so much the more pardonable as the consequences have been aggravated by
the fault of others. Is it then in the intermediate region that we must
seek for the influences that lead to evil? It may be. This region is
not unknown to us. Let us seek here, without taking sides in any way,
and examine the facts as well as we can.” [211]
In opposition to the continual increase of criminality the author shows
that the national wealth has increased, although—and this should not be
forgotten—real property, with the exception of small holdings, has
decreased; the condition of the rural workers, on the contrary, has
improved.
In the second place Joly calls attention to the condition of
working-men in the cities. According to him the question of whether it
has grown worse must be answered in the negative, for the emigration
from the country to the city always keeps up. Notwithstanding their
higher wages men are no better off there, since they spend upon
amusements their additional earnings. If criminality increases among
them it is not, then, in involuntary poverty that the cause is to be
found.
At the same time with the increase of wages the price of food must be
noted. In most of the departments of France these prices have risen in
the same proportion as wages. Consequently the working-man has not
become better off. He has new needs, but when he has met these he has
not enough left for the primary necessities. It is not economic
factors, but moral factors, that come into play here.
The proportional increase of wages and the price of food, of which
mention has been made above, in the different departments of France, is
not met with in the departments of Morbihan, Vendée, Bouches-du-Rhône,
and Hérault. In the first two, prices have risen much more than wages,
while the contrary appears in the last two. As regards criminality, the
first two take their place among those that show the lowest figures,
the last two among those that show the highest. Joly draws from this
the conclusion that social life is too complicated for us to be able to
learn the morality of persons merely from the rise or fall of wages. In
any case it is certain, according to him, that the increase of
criminality that has been shown is not due to poverty, and that
consequently we have not the right to say that poverty in general is
one of the primary causes of crime.
However, it must not be lost sight of that in speaking of the increase
of wealth and the rise in wages, we are speaking only of average
figures, and that there are many individuals whose wages remain below
this average. “Now, where do we see the greatest differences, and where
are they most felt? Exactly in wealthy epochs and in wealthy
surroundings. So it is in the poor departments that crimes against
property develop the least. There are two reasons for this,
psychological and social. What any man feels the most is not being or
having absolutely; it is being or having more or less than those who
surround him. What must drive men to crime chiefly, then, is the
comparison of wealth with poverty.” [212]
Joly thinks he can produce further data upon the connection between
crime and poverty by checking up the kind of articles that are most
frequently stolen. Out of 1000 cases of theft (assizes, 1830–1860)
there were 395 cases of theft of money, next came thefts of personal
property, then clothing, etc., then successively, different kinds of
merchandise, jewelry and table-ware, food, grain, etc., and living
domestic animals. This information does not teach us much about the
relationship in question. For the articles stolen can be sold, which
prevents our discovering the motives of the crime.
The analysis of the value of the objects stolen also gives us little
information. During a period of 25 years the cases of theft of 10 to 50
francs were the most numerous (about 30%), next those of 100 to 1000
francs, then those of less than 10 francs. Ten years later the most
numerous were those of 100 to 1000 francs (33%).
However, on the strength of the statements of an old police officer,
Joly thinks he can draw the conclusion that poverty enters only to a
small extent into the etiology of crime. Nevertheless the established
fact that a rise in the price of grain is associated with an increase
of criminality, contradicts this. But according to Joly the
contradiction is only apparent. “Famines are exceptional; theft is
constant and while famines are always decreasing, theft is always
increasing. Suppose that in ordinary years people did not steal or
stole very little; the difficult moments would find them more patient,
more resolute to have recourse to legal and permissible means; we
should not see them so prompt to extricate themselves from their
difficulties by simply taking the property of others. But what
resistance can we count on from those who have long had the habit of
stealing from fancy, cupidity, or a desire to gormandize? What
resistance can be hoped for, especially when the habit has begun in
youth? Now, we have seen that a third of the thefts are committed by
minor children.” [213]
The weakness of the influence of economic conditions upon criminality
is, according to Joly, further proved by the fact that times of
prosperity are not accompanied by a decrease in the number but by a
change in the kind of crime committed (as Prins and Garofalo have
shown). Cheap wine makes most crimes against persons increase. But the
low price of grain has the same effect, since the working-man, when his
condition has improved even a little, spends his additional earnings in
all kinds of amusements, which, in their turn, may be the source of
crime. This is proved, for example, by the fact that in Marseilles
suicides are most numerous on Sunday and Monday, and fewest on Friday
and Saturday, a fact explained by the pay-days of the working people.
This is also applicable to crimes against persons.
To prove his thesis the author reminds us of the fact that domestics,
although not subject to privations, furnish a large percentage of the
thefts; that the percentage of thefts committed by unmarried persons
continually increases; and finally, that the investigation (of 107
cases tried in 10 years before the assizes at Rheims), made by a
magistrate (Ch. Vuébat), has proved that economic factors have little
importance for criminality, and moral factors much. “To sum up, it is
not the increase of poverty that is the cause of the increase of crime;
it is not property in general that leads to crime against property.
This is not saying that poverty, and innocent poverty, does not exist,
nor that it is not a bad counselor, nor that it is not the duty of the
upper classes and of the government to concern themselves with the lot
of the poor. It does mean that a man is less led into evil-doing by the
faults of others or by the fault of destiny than by his personal
faults.” [214]
—If one considers the study of the question by Joly from a critical
point of view, the thing that most strikes the attention is this; that
he puts economic causes by the side of the moral causes of criminality.
As I have already more than once remarked, this is not sound. Every
crime finds its origin in moral causes, or better, in the lack of moral
ideas dominant at a certain period. But one of the principal questions
to be answered is this; how far do these moral ideas find their origin
in definite economic conditions? Joly, being a spiritualist, has not
succeeded in formulating this problem well, still less in solving it.
His entire treatment of the relation between criminality and economic
conditions is characterized by a striking narrowness. He speaks of
poverty and wealth as if they were the most natural things in the
world, and had no need to be explained. Then he makes a distinction
between voluntary and involuntary poverty, and excludes the former from
the discussion as having nothing to do with the problem in question.
This manner of reasoning has rather the air of a penitential sermon
than of a scientific investigation. “Voluntary poverty” [215] is a
contradiction in terms. For a man tries as far as possible to spare
himself suffering and to gain happiness. There can never be any such
thing then as voluntary poverty.
Though his terms are unhappily chosen, Joly only wishes to point out
that poverty may originate in circumstances or in the person himself.
But in treating this problem he should not have been silent on a very
important, and very difficult point, namely how far these individual
causes of poverty are based upon the present economic system.
If the question treated by Joly is incomplete, what he says neither has
any great value, nor does it prove at all his statement that the
influence of economic conditions is small. He gives but a few pages to
the very difficult question of whether the standard of living of the
working class has been raised. He brings out the universally observed
fact that the wants of all classes have increased, but he seems not to
have noted that this is intimately bound up with the present mode of
production. He cites the testimony of an old police officer, and the
investigations of a magistrate (investigations, it may be said in
passing, that reached the colossal number of 107 cases) in order to
prove that most crimes are not committed as a consequence of immediate
privations—as if this were enough to solve the question of how far
economic conditions enter into the causes of crime.— [216]
II.
L. PROAL. [217]
In his ninth chapter, entitled “Le crime et la misère,” this author
gives some pages to our subject. It is incontestable, according to him,
that poverty exerts an influence upon criminality. The number of crimes
increases in the years of poor crops, or when there is a lack of work
owing to industrial or agricultural crises. Thus, criminality reached
high figures in 1840, 1847, and 1854, when the price of grain was high.
In consequence of this and of his personal experience (the author is a
magistrate) he thinks the opinion of Garofalo is incorrect, that
poverty only gives crime its form and is not a cause of it. For
indigence not only puts morality in danger by depriving some persons of
the bare necessities, but it also causes the children of the poor in
the great cities to be brought up in a pitiable manner.
Although the author is of this opinion, however, he does not subscribe
to the view that “the poor man is dedicated to crime.” On the contrary,
a great proportion of the poor are as honest as possible, and have
honorable toil as their only means of support. Judicial statistics show
that the rich are as guilty of crime as the poor.
“We see, then, that even if all the citizens had means and education,
there would always be criminals; the number of them would be a little
less, but not much. There would always be traders practising deception
with regard to the quantity and quality of their goods, merchants
adulterating food, employes abusing the confidence of their employers,
notaries embezzling the funds entrusted to them; there would always be
wives poisoning their husbands, and husbands killing their wives, and
teachers of lay and denominational schools committing sexual crimes.”
[218]
Most crimes are not committed to escape from want, but rather to
procure luxury and pleasure. Hence the rich as well as the poor commit
them. “To sum up, I do not believe that the rich are less tempted to
take the property of others than the poor. The more wealth one has the
more he wants; further, the more wealth increases, the more factitious
wants increase, and if one’s wealth becomes insufficient to satisfy
these wants, the thought of increasing it by any means is not slow in
coming. Admitting that some day all men may be rich and educated,
though that seems to me to be an impossible dream, cupidity will always
make thieves, rogues, and forgers; hatred and revenge will always
inspire homicide, murder, and arson; debauchery will always lead to
sexual crimes. Material and intellectual progress will never suppress
the passions and will not free men from the struggle that must be
maintained against them. It will always be necessary to repress anger
and sensuality, to put a bridle upon cupidity, and, in a word, to set
the soul free from its passions. The increase of well-being and
education will never make the police and the penal code unnecessary.”
[219]
—It will be superfluous to give a criticism of this discussion. We have
already met several authors who took this point of view. Proal is like
the others who do not even know how to put the question of the
influence of economic conditions clearly, who do not comprehend that
poverty and riches are both the inevitable consequences of the same
system.—
III.
M. DE BAETS. [220]
“It is an incontestable fact that the influence of poverty upon
criminality is immense.” It is thus that the author expresses himself
in the introduction to his work. I shall set forth his manner of
defending this thesis in the following lines.
The most disastrous consequence of poverty is the temptation to procure
illicitly what is needed for one’s well-being. We can see this in the
crimes of crowds as well as in individual crimes. At the 3d Congress of
Criminal Anthropology, Professor H. Denis gave certain facts with
regard to the correlation between crime and the economic status. [221]
During the years from 1845 to 1849 the curve of criminality coincides
exactly with that of the price of wheat. But at the close of 1850 the
two curves diverge, when the curve of wheat is replaced by that of
staple foods in general. If we follow the trend of wages attentively we
shall note that they also are higher in the last years. The increase of
criminality is no longer to be explained, therefore, by this rise. To
what, then, is it due?
In the author’s opinion we must note, first, that forced unemployment
is increasing; second, that poverty and wealth have force only by
comparison.
The well-being of the working man has increased, but that of men in
general much more so. This explains only a part of the phenomena given
above. The rest of his explanation is as follows: “There are, in fact,
other elements, which may neutralize the influence of the environment.
To all the solicitations of vice and crime man can offer resistance,
finding his refuge and support in moral force.
“Now, go to the poor and unhappy, and ask them what prevents them from
quickly slipping downhill into crime, and you will find in their mouths
the expression, naïve, but strong, of the idea of duty; and this idea
of duty you will find precisely and clearly only in that of submission
to an absolute, incontestable, unconditioned authority, that of God. A
man whom no one would suspect of any extraordinary good-will toward
religion, M. Jules Simon, said a few months ago, ‘The peoples must be
brought to God if we want justice and order to reign.’
“Must not even those who do not themselves believe, recognize in this
idea of duty, of law imposed by a God, the creator, an ‘idée-force,’ a
source in itself of energy and activity against evil and for good?
“It is in the diminution of this energy, in the efforts that have been
made to tear out of the hearts of the poor this root, whose flower is
hope, and whose fruit is virtue, that I am inclined to see one of the
causes of the frightful increase of crime, which all concede, some with
surprise and all with dismay.” [222]
In the second part of his discussion the author brings up the
degenerating influence of poverty. Although a man has a free will at
his disposal, it is necessary that he should also have an organism
capable of putting the will into action. Hence it is that degeneracy
makes its effect felt upon man.
“Now, misery is just the totality of the most imperious desires
remaining unsatisfied; it is the love of life, the love of well-being
left without gratification; it is the suffering of the wife one would
like to see happy, the hunger of the children to whom one would like to
give bread. And if crime can give this bread that one cannot find, if
crime can satisfy all these appetites, all these desires, it will
present itself with the most powerful attractions, with the charm of
fascination. Will the unfortunate man have the supreme energy to prefer
duty to enjoyment?” [223]
Poverty is a bad preparatory school for this contest; a weakened
organism will succumb more easily to temptation. And generally this is
accompanied by a lack of education and of the development of the higher
faculties.
