capacity of man, and a number of other scientists have done the same
for the animal and vegetable kingdoms. [812] Hence, “uniformity in
variability” for all living nature must be considered as a universal
law.
The same thing must be true for men’s moral qualities. In ranking any
number of persons according to the intensity of their innate social
sentiments (supposing it were possible to apply a measure to these), we
should find that here also the law in question held good; with the
great majority the social sentiments would have only a moderate
intensity, while there would be one small minority in which they would
be weak, and another in which they would be very strong. We have no
need to revert to the influence of the environment, for we have seen
that it gives to all an egoistic or altruistic impulse, differing
naturally according to the individual. [813] Supposing that the
environment were the same for all, there would still be great
differences between men as to the intensity of their social sentiments.
What is now the importance of this fact for the etiology of crime? In
my opinion, the answer to this question will not be different from
those which have been given to analogous questions when we were
treating of the etiology of prostitution and alcoholism (pp. 407, 408
and 428), namely, that in every society, everywhere and always, an
individual, according as his social sentiments are weaker or stronger
than another’s, runs more or less risk than he of becoming a criminal,
supposing the environment of the two to be the same in effect. The man
who, according to the intensity of his social sentiments, would be
placed in the line between A and B, would run more danger of becoming a
criminal than the man who belonged between C and D. This point is of
great importance for anyone who is investigating why the first falls
into crime and not the latter. But it has little weight for criminal
sociology, which concerns itself, not with definite persons, but only
with general social facts.
The evidence that individuals differ quantitatively always and
everywhere does not give the explanation of the problems whose solution
sociology seeks, although they must be taken into account. The task
that is incumbent upon it is to explain why individuals who, as a
consequence of their innate qualities, run more danger than others of
becoming criminals, actually become so. He who is born with weak social
instincts runs more danger of becoming a criminal. But the certainty
that he will become such does not exist—that depends upon the
environment.
To sum up; I am of the opinion that individual differences are of great
importance for one who is studying an individual by himself, but that
they do not belong to the domain of the etiology of criminality.
E. The Classification of Crime.
Before proceeding to the treatment of crimes separately, it is
necessary to divide them into some main groups. It is a grave error
(committed, however, by many criminologists) not to take account of the
very different nature of crimes, if one is concerned with their
etiology. It is, to be sure, permissible to treat conjointly moral
forces which may prevent the execution of criminal ideas and which
apply to all crimes. I have done so in the preceding pages. But we
cannot treat the origin of the criminal idea itself in this same way.
There are criminals and criminals. There are enormous differences
between a professional thief, and a man who has been guilty of assault
and battery in a state of intoxication, just as there are between a
ravisher and a political criminal. And anyone who does not take account
of these differences must necessarily limit himself to certain
generalities.
I propose to treat of crimes divided into four categories in accordance
with the motives which led their authors to commit them. Three of these
categories form quite definite units, while the fourth is more
heterogeneous.
The first is composed of crimes that have an economic aim (economic
crimes). The greater part of the so-called crimes against property,
such as theft, embezzlement, etc., belong to this category, but not
all, for malicious mischief, for example, is generally dictated by a
desire for vengeance. On the other hand some crimes against the person,
like procuration, the object of which is economic and not sexual,
belong here. As for crimes against the state, we must add
counterfeiting to this category. Then there are other crimes that may
be committed either for economic or non-economic reasons; for example,
murder (for the purpose of robbery or for revenge), perjury (for the
profit of winning a civil suit, or to prevent the conviction of a
friend), arson (to get the insurance money, or for revenge), etc.
It may be urged here that, notwithstanding the similarity of their
motives the crimes of any class still present many differences. This is
true in part, and I have accordingly subdivided them. But on the other
hand these differences are not very great from the standpoint of
criminal sociology. For the jurist the difference between
counterfeiting bank-notes, burning a house to get the insurance, and
procuration is very important; but for sociology it is much less so. A
man who knows how to make counterfeit bank-notes, will commit this
crime, whenever he wishes for any reason to enrich himself in a
dishonest fashion, but he will become neither an incendiary nor a
procurer. A former prostitute, on the contrary, will not think of
making bank-notes, but will become a procuress. The kind of economic
crime committed by the person who has a mind to commit such a crime,
depends principally upon chance (occupation etc.).
The second category includes sexual crimes, and the fourth political
crimes—two categories quite distinct therefore.
The other misdemeanors and crimes form the third category, and are more
or less heterogeneous. The principal motive of these crimes is
vengeance. Among them are insults, malicious mischief, assaults,
homicide, etc. Other motives are: the fear of shame (infanticide,
which, however, may also be committed for economic reasons); then fear
of falling into the hands of justice (perjury, rebellion); and some
others beside. [814]
Finally, to give a picture of the quantitative proportions of the
principal crimes, I add here some figures upon criminality in some of
the countries of Europe. These figures may at the same time serve to
show to those who are not acquainted with criminal statistics, how
regular a course crime has from one year to another.
It is crimes of vengeance, therefore, which form the largest group,
then come economic crimes, and then sexual and political crimes, both
with low figures. If we do not count the very minor offense of insult
in the third group, the first and third groups will be nearly of the
same size. There are, then, almost no political crimes in England. As
in Germany, sexual crimes are very rare, and it is the economic crimes
and those committed out of revenge, etc., that are the most important.
The latter preponderate even more in England than in Germany.
Germany, 1896–1900. [815]
==============================+===================================================================
| Number of Persons Convicted of the Following
| Crimes in
Crimes. +---------+---------+---------+---------+---------+-----------------
| | | | | | 1896-1900
| | | | | | Average.
| 1896. | 1897. | 1898. | 1899. | 1900. |---------+-------
| | | | | |Absolute |
| | | | | | Number. | %
------------------------------+---------+---------+---------+---------+---------+---------+-------
Theft and embezzlement | 109,545 | 112,591 | 116,977 | 113,159 | 114,831 | 113,420 | 29.96
Receiving stolen goods and | | | | | | |
being accessory after the | | | | | | |
fact in general | 8,164 | 7,922 | 8,490 | 8,124 | 8,068 | 8,153 | 2.15
Procuration, etc. | 2,816 | 2,671 | 2,765 | 2,622 | 2,648 | 2,711 | 0.72
Counterfeiting | 234 | 166 | 203 | 212 | 186 | 200 | 0.05
Perjury | 1,523 | 1,450 | 1,478 | 1,316 | 1,198 | 1,393 | 0.37
Criminal breach of trust and | | | | | | |
obtaining money under false | | | | | | |
pretenses | 28,649 | 25,169 | 26,546 | 26,580 | 26,079 | 25,604 | 6.76
Forgery | 4,761 | 5,068 | 5,185 | 5,479 | 5,231 | 5,144 | 1.36
Robbery and extortion | 1,048 | 995 | 1,114 | 1,114 | 1,009 | 1,056 | 0.28
Fraudulent bankruptcy | 931 | 924 | 871 | 952 | 905 | 916 | 0.24
Total of economic crimes | -- | -- | -- | -- | -- | -- | 41.89
Bigamy | 76 | 72 | 64 | 70 | 64 | 69 | 0.02
Incest | 462 | 381 | 397 | 411 | 448 | 419 | 0.11
Rape, etc. | 4,483 | 4,182 | 4,507 | 4,597 | 4,762 | 4,506 | 1.19
Total of sexual crimes | -- | -- | -- | -- | -- | -- | 1.32
Insults | 53,968 | 54,143 | 55,988 | 55,514 | 52,883 | 54,499 | 14.39
Malicious mischief | 17,485 | 17,486 | 18,213 | 18,858 | 18,261 | 18,060 | 4.77
Arson | 479 | 468 | 501 | 519 | 472 | 487 | 0.13
Assaults | 116,613 |117,864 | 122,561 | 126,490 | 124,646 | 121,632 | 32.12
Rebellion | 18,377 | 18,484 | 17,968 | 19,817 | 17,951 | 18,393 | 4.86
Homicide | 1,511 | 1,562 | 1,468 | 1,542 | 1,580 | 1,532 | 0.40
Total of crimes of vengeance, | | | | | | |
etc. | -- | -- | -- | -- | -- | -- | 56.67
Political crimes | 561 | 428 | 466 | 416 | 305 | 435 | 0.12
| | | | | +---------+------
General total | -- | -- | -- | -- | -- | 378,629 |100.00
==============================+=========+=========+=========+=========+=========+=========+======
England, 1881–1900.
=============================+=======================================================
| Number Arraigned for Each of the Crimes Given:
+-------------------------------------+-----------------
Crimes. | | 1881-1900
| Annual Averages. | Average.
+--------+--------+--------+----------+---------+-------
|1881-85.|1886-90.|1891-95.|1896-1900.|Absolute |
| | | | | Number. | %
----------------------------+--------+--------+--------+----------+---------+-------
Theft (of every kind) | 57,373 | 52,573 | 50,432 | 45,960 | 51,584 | 32.92
Embezzlement | 1,475 | 1,345 | 1,335 | 1,387 | 1,385 | 0.88
Receiving stolen goods | 1,302 | 1,239 | 1,348 | 1,241 | 1,282 | 0.82
Burglary | 1,464 | 1,530 | 1,665 | 1,630 | 1,572 | 1.00
Robbery and extortion | 320 | 322 | 310 | 278 | 307 | 0.20
Fraud | 1,054 | 965 | 997 | 870 | 971 | 0.62
Counterfeiting, etc. | 534 | 410 | 365 | 309 | 402 | 0.26
Perjury | 100 | 85 | 78 | 77 | 85 | 0.05
Fraudulent bankruptcy | 49 | 41 | 43 | 35 | 42 | 0.03
Total of economic crimes | -- | -- | -- | -- | -- | 36.78
Bigamy | 116 | 99 | 104 | 103 | 105 | 0.07
Indecent assault upon girls | | | | | |
under 16 | -- | 305 | 258 | 236 | 249 | 0.16
Rape, etc. upon adults | 647 | 639 | 636 | 595 | 629 | 0.40
Total of sexual crimes | -- | -- | -- | -- | -- | 0.63
Malicious mischief | 21,779 | 19,646 | 18,484 | 17,470 | 19,594 | 12.51
Arson | 155 | 133 | 117 | 104 | 127 | 0.08
Assaults | 72,707 | 66,020 | 63,601 | 59,611 | 65,484 | 41.80
Assaults upon officers | 322 | 285 | 291 | 278 | 294 | 0.19
Homicide (including attempted| | | | | |
homicide) | 13,223 | 11,850 | 12,626 | 12,524 | 12,555 | 8.01
Total of crimes of vengeance | -- | -- | -- | -- | -- | 62.59
Political crimes | 4 | 0 | 0 | 0 | 1 | 0.00
| | | | +---------+-------
General total | -- | -- | -- | -- |156,668 |100.00
=============================+========+========+========+==========+=========+=======
France, 1881–1900. [817]
=====================+===========================================================
| Number Arraigned for Each Crime.
+-------------------------------------------+---------------
Crimes. | | 1881-1900
| Annual Averages. | Averages.
+---------------------+----------+----------+--------+------
|1881-1885.|1886-1890.|1891-1895.|1896-1900.|Average | %
| | | | |Number. |
---------------------+----------+----------+----------+----------+--------+------
Vagrancy | 15,629 | 19,050 | 18,449 | 14,148 | 16,819 | 11.17
Mendicity | 9,421 | 14,625 | 14,707 | 11,274 | 12,506 | 8.30
Aggravated theft | 1,668 | 1,715 | 1,517 | 1,308 | 1,552 | 1.03
Simple theft | 44,596 | 47,941 | 49,145 | 43,750 | 46,358 | 30.78
Counterfeiting | 98 | 141 | 134 | 111 | 121 | 0.08
Procuration | 341 | 361 | 406 | 304 | 353 | 0.23
Forgery | 355 | 304 | 237 | 224 | 280 | 0.19
Obtaining money | | | | | |
under false | | | | | |
pretenses | 4,210 | 4,422 | 3,898 | 3,496 | 4,006 | 2.66
Breach of trust | 4,106 | 4,495 | 4,488 | 4,834 | 4,480 | 2.98
Commercial frauds | 3,221 | 3,015 | 2,607 | 2,931 | 2,941 | 1.95
Fraudulent | | | | | |
bankruptcy | 86 | 63 | 63 | 44 | 64 | 0.04
Simple bankruptcy | 934 | 967 | 802 | 860 | 890 | 0.59
Perjury | 126 | 126 | 151 | 136 | 134 | 0.09
Total of economic | | | | | |
crimes | -- | -- | -- | -- | -- | 60.09
Bigamy | 6 | 6 | 8 | 8 | 7 | 0.00
Adultery | 1,038 | 1,758 | 1,838 | 2,212 | 1,711 | 1.14
Rape and indecent | | | | | |
assault upon | | | | | |
adults | 103 | 76 | 95 | 70 | 86 | 0.06
Rape and indecent | | | | | |
assault upon | | | | | |
children | 717 | 592 | 584 | 452 | 586 | 0.39
Total of sexual | | | | | |
crimes | -- | -- | -- | -- | -- | 1.59
Defamation and | | | | | |
insults | 3,513 | 2,918 | 2,940 | 2,877 | 3,062 | 2.03
Insults to officials | 13,492 | 13,728 | 15,258 | 13,450 | 13,982 | 9.28
Malicious mischief | 3,291 | 4,876 | 4,530 | 4,382 | 4,269 | 2.84
Arson | 207 | 245 | 263 | 213 | 252 | 0.17
Serious assaults | 187 | 155 | 178 | 183 | 175 | 0.12
Intentional assaults | 27,768 | 28,971 | 33,443 | 36,158 | 31,585 | 20.97
Violence to officials| 3,721 | 3,746 | 3,926 | 3,502 | 3,723 | 2.47
Homicide | 518 | 506 | 515 | 461 | 500 | 0.33
Infanticide | 191 | 191 | 157 | 118 | 164 | 0.11
Total of crimes of | | | | | |
vengeance, etc. | -- | -- | -- | -- | -- | 38.32
Political crimes | 4 | 1 | 2 | 0 | 1 | 0.00
| | | | +--------+-----
General total | -- | -- | -- | -- |150,607 |100.00
=====================+==========+==========+==========+==========+========+======
Here, also, the political crimes and the sexual offenses show the
smallest figures. The economic crimes exceed considerably those
committed out of revenge, etc., a fact to be accounted for in great
part by the inclusion of vagrancy and mendicity among the economic
crimes. These tables hardly lend themselves to international
comparison, since certain acts are regarded as misdemeanors in one
country, and as contraventions in another.
