and all kinds of persons,—jail, or a fine (for death is now employed in

rare cases only). But modern science, here as in medicine, recognizes

that crime also (like disease) has natural causes. It need not be

asserted for one moment that crime is a disease. But it does have

natural causes,—that is, circumstances which work to produce it in a

given case. And as to treatment, modern science recognizes that penal

or remedial treatment cannot possibly be indiscriminate and

machine-like, but must be adapted to the causes, and to the man as

affected by those causes. Common sense and logic alike require,

inevitably, that the moment we predicate a specific cause for an

undesirable effect, the remedial treatment must be specifically adapted

to that cause.

Thus the great truth of the present and the future, for criminal

science, is the individualization of penal treatment,—for that man, and

for the cause of that man’s crime.

Now this truth opens up a vast field for re-examination. It means that

we must study all the possible data that can be causes of crime,—the

man’s heredity, the man’s physical and moral make-up, his emotional

temperament, the surroundings of his youth, his present home, and other

conditions,—all the influencing circumstances. And it means that the

effect of different methods of treatment, old or new, for different

kinds of men and of causes, must be studied, experimented, and

compared. Only in this way can accurate knowledge be reached, and new

efficient measures be adopted.

All this has been going on in Europe for forty years past, and in

limited fields in this country. All the branches of science that can

help have been working,—anthropology, medicine, psychology, economics,

sociology, philanthropy, penology. The law alone has abstained. The

science of law is the one to be served by all this. But the public in

general and the legal profession in particular have remained either

ignorant of the entire subject or indifferent to the entire scientific

movement. And this ignorance or indifference has blocked the way to

progress in administration.

The Institute therefore takes upon itself, as one of its aims, to

inculcate the study of modern criminal science, as a pressing duty for

the legal profession and for the thoughtful community at large. One of

its principal modes of stimulating and aiding this study is to make

available in the English language the most useful treatises now extant

in the Continental languages. Our country has started late. There is

much to catch up with, in the results reached elsewhere. We shall, to

be sure, profit by the long period of argument and theorizing and

experimentation which European thinkers and workers have passed

through. But to reap that profit, the results of their experience must

be made accessible in the English language.

The effort, in selecting this series of translations, has been to

choose those works which best represent the various schools of thought

in criminal science, the general results reached, the points of contact

or of controversy, and the contrasts of method—having always in view

that class of works which have a more than local value and could best

be serviceable to criminal science in our country. As the science has

various aspects and emphases—the anthropological, psychological,

sociological, legal, statistical, economic, pathological—due regard was

paid, in the selection, to a representation of all these aspects. And

as the several Continental countries have contributed in different ways

to these various aspects,—France, Germany, Italy, most abundantly, but

the others each its share,—the effort was made also to recognize the

different contributions as far as feasible.

The selection made by the Committee, then, represents its judgment of

the works that are most useful and most instructive for the purpose of

translation. It is its conviction that this Series, when completed,

will furnish the American student of criminal science a systematic and

sufficient acquaintance with the controlling doctrines and methods that

now hold the stage of thought in Continental Europe. Which of the

various principles and methods will prove best adapted to help our

problems can only be told after our students and workers have tested

them in our own experience. But it is certain that we must first

acquaint ourselves with these results of a generation of European

thought.

In closing, the Committee thinks it desirable to refer the members of

the Institute, for purposes of further investigation of the literature,

to the “Preliminary Bibliography of Modern Criminal Law and

Criminology” (Bulletin No. 1 of the Gary Library of Law of Northwestern

University), already issued to members of the Conference. The Committee

believes that some of the Anglo-American works listed therein will be

found useful.

Committee on Translations.

Chairman, John H. Wigmore,

Professor of Law in Northwestern University, Chicago.

Ernst Freund,

Professor of Law in the University of Chicago.

Maurice Parmelee,

Professor of Sociology in the State University of Missouri.

Roscoe Pound,

Professor of Law in Harvard University.

Edward Lindsay,

Of the Warren, Pa., Bar.

Wm. W. Smithers,

Secretary of the Comparative Law Bureau of the American Bar

Association, Philadelphia, Pa.

EDITORIAL PREFACE TO THE PRESENT VOLUME.

By Edward Lindsey.

Any adequate study of the phenomena of crime and of the criminal must

take into account the economic phase—must consider the subject matter

of the study from the economic standpoint; for while few will follow

the socialist theorists in the controlling importance they assign to

the economic factors of social life it is nevertheless manifest that

these factors are powerful elements in the totality of social

conditions and must be given due consideration in the survey of all

societal phenomena, including that of crime. The work selected to

represent this viewpoint in the Modern Criminal Science Series is that

of one of the younger criminalists—an able and thorough study of the

effect of economic conditions on crime and distinguished by the

extensive and critical use made of a wide range of statistical data.

William Adrian Bonger, the author of the work here translated, of

Amsterdam, Holland, is a Dutch Publicist, a pupil of Professor Van

Hamel, well known as one of the founders of the International Union of

Penal Law and the most eminent of Dutch students of criminology. He was

born at Amsterdam, September 6, 1876, and received the degree of Doctor

in Law from the University of Amsterdam in June, 1905. The first part

of the present work, which consists of a survey, with copious extracts

and critical comments, of the previous literature upon the subject of

the relation of crime to economic conditions is a revision of a thesis

originally presented at the University.

Dr. Bonger is also the author of “Religion and Crime: A Criminological

Study”; Leiden, 1913, and numerous articles in Dutch and German

periodicals. Among these are the following in “Nieuwe Tijd” (The New

Age), a well-known Dutch socialist review: “An Apology for War”, a

critical review of “Die Philosophie des Krieges” by Professor Steinmetz

(1908); “Capital and Income in the Netherlands” (1910); “Marxism and

Revisionism” (1910); “Crime and Socialism: A Contribution to the Study

of Criminality in the Netherlands” (1911); and “Religion and Irreligion

in the Netherlands” (1911). Two noteworthy contributions to “Neue Zeit”

are “Cesare Lombroso” in Vol. XXVIII, number one (1910), and

“Verbrechen und Sozialismus: Zugleich ein Beitrag zum Studium der

Kriminalität im Deutschland” in Vol. XXX, number two (1912). In 1912

also appeared “The Social Factors of Crime and their Significance in

Comparison with the Individual Causes” in Vol. XXIII of the

“Tijdschrift voor Strafrecht”, the only Dutch journal of criminal law.

In the first part of this work, instead of stating in his own language

the views expressed in the previous literature on the subject Dr.

Bonger has by extracts from the various authors given us their opinions

in their own language, adding brief critical comments of his own. The

second part contains Dr. Bonger’s own discussion of the phenomena of

crime based upon an unusually thorough collection of statistical data

and the elaboration of his views. In the selection of authors from whom

he quotes Dr. Bonger shows his sympathy with the social philosophy of

socialism which appears as well in the exposition of his own

explanation of criminality; but the facts which he collects together

with the evidence on which they rest are so explicitly set forth and

his own conclusions so carefully distinguished that the value of the

study is not diminished even for those who are not disposed to accept

his social philosophy.

Dr. Bonger sees clearly that the concept of crime is a social and not a

biological one. It is the social value or harmfulness of acts or

conduct that is involved in the concept and if we use terms that have a

predominantly biological connotation such as “normal” or “abnormal”, we

must be careful to distinguish that use as referring to a social

standard or we will be in danger of a confusion of thought. That some

of the acts which society has classed as crimes may be deemed

pathological is incidental; it is not on this account that they are

termed crimes but because they are socially detrimental. That some of

the individuals who have committed crimes may be called “abnormal” is

incidental; it is not because of this that they are classified as

criminals. That the economic factor has a large influence in connection

with that kind of conduct the social significance of which stamps it as

criminal the author abundantly shows. The extent to which this is the

case and the extent to which the economic conditions involved are

inherent in our present social organization are matters on which there

will be difference of opinion with the author. Dr. Bonger’s expressed

belief that his main positions will be received without sympathy in

this country we venture to think will not prove to be well founded. On

the contrary so clearly has he set them forth and so well has he

supported them that they can hardly fail of appreciation. If this work

serves to some extent as a corrective to a too prevalent tendency

toward a confusion of thought between biological and social concepts

and standards in the study of human conduct—and especially that kind of

conduct which we have deemed so socially detrimental as to brand as

crime—its inclusion in this series will be amply justified.

Warren, Pa.

February 26, 1916.

INTRODUCTION TO THIS VOLUME.

By Frank H. Norcross. [1]

Dr. Bonger’s work—“Criminality and Economic Conditions”—will arrest the

attention of students of criminology, sociology and kindred subjects.

In it, also, the political economist may delve with profit.

The eminent scholar and author in his preface to the American edition

expresses the conviction that his “ideas about the etiology of crime

will not be shared by a great many readers of the American edition,”

and, also, “that the book is sure to meet with many disapproving

critics on this side of the ocean.” The distinguished author may be

agreeably disappointed in the number of American readers who will agree

in a large measure with his conclusions as to the causes of crime

generally. I am inclined to think that the remedy which Dr. Bonger

proposes is more apt to elicit controversy than the correctness of his

diagnosis. The great value of Dr. Bonger’s work to Americans, however,

will be independent of the number of readers who concede the force of

his reasoning or accept the logic of his conclusions. Disagree with the

author’s conclusions as the reader may and its value to the reader will

not be impaired. One cannot take issue with the conclusions of a

scholar based on study and research, without an exercise of processes

of the mind valuable to the reader, and probably so to others. From the

right quantity and quality of criticism comes the truth. One of the

most valuable portions of Dr. Bonger’s work will be found in his own

criticisms of the writings of other European authors, particularly

those comprising the so-called Italian and French schools.

“Criminality and Economic Conditions” is the nearest approach to an

exhaustive treatment of the question of the agencies productive of

crime which has thus far been published in this country. The work is a

result of great study and research, and little existing data can have

been overlooked. Agree or not with the conclusions of the author, doubt

the force of his reasoning if one will, nevertheless, such reasoning

and conclusions have their basis in statistics and data furnished, from

which other reasoning or conclusions may be formed if the reader thinks

the author’s conclusions are not supported by the facts.

Whether existing economic conditions are fundamentally wrong, and crime

is but the natural concomitant of a false economic basis upon which

society is organized, is a controversial question which is so

forcefully presented by the author that the reader must concede that

his views have been presented by a master.

Dr. Bonger’s thesis, doubtless, will have the effect of increasing the

number of Americans who regard environment as the greatest contributory

cause of crime and who place heredity or innate criminality in a

subordinate position, though many may continue to regard these matters

as of greater importance than the author attributes to them. The author

does not hesitate to express his contempt for the theory recently

espoused by some Americans that “sterilization” may be an effective

method of reducing the “army of criminals.” “One should be inclined to

ask,” he says, “if the advocates of ‘sterilization’ have never heard of

Australia, where a considerable number of inhabitants have descended

from the worst of criminals and where yet the rate of criminality is

low.” The Australian might reply that this is not a fair test, for at

the time England was transporting so many of her criminals to

Australia, the English criminal code was so drastic that “the worst of

criminals” constituted but a small per cent of those who became its

victims. But this observation does not militate against the correctness

of the Doctor’s observation that “sterilization” is “as useful as the

efforts to stop with a bottle a brook in its course.” If the advocates

of “sterilization” are wrong in their theory, it is only illustrative

of the fact that we Americans have been so busy developing a new

country that, until very recent years, we gave no thought to the

immense problem of the causes of crime, or attempted to apply to the

subject any sort of intelligent, to say nothing of scientific,

consideration. When at last it dawned upon a few of the American people

that the cost in dollars and cents of dealing with our crime problem,

to say nothing of the incidental economic waste, exceeded a billion

dollars annually, or, as Professor Münsterberg in one of his books

forcibly puts it: “that this country spends annually five hundred

millions of dollars more on fighting the existing crime than on all its

works of charity, education, and religion”,—it began to be considered

worth while to study this tremendous social problem with a view, if

possible, of improving conditions. Those who investigated the subject

found little in the way of statistics or reliable data upon which to

base a study of conditions with a view of applying remedies. Some few

had written upon various phases of the subject. It was not, however,

until the organization of the American Institute of Criminal Law and

Criminology in 1909 that intelligent direction along practical lines

was given to a study by Americans of this great social and economic

problem. The Journal of the Institute was the first periodical of its

kind published in the English language. In Continental Europe a number

of such journals were being published and many students of the problem

had contributed valuable works upon different phases of the subject.

