Although there are exceptions, the influence of the price of grain

makes itself felt. It should be remarked that the years 1889–1892 were

years of crisis.

France, 1825–1882.

In his study “De la criminalité en France et en Italie” Dr. Bournet

shows that in the period mentioned the maxima of assassinations

coincide with the years of economic crises, namely: 1839, 1840, 1843,

1844, 1847, 1867, 1876, and 1881. [926] It should be remarked that

assassinations are committed not simply from economic motives, but for

other reasons, whence it follows that the parallelism cannot be as

great as in the case of economic crimes that are not committed from

other motives.

Italy, 1873–1890.

Dr. Fornasari proves that economic events have a great influence upon

these crimes (see Part One, p. 143).

Prussia, 1854–1896.

Dr. Starke (see Part One, p. 64) and Dr. Müller (see pp. 76–78) have

proved that the changes of economic conditions are here also cause of

an increase or diminution of these crimes.

Although these data are less numerous than we might desire, they show

sufficiently that, in part, violent economic crimes are committed

because of poverty. [927]

Above I have shown how it happens that only some of those who live in

absolute poverty commit crime. We have only, then, to ask ourselves why

one commits a crime with violence and the other without violence. The

causes are of different kinds. Oftenest it is chance, i.e. opportunity,

that is the cause. No one uses violence if it is not necessary, and

since the opportunity of committing a successful theft is much greater

than that of committing an economic crime with violence, it is the

first that is most often practiced. Those who, when driven by abject

poverty, commit an economic crime with violence, when the opportunity

presents itself, are persons who lack neither the force nor the courage

necessary, and in whom the environment in which they live has not

inspired a great aversion to violence. Further, absolute poverty is so

powerful a factor that it often neutralizes the important influences of

education and environment.

From cupidity. The class of criminals who use violence or commit a

homicide from cupidity is very small. They furnish only a minor part of

violent economic crimes, the total number of which is not itself very

great. To show how far the influence of economic environment goes I

will cite some striking cases taken at random.

First. In 1892 a certain Scheffer was convicted at Linz (Austria) of

attempted murder. His crime was the following. He and his wife could

earn their living only by working hard. Chance brought a change. One of

their relatives, a young girl who had lost her father and mother a

short time before, came to live with them. The girl being very rich,

the condition of the Scheffers was entirely changed; from then on they

could live in abundance. Once habituated to this wealth they were

filled with the fear that their relative would marry and the money pass

to someone else. Little by little the idea came to them of persuading

the girl to make a will in their favor, and then killing her, an idea

which they rejected at first, but which nevertheless became stronger

and stronger. From unforeseen circumstances the crime was never

consummated, but stopped in the attempt. [928]

Second. In a little village upon the frontier of Austria and Bavaria

there was committed in 1893 a murder under the following circumstances.

One evening, while returning by himself along a lonely road, a rich

peasant who was in the habit of carrying a considerable sum of money

with him, was killed and robbed. It was proved that his servant was the

author of the crime. This man was a natural child, very poor, and had

had to work very hard all his life. Seeing his strength going he was in

great fear of being no longer able to earn a living. His sole enjoyment

in his monotonous and toilsome life was getting drunk on Sundays. Like

most of the inhabitants of his commune he was an ardent poacher. [929]

Third. In 1892 the wife of an employe of the post office was

assassinated in her dwelling in Berlin, and all her money stolen. The

criminals were two young workmen of 17 and 18 years of age, one of whom

knew by chance that the woman had savings. [930]

These three cases, types of hundreds of others, have in common the

opportunity which had excited, in an unusual degree, the cupidity of

the criminals, and the fact that these were very poor. Whatever other

causes may have entered in, it is certain that without the great

difference of fortune between the authors of the crimes and their

victims, the crimes would never have been committed.

Finally, we come to the influence of the environment upon the authors

of the crimes. As we have seen, the conditions under which criminals

are brought up are in general very unfavorable, and this is especially

the case with dangerous criminals. Consider, for example, the second

case (we know nothing of the environment of the criminals in the

first). What a life this murderer had behind him. The influences which

give most men their aversion to violence were entirely lacking. On the

contrary his environment had brutalized him. A natural child, he had

been brought up in very poor circumstances, and was stupefied by long

and toilsome work, with a weekly intoxication as his sole relaxation.

No one would assert that this same individual would have become an

assassin if he had lived under totally different conditions.

Or look at the third case. One of the guilty parties had been brought

up under unfavorable conditions (of the education of the other we know

nothing), both were forced, quite young, to earn their living and had

been thrown with bad companions, and one of them had already been

sentenced to imprisonment.

It is a mistake to believe that such a case is the exception instead of

being the general rule. He who takes the trouble to read the

biographies of these criminals knows that they have always been brought

up in an unfavorable environment, that they have suffered imprisonment

at an early age, and have fallen lower and lower. As far as I know

there are no statistics upon this subject except those of Dr. Baer in

his study already referred to. Out of 22 young assassins examined by

him 9 (40%) had had a bad education, 11 (50%) a defective education,

and only 2 (10%) a better education; 8 (36%) were orphans; 11 (50%) had

been brought up in very poor circumstances and were obliged while quite

young to contribute to the support of the family; 10 (45%) had grown up

in the streets of a great city and had thus been exposed to

demoralizing influences; and 13 (60%) had received an insufficient

primary education. [931]

The researches of Dr. Baer have to do with Germany, but they hold good

for other countries also. Take, for example, the opinion of Tomel and

Rollet, who are authors of great experience. In speaking of the

“criminal type” they say: “Well, no, this type does not exist, since we

always find the same conditions in the genesis of the criminal

temperament, and if these educational and environmental conditions had

been absent, the destiny of the little assassin might have been quite

different.” [932]

We have still to fix our attention upon one side of the environment in

which the authors of the crimes with which we are concerned at the

moment, have lived. They come generally from an environment where,

First, education often consists simply in the administration of a sound

beating to the child, a fact which habituates him to the idea that

violence is an ordinary act, especially as he sees the members of the

family often strike one another;

Second, the men ordinarily carry a knife, and do not hesitate to

threaten with it, or even to use it in case of a dispute. It is evident

that the influence of this upon character is great at the

impressionable age of childhood. The tendency toward violence, combated

among children of the well-to-do classes, is, on the contrary, often

strengthened among the children of the poor. If later chance places in

their way an opportunity to profit by violence they recoil from it less

than others. [933]

The authors of violent economic crimes spring nearly always from the

lower classes of the population; the exceptions are few in number. We

will take up one of these exceptions which has attained considerable

notoriety, an evident proof of the rarity of these cases.

In 1878 an old woman was murdered in Paris and all her papers of value

were stolen. It was proved that Barré, a business agent, and Lebiez, a

medical student, both of whom had passed their youth in a favorable

environment, were the guilty persons. This is one of those very rare

cases where objection can be made to the environment hypothesis with a

semblance of truth, but a closer examination shows that environment

nevertheless played its part in this frightful tragedy. The two

criminals, sprung from fairly well-to-do provincial families, having

gone to Paris, had been living in straitened circumstances. At the time

of their deciding to commit the crime their pecuniary condition was

very bad. In the second place, both had constant recourse to

prostitutes; and in the third place both were ardent speculators.

Because of his business Barré was in contact with those who gambled at

the bourse, and seeing men enrich themselves without work he entered

feverishly into speculation. He lost, drew his father into a new deal,

and was still unfortunate. In order to go on and retrieve his losses he

used money entrusted to him (his first crime), but still lost. Going

from one malversation to another he finally, in order to extricate

himself, had recourse to the crime narrated above. His accomplice was

found in nearly the same situation. [934]

The effect of environment is to be discerned, then, as easily in this

case as in those that have been referred to before. Limiting ourselves

to the principal influence alone, we see that if these individuals had

not been in contact with the world of speculation, their cupidity would

not have been excited to such a point that they were induced to commit

crime. Here the rôle played by chance in such cases clearly appears; if

they had been fortunate in their speculations they would never have

become criminals.

As with all crimes, the question presents itself as to how far

individual factors were active, in other words, do the individuals who

are guilty of such crimes differ from other men? Certainly, and that to

a considerable extent. But in granting this we do not, however,

recognize a qualitative difference between them and other men such as

would make them biologically abnormal. The motives which have induced

these persons to commit crime, are present, though only in small

measure, in everyone. Those who commit these crimes have by nature very

intense material needs; in the curve A D (see p. 534) they occupy the

places near D. As regards their social sentiments they are ranged near

the other end of the curve, and their repugnance to violence is very

small. Further, they have the necessary courage and strength. [935] If

we consider how little chance there is of finding all this united in

one individual, it will become clear that few individuals are

predisposed to these crimes, and when they are committed the criminal

is found in a special environment. In my opinion there can be no

question of individual factors, then; it is the environment that

decides here. There will be persons always and everywhere who run more

danger than others of committing such a crime; but it is the

environment which will decide whether they will commit it or not.

Professional criminals. The great majority of violent economic crimes

are committed by professional criminals. When an individual has fallen,

from whatever reason, into the world of professional crime, sooner or

later comes the time when he must use violence if he wishes to attain

his end. Joly has very well said in his social study, “Le crime”: “The

man who has formed the habit of breaking into houses and bursting open

safes, is forcibly drawn sooner or later to rid himself of witnesses

who surprise him at this work, or of a victim who might perhaps

recognize him.” [936] It cannot be asserted of these individuals any

more than of others, that they are born with a special tendency toward

assassination, a tendency to be explained by atavism, or something

approaching it. They have been living in an environment in which such

acts are considered as a necessary evil inherent in their trade. Driven

by the tendency to imitate, they do as others do. Certainly there are

those of them who do not commit these crimes, but that proves nothing,

for it may be that chance has favored them and they have never been

under the necessity of using violence, or they have less courage and

force than the average man, or, it may be, have an exceptional innate

aversion to violence.

As Professor Manouvrier remarks, the case would be entirely different

if such criminals killed without plausible motives, if they committed

murder without anything but the act in view. The facts show that this

is not so. Note the opinion of Flynt. “The taking of life is ... [a]

deed that he [the professional criminal] regrets more than he has been

given credit for. One thinks of the criminal as the man who has no

respect for life, as one who takes it without any twitchings of

conscience; but this is not the general rule. The business criminal

never takes a life, if he can help it.” [937]

We need not treat here of the causes which have led to the designating

of these acts as crimes; they are the same as those given above in

connection with economic crimes without violence. The harm done by

these crimes is naturally greater than in the case of crimes without

violence, since they put life as well as property in danger. It is

interesting to note here, once more, the dualism of ethics; many

primitive peoples consider these acts as crimes when they are committed

within the same group, but very honorable when once the act passes

beyond the limits of the group. [938] Further, with modern peoples this

difference still persists; colonial wars often resemble a colossal

robbery.