Italy, 1891–1895. [818]
===============================+==================================================
| Number Convicted of Each Crime.
+------+------+------+------+------+---------------
| | | | | | Average
Crimes. | | | | | | 1891-1895.
| | | | | +--------+------
| 1891.| 1892.| 1893.| 1894.| 1895.|Absolute|
| | | | | |Numbers.| %
-------------------------------+------+------+------+------+------+--------+------
Simple theft |44,380|38,750|35,343|37,022|41,875| 39,474 | 29.07
Aggravated theft |14,512|15,103|15,230|15,238|17,132| 15,441 | 11.37
Fraud (of every kind) | 6,288| 6,202| 6,446| 6,861| 7,917| 6,742 | 4.97
Counterfeiting, etc. | 85| 59| 59| 68| 90| 72 | 0.05
Forgery | 788| 626| 683| 726| 839| 732 | 0.54
Procuration | 182| 188| 185| 162| 267| 196 | 0.15
Robbery, extortion, etc. | 683| 719| 824| 879| 966| 814 | 0.60
Total of economic crimes | -- | -- | -- | -- | -- | -- | 46.75
Rape etc. | 724| 797| 879| 902| 1,066| 873 | 0.64
Corruption of minors and other | | | | | | |
offenses against morals and | | | | | | |
the order of the family | 1,036| 1,246| 1,269| 1,373| 1,411| 1,267 | 0.93
Total of sexual crimes | -- | -- | -- | -- | -- | -- | 1.57
Defamation and insults | 9,030| 9,957| 9,005|11,247|12,196| 10,287 | 7.58
Malicious mischief | 5,396| 4,938| 4,493| 5,069| 5,617| 5,102 | 3.76
Arson | 213| 156| 197| 210| 197| 194 | 0.14
Minor assaults |24,275|27,617|23,740|27,479|28,924| 26,407 | 19.45
Serious assaults | 6,491| 8,440| 9,124| 8,211| 9,199| 8,293 | 6.11
Threats | 4,788| 5,997| 5,875| 6,702| 8,053| 6,283 | 4.63
Violence, insults, etc., to | | | | | | |
officials |10,293|11,829|11,999|11,835|11,800| 11,551 | 8.51
Homicide | 1,686| 1,946| 2,145| 2,035| 2,049| 1,972 | 1.45
Infanticide and abortion | 60| 59| 54| 64| 81| 63 | 0.05
Total of crimes of vengeance, | | | | | | |
etc. | -- | -- | -- | -- | -- | -- | 51.68
Crimes against the safety of | | | | | | |
the state | 11| 9| 10| 10| 12| 10 | 0.00
| | | | | |--------|------
General total | -- | -- | -- | -- | -- |135,773 |100.00
===============================+======+======+======+======+======+========+======
The results of the Italian statistics agree in general with those that
have gone before.
Netherlands, 1897–1901. [819]
==========================+=============================================
| Number of Convicts for Each Crime.
+-----+-----+-----+-----+-----+---------------
| | | | | | Average
Crimes. | | | | | | 1897-1901.
|1897.|1898.|1899.|1900.|1901.+--------+------
| | | | | |Absolute| %
| | | | | |Numbers.|
--------------------------+-----+-----+-----+-----+-----+--------+------
Vagrancy and mendicity |2,139|2,173|2,209|1,873|1,857| 2,050 | 16.42
Simple theft |1,685|1,830|1,740|1,544|1,758| 1,711 | 13.71
Aggravated theft | 936| 919| 761| 837|1,029| 896 | 17.18
Receiving stolen goods | 95| 69| 88| 82| 98| 86 | 0.69
Embezzlement | 320| 262| 295| 309| 269| 291 | 2.33
Causing or being accessory| | | | | | |
to the debauch of a minor| 14| 6| 10| 14| 16| 12 | 0.10
Obtaining money under | | | | | | |
false pretenses | 102| 115| 97| 112| 115| 108 | 0.87
Extortion and blackmail | 8| 12| 6| 9| 5| 8 | 0.07
Forgery | 75| 72| 49| 64| 42| 60 | 0.48
Perjury | 29| 18| 15| 22| 18| 20 | 0.16
Fraudulent bankruptcy | 14| 14| 12| 20| 12| 14 | 0.11
Total of economic crimes | | | | | | | 42.12
Rape and indecent assault | | | | | | |
upon adults | 88| 81| 94| 110| 97| 94 | 0.75
Rape and indecent assault | | | | | | |
upon children | 13| 5| 13| 6| 18| 11 | 0.09
Total of sexual crimes | | | | | | | 0.84
Simple insults | 356| 319| 330| 288| 291| 316 | 2.53
Insults to officials | 549| 508| 431| 421| 440| 469 | 3.76
Malicious mischief | 916| 900| 861| 857| 874| 881 | 7.06
Arson | 10| 12| 22| 25| 15| 17 | 0.14
Rebellion, etc. |1,188|1,091|1,069|1,166|1,112| 1,125 | 9.01
Assaults |4,241|4,020|4,101|3,814|3,715| 3,978 | 31.87
Assaults upon officials | 340| 286| 331| 330| 296| 316 | 2.53
Homicide | 16| 16| 12| 14| 19| 15 | 0.12
Infanticide and abortion | 4| 3| 4| 4| 0| 3 | 0.02
Total of crimes of | | | | | | |
vengeance, etc. | | | | | | | 57.04
Political crimes | 3| 1| 1| 0| 0| 1 | 0.00
| | | | | +--------+------
General total | | | | | | 12,482 |100.00
==========================+=====+=====+=====+=====+=====+========+======
These figures thus confirm in general the results of the preceding
tables. The most frequent crimes are those committed out of revenge
etc. and the economic crimes. The sexual crimes only reach low figures,
and the political crimes are negligible.
We have placed certain crimes, like homicide and arson, in all the
tables, among the crimes of vengeance, etc., although they may also be
committed from an economic motive. The French and Italian criminal
statistics give information upon the frequency of the motives which
lead to these crimes.
France, 1881–1900. [820]
================================+===========================================
| Percentage of the Crimes of Homicide and
Presumable Motive of the Crimes.| Arson due to Each Cause.
+----------+----------+----------+----------
|1881-1885.|1886-1890.|1891-1895.|1896-1900.
--------------------------------+----------+----------+----------+----------
Cupidity | 26 | 28 | 31 | 26
Love, jealousy | 2 | 2 | 6 | 3
Adultery | 3 | 3 | 2 | 2
Concubinage, debauch | 6 | 6 | 5 | 8
Hate, revenge | 24 | 27 | 28 | 28
Domestic disputes | 15 | 13 | 9 | 12
Drink-shop quarrels | 2 | 1 | 1 | 1
Various motives | 22 | 20 | 18 | 20
================================+==========+==========+==========+==========
About 28% of the crimes, then, had an economic motive, about 12% had a
sexual motive, and 40% were committed out of revenge.
Italy, 1880–1881. [821]
=======================================+=============================
|Percentage of Crimes of Blood
Presumable Motive of the Crimes. | due to Each Cause.
+--------------+--------------
| 1880. | 1881.
---------------------------------------+--------------+--------------
Cupidity | 9.2 | 9.98
Question of interests | 4.2 | 8.76
Love, lawful or unlawful | 7.5 | 8.76
Family relations and questions of honor| 2.6 | 3.11
Defense of life | 4.9 | 3.04
,, ,, property | 1.7 | 1.89
Domestic disputes | 3.0 | 4.43
Anger | 30.3 | 23.67
Hate and revenge | 26.5 | 28.46
Cruelty | 4.1 | 2.72
Drunkenness | 3.2 | 4.25
Politics | 0.1 | 0.14
Various and unknown motives | 2.6 | 0.79
=======================================+==============+==============
Finally, it must not be forgotten that certain crimes of a different
kind (leze-majesty and malicious mischief, for example) are sometimes
committed simply that the author of them may get himself imprisoned,
and hence should be classed as economic crimes.
We have now reached the question: how close a connection have the
different crimes with economic conditions? We shall give only a
detailed sketch of the subject; to treat it more fully would require
extensive monographs. We shall limit ourselves to indicating the
general lines.
CHAPTER II.
ECONOMIC CRIMES.
It is necessary to divide these crimes into separate groups.
Notwithstanding their partial similarity they differ too much among
themselves to be treated together. I propose to speak of them under the
four following heads: A. Vagrancy and mendicity; B. Theft, and
analogous crimes; C. Robbery, homicide for economic reasons, etc. (that
is to say, economic crimes committed with violence or directed against
life); D. Fraudulent bankruptcy, adulteration of food, etc. (that is to
say, economic crimes committed almost exclusively by the bourgeoisie,
while those of the first three categories are committed almost
exclusively by the poor). Some crimes, like that of embezzlement,
belong to the second class as well as to the fourth (for example, a
workman’s making off with a bicycle loaned to him, and the embezzlement
of deposits by a bank director).
It seems to me unnecessary to explain this division. It creates four
fairly distinct groups, which contain all the economic crimes. However,
I must point out why I treat vagrancy and mendicity in this way, while
both are generally regarded not as misdemeanors but as contraventions.
[822] Properly speaking they ought not, therefore, to appear in a work
on criminality, but the following are the reasons why they nevertheless
find a place here; first, they are the most important and the most
common contraventions; second, there is a very close relation between
vagrancy on the one hand, and criminality properly speaking on the
other. This relation has been shown by many authors. As Professor Prins
says in his “Criminalité et répression”, vagrancy and mendicity are the
novitiate of crime. I will only recall here the opinions of two
writers, Josiah Flynt and E. Sichart. The former, the author of
“Tramping with Tramps”, has given up a part of his life to tramping for
some years in America, Germany, and in other countries, in order to
familiarize himself with the vagrant and the criminal; his conclusions
accordingly have great value. He is of the opinion that the vagrants
endowed with great energy become professional criminals, to fall again
into vagrancy as soon as their physical and mental forces decline so as
no longer to permit them to carry on their criminal trade with success.
[823]
Sichart, the prison director, having examined 3,181 convicts, found
that 28% of them had been convicted before for vagrancy, and 27% for
mendicity—55% in all. [824] These figures differed according to the
kind of criminal. There were to
each 100 thieves 44.2 vagrants, 35.0 mendicants
,, 100 swindlers 11.1 ,, 20.2 ,,
,, 100 sexual offenders 14.0 ,, 17.3 ,,
,, 100 incendiaries 15.1 ,, 15.5 ,,
,, 100 perjurers 4.2 ,, 4.7 ,,
For these reasons, then, it is necessary to treat of vagrancy and
mendicity.
A. Vagrancy and Mendicity.
In examining the etiology of these contraventions, we perceive that
different causes lead to them. We shall treat them successively and
endeavor to find their relation to the economic life.
First. As a first cause of vagrancy and mendicity is the fact that
under capitalism there are always workmen who cannot sell their labor.
The number of these persons increases greatly at the time of a crisis.
When the men out of work have no resource in their family and no longer
receive aid from their union, they are obliged to go from place to
place looking for employment, and if they do not succeed in finding it
must have recourse to begging in order not to die of hunger. Statistics
furnish the proof that the army of vagrants and mendicants is in fact
made up in part of the unemployed who, though they wish to, cannot find
work.
In the first place, vagrancy and mendicity increase in winter (as in
general all economic criminality does), when forced unemployment is at
its height, and needs are most pressing, while they diminish in summer.
The following figures with reference to some of the German states show
these facts.
Grand-Duchy of Baden, 1884–1891. [825]
=========+===================+================
| Number Convicted |Number Convicted
Months. | of Vagrancy and | per Diem, the
| Mendicity. | Minimum = 100.
---------+-------------------+----------------
January | 7,232 | 364
February | 6,315 | 336
March | 4,816 | 235
April | 2,945 | 148
May | 2,743 | 133
June | 2,475 | 124
July | 2,540 | 124
August | 2,410 | 118
September| 1,989 | 100
October | 2,672 | 130
November | 3,857 | 195
December | 5,310 | 259
=========+===================+================
Hesse, 1899–1900. [826]
==================+===============================
| Number Convicted of Vagrancy
Months. | and Mendicity.
+----------------+--------------
|Absolute Number.|Daily Average.
------------------+----------------+--------------
December-February | 479 | 5.32
March-May | 334 | 3.63
June-August | 259 | 2.82
September-November| 531 | 3.64
==================+================+==============
The following figures confirm those that have preceded.
Saxony, 1882–1887. [827]
======+==================================================================================
| Number Convicted of Vagrancy and Mendicity.
+-------------------++-------------------++-------------------++-------------------
| First Quarter. || Second Quarter. || Third Quarter. || Fourth Quarter.