The American Institute has deemed the quickest way for Americans to

become abreast of the best modern thought on criminal law and

criminology, is to make available for American readers the best

scientific thought of European writers, hence, “The Modern Criminal

Science Series,” of which Dr. Bonger’s work becomes one of the most

valuable volumes.

Until very recent years, most American judges and prosecuting attorneys

gave little thought to the underlying causes of crime. It was the

general assumption that courts and court officers had performed their

full functions when the guilt or innocence of a defendant had been

determined and he was discharged or committed to some penal

institution. Here again little thought was given to the one

incarcerated other than to hold and generally to exploit him until by

law he was entitled to be discharged. Those whose province it was to

get men into prison and those whose duty it was to keep them in custody

gave little attention to the question whether the convict was a better

or a worse unit of society when he came out than when he entered upon a

prison term. Even less thought was given to the more important

question—why so many commit crime at all. If normal human beings under

normal conditions do not commit crime, then crime is evidence of the

abnormal, either in the person or in the condition. If this is a

correct hypothesis, then the administration of criminal law must to a

greater degree in the future than in the past be predicated upon a

comprehension and due consideration of this fact.

If, in order to materially reduce the quantum of crime, it is necessary

to change the economic basis upon which modern society rests and

reorganize it “based upon the community of the means of production”,

then the outlook for an early diminution in the volume of crime may not

be overly encouraging. Such a change in the economic basis of society

is hardly to be expected otherwise than as the result of the slow

process of social evolution. Progress in this respect has not been

perceptibly rapid since Moses gave to the world the Book of

Deuteronomy. Many abuses of our present economic system, however, may

be modified or abolished without waiting for or conceding the necessity

of the change which the eminent scholar holds is fundamental.

Again, in conclusion, let me reiterate that the value of Dr. Bonger’s

work does not depend upon an agreement with all the views of the

author. The book will bring to the American reader a depth and breadth

of view most valuable to the administrators of criminal law and to

those interested in the wider field of general social progress.

Carson City, Nevada,

February 18, 1916.

TRANSLATOR’S NOTE.

This translation is based upon the Amsterdam edition of 1905, but the

translator has been furnished by the author not only with special notes

for the American edition, but also with the latest corrections to the

French text. Dr. Bonger has also furnished a revised bibliography, and

kindly wrote the American preface in English. In the translation some

slight condensation of the work has been made, with the approval of the

committee, by the omission of a few passages of a parenthetical nature,

in quotations and notes. The very valuable bibliographical notes have

been retained intact. Grateful acknowledgment is due to the Editorial

Committee for suggestions as to some difficult legal terms, and to Mr.

Georgio de Grassi for assistance in the translation of Italian

passages.

Henry P. Horton.

Ithaca, N.Y.,

September, 1914.

CRIMINALITY AND ECONOMIC CONDITIONS

PREFACE TO THE AMERICAN EDITION.

The resolution of the “Committee on Translations of the American

Institute of Criminal Law and Criminology” to include my book

“Criminalité et conditions économiques” among the European works, that

were assigned for translation was welcomed by me with gladness. The

fact that the difference of language is an obstacle for many to become

acquainted with a book, is for its author very disagreeable. This was

also the reason which obliged me to publish my work not in my own but

in the French language.

I am fully convinced that my ideas about the etiology of crime will not

be shared by a great many readers of the American edition. As far as I

can see, in the English-speaking countries the causes of criminality

are sought in man himself rather than in his surroundings. Heredity,

too, is considered there of great importance. Hence the attempts to

reduce the army of criminals by so-called “sterilization.” Against this

point of view my book is in sharp opposition; I consider it one of the

most fatal errors. There was a time in Europe when it was thought with

Lombroso that crime was rooted in man himself; the progress of

sociology has shown more and more clearly that the roots are found

outside man, in society. There is nothing more variable than man! That

heredity plays a great part on the scene of criminality has never been

proved. Have the advocates of “sterilization”, one should be inclined

to ask, never heard of Australia, where a considerable number of the

inhabitants are descended from the worst of criminals, and where yet

the rate of criminality is low? The army of prostitution has been for a

great many centuries by far more “sterile” than the army of criminals

can ever be made, and yet prostitution is not decreased; the increase

and decrease of this phenomena is ruled by social factors. In short,

the effect of “sterilization” seems to me as useful as the efforts to

stop with a bottle a brook in its course, as Manouvrier once called it.

On the other hand I beg the adherents of the individualistic theory of

crime to take into consideration that in some European countries the

beginning of the rise of the lower classes, who form the greatest

contingent of criminals, has been sufficient to arrest the increase of

crime, even in many cases to occasion a decrease.

My book will thus be sure to meet with many disapproving critics on the

other side of the ocean. I fear them not. If only facts are opposed to

facts, truth will come to light. “Du choc des opinions jaillit la

vérité!”

According to my undertaking I have stated in notes the principal

literature of the latest years. In concert with the desire of the

Committee I have shortened the text as much as possible. The whole

passage about “race and crime” I have omitted because—maintaining in

general what I had written about it—I now have much more to say on the

subject, but the space therefor was not at my disposition. For the same

reason I left the passage on “Physical Environment and Crime” as it

was. The treatment in detail of both these questions will take place in

due time elsewhere.

I will not close this preface without assuring the Committee on

Translations how highly I value their broad view and large-minded

resolution to give a hearing to one whose opinions differ so much from

the usual. To my translator, my hearty thanks for the good care

bestowed on my book.

W. A. Bonger.

Amsterdam,

June, 1914.

THE AUTHOR’S PREFACE TO THE ORIGINAL EDITION.

Honorable mention has been given to the first part of this work, which

was written upon a subject proposed by the juridical faculty of the

University of Amsterdam, and entitled “A Systematic and Critical

Exposition of the Literature Dealing with the Relation between

Criminality and Economic Conditions.” To this exposition I have added

the opinions of some additional authors, and have treated some others

more fully than in the original; but on the whole this part of the work

has been little changed. The second part, on the other hand, is almost

entirely new; though it is true that in my thesis I had already marked

out a line of investigation which, in my opinion, required a profound

study of the relation between criminality and economic conditions. The

period of one year fixed by the faculty was too limited a time in which

to give more than a brief survey of the question. I have left the

exposition as it was without restating it in the second part (now the

more important division of the work), although I am aware that

objections might be made, especially as to the form. However, I have

not felt that these are of sufficient importance to demand a complete

recasting of the work.

I take advantage of this opportunity to express my sincere thanks to

those who have expressed their good will by lending me their aid;

especially to my highly esteemed colleague, Professor G. A. van Hamel,

and my friends Dr. A. Aletrino and N. W. Posthumus.

Amsterdam,

February, 1905.

I have taken great pains neither to deride human actions,

nor to deplore them, nor to detest them, but to understand them.

—Spinoza.

INTRODUCTION.

In systematizing the literature of my subject I have pursued the

following method: I begin with some significant extracts from authors

who wrote before the birth of modern criminal science. After these I

take up the statisticians, that is to say, those who, without belonging

to any special school of criminologists, have treated the subject

principally by the aid of statistics. Next I give an exposition of the

school which insists especially upon the individual factors in crime,

and ascribes only a secondary place to economic factors (the Italian

school); following this I treat of the school which considers the rôle

played by environment as very important (the French school); and

afterwards that of the bio-sociological doctrine which forms the

synthesis of the two schools. Then follow the “spiritualists”, that is

to say the religious authors who have been more or less influenced by

modern criminal science; and finally, the authors who belong to the

“terza scuola”, and the socialists who consider the influence of

economic conditions as being very important or even decisive. The

authors coming under the same heading have been treated in

chronological order.

Like every classification this is more or less arbitrary. Several

authors might have been placed under two different headings. We may add

that as time goes on the differences between the Italian and French

schools are becoming less and less marked, so that their opinions and

those of the bio-sociologists no longer show any great divergences as

far as our subject is concerned.

PART ONE.

CRITICAL EXPOSITION OF THE LITERATURE DEALING WITH

THE RELATION BETWEEN CRIMINALITY AND ECONOMIC CONDITIONS.

CHAPTER I.

THE PRECURSORS.

AUTHORS WHO TREATED THE SUBJECT BEFORE THE BIRTH

OF MODERN CRIMINAL SCIENCE.

I.

THOMAS MORE. [2]

In the first part of his “Utopia” More severely criticises the economic

conditions of his time in England, and adds some observations upon the

criminality of that period.

Raphael Hythloday, whom More makes the speaker in his work, and through

whom he expresses his own opinions, says:

“It chanced on a certain day, when I sat at the Cardinal’s table, there

was also a certain lay man cunning in the laws of your realm. Who, I

cannot tell whereof taking occasion, began diligently and earnestly to

praise that strait and rigorous justice, which at that time was there

executed upon felons, who, as he said, were for the most part twenty

hanged together upon one gallows. And, seeing so few escaped

punishment, he said he could not choose but greatly wonder and marvel,

how and by what evil luck it should so come to pass, that thieves

nevertheless were in every place so rife and so rank.

“Nay, Sir, quod I (for I durst boldly speak my mind before the

Cardinal) marvel nothing hereat; for this punishment of thieves passeth

the limits of justice, and is also very hurtful to the public weal. For

it is too extreme and cruel a punishment for theft, and yet not

sufficient to refrain and withhold men from theft. For simple theft is

not so great an offense, that it ought to be punished with death.

Neither is there any punishment so horrible, that it can keep them from

stealing, which have no other craft whereby to get their living.

Therefore in this point, not you only, but also the most part of the

world, be like evil schoolmasters, which be readier to beat, than to

teach their scholars. For great and horrible punishments be appointed

for thieves, whereas much rather provision should have been made, that

there were some means, whereby they might get their living, so that no

man should be driven to this extreme necessity, first to steal, and

then to die.

“Yes (quod he) this matter is well enough provided for already. There

be handicrafts, there is husbandry to get their living by, if they

would not willingly be nought. Nay, quod I, you shall not scape so; for

first of all, I will speak nothing of them that come home out of the

wars, maimed and lame, as not long ago, out of Blackheath field, and a

little before that, out of the wars in France; such, I say, as put

their lives in jeopardy for public weal’s or the king’s sake, and by

reason of weakness or lameness be not able to occupy their old crafts,

and be too aged to learn new; of them I will speak nothing, forasmuch

as wars have their ordinary recourse. But let us consider those things

that chance daily before our eyes. First there is a great number of

gentlemen, which can not be content to live idle themselves, like

drones, of that which others have labored for; their tenants, I mean,

whom they poll and shave to the quick, by raising their rents (for this

only point of frugality do they use, men else through their lavish and

prodigal spending, able to bring themselves to very beggary) these

gentlemen, I say, do not only live in idleness themselves, but also

carry about with them at their tails a great flock or train of idle and

loitering serving men, which never learn any craft whereby to get their

livings. These men as soon as their master is dead, or be sick

themselves, be incontinent thrust out of doors. For gentlemen had

rather keep idle persons, than sick men, and many times the dead man’s

heir is not able to maintain so great a house, and keep so many serving

men as his father did. Then in the mean season they that be thus

destitute of service, either starve for hunger, or manfully play the

thieves. For what would you have them do? When they have wandered

abroad so long, until they have worn threadbare their apparel, and also

impaired their health, then gentlemen because of their pale and sickly

faces, and patched coats, will not take them into service. And

husbandmen dare not set them a work, knowing well enough that he is

nothing meet to do true and faithful service to a poor man with a spade

and a mattock for small wages and hard fare, which being daintily and

tenderly pampered up in idleness and pleasure, was wont with a sword

and buckler by his side to jet through the street with a bragging look,

and to think himself to be as good as any man’s mate.