In following the course of life of a proletarian we see that the child
of the proletariat carries, often from his birth, the signs of
degeneracy, since his mother was forced to work hard during her
pregnancy. From his childhood he is ill nourished, and grows up in an
unhealthful environment. There can hardly be any question of education,
for his father and mother work in the shop, which prevents any family
life. The child is not attached to the dwelling of his parents and
wanders in the street, where he picks up bad habits. Arrived at
adolescence, he enters the factory to pass the greater part of his time
in monotonous occupations. And once full grown, life for him consists
only in routine labor, monotonous and without end. “However, this man
has a soul, he has a mind! But it slumbers in a perpetual inertia.
Nothing in his life has awakened what is grand, noble, and divine in
this reasonable being. How can we hope to have the moral energy and the
sublime ambition for good survive in him?” [224]
However unhappy this manner of life may be, there is still lacking the
greatest misfortune that can befall the proletarian; forced inaction.
This is one of the chief causes that can drive him to commit crime! And
then there is another scourge of the working class, alcoholism. “Source
of poverty without any doubt, but fruit of poverty incontestably.”
Finally, of all the proletarians the most unhappy are the women. Low
wages and the monotony of tiresome work too often make prostitutes of
them.
To all these criminogenous causes the Christian must oppose the moral
sentiments which are drawn from his religion. His motto must be,
“rather death than dishonor.” But for that he must have heroic courage,
which most people lack. Perhaps before God these sinners will find
grace.
But all this cannot be a reason for society to allow to exist these
scandalous conditions, which, in a few words, are as follows:
“Insufficiency of the means of subsistence; work too long continued, as
measured by the exhaustion resulting from it; work demanded of mothers
of families; excessive and unsuitable labor expected of children;
improper conditions in certain industries.” [225]
This must be changed, and it is possible to do so. Not, however, with
the aid of the state, for then industry would lose the elasticity so
necessary to it. But the change must be brought about by association of
the proletarians. “In the forced individualism of the laborers is to be
found the cause of their ruin; the salvation must be found in
association.” The author closes by referring to the encyclical, “Rerum
novarum”, in which it is said that Christian workmen must band
together, and by encouraging the rich to help their less privileged
brothers. [226]
IV.
CRITICISM.
The authors of whom I have just been speaking, together with others,
like von Oettingen and Stursberg, of whom I have spoken in Chap. II,
have this idea in common, that the continually growing irreligion is a
cause of the increase in criminality; in other words, that irreligion
is a powerful factor of crime and that the irreligious are predisposed
to crime.
What proofs have been given by these authors in support of their
thesis, their very serious accusation against those who are no longer
religious? Most of them have not even tried to prove it. It is a dogma,
with which, therefore, we have nothing to do. An increase of irreligion
had been shown, also an increase in criminality, therefore there is a
causal connection. Protest must be made against any such methods of
reasoning. If there is a parallelism upon the chart between two curves
that do not undulate, we must be very careful about drawing the
conclusion that there is a connection, much more a causal one. That
irreligion has increased is certain; is the same thing true of
criminality? Certainly not. The trend of criminality as a whole is very
rarely uniform, there is almost always a divergence; for example,
economic criminality and violent criminality very rarely keep pace with
each other. If we wish to give a general idea of the trend of
criminality, we can only say that it is decreasing rather than
increasing. The spiritualist authors often cite Germany in support of
their thesis. This is no longer possible, for, after an increase in the
total figures up to the end of the nineteenth century, there is now a
fluctuating decrease.
In the Netherlands we can estimate the increase of irreligion; [227]
according to the censuses of 1879 and 1909, the percentage of those who
are not members of any church has increased enormously, from 0.31 to
4.97, an increase of 1500% in 30 years! What an increase of crime must
we look for! The reality is very different. The curve of crime has
fallen without any doubt. [228] The facts and the thesis do not agree.
Another way of examining the question is to be found in “criminal
geography.” Since irreligion shows enormous differences in the
different parts of a country, we ought to find considerable criminality
in the provinces where the lack of religion is most in evidence. For
the Netherlands, in my study already referred to, I have given detailed
tables with the result that there is no connection between the
phenomena in question. In general we have even the right to say that
the provinces with the lowest figures for irreligion show a high
criminality, and vice versa!
The best means of settling the question is by a direct statistical
study. I have made calculations, based upon the criminal statistics, of
more than 126,000 individuals sentenced during the period from 1901 to
1909, in the Netherlands. Here are the results:
Netherlands, 1901–1909.
====================================+===========================================================
| Number Sentenced to 100,000 of the Population
| Over 10 Years Old.
+-------------+-----------+-------+-----------+-------------
| | | | Not |
Offenses. | | | | Members | Total
| Protestant. | Catholic. | Jew. | of Any |Population.
| | | | Religion. |
------------------------------------+-------------+-----------+-------+-----------+-------------
All offenses | 308.6 | 416.5 | 212.7 | 84.2 | 337.3
Theft | 40.0 | 54.8 | 25.5 | 9.6 | 43.9
Aggravated theft | 19.9 | 24.0 | 12.7 | 5.2 | 20.7
Receiving stolen goods | 2.6 | 3.5 | 9.2 | 0.7 | 3.0
Embezzlement | 8.6 | 9.3 | 13.1 | 1.9 | 8.7
Fraud | 2.4 | 2.5 | 3.9 | 0.4 | 2.4
Offenses against public decency | 1.9 | 3.4 | 2.0 | 0.5 | 2.4
Minor sexual offenses | 1.2 | 1.0 | 0.3 | 0.2 | 1.0
Rape | 1.5 | 2.2 | 1.5 | 0.7 | 1.8
Sexual crimes with persons under 16 | 0.3 | 0.3 | 0.1 | 0.0 | 0.3
All sexual crimes | 5.1 | 7.1 | 4.1 | 1.6 | 5.7
Rebellion | 25.9 | 37.0 | 13.2 | 12.2 | 29.0
Assaults | 74.4 | 98.2 | 43.2 | 20.1 | 80.1
Serious assaults | 8.5 | 11.0 | 3.9 | 1.9 | 9.1
Homicide and murder | 0.4 | 0.6 | 0.5 | 0.1 | 0.5
====================================+=============+===========+=======+===========+=============
The results are the following, then: the first place is almost always
occupied by the Catholics, the second by the Protestants, and then come
the Jews (except in cases of receiving stolen goods, embezzlement, and
fraud), and the minimum of criminality (in all crimes without
exception) is shown by the irreligious!
Here we have not the task of explaining this fact, we only bring it
out; and we have the right to declare that the thesis: “irreligion
leads to crime”, is not correct.
CHAPTER VII.
THE THIRD SCHOOL [229] AND THE SOCIALISTS.
I.
F. TURATI.
In the first chapter of his “Il delitto e la questione sociale”, the
author shows that among the numerous misfortunes from which the
proletariat suffers, this must be reckoned, that it is almost
exclusively from its ranks that criminals are recruited. “The criminal
tribute is the almost exclusive privilege of one social class. And as
the bourgeoisie has so far thought out no better plan than to oppose
the degradation of crime with another degradation called punishment, it
has come about that to the monopoly of the criminal tribute is added,
for the poor, the monopoly of the penal tribute.” [230]
After having spoken, in the following chapter, of “free will”, Dr.
Turati gives his attention to an opinion of Dr. Lelorrain, who says
that we must modify man if we wish to make criminality disappear or
decrease. Dr. Turati objects that it is exceedingly difficult to change
man, and that there is an easier and more effective way, namely to
change society. In a society where everything is bad, where the
exploitation of one by the other is the rule, where the enjoyment of
some goes on at the detriment of others, and this under the protection
of the law—in such a society there is a perpetual incitement to crime.
It is the ideal of socialism to create a society in which crime shall
be neither necessary nor advantageous. However short its duration, the
colony of New Lanark founded by Owen, is one of the best proofs of the
correctness of this idea. In a society formed in accordance with this
socialistic ideal, crime would appear only exceptionally, by atavism,
for example, and would cease to be a general and always threatening
danger.
“The social penal question is a question above all of social
transformation.” Many objections have been made to this statement. The
school of Lombroso and Ferri sets up in opposition its theory of the
triplex character of the factors of crime; cosmic, individual, and
social. When society is so modified that the interests of the
individual are identical with those of the community, it would be only
one part of crime that would disappear; one could not, for example,
prevent an extraordinary heat from causing crimes against morals.
According to Dr. Turati it is not impossible to refute this objection,
though it may be difficult to do so. In the first place Ferri
recognizes the social causes as more important than the other two put
together. He estimates that the number of persons driven to crime by
social reasons (passion and occasion) is more than 60%; the others
(insane or half-insane criminals, born-incorrigibles, and habituals)
form a minority, then. But among these there are many criminals by
habit, who were not born as such, but have become such from force of
circumstances. Dr. Turati estimates that from 70% to 75% of criminals
have come to commit their crimes from social causes. When we take
account further of the fact that about 18% of the prisoners are insane,
the number of real criminals who have become such from other than
social causes is reduced to 10% at the most.
According to Dr. Turati the physical and anthropological factors exert
an influence upon the form, but not upon the nature, of the crime.
Further, these three causes are present in every crime, but almost no
crime would be committed without the social cause. It is this last that
is always the predominant factor. When it is removed, then, the other
two are reduced to zero. The facts have proved this. Owen’s colony was
not made up of peculiar material, and the physical surroundings were
neither better nor “more honest” than any other. Nevertheless, crime
was unknown there. But the author furnishes still further proofs in
support of his thesis that physical and anthropological causes amount
to nothing in comparison with social causes, which in turn are
dependent upon economic conditions. With the exception of crimes
committed by the propertied class, which are in general the result of
excessive cupidity, or a commercial uneasiness, and which will “ipso
facto” disappear without any doubt when once society is otherwise
organized, the greatest contingent of criminals is furnished by the
class of non-possessors. Now all the physical influences, such as
climate, act upon the two classes in the same way, nor are there
anthropological differences between the two classes, yet the difference
between them as regards criminal tendencies is great. It is the social
factors, then, that explain the difference.
However, another observation must be made here. Ferri cites in a mass,
as social factors, the increase of population, emigration, public
opinion, customs, etc. But when we examine and classify these factors
minutely, it becomes clear that in reality they are based upon economic
conditions alone.
However, this observation is not applicable to “criminals by passion”,
since in their case the influence of the environment appears to be but
weak. Lombroso estimates that they form 5% of all criminals, and Ferri
is of the opinion that it is only 5% of those who commit crimes against
persons who are criminals by passion.
One of the anthropological causes of crime is “man”, and one of the
cosmic causes is “the universe.” But neither has anything to do with
crime as such. Otherwise the air we breathe and the food that we eat
would be causes of crime. On the contrary, it is the organization of
society that is the cause of crime, and physical and anthropological
influences are only conditions. (Speaking scientifically we do not
separate causes and conditions, but this is the common usage.) If the
causes ceased to exist the conditions would have no further importance.
Next, Dr. Turati treats of certain kinds of crime. First, crimes
against property. As almost every criminologist will admit, these
crimes are intimately connected with the unequal division of property.
“But,” an opponent will object, “it is not possible, by means of social
institutions, to change cosmic influences, such as a low temperature,
or the failure of the crops, both of which cause an increase of the
crimes against property.” Those who are of this opinion forget,
however, that a man does not become criminal because he is cold, but he
who is cold becomes criminal only if society neglects to provide for
the needs born of the cold.
The influence of society is not seen so distinctly when crimes against
persons are in question. Nevertheless it is very great; the economic
conditions of our day work in two ways, through poverty on the one
side, and injustice on the other. Poverty injures not only the physique
but also the morals of a man, since it leaves him in ignorance and
grossness, and does not develop his moral sentiments. And then it is
harder to bear the evils caused by society than those caused by nature.
In the second place, economic inequality stifles the sense of justice
in man, since it accustoms him to this inequality. “The law is equal
for all”, is only a phrase, for all are not socially equal.
One of the most wide-spread objections to the proposition that crimes
spring from social conditions is that if an improvement in these
conditions leads to a decrease of the crimes against property, the
crimes against persons increase. This is urged by Ferri, among others,
as one of the most effective arguments against Turati and his
partisans. But against this may be urged another fact brought out by
Ferri, namely that while crime is increasing, it is becoming less
intense and less brutal. We see clearly, then, that it is possible to
have a powerful counter-determinant to the tendency to commit crimes
against persons, i.e. education.