Years.+--------+----------++--------+----------++--------+----------++--------+----------
| |Percentage|| |Percentage|| |Percentage|| |Percentage
|Absolute| of ||Absolute| of ||Absolute| of ||Absolute| of
|Numbers.| Annual ||Numbers.| Annual ||Numbers.| Annual ||Numbers.| Annual
| | Total. || | Total. || | Total. || | Total.
------+--------+----------++--------+----------++--------+----------++--------+----------
1882 | 6,752 | 36.1 || 4,220 | 22.6 || 3,181 | 17.0 || 4,546 | 24.3
1883 | 6,619 | 36.6 || 3,934 | 21.7 || 2,957 | 16.5 || 4,567 | 25.2
1884 | 6,641 | 37.6 || 3,855 | 21.8 || 2,721 | 15.5 || 4,462 | 25.2
1885 | 6,555 | 35.9 || 3,424 | 18.7 || 2,872 | 15.7 || 5,440 | 29.7
1886 | 7,139 | 41.5 || 3,507 | 20.4 || 2,654 | 15.4 || 3,900 | 22.7
1887 | 5,787 | 39.1 || 3,344 | 22.6 || 2,251 | 15.2 || 3,411 | 23.1
======+========+==========++========+==========++========+==========++========+==========
These statistics justify the conclusion drawn by Ostwald, from whom I
have taken the figures for Hesse. This author is a competent witness,
as he tramped as a vagrant for some time himself. He says: “These
figures directly contradict the statement that antipathy to regular
work forms the principal source of vagrancy and mendicity; especially
as there is no inclination to frequent the highways in winter. It is
the need that comes of unemployment that drives out these poorest of
the poor; and whoever wishes to do away with vagrancy must make the
economic existence of the working people secure, instead of visiting
the victims of poverty with Draconian punishments.” [828]
Another proof in support of the assertion that unemployment is a cause
of mendicity and vagrancy, is to be found in the fact that the figures
for vagrancy and mendicity rise considerably at the time of economic
crises. The same phenomenon occurs more or less when the price of grain
or bread goes up. Then those whose labor is only poorly paid must find
some means of increasing their resources; and further when bread is
dear less of other things can be bought, which brings about a decrease
in production and consequently an increase in forced idleness.
In the first part of this work I have mentioned authors who have shown
for different countries that the curve of vagrancy rises or falls as
economic conditions become worse or better. I add here the data that I
have been able to find elsewhere.
England, 1856–1896. [829]
=======+========================++=======+========================
| Vagrants Convicted. || | Vagrants Convicted.
Years. +--------+---------------++Years. +--------+---------------
|Absolute| To 100,000 of || |Absolute| To 100,000 of
|Numbers.|the Population.|| |Numbers.|the Population.
-------+--------+---------------++-------+--------+---------------
1856-57| 19,270 | 99.7 ||1876-77| 22,475 | 90.9
1857-58| 21,473 | 109.9 ||1877-78| 23,662 | 94.5
1858-59| 16,401 | 83.0 ||1878-79| 25,790 | 101.6
1859-60| 16,374 | 82.2 ||1879-80| 30,323 | 117.5
1860-61| 17,496 | 86.9 ||1880-81| 28,088 | 107.8
1861-62| 20,636 | 101.4 ||1881-82| 28,729 | 109.0
1862-63| 21,758 | 105.8 ||1882-83| 28,825 | 108.2
1863-64| 20,414 | 97.7 ||1883-84| 28,370 | 105.3
1864-65| 20,307 | 96.7 ||1884-85| 27,467 | 100.9
1865-66| 19,607 | 91.8 ||1885-86| 26,546 | 96.4
1866-67| 21,071 | 97.5 ||1886-87| 28,690 | 103.0
1867-68| 24,125 | 110.2 ||1887-88| 31,380 | 111.5
1868-69| 29,890 | 134.8 ||1888-89| 28,032 | 98.5
1869-70| 28,367 | 126.3 ||1889-90| 25,001 | 86.5
1870-71| 24,902 | 109.4 ||1890-91| 22,577 | 77.6
1871-72| 21,325 | 92.4 ||1891-92| 23,623 | 80.3
1872-73| 19,433 | 83.2 ||1893 | 24,830 | 83.3
1873-74| 19,582 | 82.8 ||1894 | 25,676 | 85.4
1874-75| 17,692 | 73.5 ||1895 | 23,524 | 77.4
1875-76| 19,841 | 81.4 ||1896 | 25,188 | 81.9
=======+========+===============++=======+========+===============
When we compare these figures with the course of economic events, we
find the following: 1856 was a bad year economically, and 1857 and 1858
were still worse; in 1859 the situation improved, to become worse again
in 1860, 1861, and 1862. The improvement was restored in 1863, while
1864 and 1865 were fair; in 1866, 1867, and 1868 conditions became
worse again, but improved from 1869 to 1874. With 1875 things took a
turn for the worse, and this condition lasted till 1879, when there was
a slight improvement; 1880, 1881, and 1882 were fair, while 1883 was a
passably good year. In 1884 a period of depression began, which lasted
till 1888, following which there was an improvement until 1891, with
the succeeding years up to 1894 not so good. In 1895 things once more
took a turn for the better. [830]
With some exceptions the curve of vagrancy rises and falls, then,
pretty much as the economic situation grows worse or improves.
Bavaria, 1835–1861.
Dr. G. Mayr has proved that during the period named there was a close
connection between the movement of the price of grain and the figures
for vagrancy. (See p. 42 of this work.) [831]
Flanders, 1839–1848.
Ducpetiaux had given proofs of the same correlation. (See pp. 33–37.)
France, 1840–1886.
Lafargue has proved that vagrancy and mendicity follow in general the
curve for bankruptcies. (See p. 235.) [832]
Hesse, 1895–1900. [833]
======+====================================================
|Number of those Convicted of Vagrancy and Mendicity.
Years.+-------------------+--------------------------------
| Absolute Figures. | To 100,000 of the Population.
------+-------------------+--------------------------------
1895 | 2,583 | 21.96
1896 | 2,244 | 21.49
1897 | 1,968 | 18.49
1898 | 1,658 | 15.60
1899 | 1,267 | 11.82
1900 | 1,442 | 12.95
======+===================+================================
In this period the economic depression in Germany, dating from about
1890, began to decrease.
Netherlands, 1860–1891.
Since there are no statistical investigations of the course of vagrancy
and mendicity I have composed the following chart from the official
data.
[Illustration: I. Number Convicted of Vagrancy and Mendicity to 100,000
of the Population. II. Price of Bread (in Centimes per Kilogram).]
A comparison of the two curves shows that there is a parallelism,
tolerably constant up to 1869. After this it ceases with some
exceptions. The great fall in the price of bread, beginning with 1878
(as a consequence of the agrarian crisis), even coincides with a
considerable increase in vagrancy and mendicity. To explain this we
must consult the statistics of failures. These show that the great
increase of vagrancy and mendicity coincide with an equally great
increase in the number of bankruptcies, beginning in 1875 and lasting
to 1882. For the following years there is no relation between the two
phenomena apparent.
Prussia, 1854–1870.
I have composed the following table by means of the data given by
Starke in his “Verbrechen und Verbrecher in Preussen” (pp. 55 and 115).
======+=================+===============================
| Number of New |Price of 50 Kilograms in Marks.
Years.|Cases of Vagrancy+---------+---------+-----------
| and Mendicity. | Wheat. | Rye. | Potatoes.
------+-----------------+---------+---------+-----------
1854 | 14,619 | 12.90 | 10.40 | 3.17
1855 | 16,665 | 14.21 | 11.45 | 3.37
1856 | 20,414 | 13.51 | 10.64 | 3.13
1857 | 15,801 | 10.18 | 6.87 | 2.18
1858 | 15,318 | 9.08 | 6.38 | 1.91
1859 | 16,978 | 8.93 | 6.79 | 1.98
1860 | 16,320 | 10.48 | 7.65 | 2.41
1861 | 14,239 | 11.04 | 7.71 | 2.79
1862 | 12,846 | 10.68 | 7.97 | 2.47
1863 | 11,840 | 9.18 | 6.78 | 2.04
1864 | 12,026 | 7.95 | 5.69 | 2.10
1865 | 11,640 | 8.13 | 6.24 | 2.03
1866 | 13,664 | 9.80 | 7.30 | 2.05
1867 | 15,339 | 12.89 | 9.87 | 2.95
1868 | 14,801 | 12.48 | 9.84 | 2.62
1869 | 15,091 | 9.70 | 8.08 | 2.16
1870 | 13,320 | 11.04 | 7.78 | 2.58
======+=================+=========+=========+===========
Although the curves of the price of foodstuffs and of vagrancy do not
exactly conform, the influence of the price is none the less evident.
The three periods of high prices (1854–56, 1860–62, and 1867–68)
coincide with high figures for vagrancy and mendicity. (It is to be
noted that the effect of an economic depression does not always make
itself felt the following year.)
Kingdom of Saxony, 1889–1892.
Bebel showed that mendicity increased greatly in the above period (a
crisis of great intensity). (See pp. 228–229 of this work.) [834]
I am of the opinion that these data show sufficiently that the increase
or diminution of vagrancy and mendicity are regulated by the economic
situation; in other words, that a great many persons become guilty of
these contraventions not because they are not willing to work, but
entirely as a consequence of an unfavorable economic environment. There
are some exceptions to this rule. Above (pp. 89–90) I have shown that
these exceptions do not weaken the general conclusion; the unfavorable
influence of the economic depression may be neutralized by
counter-determinants. It must further be remarked especially with
regard to vagrancy and mendicity, that the application of the laws
relative to these offenses is quite arbitrary, and it happens at the
time of a crisis that the courts do not punish those who are guilty of
them, whence it follows that the statistics do not give an accurate
picture of the reality. [835]
It is impossible to fix exactly how far the influence of economic
depressions extends; in other words, we cannot determine the number of
vagrants and mendicants who become such directly through forced
idleness. When it is necessary to record a certain number of
convictions for vagrancy and mendicity, although the economic
conditions are most favorable, we shall not even then be able to say
that this proves that the convictions fell only upon persons who could
have found work, but did not wish it.
Under the present economic system unemployment is chronic, that is to
say, it is present even in times of economic prosperity. Consequently
it has not been proved that those who are convicted during these
periods are necessarily lazy and do not want to work. The only figure
that I have been able to find with regard to the importance of this
cause of vagrancy and mendicity is this: that in Germany, out of a
total of 200,000 mendicants, there are 80,000 (40%) who are really in
search of work. [836] This figure being only approximate, its
significance is not great.
Before leaving the subject of this cause, we must say something with
regard to the objection that the workers who, on account of a long
period of unemployment, fall finally into vagrancy, are inferior to the
average, generally do not know a trade, and are often addicted to
alcohol; and that consequently in this case an individual factor plays
a rôle beside the economic factor.
It is true that most of the vagrants and mendicants do not know a
trade, nor are worth much as workmen. In his study Dr. Bonhoeffer says
that 55.4% of the vagrants and mendicants examined by him had not
learned a trade, or had learned it insufficiently. [837] This author
also shows (we shall return to this later) that a great proportion of
these people are also physically inferior to the average. This
inferiority is in part not the cause but the effect of the conditions
under which they have been living (insufficient food, etc.), [838] and
in part congenital weakness.
However, supposing that each of these individuals knew a trade,
supposing also that they were all robust and healthy and in a condition
to work regularly, would there then be fewer persons without work than
there are now? The answer to this question must be negative. Even if
every workman knew a trade, this fact would not increase the demand for
skilled workmen. At any given time the labor market demands only a
certain number of skilled workmen, and a certain other number of
unskilled laborers; the number of unskilled laborers available has no
influence. The same thing is true as to fitness for work; if all the
workmen had the same energy, the same zeal, etc., this would not
increase the demand for workmen; this demand is regulated by other
factors.
In my opinion it cannot be a question of individual causes; individual
differences explain partially who remain without work, and so become
vagrants; but it is the economic system which causes the existence of
persons without work. Vagrancy and mendicity would be no less extensive
even if all the workers knew a trade and were equal in zeal and energy.
In the second place the world of vagrants and mendicants is composed of
people too old to work, or more or less incapable of working, from
physical or psychical causes, so that they are no longer employed. So
far as I know the data concerning the age of vagrants and mendicants
are not numerous; I can cite those that follow.
England, 1894–1900. [839]
=======+==========+================================
| |Of Whom there were of the Age of
|Number of +----------------+---------------
Years. |Mendicants| 50 to 60 years.| Over 60.
|Convicted.+----------+-----+----------+----
| | Absolute | | Absolute |
| | Numbers. | % | Numbers. | %
-------+----------+----------+-----+----------+----
1894 | 13,021 | 1,638 | 12 | 1,916 | 14
1895 | 10,497 | 1,387 | 13 | 1,490 | 14
1896 | 11,839 | 1,512 | 12 | 1,801 | 15
1897 | 10,735 | 1,338 | 12 | 1,701 | 15
1898 | 11,047 | 1,540 | 13 | 1,838 | 16
1899 | 9,308 | 1,374 | 14 | 1,667 | 17
1900 | 8,402 | 1,253 | 14 | 1,690 | 20
=======+==========+==========+=====+==========+====
Netherlands, 1896–1901. [840]
======+===========+================================
| Number of |Of Whom there were of the Age of
| Persons +----------------+---------------
Years.| Convicted | 50 to 60 years.| Over 60.
|of Vagrancy+----------+-----+----------+----
| and | Absolute | | Absolute |
|Mendicity. | Numbers. | % | Numbers. | %
------+-----------+----------+-----+----------+----
1896 | 2,181 | 541 | 24 | 273 | 12
1897 | 2,139 | 529 | 25 | 278 | 13
1898 | 2,173 | 534 | 24 | 291 | 13
1899 | 2,215 | 564 | 25 | 285 | 12
1901 | 1,857 | 491 | 26 | 257 | 13
===================================================
Russia, 1897.