“Nay, by Saint Mary, sir (quod the lawyer), not so. For this kind of

man must we make the most of. For in them as men of stouter stomachs,

bolder spirits, and manlier courages than handicrafts men and plowmen

be, doth consist the whole power, strength, and puissance of our army,

when we must fight in battle. Forsooth, sir, as well you might say

(quod I) that for war’s sake we must cherish thieves. For surely you

shall never lack thieves while you have them. No, nor thieves be not

the most false and faint-hearted soldiers, nor soldiers be not the

cowardliest thieves; so well these two crafts agree together. But this

fault, though it be much used among you, yet is not peculiar to you

only, but common also almost to all nations. Yet France besides this is

troubled and infected with a much sorer plague. The whole realm is

filled and besieged with hired soldiers in peace time (if that be

peace) which be brought in under the same color and pretense, that hath

persuaded you to keep these idle serving men. For these wise fools and

very archdolts thought the wealth of the country herein to consist, if

there were ever in readiness a strong and sure garrison, specially of

old practised soldiers, for they put no trust at all in men

unexercised. And therefore they must be forced to seek for war, to the

end that they may have practised soldiers and cunning manslayers, lest

that (as it is prettily said by Sallust) their hands and their minds

through idleness and lack of exercise, should wax dull. But how

pernicious and pestilent a thing it is to maintain such beasts, the

Frenchmen by their own harms have learned, and the examples of the

Romans, Carthaginians, Syrians, and of many other countries do

manifestly declare. For not only the empire, but also the fields and

cities of all these, by divers occasions have been overrunned and

destroyed by their own armies beforehand had in a readiness. Now how

unnecessary a thing this is, hereby it may appear, that the French

soldiers, which from their youth have been practised and inured in

feats of arms, do not crack nor advance themselves to have very often

gotten the upper hand and mastery of your new made and unpractised

soldiers. But in this point I will not use many words, lest perchance I

may seem to flatter you.

“No, nor those same handicraftmen of yours in cities, nor yet the rude

and uplandish plowmen of the country, are not supposed to be greatly

afraid of your gentlemen’s idle serving men, unless it be such as be

not of body or stature correspondent to their strength and courage, or

else whose bold stomachs be discouraged through poverty. Thus you may

see, that it is not to be feared lest they should be effeminated, if

they were brought up in good crafts and laborsome works, whereby to get

their livings, whose stout and sturdy bodies (for gentlemen vouchsafe

to corrupt and spill none but picked and chosen men) now either by

reason of rest and idleness be brought to weakness or else by easy and

womanly exercises be made feeble and unable to endure hardness. Truly

howsoever the case standeth, this methinketh is nothing available to

the public weal, for war’s sake, which you never have, but when you

will yourselves, to keep and maintain an innumerable flock of that sort

of men, that be so troublesome and noyous in peace, whereof you ought

to have a thousand times more regard than of war.

“But yet this is not the only necessary cause of stealing. There is

another, which, as I suppose, is proper and peculiar to you Englishmen

alone. What is that? quod the Cardinal. Forsooth my Lord (quod I) your

sheep that were wont to be so meek and tame, and so small eaters, now

as I hear say, be become so great devourers and so wild, that they eat

up, and swallow down the very men themselves. They consume, destroy,

and devour whole fields, houses, and cities. For look in what parts of

the realm doth grow the finest and therefore dearest wool, there

noblemen and gentlemen, yea and certain abbots, holy men no doubt, not

contenting themselves with the yearly revenues and profits, that were

wont to grow to their forefathers and predecessors of their lands, nor

being content that they live in rest and pleasure nothing profiting,

yea much noying the public weal, leave no ground for tillage, they

inclose all into pastures; they throw down houses; they pluck down

towns, and leave nothing standing, but only the church to be made a

sheephouse. And as though you lost no land by forests, chases, lands,

and parks, those good holy men turn all dwelling places and all

glebeland into desolation and wilderness. Therefore that one covetous

and unsatiable cormorant and very plague of his native country may

compass about and enclose many thousand acres of ground together within

one pale or hedge, the husbandmen be thrust out of their own, or else

either by fraud, or by violent oppression they be put besides it, or by

wrongs and injuries they be so wearied, that they be compelled to sell

all. By one means therefore or by other, either by hook or crook they

must needs depart away, poor, silly, wretched souls, men, women,

husbands, wives, fatherless children, widows, woeful mothers, with

their young babes, and their whole household small in substance and

much in number, as husbandry requireth many hands. Away they trudge, I

say, out of their known and accustomed houses, finding no place to rest

in. All their household stuff, which is very little worth, though it

might well abide the sale; yet being suddenly thrust out, they be

constrained to sell it for a thing of nought. And when they have

wandered abroad till that be spent, what can they do but steal and then

justly pardy be hanged, or else go about begging. Yet then they also be

cast into prison as vagabonds, because they go about and work not, whom

no man will set to work, though they never so willingly profer

themselves thereto. For one shepherd or herdman is enough to eat up

that ground with cattle, to the occupying whereof about husbandry many

hands were requisite.

“And this is also the cause why victuals be now in many places dearer.

Yea, besides this the price of wool is so risen, that poor folks which

were wont to work it, and make cloth thereof, be now able to buy none

at all. And by this means very many be forced to forsake work, and to

give themselves to idleness. For after that so much ground was inclosed

for pasture, an infinite multitude of sheep died of the rot, such

vengeance God took of their inordinate and insatiable covetousness,

sending among the sheep that pestiferous murrain, which much more

justly should have fallen of the sheep-masters’ own heads. And though

the number of sheep increase never so fast, yet the price falleth not

one mite, because there be so few sellers. For they be almost all comen

into a few rich men’s hands, whom no need forceth to sell before they

lust, and they lust not before they may sell as dear as they lust.

“Now the same cause bringeth in like dearth of the other kinds of

cattle, yea and that so much the more, because that after the farms

plucked down and husbandry decayed, there is no man that careth about

the breeding of young stock. For these rich men bring not up the young

ones of great cattle as they do lambs. But first they buy them abroad

very cheap and afterward, when they be fatted in their pastures, they

sell them again exceeding dear. And therefore (as I suppose) the whole

incommodity hereof is not yet felt. For yet they make dearth only in

those places where they sell. But when they fetch them away from thence

where they be bred faster than they can be brought up; then shall there

also be felt great dearth, stock beginning there to fail where the ware

is bought. Thus the unreasonable covetousness of a few hath turned that

thing to the utter undoing of your island, in the which thing the chief

felicity of your realm did consist. For this great dearth of victuals

causeth men to keep as little houses and as small hospitality as they

possibly may, and to put away their servants, whither, I pray you, but

abegging or else (which these gentle bloods and stout stomachs will

sooner set their minds unto) astealing?

“Now to amend the matter, to this wretched beggary and miserable

poverty is joined great wantonness, importunate superfluity and

excessive riot. For not only gentlemen’s servants, but also

handicraftman, yea and almost the plowmen of the country, with all

other sorts of people, use much strange and proud newfangledness in

their apparel, and too much prodigal riot and sumptuous fare at their

table. Now bawds, queans, whores, harlots, strumpets, brothel-houses,

stews, and yet another stews, winetaverns, alehouses and tippling

houses, with so many naughty, lewd, and unlawful games, as dice, cards,

tables, tennis, bowls, quoits, do not all these send the haunters of

them straight astealing when their money is gone?

“Cast out these pernicious abominations, make a law that they, which

plucked down farms and towns of husbandry, shall reëdify them, or else

yield and uprender the possession thereof to such as will go to the

cost of building them anew. Suffer not these rich men to buy up all, to

engross and forestall, and with their monopoly to keep the market alone

as please them. Let not so many be brought up in idleness, let

husbandry and tillage be restored, let clothworking be renewed, that

there may be honest labors for this idle sort to pass their time

profitably, which hitherto either poverty has caused to be thieves, or

else now to be vagabonds, or idle serving men, and shortly will be

thieves. Doubtless unless you find a remedy for these enormities, you

shall in vain advance yourselves of executing justice upon felons. For

this justice is more beautiful in appearance, and more flourishing to

the show, than either just or profitable. For by suffering your youth

wantonly and viciously to be brought up, and to be infected, even from

their tender age, by little and little with vice, then in God’s name to

be punished, when they commit the same faults after being come to man’s

state, which from their youth they were ever like to do; in this point,

I pray you, what other thing do you, than make thieves and then punish

them?” [3]

II.

JEAN MESLIER. [4]

In speaking of the faults which cling to society Meslier, among other

things, says the following about crime:

“Another abuse, and one that is almost universally accepted and

authorized in the world, is the appropriation of the wealth of the soil

by individuals, in place of which all ought to possess it equally in

common and enjoy it equally in common. I mean all those of the same

district or territory, so that they as well as those who inhabit the

same city, town, village, or parish should compose but one great

family. They should all regard themselves as being brothers and sisters

one to another and all children of the same fathers and mothers, who,

for this reason ought to love one another as brothers and sisters and,

in consequence, live peaceably together, having all things common. All

should have the same or similar food, should be equally well lodged,

clothed and shod, but should also apply themselves equally to their

business, that is to say, to work or to some other honest and useful

employment, each following his or her profession, or whatever is most

necessary and fitting to be done according to the time or season or the

things especially needed. And all this should be done, not under the

direction of those who would like to dominate over others tyrannically

and imperiously, but only under the direction of the wisest and best

intentioned, for the maintenance and advancement of the public weal.

All cities and other communities should also on their own account take

great pains to make alliances with their neighbors and keep inviolable

the peace and union between them, in order to aid and succor one

another in time of need; for without this the public well-being cannot

be maintained, and the greater part of mankind must be wretched and

unhappy.

“For first, what results from this individual appropriation of the

wealth of the soil for each to enjoy it severally apart from the

others, as it seems good to him? It results that each is eager to get

as much as he can, in all sorts of ways, good and bad. For cupidity,

which is insatiable and, as we know, the root of all evils, looking

through an open door, so to speak, toward the accomplishment of its

desires, does not fail to take advantage of the opportunity, and makes

all men do whatever they can in order to have an abundance of goods and

riches, and to be so protected from indigence as to have the pleasure

and contentment of enjoying whatever they wish. From this it happens

that those who are the strongest, the most crafty, the most skilful,

and often even the most wicked and unworthy, have the largest share in

the wealth of the soil and are best provided with all the good things

of life.” [5]

“This is not all, but it also results from this abuse of which I have

been speaking, namely that wealth is so badly distributed among men,

some having everything, or at least much more than their true share,

and others having nothing, or lacking a part of what is useful and

necessary ... it results from this, I say, that hatred and envy first

of all arise. From these spring in turn murmurings, complainings,

commotions, insurrections, and wars, which cause an infinity of evils

among men. From these again proceed thousands and millions of

mischievous lawsuits which the private owners are obliged to have among

themselves to defend their property and to maintain what they consider

their rights. These suits cause thousands of pains to the body, and

tens of thousands of disquietudes to the mind, and often enough cause

the entire ruin of both parties. From this it also happens that those

who have nothing, or who have not all that they need, are constrained

and obliged to employ evil means to get subsistence. From this come the

frauds, deceptions, rascalities, injustices, extortions, robberies,

thefts, murders, assassinations, and brigandages which cause such an

infinity of evils among men.” [6]

III.