D. Fraudulent Bankruptcy, Adulteration of Food, and Analogous Crimes.

We reach now the last group of economic crimes, those which are

committed wholly, or in great part, by the bourgeoisie. The motives of

these crimes are not all the same; here too it is necessary to make

distinctions. The categories into which we must distribute the motives

leading to these crimes are analogous to those which lead to theft

etc., poverty and cupidity. And as in the case of theft it is necessary

to add a third category, that of the great criminals, who can be

compared with criminals by profession.

The first category may be compared with that of theft committed from

poverty; those who fall into this class are persons who, for one reason

or another, have seen their business decline, and not knowing any other

way to escape from their difficulties, hope to retrieve their losses

and save themselves by committing a misdeed. I take from Moreau’s “Le

Monde des Prisons” a typical case. After having described how a certain

R. had succeeded in setting himself up in business and had been

successful, the author speaks as follows. “Unhappily the panic caught

him among the first. His business became worse and worse. In a few

months he lost several thousand francs. Two of his traveling salesmen

ran off with their goods. Orders ceased coming in. It was failure,

dishonor. He fought, but was wrecked....” [939] Finally, in order to

escape ruin he committed a breach of trust; he was discovered and

convicted.

We cannot say that it is absolute poverty that drives these persons to

commit a crime, for generally they have enough left to keep them from

dying of hunger. And if not, they are generally members of families who

are in a position to keep them from the worst poverty. Further they can

try to provide for their wants by paid labor. Nevertheless these cases

are somewhat analogous to those of absolute poverty. Picture to

yourself the state of mind of one who has led a more or less

comfortable life, who has been independent, and enjoyed the esteem

granted to a man who is well-to-do, and who sees that the time is

approaching when all this will come to an end, and that there remains

nothing for him to do but accept some minor poorly paid employment, and

lead henceforth an existence that cannot satisfy him in any way.

Imagine also that chance throws in his way an opportunity to commit a

crime with good hope of success. It must be granted that we find here

very powerful determinants to crime.

This cause of crimes of this class is of an entirely social nature.

Under another mode of production, for example, under that of village

communities, the idea of committing such crimes could not arise. For

this reason we cannot say that social causes have often nothing to do

with the matter, but that it is the man’s own fault if his business

goes to pieces. This is certainly true at times; but it is the present

organization of society which makes it possible for a man to be in

charge of an enterprise which he is not fitted to conduct, while

another who is fitted for it cannot find employment for his talents. It

is only in a society where complete anarchy reigns in the economic

life, that it is possible for a man to think he is capable of directing

a business merely because he happens to have capital.

Let us now examine the other side of the question. What are the forces

capable of preventing these projects from being realized? First let us

ask, what is the environment in which many of these individuals who are

guilty of such crimes are brought up? Certainly they have learned that

one must be honest, that it is wrong to pick pockets, etc., and they

will not fail in this regard. But they have learned also that the

principal end in life is to grow rich, to succeed. Too often this is

contrary to the principle of probity. “Be honest, be honest, if

possible, but ... make money!” This is the principal rule imprinted

upon the minds of the children in certain bourgeois environments. It is

an honesty of a special kind that is inculcated, not a moral honesty,

but an honesty for the sake of one’s own interests. “Honesty is the

best policy” says the quasi-moral precept. Those whose probity has this

for a basis have only a weak check to prevent them from becoming

criminal, when the thought of the wrong act arises within them. They

remain honest so long as it is to their advantage, but woe to society

when this is no longer the case.

But further, the environment in which these persons have lived after

their youth has not contributed to reinforce the social sentiments, and

consequently those that are working in an anti-criminal direction.

“Every man for himself” is the principle of success in such an

environment. It is evident that the social sentiments must be strongly

opposed in their development if the maxim just given is that which

dominates. To act morally implies sacrificing one’s own advantage for

the sake of the general good. He who is compelled always to have his

own interests at heart can give very little thought to the interests of

others.

As in the case of all crimes, it is necessary with regard to these also

to put the question, are the individuals who are guilty of them, as

regards their innate qualities, like those who have lived and still

live under the same conditions? And as is the case with all crimes, the

answer here must be in the negative. Those who are guilty of these

crimes are, in general, those who are below the average in the strength

of their moral qualities. They are rather weak than bad; they are

conscious of the harm that they do to others and are ashamed of it, but

they are too weak to resist the pressure of circumstances. As always it

is the environment that is the cause of the crimes’ taking place; it is

the individual differences which explain in part who is the one to

commit them. Adapting the well-known sentence of Quetelet we may say,

“it is society that prepares the crimes, it is the men of inferior

moral caliber who execute them.” If the environment were entirely

different the men of inferior moral caliber would not be guilty of

crime.

It may be observed, perhaps, that if it is true that a special

predisposition on the part of the individual is unnecessary for the

explanation of these crimes, they ought to be more numerous than they

are. This is true enough, but it does not refute the opinion which has

been expressed. For, first, as is the case with all the others, these

crimes are more numerous than the criminal statistics show; second,

there are reasons why some men do not commit crime, although all

circumstances lead to it, and their moral condition does not prevent.

For example, there are those who, as a consequence of the struggle for

existence, have lost all energy and all courage, and give up the fight,

even the fight with dishonest weapons; others, prudent by nature, take

into consideration the fact that, bad as their situation may be, it

would be worse if the crime were discovered, etc.

Statistics prove that it is really the decline of business that is the

cause of a great number of bourgeois crimes. In the first part of this

work I have given some which show this correlation, namely:

Italy, 1873–1890.

For this country the statistics on this question (see p. 144) have been

compiled by Dr. Fornasari di Verce. This author has shown that with the

exception of fraudulent bankruptcy (an astonishing and inexplicable

fact), commercial crimes are strongly influenced by economic

happenings.

Prussia, 1854–1878.

Dr. Starke has proved that the curve of these crimes is parallel with

that of economic events (p. 65).

These statistics, to be sure, are not numerous, since the number of

crimes committed by the bourgeoisie is small, and the other economic

crimes, like theft, for example, are much more important, and hence

draw the attention of statisticians more. [940]

We come now to the second category; bourgeois economic crimes from

cupidity (as is always the case, the line of demarcation between this

group and the preceding one is not distinctly traced, there being many

gradations between the two). They are committed, not, as in the first

category, by those whose business is declining, but by those whose

affairs are more or less flourishing. The only motive, then, is

cupidity; what they get by honest business is not enough for them, they

wish to become richer. After what has been already said about cupidity

it is unnecessary to go into detail here. It has been shown that it is

only under certain special circumstances that this desire for wealth

arises, and that it is unknown under others. It will be necessary only

to point out the fact that although cupidity is a strong motive with

all classes of our present society, it is especially so among the

bourgeoisie, as a consequence of their position in the economic life.

This, then, is the first and most important cause of these crimes, a

cause which is not individual, but entirely of a social nature.

In the second place, the opportunity to commit these offenses

undetected is enormous (I refer especially to the adulteration of

food). In general the consumer cannot judge whether the merchandise is

pure or not, and in most cases there is no inspection by experts, or

else it is worthless, since the experts are named by the producers

themselves.

In the third place, we have to ask ourselves, in what way does the

environment in which these persons live exercise an influence upon

their social sentiments? We have already called attention to this point

some pages above, and can be brief therefore. This environment tends to

weaken the social sentiments which might act as a check upon very

egoistic acts.

Considered from the point of view of the consumer the adulteration of

food products is a grave crime, for it injures the health and may even

endanger the life. But what moral impropriety will be seen in it by a

producer who derives great profits from the exploitation of children,

or who, by a corner in grain, causes a great increase in the price of

bread? Is there, sociologically speaking, a difference between these

two groups of acts? Certainly not; the one is as harmful as the other,

nay, the last two probably more harmful than the first.

This kind of crime must be the despair of those who seek for some

biological anomaly of the criminal as the primary cause of crime, for

here the anomaly forms almost the rule. Dr. Puibaraud, in his

“Malfaiteurs de profession”, rightly says: “The adulteration of food is

carried on under our eyes, at our very doors, and we are so used to it

that we say nothing. They put fuchsine in our wine, margarine in our

butter, chicory in our coffee, tallow in our chocolate, and we swallow

it all in perfect good humor. What is the use of protesting? So things

are, and ‘business could not be carried on’ if they gave us really pure

food. So we swallow it all without gagging or moving a muscle. Provided

we are not poisoned—too quickly—we profess ourselves satisfied.” [941]

Everyone knows that the adulteration of food is enormous. If anyone has

any doubts let him read the reports of the chemists upon a product

whose adulteration is easy, milk, for example. His doubts will

disappear rapidly; at least half of the milk is adulterated. It is only

the adulteration of food products that constitutes a legal offense, but

the adulteration of other articles does not differ from this when

considered from a sociological point of view, and it is unnecessary to

say that there too the adulteration is enormous.

There are, to be sure, manufacturers and merchants who are not guilty

of such acts; first, because certain articles cannot be adulterated;

second, because in certain branches the oversight in the interests of

the consumers is very rigorous; third, because certain producers find

it more advantageous to be honest, knowing that thereby they will

procure a large body of regular customers. These three reasons have

nothing moral in them, though there is a fourth reason which affects

certain producers, namely that they have scruples against such

practices. [942]

Let us consider once more the curve of the individual differences.

Those persons who should be placed between A and B are those who, if

the conditions we have named are present, will commit without scruple

misdeeds of the kind we are considering. The great average class,

between B and C are those who, in general, are not guilty of acts

prohibited by law, but who probably do things which in reality do not

differ much from these, and, in any case, are not permissible by the

moral code of the consumers (for commerce has a morality of its own).

These are the persons who get rid of their merchandise by means of all

sorts of tricks and dodges, are silent about the bad qualities of their

wares and exaggerate the good ones; these are the dairymen who put

water in their milk (“for absolutely pure milk is not wholesome”, they

say); the doctors who make visits when they are no longer necessary;

these are those who.... But let us stop; we could fill pages with the

practices of those whose honesty is not proof against trial. [943]

In going from B to C the moral aversion to such acts, observed in

individuals, becomes gradually greater, and the danger that they will

commit such practices diminishes, and we finally approach those who

should be placed between C and D, those who are in no way guilty of

such acts.

As is always the case with economic crimes, it is, then, the

environment that is the cause of these offenses, while individual

differences explain in part who are the authors of them.

We come now to the last category of the criminals of this group, to the

great criminals, to those who throw themselves into gigantic

enterprises while knowing beforehand that these will certainly or

probably fail, or those who make great purchases of stock, and

afterward cause a rise in price through the dissemination of false

news, etc.