In the work of Löwenstimm already cited we find mentioned the fact that
out of a total of 7,916 mendicants arrested in St. Petersburg, 1,185
(14.9%) were between 50 and 60 years of age, and 982 (12.4%) over 60.
[841]
As has been said, a certain number of vagrants are weak or sickly, and
consequently are nearly or quite unable to work. In “Les habitués des
prisons de Paris”, Dr. Laurent gives the following description of some
vagrants observed by him, true types of this kind of individual. “I
have known at the Santé in recent years an individual who has passed
almost the whole of his life in prison, who was born and lived in
misery. A natural child, his mother received him as a mistake and a
burden and tried to destroy herself and him. Later, convulsions twisted
him upon a hospital bed, and he has remained half-paralyzed. So far
from knowing how to read or write he can hardly see clearly, for an
opaque film covers his left eye. He has undergone more than twenty
sentences for mendicity and vagrancy, and he is still only 37 years
old. He leaves prison only to enter it again. So he complains bitterly
and blames the judicial authorities, who, instead of placing him in an
asylum, where he belongs, cast him into prison, because, says he, the
food does not cost so much.
“An individual 29 years old, the son of a drunkard and a consumptive,
has already been seven times sentenced for mendicity. He has been
half-paralyzed since he was 13 months old and can walk only with
crutches. Epileptic in addition, he drifts from prison to prison.
“These facts are very common, and it is impossible to estimate how many
of these poor devils live in the prisons, which are a kind of refuge
for them. Lately I saw a blind man who had been arrested for mendicity
and sentenced to a fortnight in prison.” [842]
The following figures, taken from the work just quoted, inform us as to
the number of such individuals.
Breslau.
===============================+=========+======
Physical and Mental Condition. |Absolute |
|Numbers. | %
-------------------------------+---------+------
Physical condition weak | 337 | 91
Incapable of military service | |
from physical weakness | 236 | 64
Mental anomalies | 322 | 87
Epilepsy | 43 | 11
Imbecility | 86 | 23
Total number examined | 369 | 100
================================================
Here it must be noted that in the years 1896–97 there were on the
average only 9% of the conscripts of Silesia who were incapable of
military service.
The other figures that are known agree with the ones I have just cited.
Dr. Kurella found 20% to 30% of imbeciles or epileptics among the
vagrants. [843] Dr. Mendel also found a great number of psychic
abnormalities among the vagrants. [844]
All that I have just said demonstrates sufficiently, I believe, that
the cause named above plays a considerable rôle in the etiology of
mendicity and vagrancy. It is still necessary to give an answer to the
question: do all the individuals who fall under the unfavorable
conditions named under one and two, become vagrants or mendicants? It
is evident that the answer must be negative. Three expedients offer
themselves to one who has fallen into the blackest poverty; mendicity,
theft, and suicide. It is partly chance (opportunity etc.), and partly
the individual predisposition which fixes what anyone under the
conditions named will become, whether a mendicant or a thief. Generally
those who have still some intelligence and energy become thieves, the
rest vagrants. [845] The third expedient, suicide, also is frequently
met with among the lower proletariat. [846] Those who have recourse to
it are either those who have known better conditions and find that the
miserable existence that mendicity procures is not worth the trouble of
living, or those who have lost all energy. Sometimes persons commit
suicide to escape the shame of begging or stealing. These have been
called “the heroes of virtue”; but, considered from another point of
view, they may also be called the “victims of vice”, the vice of
others, of course. These have been born with a very strong moral
disposition and have lived in an environment where this disposition has
been developed. These cases prove the degree of intensity that the
social sentiments can attain; they are stronger than the fundamental
desire to live, although those whom these “heroes” are unwilling to
injure, reject these sentiments, by abandoning their fellows who find
themselves in want.
Third. A third category of mendicants and vagrants is made up of
children and young people. Let us see what relation there is between
this fact and the economic and social environment. All those who have
taken up this subject are agreed that a great proportion of the
children are systematically taught to beg by their parents. Whatever
may be the cause for which the parents act thus, these children are
entirely the victims of the detestable atmosphere in which they are
forced to live. Brought up in a wholesome environment they would become
neither mendicants nor vagrants. [847]
Another part of the vagrant body is made up of children who are either
illegitimate or orphans, or deserted by their parents, or forced by bad
treatment to run away from home. Tomel and Rollet mention the following
typical case. A girl of 16 was charged with vagrancy, and made this
heart-rending statement of her case before the tribunal: “I went on
Friday to find the police commissioner of the ward; I told him that I
had been without a lodging place for 15 days, and that I had not eaten
for 48 hours. I was employed at the house of a wine merchant, who, when
my mother died three years ago, took me as a servant (at 13 years of
age) at two sous a day as wages. But my employer failed, his shop was
closed, and I had to go out and wander in search of work without
finding anything. My father, sentenced to hard labor for life, died in
New Caledonia. I have no longer any mother, and since I did not wish to
imitate my grown-up sister, who leads a bad life, I preferred to get
myself arrested.” [848]
It is difficult to tell how many of these children there are. The only
figures that I know of are the following.
Italy, 1885–1889. [849]
Among the minors sent to a house of correction for vagrancy there were
=====================================+=========+======
Divisions. |Absolute |
|Numbers. | %
-------------------------------------+---------+------
Illegitimate children | 91 | 8.0
Orphans | 498 | 43.8
Children whose parents were in prison| 25 | 2.2
Other children | 524 | 46.0
+---------+------
Total | 1,138 |100.0
=====================================+=========+======
We must now speak of another kind of vagrant and mendicant, those whom
some criminologists have called born-vagabonds; children who run away
from home to meet with adventures and to see something more than the
neighborhood where they live. It makes little difference to us here
whence comes this desire; everyone, especially every child, has it more
or less (who is there who does not love to travel?) and there are those
in whom it is very strong. “Who among us,” say Tomel and Rollet, “at
certain moments of existence, does not feel the desire to break with
social conventions, or more simply, to break through the circle of his
horizon, in order to depart in search of the unknown? Put money in the
pocket of the tramp and you make a tourist. The sportsman and the
delinquent are separated only by the thickness of some hundred-sou
pieces.” [850]
These authors have hit the truth of the matter. Such children are
called born-vagabonds, but then we meet thousands of born-vagabonds who
have never become vagabonds in reality. The children who have a great
love of adventure are found in all classes of society, but only those
who come from among the poor become vagrants. It is in poverty then
that we find the “causa efficiens”; the same inclination that brings
poor children to prison, would perhaps lead them to a post of honor if
they had lived in better surroundings. There are people of all kinds
among criminals, and it cannot be denied that the majority of them are
inferior in every way. But this does not apply to this class of little
vagrants. Those who, as a consequence of years of experience, have a
right to speak, are agreed that such children can be made useful
members of society, if they are rationally guided. [851] They are bold
and energetic lads. Could it be believed that all the boys who, in
1889, came on foot to Paris from all parts of France to see the Eiffel
tower (there were some of them under seven years of age) were not brave
and energetic? Brought up in another environment they would have become
sailors or explorers, or would have undertaken long journeys as
tourists—while now they get into prison, to descend later lower and
lower. [852]
Fourth. Finally, the fourth category of vagrants and mendicants. This
consists of those not included in the other three classes of people who
are physically in a condition to work and who have opportunity to do
so, but are not willing to work. It is hard to determine with certainty
how large a part of the army of vagrants and mendicants they make up.
But it seems to me certain that the facts given above prove that they
are not as numerous as some authors and many other people believe.
Besides, how is it that the philanthropic institutions where everyone
admitted has to work, are always full, if it is true that most vagrants
are persons who are not willing to work?
The vagrants of this class are then lazy persons, unwilling to work,
but living at the expense of others, and consequently parasites. It is
with reason that many authors have blamed such persons (though, as Dr.
Colajanni says, justice would require that we should include all
do-nothings, and not the poor only). But this does not advance the
cause of sociology; her task is to find the causes of the phenomenon.
It is incontestable that the zeal and energy, evidenced by modern
peoples in their work, are not innate but acquired. All sound
individuals have, not in the same measure, it is true, an innate
tendency to exercise their muscles and their intellectual faculties,
but without external causes this inclination does not go very far. The
primitive peoples work no more than is necessary to provide for their
very moderate needs. They find people laughable who work more than is
strictly necessary. [853] The enormous change which took place in the
method of production little by little induced men to produce a greater
and greater amount of work; on the one hand were the slaves, forced to
labor hard, and on the other hand the property owners driven to work by
the desire of profit. In our present society the case is almost the
same; the great mass are forced to work by fear of poverty, the smaller
number by the desire for gain. And then the great majority of men have
been accustomed to work from infancy; much work is done from necessity,
but much from habit, which causes a feeling of uneasiness when one
cannot work.
The first reason why there are people who do not want to work, is that
they have not been accustomed to it from childhood. In general
children, like primitive people, who are analogous to them in many
ways, show little zeal for work. It is necessary to train them for a
fairly long time before they set themselves to work assiduously. What
will all those children whose parents have neglected them, or who have
even taught them to beg, turn into when they are grown up, if not into
vagrants and mendicants? They have never learned any trade, have never
become accustomed to work, have never found any pleasure in it, so that
later in life they will never have any desire to do anything. [854]
Part of those who have not been able to work for a long time go the
same road, they lose the habit of working, become lazy, and in the end
are not willing to do anything any more. [855] These, to be sure, are
the least diligent by nature, but that would not alone send them into
vagrancy if they had always been able to find work.
However, there is still one more thing to be said about the
circumstances which give rise to this class of individuals. In the
first place, the long duration, the monotony, and the disagreeable
features of the work of the proletariat, which, as a consequence is
rather hated than loved. [856] In the second place: the small wages of
a large part of the workers, and the comparatively large amounts that
clever beggars are able to secure. Flynt gives the following data as to
the “earnings” of tramps; in New York, $1 a day; in the Eastern States
generally, from 50 cents to $1 or $2, without counting food; in New
Orleans a skilful beggar can “earn” $1 a day. He estimates that in
Germany the daily receipts of a beggar are from a mark and a half to
four marks, and food; in England most beggars get from 18 pence to two
shillings, though some very clever ones even get as much as 10
shillings. [857] Löwenstimm tells that in Petrograd a skilful beggar
has a daily income of three rubles. [858] Florian and Cavaglieri say
that in Paris a beggar gets four francs, and if he is very clever, even
as much as twenty-five francs, a day. [859]
In some cases, then, it is more profitable, and in all cases more easy,
not to work. In consequence of these facts we read very often that the
public ought not to give to these idlers. But the public cannot
distinguish this class of mendicants from the others. It is certainly
true that professional mendicity would diminish if nothing were given
to mendicants; but on the other hand the great misery among the other
poor would be aggravated still more. And I venture to doubt whether the
advantage thus gained on one side would counterbalance the disadvantage
created on the other.
And these laments upon the subject of the stupidity of the public are
generally accompanied by anathemas upon those who prefer the life of
the parasite to work. No one would naturally be inclined to excuse
these individuals. But it is necessary to look at the question from
both sides. If these people are blamed, blame must be attached also to
a state of society in which honest labor is so poorly paid that begging
is often more lucrative. These individuals are cunning egoists and as
long as society is organized as it is, they are right from their point
of view. To be sure, they have no feeling of honor, they attach no
value to the opinion of others, but the feeling of honor is not innate
but acquired. As the facts show, vagrants generally come from an
environment where there can be no question of a development of moral
qualities. Dr. Bonhoeffer shows, for example, that about 45% of the
vagrants examined by him had been brought up in bad home surroundings
(alcoholism of the parents, etc.). Then, as we have seen above, the
social feelings can be developed only where there is reciprocity. I
should like to know whether society really concerns itself with the
fate of these unfortunates to such an extent that they in their turn
care greatly for the opinion of this same society. Certainly not. They
are pariahs, and since they are such the contempt of a hostile world is
a matter of indifference.
As we come to the conclusion of our observations upon the etiology of
vagrancy and mendicity, we have still but one category to consider,
that of those who are indolent by nature. There are individuals in whom
assiduous labor of any kind awakens a strong feeling of discomfort.
[860] As we have already stated above, in speaking of poverty in
general (see p. 288), the cause of this phenomenon is a species of
neurasthenia, more especially physical. It is necessary to recognize
that, while these individuals are out of harmony with society, they are
sick and must be cared for if society is to avoid trouble. Besides,
Professor Benedict, who was the first to point out physical
neurasthenia, himself recognizes [861] that such sick persons need not
become vagrants, if they are brought up in a favorable environment, and
that later the struggle for existence will not be painful to them.
To sum up, it is evident that the principal causes of vagrancy and
mendicity are lack of work, the want of care for the old, the sick, and
the weak, the abandonment of poor children, the low wages and long
hours of the workers. The persons who run most danger of being
incorporated in the army of vagrants are the weak, whether mentally or
physically, but this need not necessarily happen; the “causa causarum”
is the environment. [862]
History proves this also. If vagrancy and mendicity sprang from the
innate qualities of man, there would always have been vagrants and
mendicants, which is not the case. The appearance of these is due to
the economic structure of society. It is not possible to discuss this
at length and the reader is referred to the work of Florian and
Cavaglieri, “I vagabondi” (I, Part One). These authors show that the
first type of vagrant was the runaway slave, and then the serf who had
fled from his lord’s domain. In the following periods the penalties
with which vagrants were threatened (and they were very severe) were
especially designed to force the proletariat to serve the purposes of
the possessors of the means of production. [863] In measure as the
number of available workers increases and the proletariat submits to
the will of the capitalists, this cause becomes less important, and
disappears almost completely in our own time. It is rather the contrary
that takes place, since the army of vagrants and mendicants is now
mainly composed of those who have not been able to find work.