J. J. ROUSSEAU.

I believe that the following observation, which I find in the

“Discourse upon the Origin and Foundations of Inequality among Men”, is

worth quoting.

“The first man who, having enclosed a piece of ground, took it into his

head to say, ‘This is mine’, and found people simple enough to believe

him, was the true founder of civil society. What crimes, wars, and

murders, what miseries and horrors would the human race have been

spared if some one had torn up the stakes, or filled the ditch, and

cried to his comrades: ‘Beware of heeding this impostor. You are lost

if you forget that the fruits of the ground belong to all, and the

ground itself to no one.’” [7]

IV.

MORELLY.

In his “Code de la nature” this author seeks to show that the harmony

in which men lived in primitive society (when common property existed)

has been destroyed by the institution of private property, which,

coming in little by little, has changed common interests into contrary

interests. He expresses himself on this point as follows:

“Every division of goods, whether equal or unequal, and all individual

appropriation of the portions so formed are what Horace calls ‘Summi

materiam mali.’ All political or moral phenomena are the effects of

this pernicious cause. It is by this that we can explain all theorems

and problems with regard to the origin, development, connection, and

affinity of virtues or vices, disorders, and crimes; also with regard

to the true motives of good or bad actions, the determinations and

perplexities of the human will, the depravity of the passions, the

inefficacy of precepts and laws to restrain them; and, finally, with

regard to the monstrous creations resulting from the aberrations of the

mind and the heart. The reason, I say, for all these things can be

ascribed to the general obstinacy of legislators about breaking or

letting any one else break the cord with which sociability was first

bound by those who usurped to their own use soil that ought to belong

indivisibly to all humanity.” [8]

Farther along he defines the same idea more exactly when he says: “Take

away property, I repeat without ceasing, and you destroy forever a

thousand factors which lead men to desperate extremities. I say that,

delivered from this tyrant, it is totally impossible that man should

give himself to crimes, that he should be a thief, an assassin, or a

conqueror. The laws which authorize property punish him, it is true,

for these crimes. Even his own remorse and fears, sprung from the

prejudices of the moral system in which he has been raised, punish him

still more. But the most severe chastisement of the offender is the

primitive and innate feeling of benevolence. This inner voice of

Nature, though commonly confined to the indifferent admonition not to

injure, has still force enough to make the criminal feel keenly.” [9]

V.

C. BECCARIA.

The following passage taken from the introduction to Beccaria’s “Des

délits et des peines” is not without importance for our subject:

“The advantages of society ought to be equally divided among all its

members. However, when men are gathered together we note a constant

tendency to collect privileges, power, and happiness in the hands of a

small minority, and to leave for the multitude only poverty and

weakness. It is only by good laws that this tendency can be checked.

But ordinarily men leave the regulation of the most important matters

to temporary laws and to the caution of the moment, or even entrust

them to the discretion of those whose interests are opposed to the best

institutions and the wisest laws.” [10]

“If we turn to history we shall see that laws, which ought to be

agreements freely made between free men, have oftenest been only the

instrument of the passions of the minority or the result of the chance

of the moment, never the work of a wise observer of human nature who

has known how to direct all the actions of the multitude to this single

end: The greatest good of the greatest number.” [11]

In Section 35 (“On Theft”) we read, among other things, as follows:

“A theft committed without violence ought to be punished merely by a

fine. It is just that he who takes the property of another should be

deprived of his own. But if theft is ordinarily the crime of poverty

and despair, if this offense is committed only by that class of

unfortunate men to whom the right of property (a terrible right and

perhaps not a necessary one) has left no possession but mere existence,

the imposition of a fine will contribute only to multiply thefts, by

increasing the number of the indigent, and robbing an innocent family

of bread to give it to a rich man who is perhaps himself a criminal.”

[12]

VI.

S. N. H. LINGUET.

In his “Théorie des lois civiles”, directed principally against

Montesquieu’s “L’esprit des lois”, in which Linguet seeks to defend the

thesis, “The spirit of the laws is Property”, there are some

interesting passages. After having shown that private property has been

founded upon violence, he treats of the origin of the laws and, at the

same time, of the causes of crime, and says:

“Among men all equal, all robust, passionate, sanguinary, and

accustomed to arms, dangerous disputes would continually arise. It

would be impossible but that chance and intelligence should produce

great inequality of fortune. He who believed that he had been injured

would wish to get justice for himself. The association formed to secure

the booty would be troubled by the difficulty of enjoying it. These

inconveniences occurred to the clearest thinkers and they sought to

find a remedy. It was a totally new art that they created. But as it is

almost always science that misleads, and as truth is never so easy to

discover as at a distance from the Doctors, they looked about to see

what route they should take.

“They thought that a primary act of violence was incontestably

necessary. They could not disavow it, since it was the sole basis of

their rights. But they also saw that it was necessary to prevent any

further violence, since this would fall upon themselves. They conceived

that the primitive usurpation ought to be regarded as a sacred title;

but they perceived no less clearly that it was necessary to proscribe

any new usurpation, which would contradict the ancient one and destroy

it. In order to succeed in this they proposed to authorize only those

brigandages which were carried on in common, and to punish severely

those persons who dared to commit individual acts of spoliation. In

response to their suggestions it was decreed that society should have

the right to take everything, but that the members of society, as

individuals, should be deprived of this right. They agreed that each

should have peaceful possession of the part allotted to him, and that

whoever tried to take it from him should be declared a public enemy and

prosecuted as such.

“Here, then, in a few words is the source of all human laws. From it

spring laws of every kind except the divine law, the source of which is

as pure as its author. Upon this basis are founded all imaginable

constitutions. This it is which sanctions the law of nations and the

civil law, of which the one legitimates conquests, and the other

proscribes robbery, only punishing, however, the thefts not committed

by a large company. Finally this same principle has directed the steps

of all politicians and of all founders of governments and empires.

“They have come by different ways, the details of which it is useless

to discuss here, to change the original social anarchy, in which these

principles were discovered, into administrations more or less

imperfect. Violence thus formed the foundation of their rights, but all

wished to keep with justice what they got possession of very unjustly.

They took precautions to prevent those who assisted them in their

wholesale conquest from imitating them in detail. After making sure of

the general domain they did not wish any one to be able to dispute the

particular distribution of it. They confirmed by regulations all their

accomplices in the possession of what they had had the address or the

good fortune to seize. They decreed that any one who, seeing these

possessions stolen by force, should attempt to secure restitution by

the same method, should be punished as guilty of an offense against

society.” [13]

In the chapter “Good and Evils which Laws Produce” Linguet pronounces

the following trenchant and satirical judgment:

“The aim [of justice and law], as we have said, is to give society a

fixed position. There results from them an invariable order which keeps

each member in his place. It is by their means that the multitude who

do not know them, even while they respect them, submit without

repugnance to the small number who are armed by them. In this sense

there is nothing so admirable as the law. It is the most sublime

invention that ever presented itself to the human mind. It offers to

any reflective individual the most satisfying, the most beautiful of

spectacles. To restrain force and violence by pacific means; to

subjugate the liveliest passions; to assure to painful virtues the

preference over easy and delusive vices; to direct the eyes, the hands,

and the hearts of men; to subdue them without preventing them from

believing themselves free; to prescribe duties capable of securing the

repose of docile souls who performed them, and of protecting them

against rebellious spirits, who wish to be exempt from them; all this

the laws do or ought to do. It would be difficult to join together so

much greatness with so many benefits.

“But as the theory of the laws is honorable to the humanity which has

been able to grasp it, so the practical application of the laws has

been most distressing, when, after the observance of them has been

recommended, it is necessary to pass on to the punishments decreed for

the offenses which violate them. The passions which self-interest

unceasingly incites often necessitate this grievous extremity. Then we

see men authorized by general consent to exercise an inflexible rigor

upon their fellows. We hear justice pronounce sentences which would

pass for cruel if they were not indispensable. It makes use of prisons,

executioners, gallows. Liberty and even life become pledges of which

justice deprives men at pleasure when they abuse them. To make good the

losses which the state suffers from the crimes that disturb it, it

comes back upon the criminals, and consequently suffers almost equally

from the crime and from the punishment.” [14]

VII.

P. H. D. D’HOLBACH.

In the third section of his “Système social”, under the heading, “The

Influence of Government upon Morals”, Holbach, in treating of the

causes of crime says among other things:

“In China they punish the mandarin in the department in which a great

crime has been committed. A bad government has its own negligence or

its own injustice to blame for the great number of malefactors who are

found in a state. The multiplicity of criminals proclaims an

administration as tyrannical and careless. The severity of taxes, the

vexations and hardships inflicted by the rich and great multiply the

number of the unfortunate, whom poverty often reduces to despair and

who avail themselves of crime as the promptest means of escape from

their condition. If wealth is the mother of vices, poverty is the

mother of crimes. When a state is badly governed and wealth is too

unequally divided, so that millions of men lack the necessaries of

life, while a small number of citizens are surfeited with luxuries,

there we commonly see a great number of criminals, whose number

punishments do not diminish. If a government punishes the unfortunate

it leaves undisturbed the vices that are leading the state to its ruin;

it erects gibbets for the poor, whereas by bringing men to poverty it

has itself made thieves, assassins, and criminals of every kind; it

punishes crime, while it continually invites men to commit crime.” [15]

“The man who has no share in the wealth of the state is not held to

society by any bond. How can we expect a crowd of unfortunates to whom

we have given neither principles nor morals to remain quiet spectators

of the abundance, the luxury, the unjustly acquired riches of so many

corrupt individuals, who seem to insult the general poverty, and are

only rarely disposed to relieve it? By what right can society punish

the thieving servant who has been a witness of the unpunished robberies

and extortions of his master, or has seen public thieves strutting

along, enjoying the consideration of their fellow citizens, and

shamelessly displaying the fruits of their extortions under the very

eyes of the heads of the state? How can we make the poor respect the

property of others when they themselves have been the victims of the

rapacity of the rich, or have seen the property of their fellow

citizens snatched away by violence or fraud with impunity? Finally how

can we successfully preach submission to men to whom everything proves

that the laws, armed against themselves alone, are indulgent toward the

great and happy, and are inexorable only for the unhappy and poor? ‘A

man dies but once’ and the imagination of the criminal familiarizes

itself little by little with the idea of the most cruel punishments. He

ends by regarding them as a ‘mauvais quart d’heure’, and would as soon

perish by the hand of the executioner as die of hunger, or even work

all his life without reward.” [16]

VIII.

G. B. DE MABLY.

This author’s opinion of crime is best expressed by the following

quotation taken from his “De la législation ou principes des lois”:

“The more I reflect upon it the more I am convinced that inequality of

fortune and condition disorders man and alters the natural sentiments

of his heart, for the habit of luxury gives him a desire for things

that are useless for his true happiness and fills his mind with the

most unjust and absurd prejudices and errors. I believe that equality,

while satisfying modest requirements, keeps those requirements modest,

and preserves in the soul a peace which is opposed to the birth and

progress of the passions. By what strange folly should we have

cultivated a studied elegance and refinement in our needs if inequality

of fortune had not accustomed us to regard this ridiculous

fastidiousness as a proof of superiority, and attained thereby a

certain consideration? Why should I consider as below me a man who is

perhaps my superior in merit; why should I pretend to have authority

over him and so open the door to tyranny, to servitude, and all the

vices most fatal to society, if the inequality of conditions had not

exposed my soul to ambition, as the inequality of fortune has exposed

it to avarice? It is inequality alone that has taught men to prefer

many useless and harmful things to virtue. I believe that it has been

demonstrated that in a state of equality nothing would be easier than

to prevent abuses and maintain the law. Equality is certain to produce

all good, because it unites men, elevates their souls, and prepares

them for mutual feelings of benevolence and amity. Inequality, on the

other hand, produces all evil, because it degrades men, humiliates

them, and sows division and hatred among them.” [17]

IX.