If there is any kind of crime that is the consequence of the economic

environment exclusively, this is the one. Such crimes can arise only in

a time like ours, with its insatiable thirst for gold, with the

unlimited opportunity to deceive the public, greedy for great profits.

A superficial knowledge of economic history is enough to make it plain

that the bourgeois crimes, and especially those which we are now

discussing, can be committed only under an economic system of the kind

that ours is.

This should make those anthropologists reflect who wish always to find

the causes of crime in the man himself and not in his surroundings.

Naturally the originators of such deeds are marked out by

characteristic traits. But there is no reason to admit that persons

with such dispositions could not have been born also under a different

economic system. Yet such crimes do not appear under any other mode of

production.

What is the kind of persons who commit these crimes which society has

prepared for? We note first that chance must have prepared such

individuals in the proper environment, for a crime of this kind. If

they were in the class of agriculturists, for example, the idea of

committing it would not have occurred to them; it is only in a special

environment that such crimes can be committed.

These people are characterized, in the first place, by excessive

cupidity. In this regard they come high in the curve. Their prodigality

is without limits; once they have executed a great coup they buy

splendid palaces, give costly fêtes, support several mistresses, etc.

An individual of this type, Arton, had a mistress who cost him 300,000

francs in one year; he needed a million to cover his annual expenses.

[944] This is why they are not content with the large incomes which

they could obtain honestly; they wish to surpass others in wealth,

being ordinarily very vain. [945]

We have said that such individuals would probably have succeeded in

securing large incomes honestly, for all are of a high order of

intelligence. In following their machinations we are astonished by

their perspicacity and their cleverness. Plans like theirs could never

have been conceived and still less executed by men of mediocre

intelligence. [946]

“I believe,” says Professor Morselli in his preface to Laschi’s work

which we have quoted, “in fact, that no common intelligence is needed

to cover up malversations for a long time, to organize clever swindles,

outrageous frauds and bankruptcies, exploitations of the credulous

public. It needs no more talent, perhaps it needs less, to accomplish a

great number of useful and honest things, to make a so-called discovery

or invention. We have, as I have said elsewhere, a fetishism with

regard to genius, talent, higher intelligence. The effort of mental

energy which is required by the complex planning and execution of a

financial crime does not differ, as far as cerebral dynamics are

concerned, from the effort demanded by an action that is perfectly

regular from a moral point of view.” [947]

In the third place, this class consists of persons who, as to the

intensity of their moral sentiments, take the lowest place. What an

ordinary criminal does in a small way, they do on a gigantic scale;

while the former injures a single person, or only a few, the latter

bring misfortune to great numbers. And they do it with indifference,

for the disapprobation of honest men does not touch them.

As I have already shown elsewhere, brought up in no matter what

environment, such individuals would not excel in the strength of their

social sentiments. But I have added that, nevertheless, the influence

of the environment of these persons is very great. We do not know much

of the circumstances under which they have passed their youth. At least

Laschi makes no mention of them in “Le crime financier”, the principal

work upon this class of misdeeds. It is more than probable that their

moral education is totally lacking, or has been only very superficial.

Theresa Humbert, for example, had already been instructed by her father

in the art of swindling on a large scale.

On the other hand we know the environment in which they have generally

passed the rest of their lives. They belong to the world of

speculation, an environment which has very special ideas upon economic

morals. In most of the cases of this kind, facts are brought out which

show that the moral ideas in these circles differ much from those of

the rest of mankind. It is evident that those who commit these crimes

go farther than the morality of their world permits. But it takes great

moral perspicacity to distinguish in this field the demarcations

between what is permitted and what is not, and it is just this

perspicacity that some persons lack. This is why most criminals of this

kind, when they are brought into court, say with sincere conviction

that they are innocent, that they have done nothing that is

incompatible with morality. [948]

Then, speculation etc. is one of the infallible means for killing all

social sentiments; it is egoism pure and simple. Can we be astonished

that some of these individuals [949] in such an environment enter into

conflict with the penal law? It seems to me not. Nor is there any

reason to grant that they are abnormal from a biological point of view.

So even the Italian school is forced to admit that the stigmata found

elsewhere cannot be pointed out in these individuals. [950]

Furthermore, in this case we can hardly speak of atavism. It may be

that our ancestors were great offenders, but it is not probable that

they ever were guilty of swindles of this kind.

It is not necessary to speak fully of the reasons which cause these

acts to be classed as crimes. They are harmful to the regular progress

of capitalism and consequently are threatened with penalties. The

punishment of the adulteration of food-stuffs, on the contrary, is a

consequence of the opposition of the consumers to one of the harmful

effects of this system.

In this connection it is interesting to note, first, that the penalties

prescribed for these crimes are relatively light as compared with those

for ordinary economic crimes, like theft, for example, especially when

we reflect that the harm done by them is much greater; second, that the

number of punishable acts is very limited as compared with those which

really deserve punishment. As Baccaro observes in his work, “Genesi e

funzione delle leggi penali”, it is these crimes which show clearly the

class character of the penal law. [951]

CHAPTER III.

SEXUAL CRIMES.

Most authors who treat of the correlation between criminality and

economic conditions, have devoted their attention to economic crimes

especially, and have had little or nothing to say about sexual crimes.

Man’s sexual instincts, they say, have nothing to do with the economic

life, they are a factor apart, and accordingly there is no relation

between criminal sexuality and economic conditions.

We flatter ourselves that we shall be able to show that their opinion

is erroneous, that a relation between sexual criminality and economic

conditions does exist, although it is by nature less direct than that

between economic crimes and the mode of production.

Having already remarked that the social forms of the sexual life

(marriage and prostitution) are, in the last analysis, determined by

the mode of production, we will not return to this topic. And it does

not fall within the province of this work to speak of the relation of

the intensity of the sexual life in general to economic conditions.

From history we see that the sexual life plays now a greater, now a

smaller part. It would be hard to admit that the causes of these

changes are within man and not outside of him, particularly when very

evident causes are to be found in the environment. Who does not see

that the intensity of the sexual life of the upper classes of Rome of

the decadence is explained by the exaggerated luxury, the idle

existence of this group, and the dependent position of a part of the

women (slaves).

In our present society the relation between the sexual life and

economic conditions is equally clear. Everyone knows that the sexuality

which occupies a very great place in that part of the bourgeoisie which

passes its life in idleness and prodigality, is the consequence of this

manner of living. On the other hand the low intellectual condition of

the proletariat is the cause of a sexual life much more intense than it

would be if the environment permitted a harmonious development of the

whole nature. Engels, in his “Condition of the Working-class in

England”, says of the English proletarians, what is applicable to the

workers in other countries also. “Next to intemperance in the enjoyment

of intoxicating liquors, one of the principal faults of English

working-men is sexual license. But this, too, follows with relentless

logic, with inevitable necessity out of the position of a class left to

itself, with no means of making use of its freedom. The bourgeoisie has

left the working-class only these two pleasures, while imposing upon it

a multitude of labors and hardships, and the consequence is that the

working-men, in order to get something out of life, concentrate their

whole energy upon these two enjoyments, carry them to excess, surrender

to them in the most unbridled manner.” [952]

Further the dependent economic position of woman in our present society

is also a factor of the increase of the intensity of the sexual life

(especially prostitution).

However, it is not this question but sexual criminality upon which we

must fix our attention. Here also we must divide the crimes into

groups, as they differ too much among themselves to be treated of

together. We shall take up in order, then: A. Adultery; B. Rape and

indecent assault upon adults; C. Rape and indecent assault upon

children.

A. Adultery.

It has been said, “the history of property is also that of theft.” In

the same way we may say that the history of monogamy is also that of

adultery, or in other words, that there is no monogamy without

adultery. There must be, therefore, powerful and constant causes

occasioning this offense. As we have seen above when we were setting

forth briefly the history of marriage, adultery by the man was a

permitted act at different stages of the social development. [953] If

we ask why men committed this permitted act, but one reason can be

alleged; they are not monogamous by nature. On the part of the woman

the same act constituted, on the other hand, most often a very serious

offense, threatened with the most severe penalties, which did not,

however, prevent adultery on her side also. The cause is not different

for the two sexes; women, too, are not monogamous by nature, though

perhaps more nearly so than men.

From what we have just said the etiology of this crime is fixed. The

only difference between the present and the past is that adultery by

the man also is punished in our time—there is no change in the etiology

of the crime. It may be said that the fundamental cause of adultery is

to be found in the nature of man, then, and that it is thus

anthropological and not social. I cannot admit this view of the matter

any more than I can believe that the ultimate cause of theft is the

necessity of eating in order to live. If the fundamental cause of the

offense of which we are treating is to be found in man, it would be

present always and everywhere without reference to the environment.

Sociology shows however, that this is not so. Up to a certain degree of

social development men and women alike have been free in this respect;

in other cases it is only the woman who is forced to remain true to her

husband; and at times both have been compelled to remain faithful.

Consequently, for one who does not consider society as an immovable

body, but sees that everything is in motion, the fundamental cause of

this crime is to be found in the structure of society itself, which in

certain cases, prohibits a man from satisfying his natural

inclinations. When the polygamous tendencies are stronger than the

pressure of society a crime is committed.

If we consulted only the criminal statistics we should hardly ever meet

with adultery. It is unnecessary to add that the penal laws dealing

with this matter are so drawn up that a prosecution for adultery almost

never takes place; it goes without saying, however, that in reality the

offense is very common.

In the first place we must look into the question of the classes of

society in which the offense occurs oftenest. Though there are no

statistics on the matter I believe that we shall not be far wrong in

saying that adultery takes place oftenest in that part of the

bourgeoisie that lives in idleness, often also among the proletariat,

and least often among the intellectual bourgeoisie and the petty

bourgeoisie. In seeking for the causes of this fact we see clearly that

they cannot be found in the man himself, for the individuals forming

these classes do not differ as to their innate characteristics.

Consequently, these causes must be found in the environment; the

following being the principal ones.

First. The more marriage is contracted for convenience the greater the

danger of adultery. This is one reason why adultery is more common

among the “upper ten thousand”, where marriage is often a commercial

affair, and why it is less frequent among the intellectual bourgeoisie,

in which there are more marriages of inclination.

Second. The more frivolous and trifling the life any class leads, the

more frequent will adultery be in it. This is another reason why

adultery is frequent among the idle rich, and less frequent in the

intellectual class and the petty bourgeoisie.

Third. The more the social causes of marriage are felt in a certain

class, the greater the moral aversion to adultery. This is one reason

why this offense is found less often among the petty bourgeoisie than

in the working class.