Vagabondage and mendicity are at present punishable because of the
importunity of the mendicants, the losses experienced by persons living
in the country especially, and also because of the danger to society
from the fact that the dangerous criminals are partly recruited from
this class.
B. Theft and Analogous Crimes.
Before examining the motives inducing the commission of theft (the most
important crime of this group, the others being mostly modifications of
it) we must first stop a moment to ask the question, “Is honesty an
innate characteristic or is it acquired?”
In my opinion it is indisputable that honesty is as little innate as
any other moral conception. [864] No child can distinguish between mine
and thine, it is only little by little that he gains this concept. On
the contrary he has the tendency to monopolize everything that he
desires (the prehensory instinct, Lafargue names it). [865] It is just
this instinct that must be combated to make a child honest. It would,
therefore, be more correct to say that dishonesty is innate. Unless one
takes account of this fact it is impossible to give the etiology of
theft and crimes of the same nature.
The motives for these crimes with which we are now occupied we shall
speak of under three heads. The first group includes the crimes
committed from poverty, the second those that result from cupidity, and
in the third group we shall treat of the criminals by profession.
a. THEFTS COMMITTED FROM POVERTY.
There are some needs which a man must satisfy, without which his
existence is impossible. These are fundamental needs, independent of
environment. If a man has not sufficient food, if he has not (at least
in non-tropical countries) clothing to protect him against cold, if
opportunity for rest is lacking, etc., his life is in danger. In our
present society there are always a number of persons who are in want of
the strict necessaries of life, and who are therefore obliged to steal
if they do not wish to succumb to poverty. It is evident that the word
“poverty” is not to be taken in the most limited sense, so that one who
can still buy a morsel of bread, and yet steals, may still be
considered as a thief from poverty.
We must make here one more observation before we enter upon the proofs
of this thesis. We have defined crime as an egoistic act. However, the
same act may be at once egoistic and altruistic, and this is the case
with some crimes committed from poverty, when an individual steals in
order not to have those in his charge die of hunger. What conflicts of
duty our present society creates!
The proofs that absolute poverty provokes a number of thefts are of
three kinds. The first two are based upon the dynamics of criminality.
First. In winter, when poverty is most pressing, the number of thefts
etc. is much greater than in summer. This is a fact so well known that
it is unnecessary to give detailed proofs of it, and I think it will be
sufficient to give the following statistics dealing with two important
countries for a great number of years.
Germany, 1883–1892. [866]
===============+========================================================================================================
| Number of Punishable Acts Committed in the Months of
Crimes.[867] +--------+---------+-------+-------+------+------+------+-------+----------+--------+---------+----------
|January.|February.| March.| April.| May. | June.| July.|August.|September.|October.|November.| December.
---------------+--------+---------+-------+-------+------+------+------+-------+----------+--------+---------+----------
Simple theft {a| 7,991 | 7,342 | 6,909 | 5,777 | 6,097| 6,003| 6,230| 6,481 | 6,249 | 7,436 | 7,966 | 8,523
{b| 113 | 115 | 98 | 85 | 87| 88| 88| 92 | 92 | 106 | 117 | 121
| | | | | | | | | | | |
Aggravated {a| 913 | 877 | 830 | 777 | 840| 856| 879| 866 | 818 | 956 | 971 | 996
theft {b| 102 | 107 | 92 | 89 | 94| 98| 98| 96 | 94 | 106 | 112 | 111
| | | | | | | | | | | |
Embezzlement {a| 1,539 | 1,358 | 1,454 | 1,397 | 1,505| 1,485| 1,583| 1,551 | 1,459 | 1,604 | 1,573 | 1,659
{b| 100 | 97 | 94 | 94 | 98| 100| 103| 101 | 98 | 104 | 105 | 108
| | | | | | | | | | | |
Receiving {a| 682 | 615 | 571 | 442 | 458| 447| 444| 451 | 451 | 556 | 643 | 789
stolen goods{b| 123 | 122 | 103 | 82 | 82| 83| 80| 81 | 81 | 100 | 120 | 142
| | | | | | | | | | | |
Professional {a| 3 | 5 | 4 | 8 | 4| 3| 3| 3 | 6 | 3 | 3 | 5
and habitual{b| 71 | 130 | 94 | 195 | 94| 73| 71| 71 | 146 | 71 | 73 | 118
receiving of | | | | | | | | | | | |
stolen goods | | | | | | | | | | | |
| | | | | | | | | | | |
Fraud {a| 2,174 | 2,050 | 1,909 | 1,744 | 1,823| 1,869| 1,932| 1,845 | 1,758 | 2,065 | 2,279 | 2,432
{b| 107 | 111 | 94 | 89 | 90| 95| 95| 91 | 90 | 102 | 116 | 120
===============+========+=========+=======+=======+======+======+======+=======+==========+========+=========+==========
There is, then, a pretty considerable increase as winter approaches,
and a decrease with the summer months. I would call the attention of
the reader especially to the fact that it is the crimes of simple theft
and the receiving of stolen goods which show this change in the most
marked way, while aggravated theft, embezzlement and the professional
and habitual receiving of stolen goods show it in less degree. It is
the two former crimes which have poverty as their cause, while the
three latter are more apt to be committed from cupidity and by
professional criminals.
The following figures, taken from the criminal calendar composed by
Professor Lacassagne, have to do with
France, 1827–1870. [868]
Number of Crimes Against Property for Each Month, Reduced to an Equal
Duration of 31 Days.
January. 16,350
February. 15,400
March. 14,250
April. 13,450
May. 13,625
June. 13,450
July. 13,225
August. 13,425
September. 13,875
October. 14,400
November. 16,100
December. 16,825
We have here, then, as always, a great increase in fall and winter, and
a corresponding decrease in spring and summer.
Second. A second proof of the importance of absolute poverty as a cause
of crime etc. is furnished by the fact that there is a considerable
increase of the crimes in question in times of economic depression
(high price of bread, lack of work, etc.). In Part One I have cited
many works in which this phenomenon is proved for a number of
countries. I refer the reader, therefore, to the more important of
these, and add other data here.
Germany, 1882–1911. [869]
=======+============+===========+================================================
| | | Number of Persons Convicted of Crimes given
| | | below, to 100,000 of Population over 12 Years
|Price of Rye| Imports | of Age.
Years. |in Marks per|and Exports+------+----------+---------+------+-------------
|1000 Kilogr.| in | | |Receiving| |
| (Berlin.) | Billions |Simple|Aggravated| Stolen |Fraud.|Embezzlement.
| | of Marks. |Theft.| Theft. | Goods. | |
-------+------------+-----------+------+----------+---------+------+-------------
1882 | 152.3 | 6.3 | 250 | 28 | 26 | 37 | 46
1883 | 144.7 | 6.5 | 241 | 25 | 24 | 38 | 46
1884 | 143.3 | 6.4 | 231 | 25 | 23 | 39 | 46
1885 | 140.6 | 5.8 | 214 | 22 | 22 | 38 | 45
1886 | 130.6 | 5.9 | 210 | 20 | 21 | 41 | 45
1887 | 120.9 | 6.2 | 198 | 21 | 20 | 43 | 44
1888 | 134.5 | 6.7 | 194 | 21 | 20 | 44 | 44
1889 | 155.5 | 7.2 | 211 | 23 | 21 | 49 | 47
1890 | 170.0 | 7.6 | 206 | 24 | 21 | 50 | 47
1891 | 211.2 | 7.7 | 216 | 25 | 22 | 54 | 50
1892 | 176.3 | 7.3 | 236 | 31 | 25 | 59 | 52
1893 | 133.7 | 7.3 | 202 | 26 | 22 | 58 | 51
1894 | 117.8 | 7.2 | 198 | 27 | 22 | 60 | 52
1895 | 119.8 | 7.6 | 192 | 24 | 22 | 61 | 53
1896 | 118.8 | 8.2 | 184 | 24 | 19 | 58 | 50
1897 | 130.1 | 8.5 | 188 | 23 | 18 | 61 | 51
1898 | 146.3 | 9.4 | 191 | 25 | 19 | 63 | 52
1899 | 146.3 | 10.0 | 179 | 24 | 19 | 63 | 53
1900 | 142.6 | 10.7 | 181 | 23 | 18 | 60 | 51
1901 | 140.7 | 10.2 | 190 | 26 | 19 | 64 | 52
1902 | 144.2 | 10.6 | 191 | 28 | 20 | 66 | 55
1903 | 132.3 | 11.4 | 182 | 26 | 19 | 64 | 54
1904 | 135.1 | 12.1 | 176 | 24 | 17 | 62 | 54
1905 | 151.9 | 13.2 | 175 | 25 | 17 | 61 | 56
1906 | 160.6 | 14.8[870] | 179 | 28 | 18 | 62 | 58
1907 | 193.2[871] | 15.5 | 178 | 28 | 18 | 61 | 60
1908 | 186.5 | 14.0 | 189 | 32 | 20 | 61 | 63
1909 | 176.5 | 15.1 | 182 | 33 | 20 | 62 | 65
1910 | 152.3 | 16.4 | 176 | 32 | 19 | 63 | 65
1911 | 168.3 | 17.8 | 169 | 30 | 19 | 63 | 65
=======+============+===========+======+==========+=========+======+=============
If, in examining the preceding table, we do not lose sight of the fact
that the rise or fall of the price of grain does not make itself felt
immediately, and that in the criminal statistics of a certain year
there appear also persons who have committed their crime in a preceding
year, it is clear how enormous is the influence of the economic
movement upon economic crimes. The price of grain had formerly a
decisive influence upon the trend of economic crimes; now, in
industrial countries like Germany, it is rather the industrial
situation, without, however, the price of cereals losing all influence.
[872]
England, 1823–1896.
Dr. Tugan-Baranowsky proved for the periods 1823–1850 and 1871–1896 the
correlation between good and bad times and the decrease and increase of
criminality.
For the period 1858–1864 the same proof is given by Mayr (see Part I);
and for the years 1840–1890 by Fornasari di Verce (see Part I). The
figures of the former have reference only to crime in general, and do
not, therefore, show sufficiently the effect upon crimes that are
merely economic. [873]
Grand-Duchy of Baden, 1875–1892.[872]
J. S(chmidt), the statistician, shows the parallelism of the two curves
for the period mentioned (p. 243).
Bavaria, 1835–1861.
Dr. G. Mayr was one of the first statisticians to show the influence of
the price of grain upon crimes against property (pp. 39–42).
Belgium, 1839–1890.
Dr. Weisz has proved the influence of the price of grain during the
period from 1841 to 1860 (p. 61) and Professor Denis that of the
economic happenings for the period from 1840 to 1890 (pp. 235–237),
while Ducpetiaux draws attention especially to the enormous increase of
criminality in Flanders during the years of crisis, 1846–1847 (pp.
32–37). [874]
France, 1825–1886.
The influence of the price of grain upon crimes against property has
been shown for the periods 1845–1864, 1850–1864, and 1855–1864
respectively, by Drs. Weisz (pp. 60–61), Corne (pp. 48–49), and Mayr
(pp. 46–47). Lacassagne and Lafargue have shown the correlation between
the fluctuations of the economic life and those of economic crime for
the years 1825–80 and 1840–86 respectively (pp. 149 and 231 ff.).
Italy, 1873–1890.
For this period Fornasari di Verce has shown the parallelism between
the curves of economic occurrences and of economic crime (pp. 138–143).
New South Wales, 1882–1891.
The same author has shown here also the same correlation (p. 144).
Netherlands, 1860–1891.
Since researches for this country upon our subject are lacking, I have
composed the following diagram from the official data.
[Illustration:
I. Number of those Convicted for Theft to 100,000 of the Population.
II. Price of Bread per Kilogram in Centimes.]
The parallelism of the two curves is striking, there being simply a
slight exception in the years 1871–1873. The increase of theft in the
years 1879–1881 coincides with a very great increase in the number of
bankruptcies, which continued until 1882. [875]
The same parallelism has also been shown for Prussia, Russia,
Wurtemberg, and Zürich by Starke and Müller, Tarnowsky, Rettich, and
Meyer, as quoted in Part I of this work. [876]
Few sociological theses, it seems to me, have been proved as
conclusively as the one of which we have just been speaking. The
important influence of the trend of economic events upon that of
economic criminality has been shown for thirteen different countries
for different periods of the nineteenth century. Some authors are of
the opinion that poverty cannot be the cause of crimes that are
committed when economic conditions are most favorable, and when
economic crimes have consequently reached their minimum. This assertion
still needs fuller proof, as I have already pointed out, since there
are still many persons who are in want of the necessaries of life even
in times of prosperity.