As to sexual crimes, they increase when the food supply increases. This
is the cause: sexual needs have a direct relation to nutrition. An
increase of the sexual needs, however, has nothing to do with
criminality. It is only the social organization that changes these
needs that have become more intense, into crimes, by subordinating the
satisfaction of them to economic considerations. There are, besides,
other social causes, like bad housing etc., that lead the proletariat
to commit the crimes in question.
The author then points out the enormous influence of the abuse of
alcohol upon criminality, the causes of this abuse being also found in
the social organization.
Another argument of Ferri’s must be refuted, i.e. that Turati and his
followers attach too much weight to education. Notwithstanding the
equality in the education of two brothers, says Ferri, one becomes a
scamp and the other a hero. To which the author replies that we can say
with just as good right, thanks to education the brother of a scamp
becomes a hero.
But in speaking of education Ferri has in mind that of the bourgeoisie,
which is in opposition to morality, and can consequently have but
little influence. From the day when the state of society shall have
become sound, and the interests of all taken to heart, morality can be
in harmony with reality.
“The true, all-inclusive penal substitute is the equal diffusion, so
far as is socially possible, of well-being and education, of the joys
of love and thought.”
II.
B. BATTAGLIA.
Before speaking of the influence of economic factors upon criminality,
I feel obliged to point out, by the following quotation, what the
author of “La dinamica del delitto” understands by crime: “Primarily it
must be noted that crime is not, in itself, a phenomenon that assumes
the criminal character from its own nature; but the criminal character
is affirmed or denied according to certain purely accessory
circumstances that accompany the act; and in all cases the crime is
such with reference to social relations.” [231]
“From the human point of view a crime represents the satisfaction of a
need of the criminal, like the satisfaction of any other need, and
comes under the law of the struggle for existence. In fact, a need not
satisfied constitutes a pain, and pain, whatever its nature be, first
excites and then depresses and exhausts the functional power of the
organism. The organism, under the influence of pain, loses a quantity
of phosphates proportional to the intensity of the pain; the
physiological equilibrium is broken, and some functions important for
the internal economy are neutralized. The organism, because of the law
of conservation, is called upon to relieve the pain. Often it can do
this without injury to others; at other times it comes into collision
with social interests, and in such a case falls into crime.” [232]
After having spoken of the anatomical and physiological characteristics
that have been observed in criminals, Dr. Battaglia comes to the
investigation into the causes that produce crime. In examining the
factors of crime we see, according to the author, that they consist of
two great groups, first, criminogenous factors, and second, occasional
factors. These last are important only when they are present with the
first. Among the occasional factors are to be classed in the first
place, age, meteorological occurrences, etc., in short, the influences
to which the whole population are subjected. In the second place, sex,
economic conditions, education, etc. i.e. influences which have a less
universal sphere. However, none of the occasional factors can, by
itself, cause a crime to arise. Otherwise a whole population would be
criminal in the same way, since some factors, climate for instance,
exercise their influence upon the whole population. In order to lead to
crime these factors must exert their influence upon intellectual
faculties especially disposed toward crime.
The factors really criminogenous, are those which create certain
physico-psychical conditions, from the complexus of which results the
personal capacity for crime, such as the diseases and defects of
development and nutrition, cranial and intracranial; improper
education; psychical heredity; and atavistic reversions.
“When these factors have prepared the mental condition, by making it
different from that of all others, any opportunity whatever is a
sufficient psychical factor, and a crime is committed. Therefore the
criminogenous factors are those that have the real social importance,
because they prepare inevitably for delinquency.
“It is true, on the other hand, that any of the occasional factors,
acting in a certain way, and with a certain intensity and persistency,
can produce criminogenous factors, like education or alimentation.”
[233]
The author then treats some of the so-called “occasional factors”, such
as age, sex, and religion. I shall speak only of what Dr. Battaglia
says upon the influence of alcoholism and poverty upon criminality,
since this is pertinent to my work.
Alcoholism is a cause of crime in two ways, first, direct, i.e. when
crimes are committed under the actual influence of intoxication;
second, indirect, since chronic alcoholism causes demoralization and
degeneracy. As evidence in support of this the author cites the
opinions of Baer, Virgilio, and others.
As to poverty, Dr. Battaglia remarks that the opinion of Professor
Lombroso on this subject cannot be correct. The latter believes that
the importance of the fact that crimes against property decrease when
prices fall, is weakened by the circumstance that, according to Guerry,
the theft of food holds only the hundredth place in the table of
articles stolen. According to Dr. Battaglia this has no weight in a
critical examination of the influence of poverty. For anyone who is
driven to crime by hunger tries by preference to seize articles that
are of great value and little volume, since he can at once exchange
them for other articles that are directly consumable. Further it must
not be forgotten that alcoholism and bad education are intimately
connected with poverty, and lead in their turn to crime. Not only does
acute hunger incite to theft indirectly, it may lead to it directly,
for it may (according to Professor Follet) bring on a delirium. Chronic
hunger and malnutrition may cause pellagra, rachitis, tuberculosis,
scrofula, etc., or predispose to these diseases, which may cause crime
in their turn.
In the second part of “La dinamica del delitto” the author makes an
examination of what he has called the “criminogenous factors.” Crime is
a phenomenon that develops itself in society in accordance with certain
constant laws. Consequently the criminogenous factors must be found in
society. To discover them, then, it is necessary to examine the
different social institutions.
The family. In nature and in primitive society there rules a natural
selection by which the weak and sickly are prevented from reproducing
themselves, or from reproducing themselves as freely as those who are
stronger. But at present this selection is no longer felt; even the
most wretched, the most diseased can procreate, since it happens
constantly that marriages take place with a secondary object. Hence
transmission of degeneracy may go on from one generation to another,
and consequently, the indirect propagation of crime.
The social position of woman. The inferior position in which woman
finds herself in general (the cause of this is in social conditions,
since the position of woman varies among different people) occasions
crimes in different ways. First, since woman takes no part in the
public life, she is circumscribed in intellect, and consequently, vain,
egoistic, and ignorant. It follows that her influence upon her children
is often very bad. Then, because of her inferior position she easily
becomes the victim of unscrupulous men, who seduce her, so that she is
often driven to prostitution. In consequence of her ignorance she often
marries a man who has asked for her in marriage with an interested
motive. Further, her manner of living (lack of healthful work, etc.)
may bring on neuroses that are transmissible to her children.
Human reproduction. As an animal, man must satisfy two predominant
necessities, that of feeding himself, and that of procreating. Though
this last is not as strong as the other, it must nevertheless be
satisfied, and without this the human organism would experience very
painful consequences. Celibacy is very harmful to morality; it leads to
prostitution (with its consequences, like syphilis), to misconduct, and
hence to the abuse of alcohol, etc.—in short, it favors the birth of
anti-social sentiments.
The present laws governing the relations between man and woman are also
harmful to morality. The author here refers to the indissolubility of
marriage. When the motive for a marriage has ceased to exist, namely
when mutual love no longer exists, the marriage ought to be dissolved.
The harmful consequences of this indissolubility are numerous. Adultery
and many homicides flow from it; the education of children suffers from
it enormously; and finally if the mother expects a child, the vexation
consequent upon discord may exercise an unfavorable influence upon the
newly born.
Education. The development of the intellect and especially of the
feelings is of the highest importance to morality. For example, where a
disagreement will be settled in an amicable manner among persons who
are well brought up, the same disagreement among persons ill-trained
will often lead to brawls. Education is a very complex and difficult
task, requiring much tact and knowledge. It is not astonishing that as
practised it leaves much to be desired. And the consequences of this
absence of a good education are exceedingly favorable to the
development of criminality. However, it must not be forgotten that some
persons, in consequence of qualities transmitted by heredity, become
immoral despite the best imaginable education. The answer to the
question “should education be left to the parents, i.e. to private
persons, who can consequently corrupt their pupils entirely, and not be
under public control?” must, according to Dr. Battaglia, be absolutely
negative. In order that education may be effective in the family it
must be supplemented by the moral influence of the environment, which
also plays an important part in the education of the child. The great
congestion of persons in the cities, for example, should disappear,
because of its bad influence.
Instruction. The double end of instruction is in the first place to
strengthen the intellect by exercising it, from which it will result
that it will have a greater power over the feelings; and in the second
place to furnish a certain amount of positive knowledge, by which the
individual is put into a position to adapt himself to his environment
and to foresee the consequences of his acts. From this it follows that
instruction is of great importance in dealing with criminality. Those
who deny this mean by the “instructed man” one who has learned to read
and write; but it is evident that such instruction is not enough to
exercise an influence of any real importance. It is undeniable that
persons well reared may also become criminals, but in every case their
crimes have a less ferocious character than those of persons without
education.
Religion and State. Religion is opposed to progress, to the development
of the faculties, and to the general dissemination of knowledge that
improves men and increases solidarity; and it incites to intolerance.
Further, the confessional instruction is harmful to the intellectual
faculties of children. The state puts obstacles in the way of the free
movements of individuals; maintains civil marriage; prevents free
discussion, one of the primary requirements for progress; it sets up
compulsory education, but does not prevent the population’s being
brought up in error; by drafting great armies, it withdraws the best
forces from agriculture and manufacturing, so that the vigorous
individuals marry late, and prostitution is thereby encouraged; it
tolerates stock exchanges and lotteries; it favors crowding into great
cities, something that is very favorable, directly and indirectly, to
crime (bad housing conditions, alcoholism, etc.).
In the chapter that follows, Professor Battaglia reduces the factors
that he has just named “criminogenous”, to economic elements. “All the
inconveniences, the anomalies, the errors, the disorders, found in the
family, in the state, in social and religious relationships, etc., are
provoked by the economic situation in which society finds itself....”
[234]
Civil Status. In the communistic villages of Russia it is advantageous
for the father of a family to have many children, for the work in the
common fields is then performed more easily. Hence the marriages of
persons less than 20 years old are numerous. In the rest of Europe the
situation is entirely different. By marrying, a man makes himself worse
off, and at the birth of each child his cares increase. Hence marriages
are put off (especially among professional men) when the man cannot
provide for the needs of his family. For analogous reasons some deny
their sexual desires and contract a marriage to better their position.
In both cases economic conditions exercise an unfavorable influence.
When his income is not sufficient to support himself and his family
properly, the workman is obliged to labor longer than his strength
permits; he and his family are not well enough fed, their dwelling is
bad; consequently their physical condition deteriorates. The effects
are not only diseases, like scrofula, pellagra, phthisis, anemia, etc.,
but also a great predisposition to contract them. Poverty undermines
the organism and exhausts its strength.
In consequence of present economic conditions it is possible to amass
enormous wealth; but wants are still further increased relatively,
which brings it about that frauds, embezzlements, etc., are often
committed by persons of means, especially since the moral sentiments
are lost when one thinks only of gaining money. But wealth is
inconstant; he who has plenty today may be very poor tomorrow. This is
what causes the disquiet and agitation that characterizes the
bourgeoisie, and the neuroses that often follow. Finally the author
dwells upon the work of women and children, so harmful to morality and
to health.
Alcoholism. The inevitable consequence of poverty is the abuse of
alcoholic drinks. One who works too much and eats too little, who is
badly housed and ill-clad, and has no intellectual occupation, finds in
alcohol a means of forgetting his poverty. The life led by a great part
of the bourgeoisie leads also to alcoholism. The harmful consequences
of alcoholism are numerous, especially as regards criminality, because,
first, it leads directly to violent crimes, and, secondly, it
indirectly favors degeneracy.
Fatherhood. It is only for economic reasons that legal marriage, its
indissolubility, and all that belongs to it, are maintained. If each of
the parents kept his or her economic independence, there would be no
reason to take up the matter of legal regulation, and thus the question
of whether the father of the child is or is not the legal husband of
the mother would no longer concern the State.
Prostitution. Most prostitutes come from the lower strata of society.
Like the criminals they present signs of degeneracy, and from the sole
fact of degeneracy have taken on larger proportions in the proletariat
than in the other classes, though the chance that these women will
recruit themselves in this class is already greater. The other causes
of prostitution are of an economic nature, such as exploitation by
parents, bad housing, etc. In consequence of prostitution syphilis
spreads and in its turn favors degeneracy. Further, from the weakening
of their moral sentiments prostitutes are more easily led to commit
crimes.
Ignorance. The cause of the great ignorance of the working-people—an
important factor in criminality—is of an economic nature. The workers
have to exhaust their strength, and have neither the leisure nor the
means, for mental development.
Laxity of morals. In indigent families all the members sleep in one
room, often even in one bed. Hence it comes that sexual morality is
lacking. The parents, often absent on account of their work, leave
their children to their fate. These latter do not know how to look
after themselves, and easily learn bad habits from other children. The
education of the children of the bourgeoisie is no more favorable.