Fourth. The greater the number of marriages concluded for purely

physical reasons without any intellectual reasons entering in, the more

numerous will be the cases of adultery. This applies especially to the

proletariat, among whom most of the marriages are contracted from

affection, but where, because of lack of culture, there is often no

possibility of intellectual communion. When this harmony is lacking it

comes about that the difficulties of life, so great in this class,

cause an estrangement from which infidelities frequently result.

Finally, let us consider briefly the question of which individuals in

the different classes are guilty of adultery. The predisposition to

polygamy is not the same for all. In the second place, the sexual

instincts are much more intense in some cases than in others. In the

third place the environment in which one has lived is not the same as

that of another, and opportunities do not occur in the same way for

each. The joint action of these causes explains sufficiently why one

commits the offense in question and not another.

In setting forth the etiology of adultery we have been giving the

reasons why it has been designated as a crime. Little by little the

conception of marriage has been modified in consequence of the social

changes that have taken place; there is a growing number of persons who

consider the life in common permissible only when both parties desire

it without being constrained by the law. The partisans of this opinion

disapprove of adultery, but for different reasons from others, who

consider it as the infraction of an acquired right. Professor Ferri

formulates this new morality as follows. “What is vile about adultery

is not that it is an assault upon individual property, it is the

disloyalty of the act, the trickery and hypocrisy of it.” [954]

While finding adultery immoral the adherents of this opinion believe

that the law has no right to interfere. Even the persons who do not

share their point of view believe that the penal code should cease to

concern itself with this crime. Hence it comes, among other things,

that the laws are so drawn that prosecutions are very rare. It is

probable that adultery will disappear from the list of offenses.

B. Rape and Indecent Assault upon Adults.

In his work, “Genèse normale du crime”, Professor Manouvrier expresses

himself as follows upon the crime of rape. “Every normally constituted

man would be a born violator if the sexual appetite could find no other

means of satisfaction than rape. The crime is rare, however, and we

know why; there are women for the ugliest and the poorest. However,

famine may come; there is also opportunity, and many devils capable of

leading into temptation the brute that every man is at his birth. For

the ‘criminologists’ must not delude themselves upon this point if they

wish to make criminal anthropology truly scientific. If we were to take

a well-born child of a distinguished European family, and isolate him

from his birth from all the influences of environment except those

strictly necessary for the preservation of his life, we do not know

what strange beast he would turn into. On the other hand we do know

that behind our acquired polish our natural brutality still persists.”

[955] Here in a few words is the environment theory applied to the

origin of the most serious sexual crimes. Let us consult some facts to

see whether the theory is correct.

First of all it must be remarked that this crime is not the act of a

pervert but of a brute. It is important not to forget this since

perversion does play a part in the crimes which we shall take up under

C. Some authors do not make a distinction between these two kinds of

crimes, which prevents their giving a really fundamental treatment of

the etiology of them.

Let us see what the movement of this crime teaches. Its curve in the

different months shows that it rises towards spring, to reach its

maximum in summer, after which it regularly decreases, reaching its

minimum in winter. An example of this is given in the following table,

which includes also crimes committed against children. [956]

France, 1827–1869.

=========+=============================+==============

|Sexual Crimes Committed Upon | Days of

+--------------+--------------+ Conception

Months. | Adults. | Children. | 1863-1871.

+--------+-----+--------+-----+--------+-----

|Absolute| % |Absolute| % |Absolute| %

|Figures.| |Figures.| |Figures.|

---------+--------+-----+--------+-----+--------+-----

January | 584 | 7.09| 1,106 | 5.57| 2,603 | 7.84

February | 563 | 6.84| 1,041 | 5.23| 2,661 | 8.02

March | 643 | 7.82| 1,366 | 6.88| 2,608 | 7.85

April | 608 | 7.39| 1,700 | 8.56| 2,887 | 8.69

May | 904 |10.98| 2,175 |10.95| 3,000 | 9.21

June | 1,043 |12.67| 2,585 |13.03| 3,018 | 9.08

July | 860 |10.45| 2,459 |12.42| 2,911 | 8.76

August | 794 | 9.64| 2,208 |11.13| 2,742 | 8.25

September| 653 | 7.93| 1,773 | 8.93| 2,810 | 8.46

October | 523 | 6.46| 1,447 | 7.29| 2,625 | 7.91

November | 514 | 6.24| 983 | 4.95| 2,620 | 7.89

December | 534 | 6.49| 939 | 5.05| 2,665 | 8.02

=========+========+=====+========+=====+========+=====

The movement of sexual crimes does not tell us much about their

etiology. It is plain that the opportunity of committing them occurs

much oftener in summer than in winter, and the chance of catching the

criminal “in flagrante delicto” is also much greater during the hot

months. Even without statistics we should know that the temptation to

these acts is greater in warm weather, and further, the rise of

temperature towards spring probably increases the sexual tendencies.

But all this does not explain the origin of this class of crimes, for

if it is true that the sexual tendencies in man are increased by the

rise of the temperature toward spring, this affects the sexual life in

general, and not the sexual criminality alone (as is shown by the

column of the days of conception).

In the same way we learn little of the etiology of these crimes from

their movement in the course of the years. In the first part of this

work we have given some statistics on this question, which we

recapitulate here with additional data.

England.

The author of the English criminal statistics of 1899 fixes attention

upon the fact that the maximum of sexual crimes was reached in 1893 and

1894, when the price of wheat was very low (p. 48).

France, 1825–1878.

As Professor Ferri shows in his study upon the influence of

temperature, [957] the curve of rape committed upon adults presents

some resemblance to that of economic events, the years that were

economically bad coinciding with the minimum figures for the crime in

question. Thus the unfavorable years of 1835–37, 1846–47, 1865–68

brought a diminution of rapes committed upon adults, and the favorable

years of 1832–35, 1847–50, 1857–59 an increase. Although there are some

exceptions, the influence of the economic situation is indubitable.

Italy, 1873–1890.

Dr. Fornasari di Verce says that indecent assaults increase with the

improvement in economic conditions, and vice versa (p. 143). On the

other hand, Dr. Colajanni proved for the different parts of Italy

(1875–1880) that a greater consumption of meat did not lead in most

cases (22 out of 35) to an increase in the number of indecent assaults

(op. cit., pp. 501–504).

New South Wales, 1882–1891.

As we have seen in Part One (p. 144) Dr. Fornasari di Verce has shown

that in this country sexual crimes increase in prosperous years, and

vice versa.

Prussia, 1854–1896.

As to this country, Professor von Oettingen gives, for the years

1854–1859 and 1862–1871, some figures which show a slight connection

between the price of grain and sexual crimes (Part One, pp. 53, 54).

Dr. Müller also shows (see the tables pp. 77, 78 and pp. 80, 81) that

economic conditions exercise an influence upon sexual crimes; thus, for

example, the years 1857–1859 were characterized by cheap grain and high

figures for sexual crimes; the same was true of the years 1863–1866 and

1869. On the contrary the years 1854–1856 and 1861, show a high price

for grain and low figures for the crimes in question. There were,

however, some exceptions; during the crisis of 1873–74 the sexual

crimes did not decrease, and in the following years the correspondence

of the curve of these crimes with that of the economic situation is no

longer to be noted.

The data upon the relation between the economic situation and these

crimes are not as numerous as those upon economic crimes, and there are

also many exceptions. With some reservations, however, we can say that

an improvement in economic conditions tends to increase the crimes in

question. However, this does not teach us much with regard to the

etiology of them; the statistics of births have long since shown us

that the sexual life is more intense during the periods of economic

prosperity, than during those of depression. [958] Better nourishment

renders the sexual instincts stronger, without its being necessary that

they should manifest themselves in a criminal manner. The proof of this

is furnished by those who are sufficiently nourished both in good times

and bad and are yet not guilty of these crimes. (For statistical proofs

see the statistics given later.)

We must then try to discover the true crime-producing factors in other

statistical data. First let us inquire whether married or unmarried

persons are more often guilty? As we have seen above, German criminal

statistics are the only ones which give us absolutely certain

information on this point. These show (see p. 454) that at all ages

bachelors, widowers, and divorced men are more often guilty of sexual

crimes than married men, and at certain ages much more so.

Unfortunately these statistics do not distinguish the rapes committed

upon adults from those committed upon children. The data of Dr. J.

Socquet give us some slight information. [959]

France, 1876–1880.

=============+=================================

|To 1,000,000 of the Population in

Civil Status.| Each Group there were Charged

| with Rape upon Adults

-------------+---------------------------------

Bachelors | 8

Married men | 3

Widowers | 2

=============+=================================

Marriage, then, tends to diminish the number of these crimes. The

economic life having, in its turn an influence upon the number of

marriages the relation between this life and the crimes in question is

clear. If the economic situation of many persons did not prevent their

contracting marriage at the period of life indicated by nature, these

crimes would be much less frequent. As Dr. Augagneur says: “Our laws

and physiological exigencies do not harmonize.”

A second question is, what is the class of the population that commits

these crimes? As we have seen, the statistics of Italy and Austria show

(see pp. 437, 438) that it is almost exclusively the poor who are

guilty of sexual crimes. In Italy 92.1% are indigent or have only the

strict necessaries of life; in Austria 91.2% are without fortune, and

only 0.2% are well-to-do.

The statistics of the professions of convicts in Germany (see p. 441)

show also that those who are arraigned for these crimes are especially

working-men, and particularly unskilled laborers (among whom the

statistics include also white-slave traders, professional criminals,

etc., see p. 442). Unfortunately these statistics do not distinguish

between sexual crimes committed upon adults and those committed upon

children. The following table shows that the number is greater for the

first than for the second of these crimes. [960]

France, 1836–1880.

======================================+=================+=================

| 1836-1840. | 1876-1880.

+-----------------+-----------------

| Percentage of Total Number

| Accused of Rape and Indecent

| Assault Committed Upon

+-------+---------+-------+---------

|Adults.|Children.|Adults.|Children.

--------------------------------------+-------+---------+-------+---------

Engaged in the cultivation of the | | | |

soil, laborers, farm servants, etc. | 38 | 33 | 52 | 39

Workers engaged in handling the | | | |

products of the soil, iron, | | | |

wood, etc. | 30 | 26 | 25 | 25

Bakers, butchers, cabinet-makers, etc.| 5 | 4 | 4 | 4

Tailors, wigmakers, hat-makers | 7 | 8 | 3 | 6

Merchants | 3 | 5 | 3 | 5

Sailors, carters, porters | 6 | 5 | 4 | 3

Domestic servants and keepers of inns,| | | |

lodging houses and cafés | 3 | 4 | 3 | 4

Liberal professions | 5 | 11 | 4.5 | 10

Vagrants | 3 | 4 | 1.5 | 4

+-------+---------+-------+---------

| 100 | 100 | 100 | 100

======================================+=======+=========+=======+=========

Although this table by itself has little value, since the comparative

figures for the population in general are lacking, it suffices to show,

by comparison with the preceding tables, that the crime with which we

are concerned is committed by working-people especially. The criminals

in a large number of the cases are rural, as the last table proves to a

certain extent, and as further appears from the following. [961]

France, 1846–1880.