I must say here a few words in answer to a final objection to the
preceding observation; namely, that the increase of theft etc., in
times of economic depression, is, in great part, a consequence, not of
absolute poverty, but of the impossibility of satisfying needs that
have sprung up in more favorable times; and that the increase will be,
therefore, in large measure due to an increase of crimes committed from
cupidity, and not from poverty. This may be true in some cases, but
not, in my opinion in the great majority of cases, for the following
reasons. When the economic situation is favorable, when earnings are
more than usual, and when, consequently, wants increase and become more
intense, can everyone satisfy the desires awakened in him by the spirit
of imitation? Surely not; even at such times of prosperity there are
still many individuals with whom desire is awakened but who are not
able to satisfy it in a lawful manner. On the other hand, wants in
general diminish in times of crisis; cupidity is therefore less
excited, and with a limited income men are quite satisfied with having
the means of subsistence, when there are so many who lack the very
necessaries of life. In my opinion, crimes from cupidity increase
rather than diminish in times of prosperity, while in times of
depression the opposite takes place. This cannot be proved for each
economic crime separately, since criminal statistics do not show
whether a crime is committed from poverty or cupidity. However,
embezzlement, fraud, and aggravated theft are committed in a greater
degree from cupidity than is simple theft, (and by professional
criminals). Now statistics show that it is chiefly simple theft that
follows the course of economic events, the other crimes named doing so
much less; the same is true of the changes during the different
seasons. Finally, while absolute poverty in countries like Germany has
decreased and simple theft also, luxury and cupidity have increased,
together with the other crimes named. [877]
The third proof that poverty is a great factor in the etiology of theft
is the enormous number of widows and divorced women who participate in
these crimes (see pp. 452, 453). There is no reason to believe that
these women are more covetous than married women or spinsters; but it
is certain that their economic situation is often very burdensome.
[878]
We shall not employ any further methods to establish our thesis; since
for the reasons already stated they would lead to results of no great
significance, and it seems that the accuracy of the thesis has been
sufficiently shown by the proofs cited.
We have now come to the end of our consideration of the subject of
thefts committed from poverty. There are two ways in which it is the
cause of theft. On the one hand it incites directly the appropriation
of the property of others, and on the other hand it exercises a
demoralizing influence.
b. THEFT COMMITTED FROM CUPIDITY.
We have now to deal with crimes of persons who steal neither from
absolute poverty, nor by profession. Those who are guilty of these
crimes earn enough to satisfy their more pressing needs, and they steal
only when the occasion presents itself (whence their name of occasional
criminals) [879] in order to satisfy their desire for luxury.
The first question, then, which must be answered here is this: how do
these needs arise? The answer can be brief; they are aroused by the
environment. In a society where some are rich, who have more income
than is needed to supply the fundamental necessities, and who create
other needs for themselves, in such a society the cupidity of those who
have not similar incomes at their disposal will be awakened. The
desires which the criminals of whom we are speaking wish to satisfy by
their misdeeds are not different from those of the well-to-do. It goes
without saying that no one has ever desired any luxury that he has not
seen someone else enjoying. It would be a waste of time to discuss
this. Every need that is not strictly necessary, is not innate but
acquired. If one has much, the other, an imitator, wants the same.
There is but one piece of advice to give to those who are not convinced
of this simple truth; that they read some ethnological works treating
of peoples among whom there are neither rich nor poor. They will then
see that cupidity, with us a universal quality, is there unknown. [880]
The division between rich and poor is many centuries old and does not
belong to capitalism alone, although under capitalism the distance
between the two has greatly increased and is still increasing. The
greater this distance is, the more, other things being equal, cupidity
increases. [881]
The cupidity of those who can satisfy only the desire for the bare
necessities is not awakened in the same measure in each of them. As has
already been remarked by Guerry and Quetelet (see Part I), economic
crimes are most numerous in the countries where manufacturing and
commerce are most developed, and where the contrasts of fortune are
consequently the greatest. It is for this reason that the cities, where
the contrasts between poverty and wealth are greatest, give also very
high figures for crimes against property (see pp. 530–531).
Those who live in the same country or the same city are not, in spite
of that, in the same environment. Every great city has thousands of
workers who, because of the character of their labor, have no contact
with luxury; others, on the contrary, have the desire for luxury
awakened in them by the fact that their work brings them in touch with
wealth. Hence it is, for example, that so large a number of economic
crimes are committed by workers occupied in commerce (see p. 446), and
by servants. [882] There are workmen who have never been accustomed to
more than they are able to earn at the time, but there are also those
who have known better days and to whom the impossibility of satisfying
needs previously acquired is a constant source of suffering.
However, the contrast between rich and poor is not the only cause of
the origin of cupidity. We must also sketch in addition to the above,
especially the manner in which commercial capital tries to draw buyers.
The times are long gone by when the producer worked principally to
order. Modern industry manufactures enormous quantities of goods
without the outlet for them being known. The desire to buy must, then,
be excited in the public. Beautiful displays, dazzling illuminations,
and many other means are used to attain the desired end. The perfection
of this system is reached in the great modern retail store, where
persons may enter freely, and see and handle everything, where, in
short, the public is drawn as a moth to a flame. The result of these
tactics is that the cupidity of the crowd is highly excited. [883]
After what has been said it is unnecessary to dwell longer upon the
different ways in which cupidity is awakened in our present society.
However we must note the following. Almost all the thefts of the class
of which we are speaking (those committed by so-called occasional
criminals) are thefts of articles of very small value (see the figures
on p. 201); the exceptions are the thefts of large sums of money. The
authors of these last are in general the employes of banks, etc.,
persons who, from the nature of their work, have the opportunity to
appropriate other people’s money. When we investigate the reasons for
their committing their misdeeds, we shall see that nine times out of
ten (I cannot prove it by figures, but no one will contradict me) the
criminal is a speculator who has lost, or perhaps an individual who
visits prostitutes, and hence has great need of money.
Cupidity is thus excited by the environment, but not in the same degree
in every case, the environment not being the same for all. However,
even supposing that the environment were exactly identical for a number
of persons, cupidity would not be excited in the same measure in some
as in others, since they are not alike, one being born with more
intense desires than others (admitting that it is the environment that
calls forth the desires). The more intense a man’s desires, the more
risk he runs, other things being equal, of falling foul of the law. As
I have already remarked above, this is important for the person who is
seeking the reason why A and not B has stolen, though both live in the
same environment; for sociology this fact is only of secondary
importance, for it does not ask “Who becomes criminal?” but rather “How
does it happen that there are crimes?”
We have now examined one of the sides of the question; the principal
cause of these crimes is the cupidity awakened by the environment. If
the environment were different, cupidity would not be aroused and the
crimes would not be committed. In my opinion most criminologists do not
sufficiently appreciate the importance of this fact. It is very
difficult for anyone who lives at ease to form an idea of what is
passing in the mind of one who has only the bare necessaries of life
and is deprived of every comfort and amusement, while he sees others
who have too much, and yet often work less than he does.
Let us now examine the other side of the question. For this purpose let
us make use once more of the figure of balances in describing the
process that goes on in the brain of the man who hesitates. Upon one of
the pans cupidity exercises its force, in different measure according
to the person. What are the weights upon the other pan balancing the
first? It is the moral forces which must be considered first. I have
fully explained above how the economic environment has prevented the
social instincts from being developed in man, and how this is
especially true for certain classes of persons. It is unnecessary to
repeat this here. It will be sufficient to note certain points which
have a special importance for the kind of crimes with which we are
occupied at the moment.
He who steals, prejudices the interests of another, does him harm, and
at the same time injures society, the existence of which would become
impossible were theft permitted. In my opinion, the present
organization of society, of which the struggle of all against all is
the fundamental principle, has reduced this moral factor to very small
dimensions. In the economic domain each must be egoistic, for without
egoism he would lose in the struggle for existence. In the case of
theft and similar crimes, those injured are almost exclusively
well-to-do persons, to whom the damage is disagreeable, but who, in
general do not suffer much. The thieves, on the other hand, are almost
exclusively persons who have to live on very little. How can we expect
a poor man to take care not to do a small injury to the rich for fear
of causing them a little discomfort, when most rich people are
insensible to the suffering which without intermission, overwhelms the
poor. The present organization of society is responsible for the fact
that a slight sensibility to the misfortune of others offers only a
trifling counterpoise to the tendency to realize one’s desires in a
dishonest manner. [884] The idea that society in itself is injured by
theft cannot constitute any considerable counterpoise, since he who
violates the eighth commandment cannot feel himself at one with a
society which never has helped him when he was in difficulties.
After this general observation let us pass on to particular remarks
that apply to certain classes of persons only. How does it happen that
a great proportion of mankind are honest? To this question the answer
must be, “because they have been accustomed to it from infancy.” The
opposite also is true; a great number of thieves are such because any
moral education was out of the question in the environment in which
they were brought up. They satisfy their “prehensory instinct” without
being conscious of any ill-doing. With these the balance inclines to
the side of dishonesty, unless a counterpoise of some magnitude is
found. Above (pp. 489 ff.) we have seen that most criminals, especially
thieves, come from a totally corrupt environment. [885]
This does not apply to another category of thieves; those who do not
proceed from an absolutely corrupt environment—yet whose surroundings
are not good and wholesome. Ferriani [886] and Aschaffenburg [887] go
so far as to say that almost every child has once stolen something.
This may be a little exaggerated but it certainly has truth at the
bottom of it. If the child has no one to take the trouble to teach him
that he ought not to steal, it is more than likely that he will have to
answer for theft later (occasional theft is committed by children and
minors especially). It is true that all the children whose education
has been defective do not become thieves, nor even the majority of
them; there are those for whom a single prohibition will be enough to
make them respect the property of others for the rest of their lives.
There are others of them, weak characters who, notwithstanding such
prohibition, cannot resist when the temptation is strong. If their
education had been good, the environment in which they were brought up
more favorable, they would not have had to be turned over to justice.
Hear the opinion of one of those most competent to judge of the matter,
Raux, who, having put to himself the question whether the young people
detained in the “Quartier correctionnel” of Lyons have a real tendency
to steal, answers as follows. “Evidently not. Without entering into the
analysis of the circumstances which provoke crime, we shall give, in
support of our assertion, an observation as simple as conclusive. Young
prisoners condemned for theft have shown us upon different occasions a
probity, a most praiseworthy disinterestedness, in the presence of
things that they might have appropriated without exposing themselves to
any reproof.” [888]
We might close our observations upon theft from cupidity at this point
if there were not fear of an objection drawn from what has just been
said, namely the following. If the occasional thief has become such, on
the one side because of the cupidity awakened in him, and on the other
side in consequence of his lack of a good education, and if he differs,
not qualitatively, but only quantitatively from the honest man,
possessing less strength of character than the average—if all this is
true, then the figures for theft should be higher than the statistics
show. All of which would go to prove that it is wrong to deny that
criminals constitute a biological anomaly.
Here is my reply. First. Moral forces do not constitute the only
counterpoise to the tendency toward theft. Since the moral check often
lacks efficacy, another has been created which acts in the same way to
turn the egoist away from crime, namely the fear inspired by the
possibility of punishment. Any one would be credulous indeed to fancy
that those who have an opportunity to steal and do not profit by it are
deterred by moral forces. Without punishment criminality would be much
more extensive than it now is. Where the danger of being found out is
not great, the number of transgressions is enormous (think, for
example, of the cases of smuggling). [889]
Second. Many persons remain honest, not for moral reasons, but because
they lack the courage, cleverness, or other qualities necessary for
being otherwise, qualities which in themselves have nothing to do with
crime.
Third. Still others remain honest for reasons based upon mature
reflection. They find that it is too dangerous to commit an offense,
but do not hesitate in the presence of acts essentially criminal,
although they do not fall under the ban of the law. [890] No one is
ignorant of this, and only certain anthropologists who examine no one
but prisoners, have lost sight of it.
Those who compose the criminal world are by nature very diverse. Some
are the most dangerous individuals that it is possible to imagine,
others are rather weak than wicked. Among these last are ranged the
occasional criminals, who, taken together, form a danger to society,
but taken singly are not dangerous men in the strict sense. Leuss, who
learned to know prisoners, not as judge, or as medical expert, but as a
prisoner himself, says: “The great mass of prisoners are more
good-natured than the average man; the good-nature of thieves
corresponds with their weakness of will, that invincible obstacle to
their maintaining themselves in the world of industry. Stress must
constantly be laid upon the fact that these weak-willed, good-natured
persons are the ones who swell the number of crimes.” [891]
When we place beside the occasional thieves, those who never steal but
commit all sorts of reprehensible (though not illegal) acts, the
comparison is not to the advantage of the latter. Their trickery, their
pitiless egoism, often make them more dangerous to society than the
others; which should be a reason for criminal anthropology not to build
a system based solely upon investigations of prisoners.
Fourth. Finally many more crimes are committed than are mentioned by
criminal statistics. Although I have already spoken of this (p. 84), I
must return to it. In the first place, most criminal statistics give
the figures only for those convicted. Those acquitted have no place,
although, with few exceptions, a crime has nevertheless been committed.
We know that the number of acquittals is very considerable. In Germany,
there were 15 to 20 acquittals to 100 cases tried (1882–1896); [892] in
Italy the number of acquittals ran as high as 51.37% (1890–1895). [893]
In the second place, in many cases the prosecution is postponed for
different reasons, with the result that there is neither an acquittal
nor a condemnation. Then a great many cases never come to trial because
justice cannot discover the authors of the crimes. In Germany, for
example, of all the cases on the dockets in the criminal courts between
1881 and 1891, only 43 to 45% actually came before the judges. [894]
During the period between 1886 and 1890, the examining judges dismissed
on an average 8900 cases, either because the author of the crime was
unknown, or because the proof was insufficient. During the same period
and for the same reasons, 98,741 cases on the average were not
prosecuted by the authorities. [895] The authors of about 25% of the
crimes committed in Italy remained unknown (1887–1894). [896]
These two reasons by themselves show that the number of crimes is much
greater than the statistics would generally lead one to suppose, even
if one takes account of the fact that some of the complaints made to
the prosecutors are false.