Often they learn only that they must make money, or acquire a social
position, or make a “good” marriage, a thing which leads them to all
sorts of deceits and intrigues to arrive at their end.
Plutocracy. The great armaments and wars of European powers are the
consequence of the present system of competition, which obliges the
constant search for new outlets for commerce.
Plutocracy of the Church. It is only upon its economic resources that
the great power of the Church rests.
Corollary. Poverty alone causes many moral situations from which crime
must logically result. The majority of criminals are in fact recruited
among the less privileged classes.
But the bourgeoisie is not happy simply because the proletariat is
unhappy. The cause of the unhappiness of both is in the present
economic conditions, by which the great majority of the population
vegetate in the blackest misery, while the others are immersed in idle
luxury. There is only one remedy for this injustice; it is to divide
the total product of labor among the workers, and not among the
capitalists.
III.
N. COLAJANNI.
The whole of the first volume and the first chapters of the second
volume of “La sociologia criminale” [235] contain a criticism of the
theses of the Italian school. The author denies the correctness of
these, since he believes that we must consider the anthropological and
physical causes as having little or no importance. This he demonstrates
in detail. In his last chapters Dr. Colajanni treats of social and
economic factors.
While admitting that economic conditions are of the highest importance
in the development of the whole social life, and consequently in the
matter of criminality, the author does not agree with Marx and Loria,
who consider every social occurrence, whether political, or religious,
or æsthetic, or moral, as the unique and direct product of an economic
phenomenon. [236]
According to the author, this assertion is carried too far, since the
feelings and passions of superior people, who do not think of material
profits, influence the masses at certain moments.
A great number of philosophers, moralists, poets, statisticians, and
economists have seen in economic conditions the “causa causarum” of
morality, and consequently also of crime. Pietro Ellero, among others,
says very decisively: “From private property are derived all crimes, or
almost all. Property engenders cupidity and haughtiness on the one side
and depravity on the other, even when it does not produce the perfect
tyranny of the one class and the degradation of the other. It is the
cause of most of the evil passions, faults, and crimes that are
committed, of the troubles, anxieties, sadness, and rancor from which
both rich and poor suffer alike. The immoral influence of property is
continued afterwards, and that terribly, in the present organization of
the family, constructed, as it is, almost always upon the basis of
calculation!” [237]
It is incontestable that economic conditions have a direct influence
upon the origin of crime. The lack of the means of satisfying the
numerous wants of a man is already a goad to incite him to procure
these means in any way whatever, honest or dishonest. And it is the
dishonest way that one will choose by preference when society makes it
difficult or impossible to act otherwise. A London pickpocket gets
$1500 a year on the average; on the other hand, the misery of those who
wish to earn their living honestly is indescribable. Further, the
honest man’s chance of being killed or becoming incapable of working is
greater than the thief’s chance of being punished. Honest work results
in fewer advantages and more dangers than dishonest work.
The indirect influence is not less important than the direct. War, our
present industry, the family, marriage, political institutions,
revolutions, vagrancy, prostitution, education, etc. are important
causes of crime, but they can all be reduced to economic causes.
According to many persons education is the one means of preventing
moral evils, but John Stuart Mill has already said: in our present
society the poor have no education, and that of the rich is bad. There
is no possibility of a good education if a certain material well-being
is lacking. Hence those who expect everything from education under the
present conditions are wrong.
But where does well-being cease and poverty begin? Both are only
relative conceptions; consequently we cannot fix their limits. In order
to attain the minimum of criminality in any given society there must be
the certainty of the means of subsistence, stability of economic
conditions, and equality in the distribution of wealth.
Some authors deny that political revolutions have their causes in
economic conditions. Lombroso and Laschi, for example, attempt to
explain them chiefly by physical influences; which is the more
astonishing, because in the general opinion it is from economic causes
that they are derived. They adduce, among other things, to support
their opinion, the fact that out of 147 revolts that took place in
Europe between 1793 and 1880, only a third were attributable to
economic conditions. It goes without saying that this does not at all
prove the correctness of their thesis, since in all these cases the
authors are speaking only of direct causes, while most military
revolutions, revolts against the royal power, etc., spring from
economic conditions, even if indirectly. It is true that in the 19th
century the direct revolutionary influence of crises and famines has
decreased, because of the measures taken by the governments. This does
not however prevent there having been revolts occasioned by such
conditions (Lyons in 1831, etc.). The frequent revolts in Belgium and
France, rich countries, do not furnish any proof against the thesis of
Dr. Colajanni; for notwithstanding the great wealth of these countries,
nothing proves that it is equally divided. As soon as the poverty of a
people has passed certain limits, we see in that country neither
crimes, revolutions, nor suicides, since all energy is then extinct.
Another question is this: how far is there a correlation between the
progress made by socialism and the increase of criminality. [238]
Several authors, like Garofalo, are of the opinion that there is an
intimate connection between the two. But they do not furnish any facts
as proofs in support of their assertion, to which, on the contrary, the
facts give the lie.
The countries where socialism is most widely spread do not show the
greatest criminality; rather the contrary. The German and Italian
districts where there are the most socialists are no longer the most
criminal. How could it be otherwise? While socialism is the conscious
and collective reaction against the existing order, crime is the
unconscious and individual reaction against that order.
Next, Dr. Colajanni turns his attention to idleness and vagrancy, which
are both causes of crime. Out of 32,943 thefts in Paris in 1882, 57%
were committed by vagrants.
But are idleness and vagrancy considered in themselves also offenses?
Any man is harmful to his species, says Féré, when he does not
collaborate, either materially or intellectually, in production.
According to Dr. Colajanni, idleness and vagrancy, viewed from such a
high social point of view, are really offenses. But then the idle rich
are also guilty of these offenses. Finally, what are the causes of
these crimes? Spencer, Féré, and Sergi say: the vagrants are the weak,
the degenerate, the parasites of society. The question is this, then:
do these phenomena find their origin inside or outside of the human
organism? Romagnosi says that vagrancy and idleness ought to be
punished only when they are not excusable. To make them inexcusable it
would be necessary to procure employment for every man who was willing
to work. Spencer, Sergi, and Garofalo, on the contrary, are of the
opinion that these crimes are almost always to be imputed to the same
persons. However, Spencer should not have forgotten that in his own
country, aside from industrial crises, numerous occurrences have forced
a great number of persons to become idlers and vagrants through no
fault of their own, as for example, the Irish and Scotch farmers driven
from their lands by the landlords.
And Garofalo should have known that it is capitalism that has made the
work of men superfluous by employing women and children, and that the
cause does not rest with those who suffer from it; on the contrary, the
cause of economic crises is not in their victims, but in the system
that is in force.
An examination of the causes of these two phenomena obliges us to
distinguish between habitual and accidental, or forced, vagrancy.
However—and this is too often forgotten—the latter transforms itself
into the former, for the taste for work is, like morality, an acquired
social product. This is why this quality is lost when one is long
without work.
One of the most important causes of the possible transformation of a
worker into a vagrant is a long illness. Having lost the habit of work,
and being enfeebled, a man will find great difficulty in going to work
again. If he does not succeed he descends step by step until he comes
finally to mendicity. But it is chiefly the economic transformations,
inventions, overproduction, that must be called the “causa causarum” of
the phenomena cited above. [239]
Prostitution, which occupies so important a place in the etiology of
crime, in almost every case finds its origin in poverty, in a bad
education, in a corrupting environment, as is proved by the official
investigations and the writings of specialists, like Parent-Duchatelet,
Fiaux, Augagneur, and many others. [240]
The correlation that exists between crimes against property and
economic conditions is very evident, and is direct. This causality
appears also with regard to crimes against persons. Only it is then
indirect. The influence of poverty upon criminality is especially great
when it has been of long duration. Proudhon is quite right when he
says: “Hunger that is every instant present, during the whole year,
during the whole life, hunger which does not kill in a day, but is
composed of all deprivations and all griefs, and unceasingly consumes
the body, ruins the spirit, demoralizes the conscience, corrupts the
race, generates all vices and diseases (drunkenness, among others), and
an aversion towards work and thrift, baseness of spirit, callousness of
conscience, laziness, and prostitution together with theft.” [241]
The fact that the number of thefts of provisions is relatively small
has little importance, since the thief always tries to steal some
article of small bulk and great value. Also it must not be forgotten
that little thefts of food often pass unnoticed, or without complaint
being made, because the party injured does not consider the act a
crime, since committed from necessity.
Another convincing proof of the influence of economic conditions is the
incontestable fact that it continually happens that a person will
declare himself guilty of a crime that has not been committed, with the
sole purpose of obtaining a lodging in jail. The great percentage made
up of crimes committed from cupidity, as well as the fact that the
number of recidivists is greater for crimes against property than for
others, shows the great influence of economic conditions.
The study of the morality of primitive peoples shows us that the crimes
of abortion, for example, of infanticide, and homicide upon the aged,
have their origin in economic conditions exclusively, the means of
subsistence not being sufficient to support a large population. When
these crimes occur among civilized peoples they have the same causes.
For example, cases of infanticide are very common in Trevise, one of
the poorest provinces in Italy. The lack of education or the influence
of other factors opposed to education are the reason why the corrupting
influence of which we have been speaking often rages in the lower
classes with all its force.
To prove the assertion that economic conditions have little influence
upon criminality, some authors cite the fact that England, with its
great wealth, shows a greater number of crimes against property than
Italy, which is much poorer. He who reasons in this way forgets that
the absolute wealth of a country may be very great, but the
distribution of that wealth not proportional. England gives us the
proof of this; in no other country is the difference between rich and
poor more pronounced, and without the presence of other important and
opposing factors, the criminality would be much greater than it is now.
One might also bring up the difference between the criminality of
Ireland, which is smaller despite the proverbial poverty there, and the
great criminality of Italy. However, when we study conditions in the
two countries we find that those in Italy are still more undesirable
than those in Ireland, which explains the greater criminality against
property in Italy. The mysterious assassinations of large landholders
and their agents in Ireland have also their cause in the bad
distribution of the land. In Belgium criminality is greatest where
well-being is least (in Flanders). According to the researches of Liszt
and Starcke, the poorest districts of Germany are also those that are
most criminal, etc.
Upon the economic condition of criminals the author gives the following
data: In 1870–71 there were among the prisoners at Neufchâtel 10% who
had some property, and 89% who had only their work for their support
(in the non-criminal population the percentage of these is much
smaller). According to the data of Stevens the prisoners in Belgium
were divided as follows: 1% of well-to-do persons, 11% of persons with
some income, and 88% of indigent persons.
The statistics of recidivists in Sweden from 1870 to 1872 give the
following information:
Well-to-do 0.64 %
With sufficient means of subsistence 10.08 ,,
,, insufficient ,, ,, ,, 43.54 ,,
,, miserable ,, ,, ,, 45.63 ,,
Marro, in his “I caratteri dei delinquenti”, gives us the following:
=====================================+============+================
| Criminals. | Non-criminals.
-------------------------------------+------------+----------------
Without property | 79.6 % | 43.4 %
Minor children of well-to-do parents | 4.1 ,, | 10.5 ,,
With a little property | 6.7 ,, | 18.4 ,,
With considerable property | 9.4 ,, | 27.6 ,,
=====================================+============+================
At the time that they committed their crimes 43% of these criminals in
general, and more than 50% of the criminals against property were
without work.
All that has been given above has to do with statics; what follows has
to do with dynamics. The rule universally observed is this:
modifications in economic conditions are followed by modifications in
criminality. When the former grow worse, the number of crimes (and
especially of those against property) increases, and vice versa. It is
especially the proletariat, who have no means of resisting the
unfavorable influence of crises, a rise in the price of food, etc., who
are hardest hit in these cases.
The author gives some data. In Italy in 1880 a great increase of crime
coincided with a lack of work and with a rise in the price of
provisions. The gradual diminution in criminality must be attributed to
the good harvest and the large emigration. In Belgium the number of
prisoners rose during the crisis of 1846 from 6750 to 9884. In Norway,
in consequence of the depression of 1869, crimes against property
reached the maximum. The number of prisoners in Sweden rose from 1835
to 1839, chiefly because of poverty, from 12,799 to 18,357. A great
increase in crime took place in England in consequence of the crises of
1826, 1830, 1847, and others. In the United States there were in 1884
not less than 400,000 working-men without work, which explains the
following figures:
===================+=========+=========
| 1883 | 1884
-------------------+---------+---------
Homicides | 1,494 | 3,377
Cases of lynching | 92 | 219
Suicides | 910 | 1,897
===================+=========+=========
In consequence of the economic crises of 1839, 1840, 1843, 1847, 1867,
1876, and 1881, the number of murders increased in France. [242]
The maximum stability and the minimum lack of proportion in the
distribution of wealth is the best preservative against crime. The
correctness of this rule is proved by the facts. The small number of
crimes among the Irish is explained by their altruistic sentiments,
which are the consequence of their social institutions from before the
conquest of their country by the English. Among Mohammedans crime is
rare. Also there may be remarked among them a true democracy, based
upon equality and fraternity. The Yorubas (in Eastern Africa) have a
mild character, and they are benevolent and true to their word; with
them the land is considered as common property, etc., etc.