=================+==============+==============

| 1846-1850. | 1876-1880.

Residence. +--------+-----+--------+-----

|Absolute| % |Absolute| %

|Numbers.| |Numbers.|

-----------------+--------+-----+--------+-----

Rural population | 804 | 74 | 412 | 67

Urban population | 264 | 24 | 160 | 27

Residence unknown| 16 | 2 | 38 | 6

+--------+-----+--------+-----

Total | 1,084 | 100 | 610 | 100

=================+========+=====+========+=====

Even when we take account of the fact that the rural population in

France is more numerous than the urban, we still see that the crime in

question is committed in the country especially. [962]

We must further inquire what is the part of the proletariat that is

guilty of rape upon adults? The answer must be that it is that which

forms the lowest stratum of society. As preceding statistics have shown

us (see pp. 427–430, 432), the number of illiterates or of those who

know only how to read and write, is very great among the authors of

sexual crimes. The following table gives us data more detailed and

concerned only with rape upon adults. [963]

France, 1875–1884.

=======================+========+=======+=====================

| | | To 100 Persons

Education. |Absolute| % |upon the Conscription

|Numbers.| | Lists (1880).

-----------------------+--------+-------+---------------------

Unable to read or write| 319 | 28 | 13.8

Able to read and write | 802 | 71 | --

With a higher education| 12 | 1 | --

=======================+========+=======+=====================

Upon the basis of this table we have the right to say, then, that this

crime is almost never committed by persons having more than a primary

education.

This fact destroys the theory that the “human beast” exists independent

of environment; for if such were the case, this crime would be

relatively as frequent among more highly developed persons as among

those that are less so. This table proves what is always forgotten by

criminal anthropologists, that a man becomes a brute only under certain

fixed circumstances, and commits then acts that would be repugnant to

him if he lived in a different environment.

Those who commit these acts come from the strata of society in which,

in consequence of their living conditions, the sexual life is

considered from a purely animal point of view. What is the environment

in which the children of the lowest classes grow up, and what is the

sexual morality that they derive from it? The simple truth is that

there is no sexual morality for them. In consequence of the detestable

housing conditions (compare what was said upon this subject in

connection with prostitution) and of the bad society with which they

are thrown, the children are thoroughly conversant with the sexual life

in its most bestial manifestations. Their attention is fixed upon the

sexual life at an age at which it is still a closed book to children

brought up in a wholesome environment. As Dr. Lux says in his excellent

study upon sexual crimes, “Need, misery, and vice are the natural

surroundings of the children of the proletariat, and especially of the

lower proletariat; they form the environment out of which the child

draws his first and most lasting impressions; they are the school from

which they derive the lessons of a system of ethics which is in marked

contrast with the ethics of progressive humanity. Conceptions of moral

restraints can hardly be awakened in the offspring of the lowest ranks

of the proletariat; on the contrary, so far as the sexual sphere is

concerned, they are suppressed by the undisguised sexual intercourse of

parents, other adults, and prostitutes, with whom the children are

continually coming into contact....” [964]

One of the consequences of the lower position of woman in our present

society is that man considers women as destined to submit to his sexual

will. This is especially the case in the lower strata of the

population, where the woman is often only a means by which the man may

satisfy his desires.

Finally, alcoholism is still to be added as a criminogenous factor.

Above (pp. 509 ff.) we have seen that there are many chronic alcoholics

among the authors of these crimes; in Germany 23.3% and 20.5%, in

France 51.5% and 55.7%, in the Netherlands 10.84%, and in Wurtemberg

36.3%.

There is still another way in which alcoholism figures in the etiology

of these crimes. At a certain stage of intoxication the sexual

instincts are stimulated, while the moral forces are weakened. [965] So

in the cases where a sexual crime has been committed in a state of

drunkenness we may be sure that alcohol has been one of the principal

factors of it. The following figures give us some information on this

point.

England.

In his report to the international penitentiary congress at Brussels,

Dr. M. W. C. Sullivan shows, as the result of an investigation, that

more than 50% of the sexual crimes were caused by alcoholism, and that

acute alcoholism is especially active in the case of rape upon adults.

[966]

Austria, 1896–1897.

Out of 179 cases of rape, etc., there were 46 (25.7%) committed in a

state of drunkenness. [967]

France.

In his report at the Congress mentioned above, Marambat says that 6.6%

of the rapes and indecent assaults have been committed in a state of

intoxication. [968]

Netherlands.

The criminal statistics show that 11.82% of those convicted of sexual

crimes commit them under the influence of alcoholic drinks. [969]

Sweden.

Sigfrid Wieselgren, director general of the penitentiary establishments

of Sweden, in his report to the Brussels Congress gives a table which

shows that about 36% of those guilty of indecent assault were drunk at

the time of the crime. [970]

Switzerland, 1892–1896.

According to the criminal statistics, 21.5% of all the sexual crimes

are due to alcoholism. [971]

To sum up, we see that the causes of these crimes are the economic

condition which prevents some individuals from marrying at the natural

age, the inferior social position of woman, alcoholism, and above all

the sexual demoralization and lack of civilization in the lowest strata

of society.

It is plain that not all the individuals who live in this environment

are guilty of the crimes in question. The sexual instincts do not have

equal force at all ages, nor with all individuals. There are

individuals who have very pronounced sexual propensities, others who

are almost indifferent in this respect, and between the two extremes

lies the great majority. It is only for the first class that the danger

of a crime against morals is great, for the others it is less so. If

the opportunity (rape is almost always an “occasional” crime) presents

itself to persons already predisposed, the moral check to restrain them

is lacking. If they had lived in another environment, this act would be

repugnant to them, as statistics prove; for this crime is not committed

by persons of the other classes, although there are naturally

proportionally more persons with strong sexual instincts among them.

The opportunity to commit these crimes is happily not very frequent. As

Voltaire has expressed it, “Rape is a crime as hard to prove as it is

to commit.”

We must add a few words upon the history of this crime and the causes

that have led to its being classified as such. As Dr. Post (the

principal authority upon this question) has shown, among many primitive

peoples rape is only considered as a detriment to the property of the

man. [972] It is only little by little as the position of woman

improves, and her individuality is recognized, that rape is considered

as a grave encroachment upon the liberty of the woman, and that it is

punished as such.

C. Rape and Indecent Assault upon Children.

An examination of the etiology of these crimes shows that in great part

the individuals who are guilty of them belong to the same category of

criminals as those who commit sexual crimes upon adults. If they seduce

or outrage a child and not a woman it is from accidental reasons

(opportunity, lack of bodily strength, etc.); they are brutes who wish

to satisfy their sexual instincts at any price; they are not, however,

perverts. Although there is a quantitative difference between the man

who violates an adult and one who commits this act upon a child (the

latter being grosser and more egoistic than the former), there is no

qualitative difference between the two so far as the majority of the

criminals of whom we are speaking are concerned. We should only repeat

ourselves if we treated of the etiology of these crimes more fully.

As with the crimes of which we were speaking above, there is with

crimes against children also, a great increase toward spring, the

maximum being reached in the month of June, after which there is a

decrease, with the minimum in winter. [973] The statistics given for

France show also that in this country the periods of economic

prosperity bring an increase of these crimes, and the periods of

depression a decrease. [974] And it is probably the same with other

countries. As has been said also of the crimes against adults, all this

shows us very little of the etiology of these crimes, since the

intensity of the sexual life in general rises and falls in accordance

with the economic situation.

Here also the married men play a smaller part than the unmarried and

divorced; the poor classes show a larger number of crimes than those

that have property (see p. 616); the illiterate, and persons who know

how to read and write simply, show also proportionately higher figures

than persons with a higher education, [975] and alcoholism again takes

its place among the causes of this crime. [976]

A minute comparison of the statistics of sexual crimes committed upon

adults and of those upon children shows that a part of the latter are

of a character quite different from the former. By comparing, for

example, the statistics of the civil status of persons arraigned, we

see that the number of married men and widowers is proportionately much

greater in the case of crimes against children than against adults. The

following table shows this: [977]

France, 1876–1880.

==============+==================================

|To 1,000,000 of the Population of

|Each Group there were Arraigned

Civil Status. | For Rape Upon

+---------------+------------------

| Adults. | Children.

--------------+---------------+------------------

Bachelors | 8 | 37

Married men | 3 | 25

Widowers | 3 | 50

==============+===============+==================

A comparison of the statistics of the occupation of the two groups of

these criminals (see p. 616) shows that in the crimes upon children,

the liberal professions show twice as many as those committed upon

adults. The same is true of merchants. [978]

The figures with regard to education show that the illiterate are about

equally numerous in both groups of criminals, but that the percentage

of those who have a higher education is 5 in the case of crimes upon

children, and barely 1 for those upon adults. [979]

While, as we have seen, sexual crimes upon adults are chiefly committed

in the country, the cities and manufacturing centers occupy a much more

important place in the statistics of those upon children, as the

following table proves. [980]

France, 1876–1880.

===========+================================

| Rape and Indecent Assault Upon

+---------------+----------------

Residence. | Adults. | Children.

+---------------+----------------

| % | %

-----------+---------------+----------------

Rural | 67 | 53

Urban | 27 | 43

Unknown | 6 | 4

===========+===============+================

Contrary to what we find with regard to sexual crimes against adults it

is also the departments with the great cities which, in comparison with

the rural districts, give the highest figures. [981]

It appears from an examination of these data that sexual crimes upon

children and those upon adults have, in part a different etiology. Many

sexual crimes upon children are committed by persons who could also

satisfy their desires with adults, but abuse children instead. These,

then, are cases of sexual perverts.

A thorough examination of the causes of this perversion would be ill

placed in the midst of our investigation of the social etiology of

crime, for they are principally of a pathological nature. However

prostitution should be mentioned as contributing more to sexual

demoralization than any other cause. As Dr. Després says in his work

“La prostitution en France”, “Physicians think that rape [982] is an

aberration of the genetic faculty and that this crime is more often the

result of satiety than of deprivation of the natural exercise of the

genital functions.” [983]

Dr. Ladame expresses himself thus. “All the causes which divert the

genetic faculty from its natural end may lead to crime, and among these

causes prostitution plays, without doubt, the principal part.” [984]

It is plainly difficult to show by figures the degree of importance of

prostitution in the etiology of sexual crimes. The Swiss statistics,

which try, though very imperfectly, to record the causes of crimes, say

that 5.3% of the sexual crimes are caused by prostitution. [985] It is

unnecessary to say that this figure is too low.