In the third place, we have been speaking so far of the cases that come
to the notice of the officers, while in a great number of cases no
complaint is made, especially in the matter of petty theft, either
because the person injured wishes to avoid the annoyance of having to
appear in the police court as witness, or because he wishes to spare
the delinquent.
In the fourth place, a great many small thefts remain unknown even to
the person injured, since he does not notice the loss that he has
suffered.
All this goes to show that crime, taken in the strict sense, and
especially theft, is much more extensive than one would expect at
first, and the objection that might have been made to my thesis is
hence without weight. It is evident that the number of criminals
unpunished cannot be fixed with certainty. Dr. Puibaraud places it at
50%; [897] while Tarde believes that it is greater; [898] Yvernès, the
well-known French statistician, says that 90% of the professional
thieves remain unknown, and Dr. Thomsen, from whom I take this last
fact, says that this applies to other categories of criminals also.
[899] However this may be the number in any case is very considerable.
To sum up. I believe I have shown that the fundamental causes of theft
and similar crimes committed from cupidity are, on the one hand, the
cupidity aroused by the environment and, on the other, neglected
childhood among the poor. It is especially those weak in character who
run the greatest risk of becoming guilty of these crimes.
c. CRIMES COMMITTED BY PROFESSIONAL CRIMINALS.
In considering all the kinds of theft and analogous crimes, we note
that the thefts committed by professional criminals represent only a
minority. But as soon as we limit our consideration to the more serious
forms of theft, such as burglary and similar crimes, we shall discover
that they are committed almost exclusively by individuals whose
principal or subsidiary occupation is theft, and who, in general, do
not consider it shameful, and do not feel the slightest repentance.
The question arises, how it is possible for anyone to embrace so abject
a profession, and thus become so harmful a parasite. [900] There are
authors who would have us believe that there are persons who have
chosen crime from pleasure in it. As Leuss observes in his work, “Aus
dem Zuchthause”, this opinion is so absurd that it would be a waste of
time to consider it. No one of sound mind could possibly prefer so
abominable a profession, and one so full of risks from the point of
view of simple calculation. There must be other reasons for the
existence of such persons. [901] If we wish to examine these causes we
must divide professional criminals into separate groups.
The first category is composed of children. Sad as this is it is none
the less true. It is plain that not a single child follows the
profession of thief from pleasure, for a child prefers not to work at
all. These children, then, are taught to steal by their parents. If
they are not very numerous, in the great cities there are always some
cases of this kind. Dr. Puibaraud, former police official in Paris,
describes one of these as follows. “We recall that one day, on visiting
the Petite-Roquette, we found in a cell a child scarcely eight years
old, with a wide-awake face, a quick eye, but whose physiognomy was
already very peculiar. It was a young pickpocket who had been found
drunk upon the street, and who, being arrested by an agent and taken to
the station, had confessed that the gold he had in his possession was
the proceeds of a theft committed by him without the knowledge of his
‘papa.’ This capture ended by the whole family’s being arrested at
their lodgings, near the Place Maubert.
“This gamin was very intelligent and gave the following account of
himself, which was corroborated by what was brought out in the
examination. ‘My father showed me how to pick pockets, but so far I
have only “done” ladies because that is easier. With gentlemen you may
touch their leg when you stick your hand in their pocket and they turn
round, and that’s no joke! With ladies you do not get so close and they
do not feel your hand. It isn’t hard at all. Papa taught me well. We
went every day together to the Palais Royal and Place de la Bastille
omnibus stations. The Palais Royal is no good. The best is the
Madeleine, but Mother G. works that and she quarrels with papa. We
don’t go there any more. Last week papa told me to wait for him at the
Palais Royal omnibus stand. He didn’t come, and, “ma foi!” I went to
work by myself. I got a purse from an old lady. There were sixty francs
in it. I drank a bit and then I was arrested.’” [902]
As we see this child found theft the most natural thing in the world
(and any other child in the same environment would think the same); he
“worked” with his father. If exceptionally favorable circumstances do
not happen to present themselves to such children they will belong to
the army of professional criminals all their lives.
Now, as for the others, those who have not been brought up for a life
of crime, yet practice it as their profession—how can we explain their
manner of life? The answer to this question can be found only in the
works of those who have familiarized themselves with the life of
criminals, and who have lived in their midst in order to know them
(like Flynt, for example), or who are in a position, because of their
profession, to study them in detail, and become their confidants (like
the well-known almoners of the Grande-Roquette: Crozes, Moreau, and
Faure). [903]
Except for a few subsidiary circumstances the life of the professional
criminal may be summed up as follows. With very rare exceptions he
springs from a corrupt environment, perhaps having lost his parents
while still very young, or having even been abandoned by them. Being
misled by bad company, he commits an “occasional” theft while still a
child, for which he must pay the penalty of an imprisonment; he may, at
times owe his entrance into prison to a non-economic misdeed. This,
however, is a very rare exception. [904] As we have remarked above,
prison never improves him, and generally makes him worse. If he is in
contact with the other prisoners, among whom there are naturally a
number of out and out criminals, he hears the recital of their
adventurous life, learns their tricks and all that he still needs to
know to be thoroughly informed as to “the profession.” Nor will the
separate cell be any more profitable to him, brutalized as he already
is by his earlier environment. Then after a certain time he is set at
liberty and returned to society. The partisans of free will say that he
has expiated his fault and can now commence a new life.
That is easy to say, and certainly justice will not concern itself with
him any further until he commits a new offense. But this is not the
same as saying that society pardons him and aids him, in order that he
may remain in the right path. On the contrary, forgetting that we must
forgive those who have trespassed against us, society makes life hard
for him. It is almost impossible for him to find work; the fact that he
has been in prison is enough to insure his being refused everywhere.
Why should anyone hire an old prisoner when there are so many others
who have never got into the courts? And then most prisoners have never
learned a trade, and this is one reason more why they cannot easily
find employment. The liberated convict becomes a nomad, begins by
losing all contact with the normal world (supposing he ever had any)
and feels himself a social pariah. On the other hand he has relations
more and more frequent with the “under world”, with those who recognize
no duty toward a society which is not interested in their fate. His
moral sense comes to be more and more blunted until he becomes a
criminal by profession, having a feeling neither of shame nor of
repentance.
The ignorant public, who know nothing about the professional criminal
except when he appears before the tribunal, is astonished to find that
there are persons so abject. This astonishment is like that of some one
who has never seen a house built, and cannot imagine how such a
colossus can be put up. But he who has seen how the house has been
erected by adding one small brick to another no longer feels any
astonishment. It is the same with the professional criminal; he who has
followed the story of the criminal’s life recognizes with Dr. Havelock
Ellis, that his crime is but the last link of a solidly forged chain.
Generally the professional criminal does not give the least sign of
repentance. He does as much injury to society as he can, without having
any shame about it. Yet he is not entirely deprived of moral sense,
only it extends merely to those who are really his fellows. All the
tales of the world of professional criminals which depict them as void
of all sense of duty toward their fellows, proceed rather from the
imagination of the authors than from facts really observed. The only
competent authors are those who have been able to study the criminal in
his own environment, and not in prison, where his true character makes
itself known as little as that of an animal in a cage. Hear the opinion
of Flynt, for example. “It is often said that his (the professional
criminal’s) lack of remorse for his crimes proves him to be morally
incompetent; but this opinion is formed on insufficient knowledge of
his life. He has two systems of morality: one for his business and the
other for the hang-out.” [905] There follows the description of the
relations existing between him and society of which we have already
spoken, after which the author continues as follows.
“In the bosom of his hang-out, however—and this is where we ought to
study his ethics,—he is a very different man. His code of morals there
will compare favorably with that of any class of society; and there is
no class in which fair dealing is more seriously preached, and unfair
dealing more severely condemned. The average criminal will stand by a
fellow-craftsman through thick and thin; and the only human being he
will not tolerate is the one who turns traitor. The remorse of this
traitor when brought to bay by his former brethren I have never seen
exceeded anywhere.” [906]
After expatiating upon this subject, Flynt continues: “It is thought by
criminologists that the good fellowship of the criminal is due to
self-preservation and the fear that each man will hang separately if
all do not hang together. They maintain that his good feeling is not
genuine and spontaneous emotion, and that it is immaterial what happens
to a ‘pal’ so long as he himself succeeds. This is not my experience in
his company. He has never had the slightest intimation that I would
return favors that he did me; and in the majority of instances he has
had every reason to know that it was not in my power to show him the
friendliness he wanted. Yet he has treated me with an altruism that
even a Tolstoi might admire. At the hang-out I have been hospitably
entertained on all occasions; and I have never met a criminal there who
would not have given me money or seen me through a squabble, had I
needed his assistance and he was able to give it. This same comradeship
is noticeable in all his relations with men who are in the least
connected with his life and business; and it is notorious fact that he
will ‘divvy’ his last meal with a pal. To have to refuse the request of
one of his fellows, or to do him an unkindness, is as much regretted by
the criminal as by anyone else; and I have never known him to tell me a
lie or to cheat me or to make fun of me behind my back.” [907]
This is altogether different from what is generally said and written by
those who allow themselves to be led away by their imagination. It is
plain that the manner in which criminals act toward a society that is
hostile to them will not fail to influence the relations they have with
their fellows, just as war for those who take part in it cannot leave
their moral sense as regards their compatriots unharmed. However,
nothing permits us to put the actions of these persons among themselves
in the same rank as those towards society. In my opinion this fact has
great significance for the moralist and the criminologist; it is one of
the forms of the dualism of ethics. It is of very high importance for
the criminologist, for its shows that we are upon the wrong track,
since it is precisely the more serious forms of crime that the present
methods of repression favor.
In imprisoning young people who have committed merely misdemeanors of
minor importance, and who have not yet lost all touch with normal
society, and putting them in contact with inveterate criminals, or
perhaps putting them into a cage like beasts, without striving to
enlighten their darkened minds or teach them morality, and without
making them capable of sustaining the struggle for existence by
teaching them a trade, we are bringing up professional criminals.
Punishment, as a means of intimidation, misses its aim in great part,
for the professional criminals are recruited among individuals who are
not easily intimidated.
We have now come to the question why a certain number only of those
whose childhood has been neglected and who have committed a light
offense, become professional criminals. In the first place there are
those whom chance favors, since they are assisted, it may be by their
families, it may be by some philanthropist, and so return to the right
path. There are those also who have the advantage of being able to find
work, since no one knows that they have been in prison.
Others have less chance; no one aids them, there is no work for them;
all, however, do not become professional thieves. Those who become such
are the more intelligent, energetic, ambitious, and courageous of these
outcasts; the others become vagrants and mendicants. Here is the
opinion of Flynt upon the criminal by profession, an opinion which
agrees with that of other competent authors. “I must say ... that those
criminals who are known to me are not, as is also popularly supposed,
the scum of their environment. On the contrary, they are above their
environment, and are often gifted with talents which would enable them
to do well in any class, could they only be brought to realize its
responsibilities and to take advantage of its opportunities. The notion
that the criminal is the lowest type of his class arises from a false
conception of that class and of the people who compose it....
“In this same class, however, there are some who are born with
ambitions, and who have energy enough to try to fulfil them. These
break away from class conditions; but unfortunately, the ladder of
respectable business has no foothold in their environment....
“Not all of these ambitious ones are endowed with an equal amount of
energy. Some are capable only of tramp life, which, despite its many
trials and vicissitudes, is more attractive than the life they seek to
escape. Those with greater energy go into crime proper; and they may be
called, mentally as well as physically, the aristocracy of their class.
This is my analysis of the majority of the criminal men and women I
have encountered in the open, and I believe it will hold good
throughout their entire class.” [908]
There are readers, perhaps, who will find that these qualities of the
professional criminal give the lie to the environment hypothesis, since
individual factors are recognized in a certain way. For myself I do not
find it so. The qualities mentioned have nothing to do with crime as
such; they can be utilized to the profit as well as to the detriment of
society; it will depend upon the environment in which the individual
endowed with them has been raised what direction he will take. It would
not be difficult to name a number of historic celebrities (Napoleon,
for example) who, if they had been born in the lower stratum of a great
city, in place of in a favorable environment, would have had only the
sad celebrity of criminals exceptionally endowed.
The psychology of this kind of criminals is not yet complete however.
Besides intelligence, energy, and courage we find cupidity as their
great characteristic. [909] They see others who can enjoy themselves
without working hard, and it is their ambition to do the same, cost
what it may. Since fate has made it impossible for them to attain it
honestly they risk another method. This type of criminal is well
delineated in the remark made by the notorious Lemaire, when he said to
the president of the court: “If I were a property owner, I should not
be here.” [910]
To have invested funds, to spend plenty of money, not to have to work
much, this is their ideal; to share the lot of the working-man, who,
notwithstanding his long and hard labor, never succeeds in procuring
for himself the pleasures of the rich, makes life insipid in their
eyes. M. Gisquet, former prefect of police, gives in his memoirs the
following declaration made by Leblanc, the notorious professional
criminal. “If I were not a thief by vocation I should become one by
calculation; it is the best profession. I have computed the good and
bad chances of all the others, and I am convinced by the comparisons
that there is none more favorable or more independent than that of
thief, nor one that does not offer at least an equal amount of danger.
“What should I have become in the society of honest men? A natural
child, with no one to protect me or to recommend me, I could only
choose a disagreeable trade, become a delivery-boy in a store, or at
most reach the miserable place of shipping clerk in a warehouse; and
there, a supernumerary for many years, I should have died of hunger
before I reached a salary of six hundred francs. As a workman in any
class whatever you exhaust yourself quickly through the fatigues of
your labor, to earn a miserable wage, and to live from day to day; then
when accident, sickness, or old age come you must go beg or die in the
poorhouse....