J. P. BRISSOT DE WARVILLE.

In his “Théorie des loix criminelles” we find among others the

following passages that are of interest in connection with the subject

which occupies our attention:

“A man is not born an enemy to society. It is circumstances which give

him that title, such as poverty or misfortune. He does not disturb the

general tranquillity until he has lost his own. He ceases to be a good

citizen only when the name becomes meaningless in his case; and it is

when poverty has destroyed his own privileges that he dares to attack

those of his fellows. To make all citizens happy is, then, to prevent

the inception of crime; and the rarity of crime is in direct ratio to

the goodness of the administration. This simple principle, however

unknown to administrators even to the present day, is no less solid on

that account, no less luminous, and ought no less to serve as the basis

for government. If it has been neglected, it is because it has appeared

easier to rulers to punish the unfortunate being who demands the rights

that nature gave him, than to satisfy his just demand; to stifle the

cries of anguish, than to change them to shouts of applause. The penal

code of every nation is much like the bull of Phalaris; its imposing

garb of juridical forms, like the timbrels and other instruments

surrounding the brazen monster, prevent the cries of the victims from

reaching the ear. Tyrants cry out to the credulous spectators that

blood is necessary to the public safety; good legislators are greedy of

it.

“The first and most efficacious means of preventing crimes consists,

then, in a wise administration that procures the general happiness.

When the rays of the beneficent star that rules extend their influence

even to the lowest ranks of society, they are rarely sullied by

punishments; each, concentrating itself upon the spot where heaven has

thrown it, makes the day that it lightens joyous and blessed (and crime

is so near to the man who is forced to curse his fate!). If the taxes

are light and not severely felt, if subsistence is easy, the number of

marriages increases, they are happy, and the population multiplies. The

people then do not regret their labors, since they are interspersed

with pleasures. They are attached to the fatherland, which offers them

good fortune, and to life, which gives them the means of enjoying it. A

man does not disturb the public peace, because his own prosperity is

the fruit of it. A property-holder himself, he takes good care not to

do any violence to the right of property, and even where he would not

naturally have a horror of bloodshed, his days are too precious to him

for him to dare to cut short those of his fellow-citizens.” [18]

“... What sovereign, I say, cannot easily see that he has in his hand

the true means of restraining crime, namely to secure the public

well-being by means of civil legislation. Yes, the more perfect civil

legislation becomes the less need there will be for criminal

legislation. And this need will disappear entirely when the twofold

basis upon which civil legislation ought to rest becomes fixed and

invariable; when the property and the liberty of subjects are respected

by the monarch; when the unfortunate man who has been born without

property (though with the same needs as others) can, by working,

correct the injustice of fate, and destroy the inequality of the

distribution of wealth; when, finally, the fruit of his labor will not

be the prey of the greedy tax-gatherer. The rich man can then enjoy his

wealth in safety, because despair will no longer expose him to the

knife of the poor man whom his proud opulence insults. We posit here as

the foundation of good legislation the security of real and personal

property, but a masterpiece of statesmanship would be, to make them

useless, if it were possible, by abolishing them altogether. This would

be to tear up crime by the roots. It was thus that Lycurgus, whose laws

have been so calumniated because to narrow minds they seemed impossible

of imitation, cleverly dried up the source of all crime. To avoid

attacks upon property he abolished it; to prevent adultery he had all

women held in common; to make the Spartan a hero he made him the slave

of his harsh legislation; finally to prevent the sad effects of the

passions he permitted none but the passion for the public weal. This is

why crimes were so rare in Sparta as long as these laws were faithfully

observed. But when Lysander brought back from the fatal conquest of

Athens treasures, the taste for art and the rage for luxury, all the

vices were rapidly introduced. Then crimes broke out; ambition made men

commit perjuries, assassinations, treasons; then the virtuous Agis, who

wanted to revive morality, perished under the perfidious knife of the

royal servitude; then men like Nabis and Machanidas appeared; and

finally a penal code was introduced, and Sparta was reduced to the

status of an ordinary city.” [19]

“Ought we to be astonished that the attacks upon the social laws are so

multiplied to-day, and that there are always so many thieves and

assassins, when to the causes of crime which we have developed it is

necessary to add that horrible malady of European states, mendicity?

When the water destined by nature to quench the thirst of all men is

artificially diverted into particular channels for the exclusive use of

certain individuals, the unfortunate man, tormented by need, falls into

despair, and in a rage breaks these fatal channels, making the

fragments fall upon the heads of his enemies. Exclusive possession of

property has everywhere produced poverty in the most numerous class,

and poverty has given birth to mendicity, which, robbing with one hand

to satisfy hunger, with the other plunges a dagger into the bosom of

the rich to stop their cries. Here we have in two words the origin of

theft and murder. To destroy the roots of these it would be necessary

to restore among men the equality of condition so praised by modern

philosophers, but not at all included in the programs of modern

governments. It would be necessary to distribute wealth equally among

all citizens, to eradicate from their hearts the corrosive desire of

ambition, and to blunt the spur of their personal interest.” [20]

In his “Recherches philosophiques sur la propriété et sur le vol”

Brissot gives an exposition of natural property, and of property as

established by society. He says of crime: “Civil property is very

different from natural property, as we have shown. It is not based upon

the same title, and has not the same aim or the same bounds. Need is

the limit of natural property. Civil property goes further and includes

superfluities. In nature each man has a right to everything; in society

the man to whom his parents have left no property has a right to

nothing. In nature he would be guilty if he did not satisfy his needs;

he is guilty in society when he satisfies them if he has no property.

Society has, then, upset all the ideas of property given by nature. It

has destroyed the equilibrium between human beings which nature

established. Equality banished there appear the odious distinctions of

rich and poor. Society has been divided into two classes, the first

consisting of citizens with property, living in idleness; the second

and more numerous class composed of the mass of the people, to whom the

right to exist has been sold dear, and who are degraded and condemned

to perpetual toil. To confirm this new right of property the most cruel

punishments have been pronounced upon all those who disturb or attack

it. The breach of this right is called theft; and see how far we are

from nature! The thief in the state of nature is the rich man, the man

who has a superfluity; in society the thief is he who robs this rich

man. What a complete transposition of ideas!” [21]

“If man retains, even in society, the inalienable right of property

which nature has given him, nothing can take it from him, nothing can

prevent his exercising it. If the other members of society concentrate

in their own persons the possession of all the soil; if those who are

robbed by this spoliation and forced to have recourse to labor cannot

by this means secure their whole subsistence, then they have the right

to exact from the others, who hold property, the means of satisfying

their needs. They have a claim upon the wealth of others in proportion

to their own necessity, and force used to resist this claim is

violence. The rich man is the only thief; he alone ought to hang from

those infamous gallows which are raised only to punish the man born in

poverty for being needy; only to force him to stifle the voice of

nature, the cry of liberty; only to compel him to subject himself to a

harsh servitude in order to avoid an ignominious death.” [22]

X.

W. GODWIN.

In the third chapter of the First Book of his “Enquiry Concerning

Political Justice”, Godwin treats of two important kinds of crime,

theft and fraud.

Of these he says: “Two of the greatest abuses relative to the interior

policy of nations which at this time prevail in the world, consist in

the irregular transfer of property, either first by violence, or

secondly by fraud. If among the inhabitants of a country there existed

no desire in one individual to possess himself of the substance of

another, or no desire so vehement and restless as to prompt him to

acquire it by means inconsistent with order and justice, undoubtedly in

that country guilt could scarcely be known but by report. If every man

could with perfect facility obtain the necessities of life, and,

obtaining them, feel no uneasy craving after its superfluities,

temptation would lose its power. Private interest would visibly accord

with public good; and civil society become what poetry has feigned of

the golden age. Let us inquire into the principles to which these evils

are indebted for their existence.” [23]

According to him these crimes are the consequence:

First, Of poverty, which has reached enormous dimensions (in England

one person out of every seven has at some time received public aid).

The situation has become such that for the poor man the state of

society is a state of war. He considers society not as a body whose

object is to maintain personal rights and to procure to each individual

the means of providing for his own support, but as a body that protects

the advantageous position of one class of persons, while holding others

in a state of poverty and dependence.

Second, Of the ostentation of the rich, who make the poor man feel all

the more what he is deprived of.

Third, Of the tyranny of the rich, made permanent by legislation, by

the administration of the laws, and by the distribution of wealth.

In his Eighth Book (“Of Property”), Godwin elaborates the ideas given

above. Speaking of the moral improvement that would result from the

abolition of private property, he says: “And here it is obvious that

the great occasions for crime would be cut off forever. All men love

justice. All men are conscious that man is a being of one common

nature, and feel the propriety of the treatment they receive from one

another being measured by one common standard. Every man is desirous of

assisting another; whether we should choose to ascribe this to an

instinct implanted in his nature which renders this a source of

personal gratification, or to his perception of the reasonableness of

such assistance. So necessary a part is this of the constitution of

mind, that it may be doubted whether any man perpetrates any action,

however criminal, without having first invented some sophistry, some

palliation, by which he proves to himself that it is best to be done.

Hence it appears, that offense, the invasion by one man upon the

security of another, is a thought alien to the human mind, and which

nothing could have reconciled us to but the sharp sting of necessity.

To consider merely the present order of society, it is evident that the

first offense must have been his who began a monopoly, and took

advantage of the weakness of his neighbors to secure certain exclusive

privileges to himself. The man on the other hand who determined to put

an end to this monopoly, and who peremptorily demanded what was

superfluous to the possessor and would be of extreme benefit to

himself, appeared to his own mind to be merely avenging the offended

laws of justice. Were it not for the plausibleness of this apology, it

is to be presumed that there would be no such thing as crime in the

world.

“The fruitful source of crimes consists in this circumstance, one man’s

possessing in abundance that of which another man is destitute. We must

change the nature of mind before we can prevent it from being

powerfully influenced by this circumstance, when brought strongly home

to its perceptions by the nature of its situation. Man must cease to

have senses, the pleasures of appetite and vanity must cease to

gratify, before he can look on tamely at the monopoly of these

pleasures. He must cease to have a sense of justice before he can

clearly and fully approve this mixed scene of superfluity and want. It

is true that the proper method of curing this inequality is by reason

and not by violence. But the immediate tendency of the established

administration is to persuade that reason is impotent. The injustice of

which they complain is upheld by force, and they are too easily

induced, by force to attempt its correction. All they endeavor is the

partial correction of an injustice, which education tells them is

necessary, but more powerful reason affirms to be tyrannical.

“Force grew out of monopoly. It might accidentally have occurred among

savages whose appetites exceeded their supply, or whose passions were

inflamed by the presence of the object of their desire; but it would

gradually have died away, as reason and civilization advanced.

Accumulated property has fixed its empire; and henceforth all is an

open contention of the strength and cunning of the one party against

the strength and cunning of the other. In this case the violent and

premature struggles of the necessitous are undoubtedly an evil. They

tend to defeat the very cause in the success of which they are most

deeply interested; they tend to procrastinate the triumph of truth. But

the true crime in every instance is in the selfish and partial

propensities of men, thinking only of themselves, and despising the

emolument of others; and of these the rich have their share.