“These are facts which speak clearly: the collectivism of the Javanese
dessa, of the Berber diema, the Russian mir, the Slav zadrouga, and the
village community of the early Aryans and North American Indians,
produces everywhere, with all climates, among all races, identically
the same results—morality and solidarity.
“It is to be noted also, that everywhere and at all times, whether in
the temperate or the frigid zone, in the North, in the South, or at the
equator, laws and institutions which aim to insure certainty of
subsistence and to maintain a certain equality, go far to cut down
crime; and they do it in such a way as to make those who live under
them more moral than those who are subject to different institutions
and laws. We have clear examples of this among the Hebrews, Iroquois,
Peruvians, Chinese, Berbers, etc., although they differ greatly as to
the grade of civilization they have reached.” [243]
IV.
A. BEBEL.
In “Die Frau und der Sozialismus” the author gives the following pages
to the relation between the present social organization and crime: “The
increase of crime of every description is intimately connected with the
social conditions of the community, little as the latter is inclined to
believe it. Society hides its head in the sand, like the ostrich, in
order not to be forced to recognize a state of things that bears
witness against it, and silences its own conscience and others’ with
the lying pretense that laziness and love of pleasure on the part of
the workmen and their want of religion is accountable for everything.
This is hypocrisy of the most revolting kind. The more unfavorable and
depressed the condition of society, the more numerous and grave do
crimes become. The struggle for existence then assumes its most brutal
and violent shape, it throws man back into his primæval state, in which
each regarded the other as his deadly enemy. The ties of solidarity,
not too firm at the best of times, become daily looser.
“The ruling classes, who do not and will not recognize the causes of
things, attempt to effect a change by employing force against the
products of these conditions, and even men whom we should expect to be
enlightened and free from prejudice, are ready to support the system.
Professor Haeckel, for instance, regards the stringent application of
capital punishment as desirable, and harmonizes in this point with the
reactionaries of every shade, who on all other subjects are his
bitterest enemies. According to his theory, hopeless criminals and
ne’er-do-wells must be rooted out like weeds, which deprive the more
valuable plants of light, air, and soil. If Professor Haeckel had
occupied himself even to a slight degree with the study of social
science, instead of limiting himself to natural science, he would have
discovered that all these criminals could be transformed into useful,
valuable members of society, if society offered them more favorable
means of existence. He would have found that the annihilation of the
criminal has just as little effect on crime, i.e. on the development of
fresh crimes, as if on a number of farms the ground were superficially
cleared of weeds while the roots and seeds remained undestroyed. Man
will never be able absolutely to prevent the development of noxious
organisms in nature, but it is unquestionably within his power so to
improve the social organism created by himself, that it may afford
equally favorable conditions of existence and an equal freedom of
growth to all; that no one may be forced to gratify his hunger or his
desire of possession or his ambition at the expense of someone else.
People only need to investigate the causes of crime and to remove them,
and they will abolish crime itself.
“Naturally those who seek to abolish crime by abolishing its causes
cannot take kindly to measures of brutal suppression. They cannot
prevent society from protecting itself against crime in its own way,
but they demand all the more urgently the radical reformation of
society, i.e. the removal of causes.” [244]
“The relationship between social conditions and crime has often been
pointed out by statisticians and sociologists. One of the offenses that
comes closest to us—for our society, in spite of all the Christian
teaching about charity, regards it as a crime—in times of business
depression, is mendicity. We learn from the statistics of the kingdom
of Saxony, that in measure as the last great commercial crisis grew
worse, beginning in Germany in 1890 with the end not yet in sight, the
number of persons sentenced for mendicity also increased. In 1889, in
the Kingdom of Saxony 8566 persons were punished for this offense, 8815
in 1890, 10,075 in 1891, and in 1892 as many as 13,120, a very great
increase. The impoverishment of the masses on the one hand, with
increasing wealth on the other, is the chief mark of our period. In
1874 there was one poor man to 724 persons, while in 1882 the number
had reached 1 to 622. [245] Crimes and misdemeanors show a similar
tendency. In 1874, there were 308,605 persons sentenced in
Austria-Hungary, and 600,000 in 1892. In the German Empire in 1882
there were 329,968 persons sentenced for crimes and misdemeanors
against the laws, i.e. 103.2 persons to 10,000 of the population over
12 years old; in 1892 the number of those sentenced reached 422,327, or
143.3 to the 10,000, an increase of 39%. Those convicted of crimes and
misdemeanors against property were:
1882 169,334 persons, or 53.0 to the 10,000 over 12
1891 196,437 ,, or 55.8 ,, ,, ,, ,, ,,
“We think that these figures speak volumes, that they show how the
deterioration of social conditions increases and multiplies poverty,
need, misdemeanors and crimes.” [246]
V.
P. LAFARGUE.
The first part of the study, “Die Kriminalität in Frankreich von
1840–1886”, is taken up with an examination of the trend of criminality
during these years. The author comes to the conclusion that during this
period crime has increased, and that the line that shows this increase
is made up of a succession of curves, alternately concave and convex.
In the second part, he treats of the causes of crime. He first points
out that the belief that the proclamation of liberty, equality, and
fraternity in the French Revolution would be speedily followed by a
diminution in crime, was not borne out by the facts. Then he takes up
the idea, so widespread in the first half of the 19th century, that one
of the most important causes of criminality is the lack of education.
This hypothesis has been generally recognized as false, in consequence
of an examination of the facts. According to Lafargue, who is entirely
in agreement with Quetelet on this point, it is necessary not only to
examine the qualities of the individual, but also especially to analyze
society, and to try thus to discover the sources of crime. Next the
author shows the results of the researches of Quetelet with regard to
the influence of the season, age, and sex upon criminality, and sets
forth and criticises briefly the theories of Lombroso and his partisans
with regard to the criminal man. We should run to too great length if
we gave more fully his refutation which is as brilliant as it is
accurate.
Some statisticians connect the returns of the harvests and vintages
with criminality. An investigation upon this point as regards France,
gives the following results: the years 1847, 1854, 1868, and 1874,
which are characterized by a great increase of crime, were preceded by
years of bad harvests.
The average of the crops of grain was:
from 1840 to 1853 about 80 million hectolitres
,, 1856 ,, 1885 ,, 100 ,, ,,
the crop rose:
in 1846 to 61 million hectolitres
,, 1853 ,, 63 ,, ,,
,, 1867 ,, 83 ,, ,,
,, 1873 ,, 84 ,, ,,
However, the bad harvests of 1855, 1861, and 1879 did not have these
results, and with the good crops of 1847 to 1852 crime increased. Here
there were, therefore, other factors. Consequently, although the price
of grain can partially explain the fluctuations of criminality, it does
not account for the general increase from 1840 to 1886.
The author combats further the opinion of Professor Lacassagne that
crimes against persons are especially under the influence of the
production and consumption of wine. If this were the case the
wine-growing departments ought to furnish the highest figure for crimes
against persons, which is not the case. On the contrary, Lafargue is of
the opinion that in this respect, the consumption of brandy is of more
importance. The continually increasing abuse of alcohol (i.e. of
spirituous drinks like brandy) which in its turn is due to the
miserable condition of the proletariat, is one of the causes of the
increasing criminality.
Quantity of alcohol consumed:
=======+======================+======================
Year. | Total (Hectolitres). | Per Capita (Litres).
-------+----------------------+----------------------
1850 | 585,200 | 1.46
1855 | 714,813 | 2.00
1860 | 851,825 | 2.27
1865 | 873,007 | 2.34
1875 | 1,010,052 | 2.82
1880 | 1,313,849 | 3.64
1885 | 1,444,342 | 3.86
=======+======================+======================
In the third part Lafargue makes special investigations with regard to
the correlation between economic conditions and criminality. If the
theory of Lombroso were correct, criminality ought to decrease; bad
harvests no longer explain the increase, and the climate has not
changed. However, the increase of criminality coincided with the
enormous increase in the productive forces in France.
=======================================+===========+=============+=============+============
| 1840 | 1860 | 1880 | 1884
---------------------------------------+-----------+-------------+-------------+------------
Horse-power of steam engines used | | | |
in manufacturing and agriculture | 34,350 | 177,652 | 544,152 | 683,090
Consumption of coal (in tons) | 4,256,000 | 14,270,000 | 28,846,000 | 30,941,000
Production of iron (in tons) | 585,000 | 1,430,000 | 2,790,000 | 2,747,000
Production of steel (in tons) | 8,262 | 30,000 | 389,000 | 503,000
Exports and imports (in millions | | | |
of francs) | 1,442 | 4,174 | 8,501 | 7,575
Increase of inheritances (in millions | | | |
of francs) | 1,608 | 2,724 | 5,265 | 5,244
National wealth (in millions of | | | |
francs) | 64,320 | 108,960 | 210,600 | 209,760
=======================================+===========+=============+=============+============
There is a close correspondence, then, between the development of the
economic forces and the increase of criminality. Must we regard this as
simply chance, or is there causality between the two? Quetelet has
already pointed out that the poorest districts, i.e. those in which the
absolute wealth is not great, but where the contrasts are not very
marked, furnish fewer criminals than the wealthier provinces. According
to Lafargue this has become still more striking with the development of
capitalism.
“The colossal development of the productive forces and the national
wealth does not lead to the increase of the well-being of all the
members of society, but to enormous fortunes on the one hand, and on
the other to misery and need, for the great majority of the
population.” [247] If the multiplying, grading, and perfecting of
punishments have been incapable of checking the upward progress of
crime, this proves that crimes and misdemeanors against the common law
are the necessary products of conditions, and are closely bound up with
the form and fashion of the creation of social wealth in capitalistic
society.
“The development of the capitalistic mode of production is not uniform;
at times it is over-rapid, and then slows up again and undergoes crises
that destroy the living of thousands and millions of individuals. If it
is correct that modern criminality is a necessary consequence of the
method of the production of wealth in capitalistic society, then the
fluctuations of crime must correspond with the variations in
production. The number of offenses must increase in times of crisis,
and decrease when economic conditions improve; in other words,
criminality is determined by the flourishing or depression of the
capitalistic mode of production.” [248]
As a means of measuring comparative economic conditions, Lafargue has
taken the annual number of failures. He has also traced a curve for the
price of flour. [249]
Examining the first plate we see that lines I and II, although not
entirely parallel with V, follow it in general. According to Lafargue
there are three counter-determinants that caused the deviations: first,
changes in the price of flour; second, political events; third,
extraordinary industrial activity. Thus, for example, it was the
political events of 1848–52 that prevented the decrease of crime during
those years, though the failures and the price of flour went down; and
at the close of 1854 a feverish economic development recommenced,
which, with the fall of the price of flour in 1856–59, caused a
decrease of criminality during those years. At the same time the
failures rose a little; but the line would doubtless show a different
course if it were drawn with reference to the ratio of failures to the
total number of commercial and industrial enterprises in this period.
The low price of flour in 1869 neutralized the increase of failures and
even diminished the criminality. From 1874 to 1878 a new industrial
revival kept crime stationary or reduced it. Since 1876 the failures
have increased greatly and crime follows at a little interval; the
falling price of grain (1881–1885) certainly exerted an influence.
[PLATE I.
I. Crimes against Persons and Property, tried at the Assizes. II.
General Criminality (Crimes and Misdemeanors). III. Offenses against
the Common Law, tried by the Correctional Tribunals. IV. Price of a
Sack of Flour in the Markets of Paris. V. Number of Failures.]
[PLATE II.
I. Thefts with Aggravating Circumstances, tried by the Assizes, and
Simple Thefts, tried by the Correctional Tribunals. II. Theft, Fraud,
Embezzlement, tried by the Correctional Tribunals. III. Number of
Failures and the Price of Flour Combined.]
The curves are almost constantly parallel; the deviations are caused by
political events and by the industrial revival. [250]
Vagrancy and mendicity take the same course as failures; they increase,
however, from 1848 to 1852 in consequence of the political troubles of
those years. From 1878 on, failures, and vagrancy and mendicity
increase and are parallel. In the periods of industrial revival
(1854–59 and 1874–76) vagrancy and mendicity decline sharply. In
examining the curve of recidivism it must be remembered that since 1884
many recidivists have been transported.