“In our condition we depend only on ourselves; and if we acquire skill
and experience at least they profit ourselves alone. I know very well
that we have risks to run, that the police and the courts are at hand,
that the prison is not very far distant; but out of eight thousand
thieves in Paris, you never have more than seven or eight hundred in
jail; that is not a tenth of the whole. We enjoy, then, on the average,
nine years of liberty to one in prison. Well, where is the worker who
has not a dead season? Besides, what does he do when he is without
work? He carries his possessions to the Mont-de-Piété; while we others,
if we are free, lack for nothing; our existence is a continual round of
feasting and pleasure.” [911]
This is the type of the perfect egoist. In ranking men according to
their social sentiments, such an individual would be put at the very
lowest point in the scale. And then he has grown up under unfavorable
circumstances (illegitimate birth, etc.). The innate egoism of this
individual may perhaps be modified by the individual factor. But this
in no way diminishes the truth of the environment hypothesis, for we
are treating for the moment the question why this particular individual
has become a criminal, and not that of the cause of the existence of
professional criminals. And these two questions are far from being
identical. The existence of individual differences is the reason why
one runs more danger of becoming a professional criminal than another;
but it is the environment which brings it about that the predisposed
individual actually becomes such. The falsity of the environment
hypothesis would be demonstrated if such individuals could be proved to
become criminals under all circumstances. This is of course not the
case. When individuals like these are not brought up in an atmosphere
of poverty, they no longer see on the one side persons who enjoy
everything while doing nothing, and on the other side those who, while
toiling hard, live in poverty,—they will not become examples of
altruism indeed, but they will not become guilty of crime. They may
even become very useful members of society, since they are generally
more largely endowed with intelligence, energy, and courage than the
average man. Rightly exercised, these qualities are very useful; but
badly directed they are very harmful to society. [912]
So far we have been treating of the etiology of theft and analogous
crimes; we shall conclude this section with some observations upon the
causes that have led to the designating of these acts as crime.
Theft is a crime only because it is very harmful to society. [913] If
in the majority of cases the individual does not take account of this,
the assertion is nevertheless true. Everything that is harmful to
society the individual considers as immoral. (Why this is so is a
psychological question, with which we are not concerned here.) If we
picture to ourselves present-day society, based as it is upon exchange,
without the strict prohibition of theft, we shall see that it could not
possibly exist. Life would be especially impossible in a society where
the division of labor has attained a high degree of development, if it
were permissible to take anything without giving an equivalent.
Since the human race has existed there has been private property,
however trifling and unimportant it may have been. It is therefore very
unlikely that theft has ever been permitted [914] (it is impossible to
produce proofs in support of this), since it is difficult to imagine
that anyone would consent to see himself stripped of things destined
for his own use, to which, further he was more or less attached. [915]
But there is a great difference between a prohibited act and a crime.
It is proved that among primitive peoples theft is not reckoned among
the crimes. Hear the opinion of one of the greatest specialists in this
field, Dr. Post. “We find here and there a phenomenon very surprising
from our modern point of view, namely that theft is not universally
regarded as a misdemeanor, but the thief rather respected for his
cleverness. The maximum obligation that a theft lays upon the thief is
simple restitution of the stolen property. The consequence of theft is
thus simply the duty of restitution under the civil law.... Theft lies
entirely outside of the province of criminal law.” [916]
It is not difficult to explain the cause of this. Let the reader
picture to himself the primitive forms of society, so different from
those we have at present; contrasts of possessions were unknown, and
the needs of men consequently less numerous; men produced only for
their own consumption and not for exchange. If by chance more was
produced than was needed, the surplus was given to others, for it was
impossible to exchange it, or to preserve it for any great length of
time, the necessary technique for this not having yet been acquired.
“The law of hospitality” was universal and enjoined men to provide
those in need with whatever they lacked. [917] It is quite
comprehensible that at such a stage of development theft should not be
in evidence, for the motives which drive men to it would be lacking. On
the one hand cupidity was not awakened, and theft did not result from
absolute poverty, since if there was poverty the whole group suffered
together. [918] On the other hand the social instincts, being highly
developed by the environment, constituted a restraint that would
prevent the execution of a theft if the thought of it should occur. But
even supposing that in such a society a theft, for no matter what
cause, should nevertheless be committed, it would be little thought of,
and certainly the thief would not be severely punished, for his act
would not be very harmful to society.
As the social structure changed the ideas about theft changed equally;
with the origin of the system of exchange and of the contrasts of
property, came powerful motives for theft, and at the same time the
social instincts grew weaker. Thus theft came to be considered a more
serious matter than before, and the graded system of punishments for
it, beginning with a fine, ended in capital punishment. [919] It is not
our task to investigate the reason why the punishment for theft has not
always been the same during the whole civilized period; it is enough
for us to establish the fact that the act has always been considered as
a grave offense, the perpetrator of which incurred severe penalties.
C. Robbery and Analogous Crimes.
As the figures reproduced above (pp. 535–542) have shown, the crimes
with which we have now to concern ourselves are relatively rare. It is
unnecessary to say that this has not always been so, but that there
have been great changes in this regard. At one time robbery and similar
acts of violence were the ordinary forms of professional crime. Happily
for peaceable folk this is no longer the case; these crimes have been
in large measure replaced by others less serious, like theft and fraud.
[920] All modern states have not reached the same stage of development,
nor all parts of the same state. There are those of them that, more
than others, recall the past to us. So is it in regard to their
criminality. While robbery may be said to have disappeared from the
states of northern Europe, it is still very common in a country like
Italy, and is met much less frequently in the modernized provinces of
northern Italy than in the backward southern provinces, as the
following figures show. [921]
Italy, 1887–1889.
===================+==========================================
| Average to 100,000 Inhabitants.
Provinces. +-------------------+----------------------
|Robbery, etc., with|Robbery, etc., without
| Homicide. | Homicide.
-------------------+-------------------+----------------------
Apulia | 5.01 | 0.27
Basilicata | 2.42 | 4.18
Sardinia | 2.06 | 12.11
Sicily | 1.22 | 14.56
Liguria | 1.07 | 8.65
Calabria | 0.97 | 6.36
Latium | 0.89 | 17.15
Campania and Molise| 0.71 | 8.08
Piedmont | 0.63 | 4.67
Romagna | 0.63 | 6.47
Abruzzo | 0.58 | 2.07
Marches and Ombria | 0.55 | 2.46
Venetia | 0.33 | 2.58
Emilia | 0.28 | 5.80
Lombardy | 0.21 | 3.14
Tuscany | -- | 5.68
===================+===================+======================
According to the figures given by Dr. Bosco, in the United States,
also, the most backward states give the highest figures for homicide.
[922]
The poorer classes have more resemblance to the people of a bygone day
than have the well-to-do; it appears from the statistics (see pp. 438
ff.) that economic criminality takes a more violent form among the
former than among the latter. [923]
An investigation into the causes of this change in the form of economic
criminality will indicate also the principal causes of the persistent
existence of this kind of crime, however it may have decreased in
modern times. In my opinion these causes are as follows:
First. The opportunity for committing them presented itself more often
formerly, since the means of communication were very primitive,
travelers had to traverse uninhabited countries, etc., and in addition
the states were not so well organized as at present, and had not the
means of suppressing bands of brigands vigorously.
Second. While the opportunity to commit violent economic crimes
successfully was diminishing, there was a constantly increasing
opportunity to commit other economic crimes, such as theft,
embezzlement, and fraud. The accumulation of great wealth in the
cities, the development of credit, in short, the enormous extension of
capitalism, has multiplied the opportunity for economic crimes without
violence.
Third. One of the consequences of the development of society has been
the gradual diminution of the importance of the rôle played by
violence, and, since criminality presents itself always and everywhere
under the same forms as the normal life, violent economic criminality
has also commenced to form a smaller and smaller part in the totality
of economic crimes. The assertion that violence has lost the importance
of its rôle upon the human stage might surprise one, and appear
ironical in times like ours when war is the chronic condition, when the
military preparations of all the states have reached a degree hitherto
unknown. Violence, however, has decreased in so far as it is exercised
by the individual as such. The greater becomes the centralization of
the state, the more it claims for itself the exclusive right to use
violence in the cases where it judges it necessary, and the more it
prohibits individual acts of violence.
It is not the development of the state that is alone to be considered
in this regard; the economic system enters in also. Under capitalism
violence is of no use; he who is master of the means of production
attains his end, i.e. makes a profit, without the use of violence.
Where it is necessary, however, modern man does not recoil from it, as
the wars of expansion prove.
Fourth. Civilization (in the proper sense of the word) has become more
general. Formerly the privilege of a few only, it now extends to a
greater number. The great mass are still deprived of it, but primary
instruction contributes to its development.
When we consider the gradual diminution in the number of economic
crimes committed with violence, it clearly appears how false is the
notion that anyone committing such a crime is for that reason a
biologically abnormal being. Will anyone claim that the number of
biologically abnormal persons has constantly diminished? The contrary
is much more likely.
We need not concern ourselves with the details of this question, since
it has already been thoroughly treated by Professor Manouvrier (see Pt.
I of this work, pp. 168–171). He who uses violence to attain an
economic end may perhaps, physiologically considered, be a perfectly
normal man. How many children are there who do not use force to take a
toy from a weaker child? Must we class them as abnormal on that
account? And are those who voluntarily take part in a war abnormal?
Certainly there is a great difference between those who take part in a
war, and those who, for economic reasons, commit a crime, but this
difference is of a social nature. Our ideas of war and homicide are not
the same, but the act of killing one’s neighbor remains identical. If
homicide were the evident proof of biological abnormality the soldier
also would be abnormal.
Scientific questions can be solved by reason alone, and not by
sentiment. We who experience a profound repulsion at the thought of a
murderer, hold him for a being apart, since we feel ourselves so remote
from him. Scientific research tells us that this feeling is not innate
but acquired, for we detest such acts because the environment in which
we live has accustomed us to hate them. If our environment were
different, our feelings would likewise be different. Besides, war
proves that these feelings are not innate, by hardening the mildest
persons in a very brief time.
With time the number of persons who have a horror of violence has
increased. Does this prove that men have become better, or simply that
they feel a repugnance to the act only and not to its effect? J. J.
Rousseau once said: “If, in order to fall heir to the property of a
rich mandarin living at the farthest confines of China, whom one had
never seen or heard spoken of, it were enough to push a button to make
him die, which of us would not push that button?”
It is certain that beside a great number of persons who would not wish
to charge their consciences with such a crime, there would also be
plenty who would commit it, and their number would be great enough to
make the order of mandarins pass into legendary history. There is no
reason to suppose that there are fewer persons in our day who would
commit such acts, than formerly; if men are no longer as violent as
they once were, they do not recoil any more than formerly when it is a
question of suppressing, through the agency of a third party, those who
oppose them; as witness the wars of expansion.
As the motives of these crimes are the same as those of economic crimes
without violence, we shall treat first those that are caused by
poverty; secondly, those that are committed from cupidity; and thirdly,
those that are the work of professional criminals.
Statistics show that a part of the economic crimes of violence are
committed from poverty, for their movement is influenced by the
fluctuations of economic conditions. We take from the German criminal
statistics the following table of the course of these crimes in the
different months of the year.
Germany, 1888–1892. [924]
Number of Crimes a Day in the Different Months, on the Basis of an
Average of 100 Crimes a Day throughout the Year.
=============+========+=========+======+======+====+=====+=====+=======+==========+========+=========+=========
Crimes. |January.|February.|March.|April.|May.|June.|July.|August.|September.|October.|November.|December.
-------------+--------+---------+------+------+----+-----+-----+-------+----------+--------+---------+---------
Robbery, etc.| 100 | 87 | 78 | 84 | 94 | 98 | 99 | 106 | 84 | 120 | 132 | 116
=============+========+=========+======+======+====+=====+=====+=======+==========+========+=========+=========
The highest figures are shown in the winter months when poverty is at
its height. (The slight increase from April to August, which appears
also in the case of a number of other economic crimes, I am unable to
explain.)
As we have seen in the statistics in Part One, the economic situation
also exercises its influence upon the movement of these crimes during a
period of years. We refer to them here while adding some others.
Germany, 1882–1898. [925]
======+=========================+==============================
| |To 100,000 Inhabitants over 12
Years.| Price of Wheat and Rye | there were Convicted for
|per 100 Kilogr. in Marks.+--------------+---------------
| | Robbery. | Extortion.
------+-------------------------+--------------+---------------
1882 | 185.19 | 1.3 | 1.7
1883 | 165.37 | 1.3 | 1.5
1884 | 159.73 | 1.4 | 1.5
1885 | 154.01 | 1.1 | 1.4
1886 | 147.26 | 1.3 | 1.3
1887 | 145.99 | 1.2 | 1.4
1888 | 155.43 | 1.2 | 1.3
1889 | 169.64 | 1.2 | 1.4
1890 | 181.32 | 1.3 | 1.4
1891 | 216.31 | 1.3 | 1.4
1892 | 184.00 | 1.4 | 1.8
1893 | 146.94 | 1.1 | 1.6
1894 | 127.10 | 1.3 | 1.7
1895 | 132.17 | 1.1 | 1.9
1896 | 139.29 | 1.2 | 1.7
1897 | 152.08 | 1.0 | 1.7
1898 | 170.55 | 1.3 | 1.6
======+=========================+==============+===============