We may add in conclusion that it is almost always upon the children of

the poor that these crimes are committed. The children of well-to-do

parents are so well guarded that crimes against them are the rare

exceptions. [986]

CHAPTER IV.

CRIMES FROM VENGEANCE AND OTHER MOTIVES.

Besides economic, sexual, and political criminality, there is still a

fourth category of crimes, the motives of which are quite diverse. We

shall treat, A. Crimes from vengeance, and B. Infanticide. The first

group is important both quantitatively and qualitatively; the second,

especially, qualitatively. The crimes committed from other motives are

either very rare, or very insignificant, or may be explained by the

same causes as those included under A, and hence may be passed over in

silence. [987]

A. Crimes Committed from Vengeance.

In a sociological work like ours we need not consider the psychology of

vengeance. [988] For our subject it is sufficient to show that the

feeling is innate in everyone, although in different degrees. As soon

as one person injures another, whether bodily, or in his interests, or

his honor, the desire to retaliate in one way or another immediately

appears. If this desire transforms itself into act, this act calls

forth a stronger reaction on the part of the opposing party, etc. It is

this that is called the instinct of vengeance. [989]

We must then begin by treating the causes calling forth feelings of

revenge, and by fixing our attention upon the two principal categories

of causes, those which spring from the economic life, and those which

are due to the sexual life.

We shall speak first of the causes that are due to the economic life.

The fundamental principle of the mode of production in which we live is

competition, strife—in other words, doing injury to others. So there

are innumerable cases in which the desire for revenge is excited by the

economic life. Many sociologists extol the beauty of this struggle and

pretend that its effect upon society is excellent. We shall refrain

from examining the truth or falsity of this statement; for the matter

in hand we need not concern ourselves with the fortunate victors, but

simply with the vanquished. After the exposition of the present system

of production it is superfluous to show all the opposing economic

interests and the feelings resulting therefrom; we shall mention a few,

and the others will be easily understood.

Imagine, for example, the state of mind of a small retailer who finds

himself totally ruined by the competition of a large department store

in the neighborhood; of that of working-men suffering great privations

during a strike, who see themselves supplanted by others, who think

only of their immediate interest in acting as strike-breakers. Or

imagine, again, the innumerable cases in which questions of inheritance

awaken vengeful feelings. And side by side with all this, picture the

economic life of village-communities where all the economic interests

were parallel, and where consequently the economic life engendered

neither envy nor jealousy. Anyone who grasps the enormous difference

between these two modes of production, will understand also how the

feelings of revenge are excited by the present economic system. [990]

In the second place, how far are vengeful feelings aroused by

sexuality? [991] As Sutherland remarks in his “Origin and Growth of the

Moral Instinct”, there are no peoples who are not more or less jealous

in sexual matters, [992] but great differences are to be observed in

this respect. While Nansen, for example tells how the Eskimo women are

almost ignorant of sexual jealousy, [993] there are other peoples among

whom the woman is killed by her husband if another man evinces any

regard for her. [994]

The facts show that the greater the power of the man over the woman,

the greater also is the sexual jealousy of the man, a jealousy which,

among other things, manifests itself in the very severe punishment of

adultery. [995] He who has a right to something wishes to keep it for

himself and does not tolerate injury to it on the part of anyone else.

When the man considers the woman as his chattel, or when he has great

power over her, sexual jealousy is strengthened by the feelings

connected with property. These latter feelings were more predominant

among the primitive peoples than true sexual jealousy, a proof of which

is that fact that among many of these peoples the law of hospitality

required putting the wife at the disposal of the guest.

From the present form of marriage (as among many primitive peoples) it

follows that each party has a right with relation to the other. [996]

The violation of this right is considered as a serious injury and gives

rise to a desire for revenge. This phenomenon is not natural, but

historical. If the present state of society did not necessitate an

artificial stability in sexual relationships, if the man and his wife

were economically independent, they would not believe that they had

rights over each other. [997]

Here is the first bond between sexual jealousy and the social

environment, but there is also a second, though a more remote one,

namely, that it is with those who have a gross conception of the

relations of man and wife, that revengeful feelings arise after love

disappears. Those who, because of the environment in which they live,

have formed a different idea of the relation between man and wife,

while feeling the most violent grief, remain strangers to the desire

for revenge. He who knows that neither love nor sympathy can be bidden,

knows also that a right in this matter can bring no change in the

feelings, and must remain only a nominal thing; he sees only the action

of fate, where the brute sees an evil will. This is one reason why the

number of crimes of passion is smaller among civilized people than

among the partly civilized.

We must notice, further, one kind of crime of passion, the revenge of a

woman seduced and then abandoned. Besides sexual jealousy there are, in

these cases, other motives playing their part. Often the woman has not

given herself for love alone, but also with the prospect of a marriage,

or a betterment of her economic position. It is not sexual vengeance

that is the sole motive here then, but also vengeance for economic

reasons. [998] Further the prohibition of inquiring into the question

of paternity may also enter in. [999]

After having pointed out the two principal categories of causes that

awaken revengeful feelings we must now enquire why, with certain

individuals, these feelings are translated into acts. Many

criminologists prefer to find environment of small importance in these

crimes and the individual factors the predominant ones. Let us see

whether the facts will uphold this theory. To begin with let us ask

what the movement of these crimes teaches us.

As statistics show, they increase towards spring, reach their maximum

in summer, after which a decrease follows with the minimum in winter,

as the following table proves. [1000]

Germany, 1883–1892.

=============+======================================

| Crimes.

+--------------------------------------

|On the basis of a supposed Average of

|100 Crimes a Day the Daily Average for

| the Different Months would be

+-------------------+------------------

| Serious assaults | Homicides

-------------+-------------------+------------------

January. | 75 | 88

February. | 78 | 84

March. | 78 | 100

April. | 84 | 95

May. | 102 | 108

June. | 116 | 113

July. | 119 | 118

August. | 116 | 133

September. | 110 | 124

October. | 106 | 106

November. | 93 | 93

December. | 80 | 78

=============+===================+==================

Some authors seek for a remote explanation, when there is one near at

hand: in summer persons are more in contact with each other, a fact

which gives opportunity for disputes, and an increased danger of

consequent crimes.

We may sum up the principal data upon the movement of these crimes in

relation to the economic situation (given in Part One of this work) as

follows.

England, 1840–1890.

Fornasari di Verce draws attention to the fact that crimes against

persons (represented in great part by crimes of vengeance) increase in

times of economic prosperity and vice versa (see p. 144. See also the

data of Mayr, pp. 43 and 44).

Bavaria, 1835–1861.

Mayr shows for this period that crimes against persons increase when

the price of grain falls and vice versa (see pp. 40–42).

Italy, 1873–1890.

According to Fornasari di Verce there is a diminution of homicides and

assaults when economic conditions grow worse, and vice versa (see p.

143).

New South Wales, 1882–1891.

The same author says that homicides and assaults increase, while minor

offenses against persons decrease, when economic conditions grow worse

and vice versa (see p. 144).

Prussia, 1854–1896.

Dr. Starke and Dr. Müller show that the crimes we are considering

increase when economic conditions improve, and decrease when they grow

worse (see pp. 66 and 83). However, they show at the same time that

these phenomena did not take place at the beginning of the period

observed by them. Later they follow the regular course. [1001]

Canton of Zürich, 1853–1892.

For the period mentioned Meyer proves that crimes against persons

increase when economic conditions improve (see p. 69).

Examining these results we observe that the crimes in question increase

in the periods of prosperity, and vice versa; but we see at the same

time that there are also noteworthy exceptions (New South Wales and

France), and that in Germany in the last 20 or 30 years, this tendency

is no longer present. [1002] It is not difficult, it seems to me, to

explain why these crimes increase in periods of prosperity. Men are

thrown then into contact more frequently, they live a little more for

amusement, and consume (and this is certainly one of the principal

reasons) more alcohol than usual. Some authors see in this movement of

crimes against persons a natural law, according to which criminality

would be a fixed quantity, manifesting itself in economic crimes in

periods of depression, and in crimes against the person in periods of

prosperity.

As I have already said more than once this theory is erroneous. If it

were really true that an improvement of the economic situation

inevitably brought about an increase of crimes against persons, the

class of individuals who are always in fairly good circumstances would

also be largely guilty of these crimes. Statistics show us the

contrary.

Thus we arrive at the very important question, what are the classes of

the population which are especially guilty of these crimes? As the

statistics already given show they are the poorest classes (see pp. 437

ff.). In Italy, for example, 89.8% of those who commit homicide, and

91.1% of those guilty of assault, were indigent or had only the bare

necessities of life, though these form but 60% of the population. The

same is true of Austria, and the statistics of occupations gives a

similar result for Germany (see pp. 441 and 442).

The statistics that give information upon the degree of education of

these criminals are more interesting still. As we have seen above, only

0.1% of those guilty of assault had a higher education, while 40.5% of

these criminals were illiterate, and 59.4% knew only how to read, or to

read and write. In France from 1896 to 1900 the completely illiterate

constituted 16% of those guilty of assault, and 15% of the assassins,

while in the general population there were only 4.5% who did not know

how to sign their names. In Italy only 1% of the assassins and only

0.6% of those guilty of assault had a higher education, 99% and 99.4%

respectively were illiterate or knew only how to read and write. These

are striking figures.

In this connection let us stop for a moment to consider the geography

of these crimes, and place beside the figures on this point those of

illiteracy. We will begin with a table of figures for homicide and

assaults followed by death, for some of the countries of Europe. [1003]

==============+========+==================+=======+===========

| | Homicides and | |

| | Assaults followed| |

Country.[1004]| Years. | by Death to |Years. |Illiteracy

| | 100,000 | | %.

| | Inhabitants. | |

--------------+--------+------------------+-------+-----------

Italy | 1880-84| 70.0 | 1882 | 57.43

Spain | 1883-84| 64.9 | 1889 | 68.10

Hungary | 1876-80| 56.2 | 1880 | 59.70

Austria | 1877-81| 10.8 | ,, | 40.10

Belgium | 1876-80| 8.5 | ,, | 21.66

Ireland | 1880-84| 8.1 | 1882 | 30.00

France | ,, | 6.4 | ,, | 13.10

Scotland | ,, | 4.4 | ,, | 11.00

England | ,, | 3.9 | 1883 | 14.00

Germany | 1882-84| 3.4 |1881-82| 1.54

Holland | 1880-81| 3.1 | 1880 | 11.50

==============+========+==================+=======+==========

No one will deny the striking parallelism between these columns, the

highest figures for homicide being found where there are also the

largest figures for illiteracy. As we have seen already, however,

international statistics have inherent defects. The following figures

are better in this regard: [1005]

United States.