[PLATE III.
I. Vagrancy and Mendicity. II. Failures. III. Recidivists sentenced by
the Assizes or the Correctional Tribunals.]
Here we see a result contrary to that on the preceding charts: If the
failures increase the rapes generally decrease, and vice versa.
According to this plate the consumption of alcohol has no relation to
crimes against morals.
[PLATE IV.
I. Rape. II. Consumption of Alcohol. III. Failures.]
At the end of his study the author comes to the following conclusion:
“The effect of bankruptcy upon criminality and politics is undeniable;
it furnishes one of the most striking proofs of the correctness of the
historical theory of Karl Marx, that the phenomena of literature and
art, of morality and religion, of philosophy and politics, in human
society, lead back to the phenomena of economic development.” [251]
VI.
H. DENIS.
Professor Denis begins his report to the 3d Congress of Criminal
Anthropology, entitled “La criminalité et la crise économique”, by
calling attention to the effect that the crisis of 1846–47 had upon
criminality. The crops of wheat, rye, and especially potatoes had been
bad, and the price of these articles of food had accordingly risen. The
breaking up of household labor and the introduction of machines brought
about a revolution in the linen industry at the same time. So the
figures for crime indicate an enormous increase during these years, and
at the close of the period a continuous decrease.
=======+===========================
| Numbers of Delinquents
Years. | to the 10,000 Inhabitants.
-------+---------------------------
1845 | 28.8
1846 | 47.9
1847 | 65.3
1848 | 42.4
1849 | 25.-
1850 | 19.8
1851 | 19.8
1852 | 19.2
1853 | 19.7
=======+===========================
Then the author treats of the effect produced upon criminality by the
crises of 1874 and the years following. The price of grain no longer
giving, in consequence of importation, an exact picture of the economic
conditions, he adds to the chart which he uses, the “nombres
indicateurs” (of 28 of the more important articles of commerce). The
curve of these numbers shows a fluctuating rise during the period from
1850 to 1865, and a fluctuating decline during the period following the
years 1874–75. During the first period, in which the economic
conditions were favorable (the years 1870 to 1873 being characterized
by an economic development that was even feverish), criminality
remained fairly stationary. Only during the years 1856–57 and 1861–62
was there an increase, and this is probably to be ascribed to the high
price of grain. The economic depression that commenced after 1874 was
severely felt, and crime continually increased without the low price of
grain being able to prevent it.
Professor Denis closes his report with the following words: “The
solution of the problem of criminality must be in part sought in
economic conditions; and the more regular and constant the social
movement of wealth, the more we approach a normal equilibrium of
collective functions, the more we instil justice into our economic
institutions, the more shall we be able to gain the mastery over
criminality.
“An Italian criminologist, Ferri, studying the evolution of criminality
in France in relation to the income of the most numerous class, has
shown that with a general rise in wages we see a decrease in certain
kinds of crime. The general increase of prosperity is a sure pledge of
a decrease in criminality. But there is another, and that is a decrease
in those more or less marked oscillations, in the economic world, whose
periodic return is certainly one of the gravest aspects of the modern
state.
“In the second place, the economic causes that affect the tendency to
crime reveal an immense solidarity, which continues to extend itself
into space, as heredity plunges its roots into time. The great
fluctuations in prices are common to the whole world, and the
individual whom these perturbations drive to crime by a series of
shocks, comes into conflict with a great number of other individuals,
without being conscious of this infinite solidarity. But science must
endeavor to collect the evidence of it. Finally these great economic
influences tend, on the one hand, to reduce the field of the individual
responsibility, and on the other, to give a precise character to the
responsibility of society in this connection. It is responsible, in
fact, within the limits within which it might have restrained the
economic fluctuations and corrected their effects, but has not done so.
Here the terrible saying of Quetelet is still true: society herself has
put the weapon into the hand of the criminal.” [252]
VII.
H. LUX. [253]
In the chapter, “Die degenerirenden Einwirkungen des Kapitalismus”,
this author treats of the question of criminality and its relation with
present economic conditions.
“The property-holders, those who enjoy the benefits of all the
political and social institutions, alone have the right to exist. Those
without possessions do not have this right, despite the fiction of the
Prussian code with regard to the matter. The simple instinct of
self-preservation causes them to engage in a continual attack upon a
legal system that protects only the stronger. It is this attack which
those who are in possession of power, those who have drawn up the laws
for the purpose of protecting their power, characterize as a breach of
the law, as crime.... This is the simplest relationship between the
form of society and crime. Naturally, complications come in.... The
stronger those without property, the outlawed, themselves become
through some chance, the more do they modify the law that was set up by
those who were formerly stronger, the more do complications arise in
the primitively simple right of property, the right to the protection
of social institutions, and the law of marriage, and the greater and
more complicated becomes the circle of crimes.” [254]
After having next spoken briefly of free will, and having shown that it
is incorrect to connect criminality with a single social phenomenon
alone, since the social mechanism is too complicated, the author begins
to treat of the crimes against property. In the first place he gives
the following tables:
Germany. [255]
========+========================================================++=========================
| Prices. ||
+----------------------------------+---------------------++ To 10,000 Inhabitants
| In Marks per 1,000 Kilogr. | In Pf. per Kilogr. || Over 10 Years Old.
Years. +-----------+----------+-----------+----------+----------++----------------+--------
| Of Bread. | Of Peas. | Of | Of Beef. | Of Pork. || Crimes Against | Theft.
| | | Potatoes. | | || Property. |
--------+-----------+----------+-----------+----------+----------++----------------+--------
1881 | 198 | 251 | 43.5 | 114 | 128 || -- | --
1882 | 171 | 236 | 56.5 | 116 | 128 || 52.9 | 32.6
1883 | 155 | 241 | 45.5 | 120 | 128 || 51.0 | 31.6
1884 | 145 | 229 | 47.0 | 120 | 120 || 50.7 | 30.1
1885 | 147 | 212 | 38.0 | 119 | 120 || 48.6 | 27.9
1886 | 130 | 209 | 39.5 | 117 | 119 || 48.1 | 27.2
1887 | 135 | 198 | 41.5 | 113 | 115 || 47.1 | 26.0
1888 | 144 | 219 | 59.0 | 112 | 114 || 45.9 | 25.4
1889 | 162 | 209 | 42.0 | 117 | 128 || 49.3 | 28.1
========+===========+==========+===========+==========+==========++================+========
Hungary.
============================+======+=======+=======+======+======+======+======+======
| 1881 | 1882 | 1883 | 1884 | 1885 | 1886 | 1887 | 1888
----------------------------+------+-------+-------+------+------+------+------+------
Convicted of theft | 19. | 26.7 | 25.7 | 23.4 | 32.2 | 22.0 | 21.7 | 22.3
Crop of maize per hectare | 16.1 | 20.0 | 16.8 | 17.2 | 20.5 | 15.5 | 14.2 | 18.0
,, ,, potatoes per hectare| 81.8 | 110.7 | 109.9 | 80.1 | 92.0 | 77.2 | 79.0 | 85.4
============================+======+=======+=======+======+======+======+======+======
Finally, Dr. Lux cites some statistics from Kolb’s “Handbuch der
vergleichenden Statistik”, which show the close connection between
crimes against property and economic conditions.
Political crimes. “In the case of crimes against the State, public
order, and religion, the dependence upon the form of society is
immediately apparent. The ‘classes’, i.e. the property-owners as a
whole, see in the institutions that they have set up, the strongest
support of the capitalistic system, which must be maintained at any
cost. The property-owners have the power to uphold their unique
position by laws directed against those who would break down that
power. And if the laws are no longer sufficient, their place is taken
by judicial interpretations in the interests of the classes. This is
only the logical consequence of the whole spirit and aim of
legislation. The greater become the rights founded upon property, the
more do those without property feel themselves to be deprived of their
rights,—in the fullest sense of the word—in jeopardy as to their
existence, their full life; the more energetic is the reaction against
the laws, which are felt as despotism; and the more serious is the
attack upon those laws,—a characteristic phenomenon of all periods of
transition as to the form of society.” [256]
The question which presents itself now is this: how far are these
factors connected with existing economic conditions? But before
entering upon this the author calls attention to the environment in
which the children of the proletariat live, and especially of the lower
proletariat, an environment in which misery and vice contend for the
preëminence. There it is nearly out of the question to learn ethical
conceptions. Whence it comes also that in our days criminality among
the young has greatly increased. However, alcoholism must also be named
as one of the most important causes of psychical perturbations.
It is not only the non-possessors, but also the possessors who are
driven to commit crimes as a consequence of existing economic
conditions. “But not only for those without property, for the
proletariat, does capitalism furnish the psychically prerequisite
conditions for crime ... but for the property-holders themselves.
Entirely aside from business practices and tricks of the trade, which
stand upon the hairline between right and wrong, apart from the frauds,
forgeries, etc. that are evoked by too tempting opportunity, there are
more general effects of the capitalistic system. The hurried chase for
gain, the accelerating of commerce by railroad, steamship, telegraph,
and telephone, the multiplication of commercial crises, which earlier
came at intervals, but now are a permanent accompaniment of the social
life, bring about a nervousness running through all circles of society,
that is continually increasing, and is the forerunner of more serious
psychoses. The terrible increase of cases of insanity (in Prussia, to
the 10,000 of the population, in 1871, 5.94 cases; in 1875, 7.28; in
1880, 9.87), appears to be thus directly caused by capitalistic
society.” [257]
However, there act in man as counter-determinants, combating the
factors called criminogenous, the ethical factors (“ethische
Hemmungsvorstellungen”), which are determined by education, character,
the fear of punishment, etc. Those who do not wish to investigate the
deepest causes of criminality, are of the opinion that the best way to
combat crime is by increasing the penalties. The persons who speak thus
forget that the so-called ethical factors have no longer any effect
when the conditions have reached a certain degree of seriousness.
Crimes against persons. It is the industrial workers who form the
greatest contingent of criminals against persons. “The continually
changing conditions of earning a living, the desire for drink, the
slight influence of the family, the being crowded together with persons
of defective education and little training ... these all necessarily
breed crimes of violence; entirely aside from the habitual rowdyism of
the bully [“Zuhälter”], which is to be regarded as the consequence of
prostitution. [258]
Besides the external conditions named above, the person of the criminal
is also to be noticed. We may consider it as proved that in some cases
of crime one of the causes is a mental perturbation (for example, that
caused by drunkenness). These perturbations play a great part in sexual
crimes (perverted instincts). What characterizes most of these mental
anomalies is that they blunt the social instincts. But there is another
cause of psychic degeneracy. “It is a universally valid psycho-physical
law that man, ‘the more he depends upon an agreeable stimulation for
the satisfaction of his senses, demands ever stronger stimuli, even to
secure the same degree of pleasure.’ Pleasures, especially sensual
pleasures, must always become more intense, more titillating, in order
to afford satisfaction, but the more their intensity increases, the
more do the nerves become irritated and exhausted, and the more quickly
is the ground prepared for mental diseases either in the individual
himself or in his descendants.—It must be emphasized, however, that
such an increase in the stimulus is only possible to the rich, and
accordingly it is with reference to them chiefly that these sources of
mental disturbances are to be taken into consideration.” [259]
After having called attention to the great amount of recidivism among
female delinquents, to the great increase of crime in our own day, and
to the great percentage of young people among the criminals, the author
closes with the following words: “Crime belongs in a society founded
upon capitalism just as necessarily as do prostitution, the destruction
of countless human lives through economic exploitation, etc.”
VIII.
P. HIRSCH.
After having shown in the first chapter of his work, “Verbrechen und
Prostitution”, [260] the relation between criminality and prostitution,
and the increase of the two at the same time, the author gives, in his
second chapter, a short exposition of the doctrine of criminal
anthropology, and in the third chapter he takes up the doctrine of the
social environment.
Here he treats first of the encouragement of prostitution and crime by
the marriage restrictions. Marriages increase or decrease as economic
conditions grow better or worse. So, for example, in Prussia there
were, from 1866 to 1870, 1605 marriages to 100,000 of the population;
this number rose to 1896 in the period of prosperity between the years
1870 and 1875, only to fall, in 1888, to 1624. In bad times the number
of illegitimate births makes a consequent increase. It is very
comprehensible that natural children furnish a greater number of
criminals than legitimate children, since they have more difficulty in
enduring the combat of life than the others.