“The spirit of oppression, the spirit of servility, and the spirit of

fraud, these are the ultimate growth of the established administration

of property. They are alike hostile to intellectual and moral

improvement. The other vices of envy, malice, and revenge are their

inseparable companions. In a state of society where men lived in the

midst of plenty, and where all shared alike the bounties of nature,

these sentiments would inevitably expire. The narrow principle of

selfishness would vanish. No man would be obliged to guard his little

store, or provide with anxiety and pain for his restless wants, each

would lose his individual existence in the thought of the general good.

No man would be an enemy to his neighbor, for they would have no

subject of contention; and of consequence philanthropy would resume the

empire which reason assigns her; mind would be delivered from her

perpetual anxiety about corporal support, and free to expatiate in the

field of thought which is congenial to her. Each would assist the

inquiries of all.” [24]

XI.

R. OWEN. [25]

The author in several works has given us his ideas upon the relation

between crime and the social environment, and especially economic

conditions. It is in “The Book of the New Moral World”, which appeared

in 1844, that his views are best expressed. [26]

They may be summed up as follows: It is not the man himself, it is his

circumstances that form his character; an unfavorable environment

produces a bad man, a favorable one a good man. The organization of the

society of today is such that it awakens in a man all evil qualities.

The greater part of mankind live in conditions of the greatest poverty,

and become physically, intellectually, and morally inferior. The

working classes are housed in unsanitary dwellings, work too hard and

too long, and are insufficiently clothed and nourished.

Improper production and distribution of wealth are the causes of the

prevalence of disorder and anarchy. The means of production, the raw

materials and the productive forces, are sufficient to provide amply

for the needs of all. But competition by devouring wealth prevents

this, and brings it about that while some have a superfluity, the

majority have not even the necessaries of life (a fact which is one

great cause of criminality). The process of distribution adds

enormously to the waste because of the great number of intermediaries.

Education and instruction are neglected to the last degree. The

children of the lower classes are almost entirely deprived of

instruction, not to say education; their parents, never having been

taught themselves, are incapable of imparting instruction, nor have

they the leisure for it. However, the children of all classes are made

egotistical and anti-social; they have impressed upon them the maxim

“Each one for himself”, in place of being taught that the love of one’s

neighbor is the principle upon which society ought to be based.

Owen finds the cause of crime, then, in the organization of society

upon the basis of private property. The following is a characteristic

passage from Volume VI, “General Constitution of Government and

Universal Code of Law”:

“Private property has been, and is at this day, the cause of endless

crime and misery to man, and he should hail the period when the

progress of science, and the knowledge of the means to form a superior

character for all the individuals of the human race, render its

continuance not only unnecessary, but most injurious to all; injurious

to an incalculable extent to the lower, middle, and upper classes. The

possession of private property tends to make the possessor ignorantly

selfish; and selfish, very generally, in proportion to the extent of

the property held by its claimant....

“Private property also deteriorates the character of its possessor in

various ways; it is calculated to produce in him pride, vanity,

injustice, and oppression, with a total disregard of the natural and

inalienable rights of his fellow men. It limits his ideas within the

little narrow circle of self, prevents the mind from expanding to

receive the extended views beneficial for the human race, and

understand great general interests that could be made most essentially

to improve the character and condition of all....

“Private property alienates mind from mind, is a perpetual cause of

repulsive action throughout society, a never-failing source of

deception and fraud between man and man, and a strong stimulus to

prostitution among women. It has caused war throughout all the past

ages of the world’s known history, and has been a stimulant to

innumerable private murders.

“It is now the sole cause of poverty and its endless crimes and

miseries over the world, and in principle it is as unjust as it is

unwise in practice.

“In a rational-made society it will never exist. Whatever may have been

its necessity or utility, before the introduction of the supremacy of

machinery and chemistry, it is now most unnecessary and an unmixed

evil; for every one, from the highest to the lowest, may be ensured

through life much more of all that is really beneficial for humanity,

and the permanent happiness of the individual, through public

scientific arrangements, than it is possible to obtain through the

scramble and contest for procuring and maintaining private property.

“Private property also continually interferes with or obstructs public

measures which would greatly benefit all, and frequently to merely

please the whim or caprice of an ill-trained individual....

“With a well arranged scientific system of public property, equal

education and condition, there will be no mercenary or unequal

marriages; no spoiled children; and none of the evils which proceed

from these errors in the present system, if crudities which pervade all

the departments of life, and are thoroughly inconsistent, can be called

a system of society.

“In fact, as soon as individuals shall be educated and placed—and it is

for the best and permanent interest of society that all should be

educated and placed—the saving of time, labour, and capital, between

public and private property, will be beyond any estimate the mind of

man can form in favour of public property....

“Therefore the twelfth law [27] will be, that—

“‘Under the Rational System of society—after the children shall have

been trained to acquire new habits and new feelings, derived from a

knowledge of the laws of human nature—there shall be no useless private

property.’

“The old system of the world has been created and governed on the

assumed principle of man’s responsibility to man, and by man’s rewards

and punishments.

“And this principle has been assumed upon the original supposition,

that man was born with power to form himself into any character he

liked; to believe or disbelieve whatever he pleased; and that he could

love, hate, or be indifferent as to all persons and things, according

to an independent will which enabled him to do as he liked in all these

respects.

“The present system is, therefore, essentially a system supported and

governed by laws of punishment and reward of man’s creating, in

opposition to nature’s laws of punishing and rewarding. The former

system is artificial, and always produces crime and misery, continually

increasing, and therefore requiring new laws to correct the evils

necessarily forced upon society by the old laws; thus laws are

multiplied without limit by man to counteract nature’s laws, and ever

without success. While nature’s beautiful and benevolent laws, if

consistently acted upon in a system made throughout in accordance with

them, would produce knowledge, goodness, and happiness, continually

increasing, to the human race.

“By man’s laws being forced upon the population of all countries, in

continual opposition to nature’s laws; with law added to law, in the

vain attempt to remedy endless previous laws, the world had been made

and kept criminal, with crimes multiplying as human laws increased.

“The laws of man are made to support injustice, and give additional

power to the oppressor and to the man devoid of truth and honesty over

the innocent and just. And such must be the result, as long as human

laws, lawyers, and law paraphernalia shall be sanctioned by society....

“Nature’s laws carry with them the only just rewards and punishments

that man should experience; and they are, in every case, efficient for

nature’s purposes, and to ensure the happiness of man in all countries

and climes; and, differing from man’s puny, short-sighted laws, they

are always adequate to the end intended to be accomplished. And this

end is evidently to increase human knowledge and happiness. It is

through these laws of nature, that man has attained the knowledge which

he has acquired. He has been continually urged onward to make

discoveries, and to invent, through pain experienced, or pleasure

enjoyed or anticipated.

“But man has been trained to have his character formed, and to be

governed by laws of his own making; his habits, manners, ideas, and

associations of ideas have emanated, directly or indirectly, from his

artificial and injurious source; and, in consequence, the mind,

language, and practice of all individuals have become a chaos of

confusion. And this chaos in the character and conduct of individuals

has made a yet greater chaos in all the proceedings of society: and, in

consequence, man is now opposing man, and nation opposing nation, all

over the earth. Yet all nature declares, that it shall be by union of

man with man, and nation with nation, that the human race can ever

attain a high degree of permanent prosperity and happiness, or become

rational.

“Nevertheless, while this irrational individual and general character

shall remain, those men and women who have been made to receive this

character, and to be so injured, must continue for a time to be

governed by these most injurious laws. The laws of nature being alone

applicable to a society, whose laws are in accordance with the laws of

nature.

“When this rational society shall be formed, and men, individually and

generally, shall be trained to act in accordance with it, then shall

human punishments and rewards cease, and cease for ever.

“The thirteenth law will therefore be, that—

“‘As soon as the members of these scientific associations shall have

been educated, from infancy, in a knowledge of the laws of their

nature, trained to act in obedience to them, and surrounded by

circumstances all in unison with them, there shall be no individual

reward or punishment.’

“The Rational System of society is one and indivisible in its

principles and practices; each part is essential to its formation. It

is one unvarying consistent system for forming the character of all

individuals, and for governing their affairs; and it is essentially a

system to prevent evil, and render individual punishment and reward as

unnecessary, as they are unjust and injurious to all....

“Individual punishments and rewards, ignorance, the inferior feelings

and passions, with all crimes and miseries, will go together when the

irrational system shall be abolished. When the cause of evil shall be

removed, then will the evil cease, and not before.” [28]

XII.

E. CABET.

In the second part of his “Voyage en Icarie” the author treats of the

relation between crime and economic conditions. In his opinion money

and inequality of fortune and of property are the causes of all crimes.

The following quotation explains his views. (The work speaks of present

day society as in the past, and supposes the existence of a state with

common property.)

“Wealth and superfluity being, by their nature, as I have already said,

injustice and usurpation, the poor often thought only of robbing the

rich; and theft, under all its forms (swindling, pocket-picking,

bankruptcy, breach of trust, fraud, cheating, etc.), was the almost

universal occupation of the poor as well as of the rich. And the poor

robbed not only the rich, they robbed even the poor themselves, so that

all, rich and poor, were both robbers and robbed.

“It would be impossible to enumerate all the kinds of theft and classes

of thieves. It was in vain that the rich had terrible laws made against

theft; it was in vain that the prisons and galleys were kept filled

with poor thieves, and that their blood was often poured out upon the

scaffold. Buoyed up by the hope of not being discovered, the poor

robbed in the fields, or in houses, or upon the highroads, or even in

the streets at night. The skilful pick-pocket stole even in open day.

The audacious swindler robbed by means of trickery and deceit,

sometimes by selling things of no value, sometimes by taking advantage

of credulity or even of beneficence.

“Shall I speak of the counterfeiters of every description? Shall I also

speak of the usurers, the great thieves, the wolves of the bourse and

the bank, the contractors and monopolists? Shall I speak of those who

enriched themselves by means of public calamities, who desired or

provoked invasions or wars in order to make their fortunes, and famines

in order to amass money in the midst of corpses? Shall I speak of the

thieves who risked the public health by adulterating the food and drink

that they sold, and of those other great robbers, the heads of the

army, who pillaged foreign peoples while exposing their own country to

terrible reprisals? Finally shall I speak of the innumerable means of

amassing money at the expense of others, and of the innumerable

individuals in almost all classes who daily practiced them?

“Not all these acts were classed as thefts by the law. The most

inexcusable, the most harmful, those which were only practiced by the

rich, even enjoyed legal impunity. But all of them were, nevertheless,

in reality according to the rules of a sound morality, thefts. Each

class presented, without doubt, many exceptions. There were some rich

men as honest as possible, and many workers and poor men were persons

of probity; but it may be said that by force of circumstances, and as

an irresistible consequence of the inequality of fortune, all men, rich

and poor, were generally induced to commit actions which were in

reality only a kind of theft.

“And often theft led to all kinds of cruelty, to murder, and even to

the most barbarous tortures in order to make owners reveal where they

had hidden their gold. How many poisonings and parricides did the

thirst for gold or inheritance excite! Thieves kidnapped children in

order to prostitute them. They even stole and murdered young people in

order to sell the flesh of their corpses!

“In a word, neither confidence nor security was possible. Each

individual saw enemies in almost all the others; and society seemed, as

it were, but a haunt of cut-throats in the midst of a forest! And all

these horrors, which you will find more or less everywhere, were with

us, and are still elsewhere—I cannot repeat it too often—the inevitable

result of the unrestricted right of property.” [29]

XIII.