========================+====================+==========

| Number of Homicides| Illiteracy

Birthplace. | to 100,000 | %.

| Inhabitants. |

------------------------+--------------------+-----------

Sweden, Norway, Denmark | 5.8 | 0.42

Germany | 9.7 | 0.57

England and Scotland | 10.4 | 2.50

Austria | 12.2 | 16.73

Ireland | 17.5 | 41.65

France | 27.4 | 43.60

Italy | 58.1 | 51.77

========================+====================+===========

We have here also, then, a striking parallelism. We will now take up

the geography of homicide, etc., in different parts of one country;

some of the faults inherent in the geography of crime are thus

eliminated.

Germany, 1893–1897. [1006]

======================+======================+==============+========================

| Number of Persons | Percentage of|

| Convicted for Serious| Illiterates | Percentage of Votes

States and Provinces.| Assaults to 100,000 | among the | Given to the Socialist

| Inhabitants over 12 | Recruits | in the Election

| Years of Age.[1007] | 1892-1893. | of 1898.[1008]

----------------------+----------------------+--------------+-----------------------

Bavaria | 391 | 0.03 | 18.0

West Prussia | 334 | 4.01 | 4.9

Posen | 326 | 1.72 | 1.7

East Prussia | 265 | 0.98 | 18.3

Silesia | 252 | 0.57 | 22.3

Baden (Grand Duchy) | 250 | 0.02 | 19.1

Hesse | 248 | 0.03 | 33.9

Alsace-Lorraine | 237 | 0.30 | 22.7

Pomerania | 227 | 0.22 | 17.2

Westphalia | 223 | 0.08 | 17.7

Germany | 219 | 0.38 | 27.1

Prussia | 211 | 0.59 | 24.1

Rhine Province | 201 | 0.08 | 15.0

Wurtemberg | 197 | 0.04 | 20.3

Saxony (Province) | 185 | 0.07 | 34.0

Brandenburg | 184 | 0.15 | 35.6

Hesse-Nassau | 161 | 0.14 | 30.9

Hanover | 146 | 0.04 | 25.6

Sleswick-Holstein | 106 | 0.10 | 38.9

Saxony (Kingdom) | 82 | 0.01 | 49.4

======================+======================+==============+========================

The parallelism between the first two columns is undeniable; the states

and provinces with low figures for illiteracy show also a small number

of assaults, and vice versa, with some exceptions—notably Bavaria. The

reason why Bavaria is at the head of the list is undoubtedly because of

the alcoholism that prevails there.

United States, 1890–1900. [1009]

=============+===========+=============

| Number of | Percentage

|Inhabitants| of

| in 1900 to| Illiteracy

|Each Murder| in

States. | (Annual | Population

| Average | Over 10

| from 1890 | Years of

| to 1900). |Age (1900).

-------------+-----------+-----------

Nevada | 1,086 | 12.8

Colorado | 2,141 | 5.2

Montana | 2,704 | 5.5

Texas | 2,986 | 19.7

Mississippi | 3,001 | 40.0

Florida | 3,367 | 27.8

California | 3,519 | 7.7

Delaware | 3,849 | 14.3

Louisiana | 3,859 | 45.8

Alabama | 3,966 | 41.0

Wyoming | 4,206 | 3.4

Maryland | 4,250 | 15.7

Arkansas | 4,300 | 26.6

Utah | 4,855 | 5.6

Tennessee | 4,957 | 26.6

Washington | 5,079 | 4.3

Oregon | 5,235 | 4.1

Kentucky | 5,394 | 21.6

Georgia | 5,817 | 39.8

Idaho | 5,992 | 5.1

S. Carolina | 6,064 | 45.0

Virginia | 6,079 | 30.2

Kansas | 6,253 | 4.0

Nebraska | 6,360 | 3.1

N. Carolina | 6,645 | 35.7

United States| 7,649 | 13.3

Rhode Island | 8,241 | 9.8

Missouri | 8,582 | 9.1

S. Dakota | 8,924 | 4.2

N. Dakota | 11,005 | 6.0

W. Virginia | 11,021 | 14.4

Indiana | 11,037 | 6.3

Minnesota | 11,105 | 6.0

Iowa | 11,147 | 3.6

Michigan | 11,810 | 5.9

Connecticut | 12,443 | 5.3

Ohio | 12,523 | 5.2

Wisconsin | 13,435 | 6.7

New York | 14,195 | 5.5

Illinois | 15,306 | 5.2

New Jersey | 15,697 | 6.5

Pennsylvania | 20,169 | 6.8

Massachusetts| 29,222 | 6.2

Maine | 38,581 | 3.3

New Hampshire| 45,732 | 6.8

Vermont | 57,274 | 6.7

=============+===========+==============

Although less complete than in the preceding table, the parallelism

here is nevertheless striking; all the states below the average for

illiteracy, except one, rank low also in the number of murders. There

are however some very remarkable exceptions to the general tendency,

some states with small figures for illiteracy having nevertheless high

figures for homicide. It is not possible for me to explain the cause of

this, the details with regard to this country being lacking (it is very

remarkable that the newest states are those that constitute the

exceptions). The relation between these crimes and illiteracy is

undeniable however.

Italy, 1880–1883. [1010]

=================+========================+==================

| Simple Homicides | Illiteracy among

| and Assaults Followed | the Conscripts

Provinces. | by Death | (1896).

| to 100,000 Inhabitants.| %[1011]

-----------------+------------------------+------------------

Girgenti | 36.5 | 65.15

Campobasso | 29.5 | 56.35

Avellino | 29.5 | 56.07

Caltanissetta | 29.0 | 58.02

Cantanzaro | 27.3 | 65.76

Trapani | 26.1 | 58.49

Cosenza | 25.7 | 44.17

Palermo | 22.3 | 45.21

Naples | 22.2 | 45.15

Potenza | 21.4 | 55.63

Caserte | 21.3 | 43.11

Aquila | 20.7 | 38.56

Calabria | 19.5 | 43.95

Rome | 17.7 | 35.33

Salerno | 17.4 | 60.37

Catania | 16.7 | 64.04

Chieti | 16.6 | 57.44

Sassari | 16.1 | 53.09

Leghorn | 14.0 | 15.68

Teramo | 13.8 | 61.37

Arezzo | 13.4 | 38.60

Ancona | 13.1 | 36.24

Lucca | 11.9 | 18.49

Messina | 10.9 | 49.52

Forli | 10.2 | 49.63

Grosseto | 10.2 | 61.42

Bari | 10.1 | 64.60

Ravenna | 10.1 | 43.23

Perugia | 10.0 | 48.99

Cagliari | 9.7 | 68.08

Pesaro e Urbino | 9.4 | 53.94

Massa e Carrara | 8.3 | 34.46

Macerata | 7.5 | 43.43

Italy | 7.0 | 36.65

Lecce | 6.9 | 58.57

Ascoli Piceno | 6.7 | 53.81

Pisa | 6.0 | 35.86

Treviso | 5.9 | 24.95

Cueno | 5.5 | 18.68

Alessandria | 5.2 | 9.86

Turin | 4.9 | 19.71

Florence | 4.3 | 35.16

Genoa | 4.2 | 24.16

Mantua | 4.0 | 25.06

Udine | 4.0 | 11.08

Venice | 3.9 | 31.92

Bologna | 3.9 | 24.68

Sienna | 3.9 | 48.56

Piacenza | 3.5 | 37.82

Padua | 3.0 | 34.32

Porto Maurizio | 3.0 | 13.64

Novara | 2.9 | 12.18

Bergama | 2.8 | 27.00

Vicenza | 2.5 | 31.41

Brescia | 2.5 | 20.72

Emilia | 2.4 | 33.08

Como | 2.3 | 8.89

Pavia | 2.3 | 21.39

Verona | 2.3 | 31.86

Ferrara | 2.2 | 36.97

Modena | 1.8 | 35.41

Belluno | 1.7 | 25.62

Cremona | 1.6 | 12.71

Milan | 1.4 | 18.85

Parma | 1.1 | 31.68

=================+========================+===================

In this country also the parallelism is undeniable; almost all the

provinces with low figures for illiteracy have also low figures for

criminality, and vice versa.

To conclude, here are some figures with regard to

The Netherlands, 1901. [1012]

==============+======================+==================

| Assaults to | Illiteracy among

Provinces. | 100,000 Inhabitants. | the Conscripts.

| | %

--------------+----------------------+------------------

Drenthe | 15.9 | 7.2

Limburg | 13.7 | 3.6

North Brabant | 12.9 | 4.1

Groningen | 12.6 | 2.8

Zeeland | 8.3 | 2.3

Overijssel | 8.2 | 3.3

Gelderland | 8.2 | 1.7

Netherlands | 7.6 | 2.3

Friesland | 7.3 | 2.3

Utrecht | 6.9 | 1.1

South Holland | 4.2 | 1.1

North Holland | 3.8 | 1.2

==============+======================+==================

We have here then a confirmation in a general way of the rule proved

for other countries.

In view of all the preceding data we must conclude that it is the less

civilized persons who commit crimes of this class. How is this to be

explained? This is what we shall proceed to examine.

The first reason is that the more civilized a person is the less

revengeful feelings arise when some one injures him. The more the

motives of actions are appreciated, the less the desire for revenge

springs up. A child wants to revenge himself even upon an inanimate

object that has hurt him; it is almost the same with uncivilized

peoples, who so rarely take account of the motives of human action. It

is not so long ago that men took vengeance upon maniacs, a thing which

could not happen today.

In the second place, when the idea of revenge arises in a civilized man

he is more in a position to restrain himself than the uncivilized; he

is less impulsive; he knows that later he will repent of his act, and

that it may have disagreeable consequences for him.

In the third place civilization inspires a great aversion to acts of

violence.

Thus we come to the correlation between these crimes and the education

of the poor. The child is often moved to revenge, there is no inner

check to restrain his passions. When his education has been neglected

he runs, as his age advances, more danger than others of being guilty

of these crimes. And then children are very imitative. If we had good

statistics with regard to violent criminals we should see that they

almost always spring from surroundings in which violence is common. All

authors who are especially concerned with this matter are in agreement

on this point. [1013] The fact that parents among the lower classes use

blows as a means of instruction has for its national consequence that

when the children are grown they themselves have no fear of making use

of violence. [1014]

One further observation must be made here. Many persons think it quite

natural that one should not have the right to avenge himself for an

injury. Sociology, however, teaches us quite otherwise. Among primitive

peoples revenge, instead of being a thing prohibited, is a sacred duty.