Then he sets forth as a cause of crime the influence of domestic
relations. When the parents belong already to the class of criminals,
it is almost inevitable that their children should fall into the hands
of justice while still young. And the present system of production
brings it about that the education of the children of the proletariat
is almost nil, since it obliges the father, and very often the mother
also, to work away from home during a great part of the day and often
of the night. The situation is still more unfavorable for the children
who have lost their parents when they were still quite young. Starke
says that about 57% of the legitimate children among the juvenile
prisoners in Plötzensee were orphans or had been abandoned by their
parents.
The third part has to do with the housing conditions of the
proletariat. “A lodging fit for a human being is the first requirement
for the bodily and mental welfare of the family; it is the prerequisite
for a well-regulated family life, and for the rearing of the children
to be moral men and women. The improprieties resulting from the
exigencies of insufficient lodgings are innumerable, and this condition
is an inexhaustible source of crime, prostitution, and vice of every
kind.” All the data prove that the proletariat, who, of all classes,
pay the highest rent, are the most miserably housed. In Berlin, for
example, the poorest classes have been shown to spend on an average a
quarter of their income for rent. In Hamburg the part of the income
that had to go for rent among the class whose income was from 600 to
1200 marks, in 1868 was 18.77%, in 1874 20.90%, in 1882 23.51%, and in
1892 24.71%, while the percentage remained the same or decreased for
all other classes. In order to make up the resulting deficit, resort is
often had to night-lodgings. “The disadvantages of subletting are
obvious. ‘Children of both sexes have to sleep with their parents, and
often with strangers, in the same room, often even in the same bed; the
advantages of domesticity are lost; the tavern offers more pleasant
entertainment than being crowded together with wife and children in one
room that must be shared with strangers, and in which the opportunity
for quarreling and fighting, in consequence of the narrow quarters, is
constant. It is the bad housing conditions that are the cause of the
increasing alcoholism, of the break-up of the family life, and of the
lack of education for the youth.’ (Braun).” [261]
The chapter that concerns us next treats of the subsidiary businesses
engaged in by school children. It goes without saying that in the cases
where the wages of the father of the family must be increased by the
labor of the mother, the children also must be put to work at an age at
which they ought to have their leisure time for play. For though
child-labor in factories is a little limited by legislation, it is
still commonly practiced in household industry. Further most of the
children of the proletariat must, in their free hours, do all kinds of
work harmful to their physique and their morals. “It is plain to be
seen how greatly the school-children are injured by engaging in
additional work. Entirely aside from the harm they suffer in the matter
of health, and from the fact that the tired children cannot give
sufficient attention to the words of the teacher and that for many of
them their instruction is as good as lost, is the great fact that their
morals are in the highest degree endangered. Under the pressure of
necessity, these children learn to grasp every advantage, whether
allowable or not, and—not through their own fault, but through that of
society—are precociously familiar with vice.” [262] “Any one who
examines these conditions will not be surprised that according to the
statement of Superintendent Schönberger, out of 100 juvenile prisoners
in the Plötzensee prison near Berlin, 70 had been employed during
school days as breakfast-carriers, newsboys, messengers,
bowling-alley-boys, etc., early in the morning, from half past four on,
and in some cases still earlier, until school time, and in the
afternoon either the whole time, or from four till half past seven or
half past eight at night.” [263]
Next, Hirsch examines the influence of economic crises. He quotes,
among other things, the following from the researches of J. S(chmidt).
During the economic depression from 1875 to 1878 the number of
punishments inflicted by the “Ordnungspolizei” in the country of Baden
rose from 16,218 to 22,264, and that of the penalties inflicted by the
“Sittenpolizei” (having surveillance of prostitution) from 1995 to
4485. There were increases, therefore, of 40% and 125%. In the period
of prosperity from 1882 to 1885 these figures fell from 22,765 to
18,856 (16%), and from 4106 to 4007 (3%). During the critical years
from 1889 to 1892 the number of recidivists convicted of theft rose
18%, and the number of other thieves convicted 6%. In the period from
1875 to 1878 (years of crisis) the number of offenses against property
rose 17.4%, and decreased 13% in the years 1882 to 1885 (a period of
prosperity).
In conclusion the author points out the fact that there are also
criminals who are predisposed to crime by their physical constitution
(mental disorders), and treats of “the repression of crime and
prostitution.” [264]
CHAPTER VIII.
CONCLUSIONS.
Having come to the end of my exposition, I have still to sum up the
different chapters. As we have seen, a very small proportion of the
authors who have taken up the subject, deny the existence of the
relation between criminality and economic conditions, and in my opinion
they have not proved the correctness of their position.
The great majority of authors are of the opinion that economic
conditions occupy a more or less important position, but that other
factors besides these are also at work. I have tried to show that as
far as these factors are of a cosmic or religious nature, this thesis
cannot be correct; that as far as they are of an anthropological
nature, they play a rôle only with regard to a part of criminality.
Finally, we have seen that a small number of authors are of the opinion
that the influence of economic factors is sovereign. I have been able
to find no inaccuracies in the foundations of their theses.
Nearly all the authors—later I shall speak of the exceptions—have this
in common, that they give a very limited meaning to the words “economic
factors”, under which they include only poverty and wealth, and that
they do not inquire whether these phenomena do not themselves need
explanation, and whether economic conditions have not a great influence
upon the whole social organization. They consider them as being
phenomena of the same value as the other sides of the social life. In
other words, most authors have omitted to explain the present mode of
production and its consequences.
However, economic conditions, in my opinion, occupy an entirely
different place; they are the foundation upon which the social
structure rests. To make my thought clear I will once more call
attention to the classic formula of this doctrine, originated by Marx
and Engels, taken from the preface to the work, “Zur Kritik der
politischen Oekonomie”, which I have already quoted in treating of the
theories of Professor Ferri.
“In the social production of their life men enter into fixed, necessary
relationships in production, independent of their will, relationships
which correspond to a definite stage in the development of their
material powers of production. The sum total of these relationships
forms the economic structure of society, the real basis upon which the
juristic and political superstructure is erected, and to which definite
forms of social consciousness correspond. The form of production of the
material life conditions the social, political, and intellectual
life-process in general. It is not the consciousness of mankind that
determines their being, but their social being that determines their
consciousness.” [265]
In the second part of this work I will try to sketch a treatment of the
question according to this theory. As regards economic conditions I
shall limit myself, for different reasons, to the present system, i.e.
modern capitalism.
These reasons are the following:
First. A really scientific examination of the causes of criminality is
only possible since the existence of criminal statistics, i.e. since
the beginning of the 19th century. [266]
Second. Criminality has increased greatly under capitalism, and is of
the greatest importance to the whole social life.
Third. An examination of historic criminality is very interesting; that
of our own day is still more so. However, social science is not simply
a means of solving interesting problems, but also, and chiefly, a means
of pointing out to society the way to protect itself from scourges like
criminality, or if possible, to get rid of them entirely. Here the
saying of Marx applies: “The philosophers have only interpreted the
world differently; the important thing is to alter it.”
Above I have already remarked that some authors have an opinion that
differs from that of the majority, and are in agreement with the theory
cited. Among these must be cited Engels, one of the two founders of
this theory, and most of the authors of whom I spoke in the last
chapter. However, Engels has only made, in passing, some observations
upon the influence of capitalism on crime among the workers in
factories; Hirsch, in his interesting brochure, has pointed out only
certain sides of the economic life; and although the studies concerning
this question published by Lafargue and by Lux are more complete than
those of the first two authors, there are nevertheless important points
which these last have not examined, or to the bottom of which they have
not gone, as it seems to me. And it is quite comprehensible that it
should be so; for the work of Lafargue is only a magazine article, and
that of Dr. Lux is one of the subdivisions of a social-political
manual, in which he treats of crime among other social phenomena. The
works of the other authors noticed in Chapter VII, do not make the
study of the question in the manner noted, useless.
I am of the opinion, then, that while the works quoted have made
considerable progress, there is still much to be done. It therefore
appears to me that it will not be without profit to take up the
subject.
The theory of Marx and Engels results in our having a method of
investigation already marked out. While most authors who have published
studies upon the question, have thought it unnecessary to give an
exposition of the economic system in which we live, or perhaps have
given a little attention to it along with other social conditions, I
shall begin by setting forth the present economic system as that upon
which the other parts of the social life rest. These I shall treat in
their turn, in so far as they are connected with criminality. It is
obvious that this will be only a sketch, for if one wished all the
details, it would be enough to refer to the special literature upon the
subject. Then I shall investigate the question of how far criminality,
under its different forms, is the consequence of the conditions we have
found.
[Note to the American Edition: According to some criticisms of my book
it should have been my task not only to give a sketch of the economic
theory of Marx, but also to prove it “in extenso” and to refute the
criticisms of it, since it is not universally accepted.
It is true that this theory has not been generally accepted—a thing
that would be impossible from the social consequences of such
acceptation—but I claim that of all the economic theories, that of Marx
is the only one that daily wins more adherents, and more and more
interpenetrates all social science—even in the case of authors who are
the bitterest opponents of this theory.
To require that a book like mine should once more set forth and defend
the theory of Marx “in extenso”, is as impossible as to require that a
modern biologist, who proceeds upon the basis of the Darwinian theory,
should prove over again that his basis is sound. That there may be more
or less error in detail in the theory of Marx, as in that of Darwin, is
possible, but in general they have resisted, like a wall of bronze, all
attacks in the most pitiless of contests, that of opinions.
Let the adversaries of Marx’s theory judge without prejudice whether
that theory does not constitute a great step in advance in
criminology!]
PART TWO.
BOOK I.
THE PRESENT ECONOMIC SYSTEM AND ITS CONSEQUENCES.
CHAPTER I.
THE PRESENT ECONOMIC SYSTEM. [267]
In order to provide for his needs man has always been obliged to work,
and this work has always depended upon the physical environment and
especially upon the means of production. It is not our province to
enquire how or why the means of production were developed. It is enough
to show that because of their development the products which man had at
his disposal were multiplied. Now when these products become too
abundant for one group of producers, a surplus results, which may be
exchanged for products of a different sort of which the first group of
producers are deprived by reason of their circumstances. These
products, which are not destined for personal use but for exchange are
called commodities. Consequently it is its social qualities and not its
natural qualities that make a commodity of any given product. That an
exchange may be made, then, two conditions must be satisfied:
First, There must have been a division of labor; for there would be no
point in the exchange of identical products. The objects to be
exchanged are those which have no immediate usefulness for the person
who possesses them, while they are useful to those who do not possess
them.
Second, The persons who are exchanging must have full power to dispose
of their products—in other words, they must be the possessors of the
product which they wish to exchange.
In the beginning the relative quantities of the products exchanged for
each other must have varied greatly. But in course of time the exchange
of commodities took place in a ratio fixed for any one place and time;
ten hatchets, for example, being equivalent to five bows, etc. These
commodities must have a common quality which makes a comparison
possible; and it is this common quality which we call their value. The
first problem to be solved, then, is this: “What constitutes the value
of commodities?”
To become a commodity anything must provide for some need of man; it
must have the value of usefulness. Without this value a product can
never be a commodity. However, it is impossible that the quality which
different commodities have in common, and on the basis of which they
are compared, should be their usefulness, that is to say, their natural
qualities. For it is just because of their difference in usefulness [to
their possessors] that goods are exchanged.
“As regards their use-value goods are primarily of different quality;
as regards their exchange-value they can only be of different quantity,
without including a particle of use-value.” [268]
Since usefulness does not count in exchange there is only one quality
of the commodity that remains, that of being the product of labor. And
as we have withdrawn the consideration of usefulness in estimating
exchange-value, we must do the same for different kinds of work, so
that the only quality which remains to a commodity is that of being the
product of the labor of man in general. Any commodity, then, derives
its value only from the circumstance that it represents a certain
amount of labor of man in general.
The value of a commodity is determined by the quantity of labor it
represents, measured by the time required. Naturally by “work” is to be
understood here not individual work, but social work; or as Marx says:
“It is ... the quantity of work socially necessary, or the time
socially necessary for the production of a commodity, which determines
its value.” [269]
In measure as the division of labor is developed, production for
personal use diminishes, and the production of commodities increases,
until it finally becomes the universal form of production, and one
commodity (money) is developed as a universal equivalent. As a
consequence of the development of the production of merchandise, the
purchase and sale of goods becomes a special profession. The merchant
buys for a different reason from that which influences his customers.
While the latter buy for consumption, the former buys to sell again and
make a profit out of the transaction. The commodity which serves for
this purpose is called capital.
Consequently capital comes into existence at the moment when the
production of commodities has attained a certain degree of development.