F. ENGELS.

Among the disastrous consequences which industrial capitalism draws in

its train the author ranks the tremendous increase of criminality. In

his “Condition of the Working Class in England” he says: “The failings

of the workers in general may be traced to an unbridled thirst for

pleasure, to want of providence, and of flexibility in fitting into the

social order, to the general inability to sacrifice the pleasure of the

moment to a remoter advantage. But is that to be wondered at? When a

class can purchase only a few and only the most sensual pleasures by

its wearying toil, must it not give itself over blindly and madly to

those pleasures? A class about whose education no one troubles himself,

which is a playball to a thousand chances, knows no security in

life—what incentives has such a class to providence, to

‘respectability’, to sacrifice the pleasure of the moment for a remoter

enjoyment, most uncertain precisely by reason of the perpetually

varying, shifting conditions under which the proletariat lives? A class

which bears all the disadvantages of the social order without enjoying

its advantages, one to which the social system appears in purely

hostile aspects—who can demand that such a class respect this social

order? Verily that is asking much! But the working-man cannot escape

the present arrangement of society so long as it exists, and when the

individual worker resists it, the greatest injury falls upon himself.

“Thus the social order makes family life almost impossible for the

worker. In a comfortless, filthy house, hardly good enough for mere

nightly shelter, ill-furnished, often neither rain-tight nor warm, a

foul atmosphere filling rooms overcrowded with human beings, no

domestic comfort is possible. The husband works the whole day through,

perhaps the wife also and the elder children, all in different places;

they meet night and morning only, all under perpetual temptation to

drink; what family life is possible under such conditions? Yet the

working-man cannot escape from the family, must live in the family, and

the consequence is a perpetual succession of family troubles, domestic

quarrels, most demoralizing for parents and children alike. Neglect of

all domestic duties, neglect of the children, especially, is only too

common among the English working-people, and only too vigorously

fostered by the existing institutions of society. And children growing

up in this savage way, amidst these demoralizing influences, are

expected to turn out goody-goody and moral in the end! Verily the

requirements are naïve, which the self-satisfied bourgeois makes upon

the working-man!

“The contempt for the existing order is most conspicuous in its extreme

form—that of offenses against the law. If the influences demoralizing

to the working-man act more powerfully, more concentratedly than usual,

he becomes an offender as certainly as water abandons the fluid for the

vaporous state at 80 degrees, Réaumur. Under the brutal and brutalizing

treatment of the bourgeoisie, the working-man becomes precisely as much

without volition as water, and is subject to the laws of nature with

precisely the same necessity; at a certain point all freedom ceases.

Hence with the extension of the proletariat, crime has increased in

England, and the British nation has become the most criminal in the

world. From the annual criminal tables of the Home Secretary, it is

evident that the increase of crime in England has proceeded with

incomprehensible rapidity. The number of arrests for criminal offenses

reached in years: 1805, 4,605; 1810, 5,146; 1815, 7,898; 1820, 13,710;

1825, 14,437; 1830, 18,107; 1835, 20,731; 1840, 27,187; 1841, 27,760;

1842, 31,309 in England and Wales alone. That is to say, they increased

seven-fold in thirty-seven years. Of these arrests, in 1842, 4,497 were

made in Lancashire alone, or more than 14 per cent. of the whole; and

4,094 in Middlesex, including London, or more than 13 per cent. So that

two districts which include great cities with proletarian populations,

produced one fourth of the total amount of crime, though their

population is far from forming one fourth of the whole. Moreover, the

criminal tables prove directly that nearly all crime arises within the

proletariat; for in 1842, taking the average, out of 100 criminals,

32.35 could neither read nor write; 58.32 read and wrote imperfectly;

6.77 could read and write well; 0.22 had enjoyed a higher education,

while the degree of education of 2.34 could not be ascertained. In

Scotland, crime has increased yet more rapidly. There were but 89

arrests for criminal offenses in 1819, and as early as 1837 the number

had risen to 3,176, and in 1842 to 4,189. In Lanarkshire, where Sheriff

Alison himself made out the criminal report, the population has doubled

in thirty years, and crime in five and a half, or six times more

rapidly than the population. The offenses, as in all civilized

countries, are, in the great majority of cases, against property. The

proportion of offenses to the population, which in the Netherlands is

as 1 : 7,140, and in France as 1 : 1,804, was in England, when Gaskell

wrote, as 1 : 799. The proportion of offenses against persons to the

population in the Netherlands, 1 : 28,904; in France, 1 : 17,537; in

England, 1 : 23,395; that of crimes in general to the population in the

agricultural districts, as 1 : 1,043; in the manufacturing districts as

1 : 840. (‘Manufacturing Population of England’, chap. 10.) In the

whole of England today the proportion is 1 : 660; though it is scarcely

ten years since Gaskell’s book appeared!” [30]

CHAPTER II.

THE STATISTICIANS.

I.

A. M. GUERRY.

In his “Essai sur la statistique morale de la France”, the author has

made a study of the influence of age, sex, season, education, etc.,

upon criminality. But there is scarcely to be found an exposition of

the influence of economic conditions upon the subject which we are

considering. The following passages, however, are not devoid of

interest.

“Wealth, (as determined by the amount of taxes on personal and real

property) more often than density of population, coincides with crimes

against property, of which it thus appears to be an indirect cause. We

shall observe, however, that while the maximum of wealth falls in the

departments of the North, where the greatest number of crimes against

property are found; and the minimum in the center where these crimes

are most rare; yet in the South the average is almost as high as in the

North. Now if in the North is wealth which indirectly produces the

crimes against property, why is it that the same is not true of the

South? It would be unsafe to conclude from the fact that the poorest

departments are those where the fewest crimes against property are

committed, that poverty is not the principal cause of these crimes. In

order to justify this conclusion, which in other regards we are far

from rejecting, more direct proofs would be necessary. As a matter of

fact, it is possible that the departments where there is the least

wealth are not those where there are the greatest number of the very

poor; and that the departments where the largest fortunes are to be

found are just those where the poverty of a part of the population is

greatest.

“The question of the effect of wealth or poverty upon morality presents

more difficulty than one would suspect at first glance. To study it it

would be necessary to determine the ratio of the indigent and pauper

class in each department. Some documents upon the subject have been

published, it is true, but they have no authentic character, and do not

appear to merit enough confidence for us to give the analysis of them

here.” [31]

Further along Guerry shows that the departments where commerce and

manufacturing are most highly developed furnish also the greatest

number of crimes against property. But the author has not investigated

the connection between these two symptoms. Although not rejecting,

then, entirely the hypothesis that poverty is not the principal cause

of crimes against property, Guerry recognizes nevertheless that a

causal connection between poverty and crime is possible, that is to say

he perceives that the department where the greatest poverty prevails is

not necessarily that which is the poorest, nor that the richest is the

one that has the fewest of the very poor.

II.

AD. QUETELET.

An exposition of the whole system of this author would lead us too far.

But the following quotations from his “Physique sociale” will suffice

to show the breadth of his views and the vastness of his conception of

society.

“Thus, to make our manner of procedure plain by an example, anyone who

examines too closely a small portion of a very great circumference

traced upon a plane, will see in this portion only a certain number of

physical points, assembled in a more or less accidental way.... From a

greater distance his eye will take in a greater number of points, which

will already appear regularly distributed in an arc of a certain

extent; soon, if the observer continues to recede, he loses sight of

the individual points ... grasps the law that has presided over their

general arrangement, and recognizes the nature of the curve traced....

“It is in this way that we shall study the laws that concern the human

race; for when we examine them from too near at hand it becomes

impossible to grasp them; we are struck only with individual

peculiarities, which are infinite.” [32]

“In all that relates to crimes, the same figures are reproduced with

such constancy that it is impossible to misconstrue them, even in the

case of those crimes which, it would seem, should be most likely to

escape human prevision, such as homicides, since these are in general

committed as a consequence of quarrels arising without motive, and

under apparently fortuitous circumstances. Experience, however, proves

that not only is the annual number of homicides nearly constant, but

that even the weapons employed are used in the same proportions. What

can be said then of crimes that are the result of reflection?

“This constancy with which the same crimes reappear annually in the

same order, and lead to the same penalties in the same proportions, is

one of the most curious of the facts that we learn from court

statistics.... A budget which we pay with frightful regularity is that

of the jails, the penitentiaries, and the gallows.... We can enumerate

in advance how many individuals will stain their hands with the blood

of their fellows, how many will be forgers, how many poisoners; almost

as we can predict the births and deaths....

“Society contains within itself the germs of all the crimes that are

about to be committed. It is society, in a way, which prepares them,

and the criminal is only the instrument that executes them.

“Every social state supposes, then, a certain number and certain order

of crimes as a necessary consequence of its organization. This remark,

which might appear discouraging at first sight, becomes consoling, on

the contrary, when we consider it more closely, since it shows the

possibility of the improvement of men, by the modification of their

institutions and habits and whatever, in general, influences their

manner of being. At bottom this is only the extension of the well known

law ... that so far as the same causes are present we must expect the

repetition of the same effects. What has produced the belief that this

did not apply to moral phenomena is the too great influence commonly

ascribed to man in matters relating to his actions.” [33]

In the second volume of the “Physique sociale”, Quetelet studies the

influence of climate, age, and sex upon the tendency to crime. Although

he merely touches upon our subject and treats it only indirectly, the

following passages are worth the trouble of quoting:

“Poverty also is very generally regarded as leading to evil; however

the department of the Creuse, one of the poorest in France, is that

which shows in every respect, the highest morality. In the same way in

the Netherlands, the most moral province is Luxemburg, where there is

most poverty reigning. We must, however, be clear about the word

poverty, which is here employed with a significance to which exception

may be taken. A province is not really poor for having less extreme

wealth than another, if the inhabitants, as in Luxemburg, are sober and

industrious; if, by their labor, they succeed in providing in a

dependable way for their needs, and in satisfying tastes that are so

much the more modest, as the inequality of fortune is less felt, and

causes less temptation; it may be said with more justice that this

province enjoys a modest competence. Poverty makes itself felt in the

provinces where great wealth is piled up, as in Flanders, Holland, the

department of the Seine, etc., and especially in manufacturing

countries, where the slightest political disturbance, the slightest

obstruction in the channels of trade, will suddenly reduce thousands

from a state of well-being to one of distress. It is these sudden

changes from one state to another that give birth to crime, especially

if those who suffer from them are surrounded by temptations, and are

irritated by the continual sight of luxury and an inequality of fortune

that makes them desperate.” [34]

In speaking of the three races that make up the population of France,

Quetelet says:

“The most remarkable anomaly that the Celtic race seems to present is

found in the departments that belong to the valley of the Seine,

especially below Paris. Several causes contribute to bring this about.

We shall note first that these departments are those which, by reason

of their extent, contain most persons and things, and consequently

offer most opportunities to commit crimes; it is there that there is

most movement and that most vagrants flow in from all districts....

Finally, it is here also that we find most industrial establishments

and these establishments support a congested population whose means of

support are more precarious than in other vocations.... The commercial

and industrial provinces of the Netherlands are likewise those in which

most offenses are committed.” [35]

III.

EDW. DUCPETIAUX.

One of the parts of his “Paupérisme dans les Flandres” treats of the

criminality in the two provinces of that name. We quote the following

from it:

“Criminality is the inseparable companion of poverty. As the number of

indigent persons increases, we see the number of crimes also increase.

Hunger is a bad counselor. In the midst of crushing destitution, a man

gradually loses the notion of justice and injustice, of good and bad;

beset by needs that he cannot satisfy, he disregards the laws, and ends

by recoiling from no attempt that appears capable of bettering his

condition. Visiting a prison is enough to convince one of the influence

of this cause upon the number and the nature of the offenses, and

before even questioning the statistics that attest the progress of

criminality in Flanders, we could be assured that this progress had

coincided with that of pauperism. It is not then a demonstration (which

we judge quite unnecessary) that we are about to offer here, it is only

a series of facts that may serve to make the reader appreciate the

greatness of the evil and the urgent necessity of attacking its source.

“The first of these facts is the high figure for convicts belonging to

East and West Flanders, when compared with the total number of convicts

in the central prisons.... In the ten years between 1838 and 1847,

23,075 convicts were received in the central prisons of the kingdom;

10,308 belonged to the two Flanders and 12,767 to the other provinces;

the proportion, to 1000 convicts, was 447 for the first two provinces,

and 553 for the seven others. Now this proportion is considerably in

excess of that of the respective populations of the two divisions,

since, to the thousand inhabitants, there are only 331 in Flanders and

669 in the rest of the kingdom. In other words, during the decennial

period in question, one prisoner was received to 139 inhabitants in

Flanders, and to 227 in the seven other provinces.

“The second fact is the increase in the number of persons arraigned and

convicted in the Flemish provinces during the last few of these years,

and particularly since the food shortage of 1845. In a space of seven

years, the number of those arraigned in the two Flanders increased

about in the ratio of 7 to 17; that of those condemned to imprisonment

grew, during the same period from 35 to 123, or nearly quadrupled.

“These data are confirmed by an abstract of the numbers received into

the jails and prisons of the two provinces, as well as by the average

population of these establishments, during the period from 1839 to

1848:

======+===============================================+=======+==========

| Persons Received into the Jails and Prisons of| | Average

+-----------------------------------------------+ |Population

Years.| |Totals.| of the

| West Flanders. | | Prisons.

------+-----------+-----------+-----------+-----------+-------+----------

| Bruges. | Courtrai. | Ypres. | Furnes. | |

+-----------+-----------+-----------+-----------+ |

1839 | 1,578 | 592 | 572 | 169 | 2,911 | 233

1840 | 1,502 | 643 | 821 | 196 | 3,162 | 238

1841 | 1,377 | 795 | 599 | 175 | 2,946 | 311

1842 | 1,489 | 863 | 836 | 271 | 3,459 | 346

1843 | 1,478 | 922 | 790 | 298 | 3,488 | 374

1844 | 1,502 | 941 | 696 | 270 | 3,409 | 379

1845 | 1,876 | 935 | 600 | 254 | 3,665 | 376

1846 | 2,378 | 1,108 | 935 | 601 | 5,022 | 574

1847 | 3,751 | 2,012 | 1,238 | 909 | 7,910 | 820

1848 | 2,859 | 1,960 | 1,070 | 690 | 6,579 | 694

+-----------+-----------+-----------+-----------+ |

| East Flanders. | |

+-----------+------------+----------+---------- + |

| Ghent. | Audenarde. | Termonde. | |

+-----------+------------+----------------------+ |

1839 | 2,094 | 842 | 754 | 3,690 | 289

1840 | 2,311 | 919 | 852 | 4,082 | 357

1841 | 2,163 | 771 | 852 | 3,786 | 351

1842 | 2,171 | 844 | 905 | 3,920 | 333

1843 | 3,610 | 991 | 870 | 5,471 | 408

1844 | 2,548 | 760 | 718 | 4,026 | 345

1845 | 2,579 | 1,061 | 1,461 | 5,101 | 360

1846 | 5,499 | 2,732 | 2,092 | 0,323 | 619

1847 | 7,491 | 6,943 | 3,240 | 7,674 | 972

1848 | 6,309 | 4,462 | 2,829 | 3,600 | 698

======+===========+============+======================+=======+==========

“The increase in the numbers received into the jails and prisons of the

two provinces took place especially in the years 1845, 1846, and 1847;

in 1848 we note quite a pronounced decrease, which continues in 1849.

Of all the signs to prove the existence and progress of pauperism, this

is perhaps the most certain. During the disastrous years that had just

elapsed, the prisons became in a sense annexes of the hospitals and

almshouses; a great number of offenses were committed with the sole

object of finding asylum....

“As to the children, we shall understand the imminence of the danger

when we realize that in the short space of three years, from 1845 to

1847, 26,247 children and young persons of both sexes under 18, were

incarcerated in prison or were inmates of workhouses. Most of these

children belonged to the two provinces of Flanders, and a great number

were arrested outside the limits of their province. Here is the

increase in the number of those received into the prisons of Ghent and

Bruges, and the jails of Audenarde, Termonde, Courtrai, Ypres, and

Furnes:

==========+==========================+=========================

|Young Prisoners (under 18)|

| Received in | Total during the 3 Yrs.

Cities. +--------+--------+--------+--------+--------+-------

| 1845. | 1846. | 1847. | Boys. | Girls. |General

| | | | | | Total.

----------+--------+--------+--------+--------+--------+-------

| Prisons of E. Flanders.

+--------+--------+--------+--------+--------+-------

Ghent | 350 | 1,345 | 1,898 | 2,671 | 922 | 3,593

Audenarde | 207 | 315 | 674 | 929 | 267 | 1,196

Termonde | 123 | 235 | 406 | 616 | 148 | 764

+--------+--------+--------+ -------+--------+-------

| Prisons of W. Flanders.

+--------+--------+--------+--------+--------+-------

Bruges | 459 | 299 | 550 | 1,110 | 198 | 1,308

Courtrai | 116 | 170 | 331 | 560 | 57 | 617

Ypres | 70 | 184 | 250 | 414 | 90 | 504

Furnes | 43 | 139 | 57 | 151 | 88 | 239

+--------+--------+--------+--------+--------+-------

Totals | 1,368 | 2,687 | 4,166 | 6,451 | 1,770 | 8,221

==========+========+========+========+========+========+=======

“This deplorable fact of the increase of criminality among the young is

explained by the statistics of indigence. We see in fact that, among

the indigent persons aided in East Flanders, in 1847, there were:

==============================+===========+===========+========

| In the | In the |

| Cities. | Country. | Total.

------------------------------+-----------+-----------+--------

Indigent persons under 6 yrs. | 6,693 | 34,637 | 41,530

,, ,, ,, 12 ,, | 8,327 | 37,437 | 45,764

,, ,, ,, 18 ,, | 5,597 | 20,060 | 25,653

| | +--------

General total | 112,947

======================================================+========

“Supposing that West Flanders, which has more dependents in proportion

than East Flanders, has the same proportion of children, we arrive at a

total for the two provinces, of 225,894 indigent persons whose age is

not above 18. In this number there are 174,588 who have not passed

their twelfth year! And there are thousands of orphans!

“Notwithstanding the improvement that begins to make itself felt,

thanks to the resumption of work and the low price of provisions, many

of these young unfortunates continue to give themselves up to begging

and vagrancy. But lately driven from their homes by cold and hunger,

they form a wandering population, incessantly buffeted from almshouse

to almshouse, from prison to prison.

“In Brussels at this present moment (July, 1849) there are still to be

found in the annex of the prison, about 250 mendicants, among whom are

97 children below the age of 17. In the prisons of Ghent and Bruges

their number is equally great.” [36]

“It is an established fact, then, that the increase of criminality in

Flanders has gone hand in hand with the extension of poverty. The

latter brings about the abandonment of homes; ... from this come

mendicity, vagrancy, marauding, and theft. The incarceration of so

great a number of unfortunates brings the most disastrous consequences.

The germs of corruption, brutality, and crime are continually injected

into a large fraction of the population. The habit of working is lost,

energy is relaxed, idleness becomes incurable. When we think especially

of the mass of children who, during the last few years, have passed

through the prisons and almshouses, we cannot picture without pity,

mingled with fear, the future of this generation, initiated at an early

age into the existence of criminals, and condemned to the dangers and

evils inseparable from the abandonment and degradation to which they

are a prey.” [37]

IV.

L. M. MOREAU-CHRISTOPHE. [38]

In speaking of England, after having sketched how industrialism, as it

spread more and more, drew after it an increase of pauperism, the

author says of the connection between criminality and economic

conditions:

“Parallel with the ascending figure for pauperism, rises the growing

figure for criminality. The number of persons arraigned at the assizes

of England and Wales has increased as follows:

=============+==========+===============

Years. | Totals. |Annual Average.

-------------+----------+---------------

1814 to 1820 | 78,762 | 11,252

1821 to 1827 | 99,842 | 14,263

1828 to 1834 | 134,062 | 19,152

1834 to 1840 | 162,502 | 23,214

1841 to 1847 | 193,445 | 27,760

=============+==========+===============

“Thus in a space of thirty-four years the number of crimes has more

than doubled in England, while, in the same interval, the increase of

the population has hardly passed 40%.

“The parallelism between the growing pauperism and growing criminality

is even more striking when the comparison is applied to the delinquents

under the summary jurisdiction of the justices of the peace. Up to the

time of the establishment of the workhouses in 1834 the number of poor

persons assisted increased progressively from year to year. Well, the

number of persons arrested by the metropolitan police followed the same

progression. This number was 72,824 in 1831, and 77,543 in 1832. In

1833 the new poor law with its terrible workhouses was approaching;

consequently the number of arrests was no more than 69,959. In 1834 the

law was promulgated, and up to 1838 was executed with great rigor; as a

result the number of arrests fell to 64,269 in 1834, to 63,674 in 1835,

and to 63,584 in 1836. In 1837 the severity began to relax;

consequently the number of arrests increased to 64,416. In 1839 the

laxity continued, and the number of arrests increased to 70,717. Laxity

reached its height in 1842, and the number of arrests rose to 76,545;

this was an arrest to each 25 of the population.

“In Newcastle in 1837 the magistrates sentenced 1 person to 24 of the

whole population. In Leeds during a period of six years, from 1833 to

1838, there was one person arrested to 32 of the population. In

Manchester in 1841 ... the ratio of persons arrested, to the

population, was as 1 to 21.... In 1831, ten years earlier, the

proportion was still only 1 to 78. It almost quadrupled, then, in the

interval. In Liverpool in 1840 there was one arrest to 12 inhabitants.”

[39]

V.

G. MAYR.

The statistical data that form the basis of Dr. Mayr’s “Statistik der

gerichtlichen Polizei im Königreiche Bayern und in einigen anderen

Ländern” are different from those used in similar works. For, while

generally only the number of crimes whose authors have been convicted,

or that of delinquents punished, are considered, Dr. Mayr is of the

opinion that to obtain a true picture of the morality of a people, it

is necessary to take into account the number of crimes known to the

police. “If we wish really to form an exact picture of the moral

condition of a people, we must first of all ask ourselves the question,

how great is the number of the cases of crimes of different kinds that

are of common notoriety, before we ask how great is the number of the

individuals who are convicted of these crimes. The immorality of a

people is determined not by the number of individuals convicted, but by

the number of crimes committed; else that people would be most moral in

which no offender ever let himself be caught, even if more crimes were

committed there than elsewhere.” [40]

BAVARIA.

The results of Dr. Mayr’s researches in regard to crime in this country

are shown by him in a number of charts. [41]

Cis-Rhenal Territory. A comparison of the curves for crimes against

property and those for crimes against persons shows us that the first

descends as the other ascends, and vice versa. In seeking for the

causes we find that in general the motives for the latter class of

crime are, among others, coarseness, passion, and dissoluteness, while

that of the first kind of crime is the desire to secure objects for

direct use. The more difficult it is to gain a livelihood in a lawful

manner, the more this tendency will develop.

According to the author, the fluctuation in the price of grain is one

of the most important factors bearing upon criminality. And indeed, in

examining his nine statistical charts the connection between the high

or the low cost of grain, and the great or the small number of offenses

against property comes out clearly. The curve for offenses against

persons, on the other hand, falls when the price of grain rises, and

vice versa. The improvement of living conditions, both subjectively

(through having the means to purchase the necessaries) and objectively

(through a fall in prices) must consequently exercise a considerable

influence upon criminality. This is seen very well in the last years of

the period 1835–61, when the price of grain was low, and wages very

generally increased. Hence, from 1857 on, there was an increase in the

crimes against persons, and a decrease in the crimes against property.

Criminality and economic conditions · 第 8 / 22 章