Private property, the basis of the production of commodities, begins
from that point to show its capitalistic character, at first in an
imperceptible manner, which nevertheless becomes more and more
developed. The income of the artisan depends primarily upon his
personal qualities; that of the capitalist—as such—depends in the first
place upon the amount of his capital. The working power and capacity of
an individual are limited, so that the quantity that he can produce is
also limited; while money can be heaped up without limit. The larger
the sum of money anyone uses as capital, the more the money can
produce. But the reverse of the medal is not so pretty. Side by side
with the possibility of accumulating a fortune there is that of
becoming poor. This fact was not prominent at the entrance of
capitalism into the field, when poverty was not yet a general
phenomenon, but it increased more and more, so that at present we live
in a society in which the greater part of the population is poor.
In the Middle Ages the trades were developed in Europe; the division of
labor increased; tools were perfected; and commerce was developed,
chiefly as a consequence of the improvement of the means of
communication. The maritime route to India was discovered as well as
the American continent. Enormous sums of money, acquired by means of
commerce and pillage, flowed into Europe. With the discovery of these
countries the outlets for trade correspondingly increased. The trades,
however, not being in a position to furnish the great quantity of
commodities required, the merchants determined themselves to undertake
the wholesale production of articles intended exclusively for sale.
There was no lack of money to procure the raw materials and the tools,
to establish workshops and to hire workmen. The only difficulty to be
overcome was that of procuring these last. The workman who has in his
own possession the means of production will not sell his labor. To
attain their end the capitalists had to seek for persons who, having no
means of production, were obliged to sell their productive energy or
die of hunger.
For certain reasons it was possible for the needs of the capitalists to
be satisfied. On account of the development of the market in the cities
the demand for food, and for raw materials of every kind, such as wood,
wool, etc., increased, and agricultural production for the purpose of
sale increased, so that the peasants began to have money. This latter
fact complicated the relation between them and the feudal lords. So
long as the rent was paid in kind the lord demanded only as much as he
could consume; but from the day that the rent began to be paid in money
the landowner began to press the peasant more and more, since money can
always be used, and no one ever has enough. From this fact arose so
severe an exploitation that many peasants left the country to take
refuge in the towns.
The second reason why a large number of workmen were obtainable was
that the lords themselves began to produce commodities for city
markets, especially wool and wood. This took fewer laborers than
agriculture, but required more land, so that many peasants were driven
from their farms and, like the others, went to swell the population of
the cities.
Thus there was no further obstacle to wholesale production, and from
then on raw materials were purchased, workshops established, and the
labor of the proletariat procured. Human labor thus has become a
commodity, corresponding exactly to definition: first, it has no
use-value for the possessor if he has not the means of production, and,
on the other hand, has such a value for the person possessing these
means; second, the possessor of labor has the free disposition of it.
The contract is made; the proletariat on the one side furnishes the
commodity—labor—and the capitalist on the other gives the equivalent of
it. Now how much must be given for this commodity? In other words what
is the value of the labor delivered? The value of a commodity is
determined by the labor-time socially necessary for its production, in
this case necessary for the proletarian and his family to live; for the
workman being mortal, and capital having need of new forces, the wage
must be sufficient to raise a new generation of workers. The standard
of the workman’s needs is subject to variation according to time and
place (the causes of which variation we need not examine here), but it
is fixed for a certain country, time, and category of workers.
Let us suppose now that the process of production has a normal course,
that is to say, that it comes out as the capitalist wishes. He has
begun with a sum, A, and ends by possessing A + a. We must now explain
this surplus a, which, in the terminology of capitalistic production,
is called surplus-value. The surplus obtained from the labor of slaves
is easily explained. The owner leaves the slaves a part of the product
of their own labor to live on. The rest is his. His surplus springs
from the labor of others. The relation of the serf and his lord is, if
possible, even clearer. The serf works part of the week for himself and
on the remaining days for his master. The explanation of the surplus
produced by capital employed at usury or in primitive commerce (the
most ancient forms under which capital was employed) no longer offer
any great difficulties. The usurer appropriated to himself the
possessions of the borrower little by little and so ruined him
completely. The primitive merchant made himself a surplus by selling
dear something that he had bought at a trivial price, a transaction
which involved no increase in value. Now it is just this increase in
value that is to be explained upon the basis of the law that things of
equal value are exchanged, and not, as in the cases cited above, upon
the exceptions to the law.
If we represent the transaction of one who buys, not to make a profit,
but to exchange something which has no use-value for him for something
which has such a value (the simple circulation of commodities), by the
formula C—M—C, in which C stands for commodities and M for money, we
can represent the transaction of the capitalist by M—C—(M + m). In this
formula m stands for the surplus-value accruing to the capitalist at
the end of a successful operation. The latter formula is composed of
the factors M—C, the purchase of the commodity, and C—(M + m), the
sale. According to the law of the circulation of commodities the value
of M ought to be equal to C, but C in turn must be equal to M + m, a
thing which is possible only if C is a commodity which, while it is
being consumed, produces a value greater than what it has. However,
there is no value without labor; consequently the formula cited can
harmonize with reality only if labor is itself a commodity. And, as we
have seen above, it is such from the moment that the economic
development has reached a certain point.
What is now the course of the production of the surplus-value? The
capitalist has fitted up a factory, has procured tools and raw
material, has hired labor, and the process of production commences.
Suppose that the necessaries of life for the workman and his family may
be produced by six hours of work socially necessary; by making him
work, then, six hours the capitalist will have a product equal to that
of the raw material used, increased by that which is given it by the
tools and by the labor which the workman has put upon it. This value,
however, has been entirely paid out by the capitalist; he has no
surplus left; the transaction has failed. But ordinarily the process
succeeds in procuring profits for the capitalist, since in the contract
between him and the laborer it is not stipulated that the latter shall
work only the number of hours necessary to produce enough for his own
needs. On the contrary the workman is compelled to labor as long as his
strength will permit. The value produced by the workman after the time
necessary for the production of the equivalent of his needs falls to
the capitalist, and this it is which constitutes the surplus-value, the
value derived from work not paid for.
The aim of the capitalist is to procure for himself as large a
surplus-value as possible. He can attain his end at once by forcing the
laborer to work as long a time as it is possible for him to work. From
this springs the irreconcilable conflict between the interests of the
proletariat and those of capital, the combat over the length of the
working-day. The day has its natural limits (it is necessary that
certain hours be left to the workman for food and rest), its legal
limits (decreed too late by the state, driven on one side by the
workers themselves, and on the other by the plain certainty that
without this protection the working class would become enfeebled), and
finally its limits fixed by the pressure of the labor unions.
However, there is still one other way in which the surplus-value is
increased, as I shall explain by what follows. Let us suppose the
length of the working day to be twelve hours, and the time necessary
for the production of the equivalent of the workman’s needs to be six
hours. We can then represent the day as follows:
A----|----|----|----|----|----|----|----|----|----|----|----B
C
CB is consequently the time in which the surplus-value is produced. The
aim of the capitalist, then, is to protract the period CB as much as
possible, and this he can accomplish in two ways: first, that of which
we have just spoken, the prolongation of AB; second, the shortening of
AC in order that CB may be as long as possible, or in other words, the
shortening of the time necessary for the production of the necessaries
of life for the workman and his family. When the productivity of labor
rises, the value of the commodities falls; and when the value of the
commodities which the workman needs for his support falls, the value of
labor falls also. However, the increase of the productivity of labor is
only possible through the improvement of the means of production and
the methods of working, so that capitalism modifies its manner of
production unceasingly. In general the capitalist does not take account
of the fact that the more cheaply commodities are produced for sale,
the more the value of labor falls, and, other things being equal, the
more the surplus-value increases. The capitalist strives constantly to
make improvements in his methods of production in order to surpass his
competitors. Supposing that, by the employment of a new method of
working, he succeeds in producing in half an hour an article up to that
time generally made in an hour, he will then obtain an extra profit as
long as his competitors do not employ this method. But as soon as the
latter have improved their production in the same way, the time
socially necessary falls from an hour to half an hour, and the extra
profit of the man who first introduced the method ceases. The result
that remains is this: the value of labor has decreased, and the
relative surplus-value has consequently increased, in so far as the
commodities whose value has declined are destined to provide for the
needs of the workmen.
Before entering upon the consideration of some of the methods for
shortening the necessary hours of labor, attention must be fixed upon
the fact that, aside from this method, the capitalist tries above all
to lower the price of labor below its value, while the workers, for
their part, oppose this tendency and try to obtain the contrary; whence
there results a new cause for an inexorable struggle between labor and
capital, side by side with that over the length of the working-day.
Let us now examine the methods of abridging the labor-time necessary,
beginning with coöperation. As we have seen above the capitalistic
method of production begins when the capitalist has in his service a
sufficiently large number of workmen. In the days of the guilds the
master had also paid workers, but the surplus-value which he procured
from them was not great, since their number was small, a fact which
obliged him to work with them, since without this his income would have
been too small. The true capitalist is he who is permitted by the
amount of the surplus-value which he receives to live according to his
rank, without working with his laborers, reserving to himself only the
direction of affairs.
The difference, therefore, between capitalistic production and that at
the time of the guilds is in the first place only quantitative, but
there come in qualitative differences as well. In the first place the
differences in the individual capacities of the workmen disappear; the
ability of one neutralizes the smaller ability of the other, so that
the capitalist can count upon an average amount of labor. Next there is
economy in the new arrangement; because a structure to hold twenty-five
workmen working together costs less than twenty-five structures with
one workman in each. Finally, and most important of all, by having a
number of men working together, each doing his own share toward the
common end, we bring about a systematic working together, that is to
say, coöperation, which brings into being a new collective force
greater than the sum of the individual forces. Not only does
coöperation permit the accomplishment of work requiring a greater
expenditure of energy, but it also raises the productivity of labor.
The direction necessary for this joint labor falls to the capitalist as
such. Submission of the workman to the capitalist is, then, an
indispensable condition of the capitalistic method of production.
We come now to another method for increasing the relative amount of the
surplus-value, the manufactory proper, a more developed form of
coöperation, which became general between the middle of the sixteenth
century and the end of the eighteenth. This comes from two causes. On
the one side it is due to the combination of different trades, up to
that point independent of each other. The manufacture of a carriage,
for example, requires the work of a wheelwright, a harness-maker, a
painter, etc., who all exercise their trades independently of each
other. The capitalist unites them all in one trade, that of
carriage-maker, in which the occupation of each becomes more limited,
more specialized. The painter, for example, becomes especially a
painter of carriages. On the other side the manufactory is due to the
bringing together of workmen of the same trade into a single workshop,
and to the division of labor made possible in this way. Thus, for
instance, in the manufacture of pins, each pin is no longer made by a
single workman but by several, each of whom does only a special part of
the work.
It is clear that through the introduction of manufactory methods the
productivity of labor has been enormously increased, so that the time
necessary for the production of the necessaries of life for the workmen
has become shorter, and the surplus-value correspondingly augmented.
The part taken by the workman in the process of production is quite
different from what it was in the time of the guilds. The different
operations that he performed in making the complete product are now
replaced by the monotonous and repeated production of a single one of
the parts. From this point dates the division of workmen into skilled
and unskilled laborers. The latter are those whose work is such as to
require little or no apprenticeship, and they are the cause of a new
lowering of the price of labor.
We have still to take up the question of the introduction of machinery
and of manufacturing on a large scale. Although at the period of the
early manufactories the workman was obliged to perform a monotonous
task, which in so far may be called “mechanical”, yet this task was
performed, though with the aid of tools, by his own hands. But in the
eighteenth century the machine was invented, that is to say, a
mechanism which took the place both of the workman and of his tools.
Machines were introduced because they saved hand-work, and consequently
lowered the price of the product and relatively increased the
surplus-value.
Each developed mechanism is composed of three parts: the motor, the
transmission, and the operating part. It is to the development of this
last that the economic revolution of the eighteenth century is due.
However, there was needed a motive power greater and more regular than
those then available. The steam-engine, invented by James Watt,
provided for this need and, in its turn, led to new developments of
operating machinery. The steam-engine was capable of running many
operating machines at the same time, and thus the modern factory was
established. In branches in which the product requires a series of
different manipulations, a system of machines has been contrived of
which one furnishes the material to the next without the intervention
of hands, so that a system of automatic mechanism has been produced.
The revolution caused by the introduction of machines in one branch of
industry necessitated its introduction into another, etc. The means of
communication and of transportation were extended. The steamboat, the
railroad, and the telegraph were invented. Because of important
inventions in the manufacture of machines it finally became possible to
produce the necessary quantity of machines of all kinds.