Little by little vengeance, at first unlimited, became confined to “an

eye for an eye, a tooth for a tooth”; this in turn was replaced by the

so called “compensation”; and this in its turn yielded to penalties

inflicted by an authority superior to both parties. [1015]

If we enquire which are the countries where homicides and assaults are

committed most frequently we find that they are the most backward, and

thus give a picture of time past. Here we have in mind especially

Sicily (see the table with regard to Italy some pages higher) and

Corsica (while between 1880 and 1884 there was an annual average of 6.4

homicides to the million inhabitants, the figure for homicides in

Corsica was 110.2). Nothing is more mistaken than to believe that we

have here a question of race. As Professor Tarde remarks (see the

quotation on pp. 109–110), there have been times when the people of

these countries were much less violent than the northern peoples, now

so little given to this kind of crime. These two islands have so high a

figure because the “vendetta” is still universal there, and because it

is considered as a duty. [1016]

Although in less degree, the case is almost the same with the lower

classes of other countries as regards this type of crime. There are

those who from their manner of life most resemble our distant

ancestors. They are not, at least so much as other classes of society,

instilled with the idea that they have no right to avenge themselves

personally. On the contrary it is often considered an act of cowardice

to allow an insult or an injury to pass without taking revenge. This is

why the police are often resisted and their interference considered as

an intrusive meddling with matters with which they have no concern.

Such, in my opinion, are the principal reasons why the less civilized

classes are guilty of these crimes, and thus we are given an idea of

their etiology.

In the first table upon the relation between illiteracy and serious

assaults (Germany) we added also the percentage of votes given to the

socialists. As the table shows the percentage of these votes is in

general smaller in the localities where the kind of crime of which we

have been treating is most frequent; and vice versa. It is, then,

evident that there is a correlation between the two phenomena, and this

is easily explained. In the working circles in which socialism is

beginning to make its way, there is growing little by little, an

interest in things other than those which formerly occupied the

working-men in their leisure hours. They begin to become civilized and

to have an aversion to the coarser amusements. At the same time the

feeling of solidarity is awakened in them, and thus a powerful moral

check is created.

It was especially the figures for the crimes of vengeance that we

placed beside those for the votes given to the socialists, since the

relation between the two phenomena stands out very distinctly. This

correlation, however, holds for criminality in general, for almost all

the countries with a large number of socialist voters show also fairly

low figures for criminality, and vice versa. Nevertheless this

correlation is not as great for other crimes as for those which we are

at present considering, which is explained by the fact that most of the

criminals who are guilty of them are not much like other criminals,

especially those who have no respect for property (criminals from

poverty excepted). These last, greedy of pleasure, and always looking

out for their own interests, are those who, as regards the intensity of

their social instincts, occupy the last place. All this is inapplicable

to criminals by violence; they are not always really wicked, and after

their crime they often show a sincere repentance. Socialism exercises

no influence upon the category of individuals from whom the economic

criminals (from cupidity) are recruited, persons, that is to say, who

think only of their own interest, and show themselves insensible to a

movement for the well-being of the whole working class.

We have still to speak of one question which is sometimes put in

treating of this subject. If it is true, says some one, that it is

principally in consequence of their ignorance and their lack of

civilization that the lower classes commit the crimes in question,

these crimes must little by little present themselves less often, for

the development of these classes is improving, even if only gradually.

Now criminal statistics do show a gradual diminution in these crimes.

Homicide, the gravest form, has continually decreased in England,

Switzerland, France, and Sweden (where it has been reduced to a very

small figure), and in Italy (where a considerable diminution has been

shown). [1017] If we had criminal statistics much more ancient than the

existing ones it would be shown that this crime has decreased

enormously compared with remote epochs. The progress of civilization in

the lower strata of society is very slow, and criminal statistics are

all of relatively recent date.

Germany is, as far as I know, the only country where there has been any

considerable increase in these crimes (except those against life) in

the last twenty years. This exception does not, in my opinion,

invalidate the rule. The lack of civilization among the lower orders is

not the sole cause of these crimes; the innumerable conflicts

engendered by the present social system are also a cause. Besides, the

impulse given by the economic development in Germany during this period

has hardly been equalled in other countries; it has seen its population

grow and become congested, and conflicts increase in like proportion,

[1018] a cause sufficient to neutralize the civilization which brings

it about. Further there is the possibility that the police and the

courts have been more efficient during this period, so as to make the

increase of crime seem greater than it really is. [1019] Finally,

alcoholism is increasing, and may also neutralize the effect of

civilization. [1020]

We come, then, to one of the most important causes of this kind of

crime, namely alcoholism. Not only is chronic alcoholism demoralizing

(as we have seen on pp. 509 ff.), but drunkenness at the acute stage

makes a person more disposed to commit acts of violence, and at the

same time less able to control his instincts and passions. Further, the

degree of civilization reached by the individual has a great influence

upon his conduct when he is intoxicated; the civilized man is then much

less dangerous than the man without education. Dr. Grotjahn puts it as

follows: “The development of the moral consciousness is not without

influence upon the harmlessness or danger of intoxication. Persons in

whom the sense of responsibility for the consequences of their actions

has been sharpened by education, whether they owe this to their

teachers or their parents or to their own experience, in case they

become intoxicated to the point of having their minds clouded, will

still always keep a remnant of their power of judgment, which will hold

them back from violent and disastrous actions. On the other hand, in

the case of persons who lack all moral training, the scanty moral

restraints which check their native impulses most quickly disappear.”

[1021]

An examination of the physiological process caused by large doses of

alcohol not coming properly within the scope of a sociological work

like this, it is sufficient to show that great quantities of alcohol

undoubtedly do have this effect. [1022] We shall accordingly pass on to

the question of the correlation between violent crime and the acute

stage of alcoholism.

There are different ways of attempting to settle this question. In Part

One we have seen that some authors have tried the dynamic method,

Fornasari di Verce, for example, showing that in Italy, Great Britain,

Ireland, and New South Wales, these crimes increase and diminish with

the consumption of alcohol. Professor Ferri shows that during the years

1849–1880 the increase and diminution of cases of assault in France

coincide with the success and failure of the vintage. [1023]

Another method consists in inquiring what day of the week assaults are

most frequent. If the abuse of alcohol is really an important factor in

the etiology of these crimes more of them must be committed upon

Sunday, Saturday, and Monday, for the abuse of alcohol is greatest on

these days. The following table throws some light on the matter. [1024]

Number of Assaults Committed on Different Days.

=========+==========+==========+=========+===========+==========

| | |Canton of| |

| Vienna |Korneuburg| Zürich |Düsseldorf.| Worms

|(1896-97).|(1896-97).| (1890). | |(1896-98).

---------+----------+----------+---------+-----------+----------

Sunday | 68 | 72 | 60 | 121 | 142

Monday | 49 | 12 | 22 | 32 | 57

Tuesday | 27 | 11 | } | 9 | 34

Wednesday| 19 | 14 | }41 | 9 | 34

Thursday | 19 | 15 | } | 5 | 35

Friday | 18 | 4 | } | 4 | 27

Saturday | 28 | 11 | 18 | 35 | 37

=========+==========+==========+=========+===========+==========

The figures and the thesis agree, then, perfectly. It is plain, to be

sure, that we cannot charge all the cases falling on Sunday to alcohol,

since people come together more on that day, and hence the danger of a

conflict is greater, but most of the Sunday cases are certainly due to

alcohol.

Other authors compare the geography of these crimes with the

consumption of alcohol. Professor Aschaffenburg, for example, in the

study already quoted, points out the fact that in Germany the countries

with the greatest number of assaults are also those where there is the

largest consumption of alcohol. [1025]

However, although these indirect methods are not without value, it

seems to me that since they contain so many elements of uncertainty

they yield to the direct method. [1026] It is for this reason that I

shall follow here especially the direct method and shall indicate the

percentage of those who have committed these crimes when they were in a

state of intoxication. Though making use of this direct method I do not

think it infallible, but it is less liable to error than the others.

The especial weakness of it is that the persons who are accused pretend

in extenuation that they committed their crimes in a state of

drunkenness. Good statistics do not rely solely upon the statements of

the prisoners, but also upon the facts brought out at the trial. And

then, as Professor Löffler remarks, all those arraigned are not acute

enough to simulate a state of drunkenness, and there are even those

who, although addicted to overindulgence in alcohol, will deny that

they were intoxicated, either from shame, or for fear of a more severe

punishment.

Most criminal statistics do not concern themselves with this subject,

and even those that do are less detailed than we might wish.

Nevertheless they are sufficient, I believe, to prove the correlation

in question.

Austria, 1896–1897. [1027]

==================+====================================

|Percentage of Convicts who Committed

| their Crimes in a State

Crimes. | of Drunkenness.

+------------------+-----------------

| Vienna. | Korneuburg.

------------------+------------------+-----------------

Rebellion | 77.7 | 70.0

Malicious mischief| 63.4 | 43.5

Threats | 56.8 | 46.7

Serious assaults | 54.1 | 56.4

==================+==================+=================

Baden (Grand Duchy), 1895.

In 1895 64% of the cases of rebellion and 46% of the assaults were

committed in a state of inebriety. [1028]

Belgium, 1872–1895.

Out of the 2,045 convicts who entered the central prison at Louvain

from 1874 to 1895, 344 or 16.8% were drunk at the time of committing

the crime; of the 130 sentenced to hard labor for life 53, or 40.7%; of

the 88 condemned to death 38, or 43.1%. [1029] If we consider that a

very great number of these criminals were guilty of economic crimes,

and doubtless did not commit these in a state of intoxication, the

percentage of those who must have committed crimes of vengeance in such

a condition becomes very large.

France.

At the penitentiary congress at Brussels Marambat reported that out of

a total of 787 convicted of homicide, assault, etc., studied by him,

there were 260 or 33% who committed their crimes in a state of

drunkenness. [1030]

Hungary, 1897.

At the same congress Dr. J. Fekete stated that in 1897, 75% of the

25,000 street brawls, 66% of the 1,574 cases of resistance to the

authorities, 50% of the 13,564 serious assaults, and most of the

homicides were committed in a state of intoxication. [1031]

Massachusetts, 1894–1895. [1032]

Crimes. Percentage of Crimes

Committed in a State

of Intoxication.

Malicious mischief 70.0

Homicide 64.7

Threats and violence 59.6

Murder 25.0

Resistance to officers 19.0

Norway, 1886–1889. [1033]

Crimes. Percentage of Prisoners

who had Committed their

Crimes in a State

of Intoxication.

Resistance to officers 81.8

Homicide 66.6

Assault 55.0

Threats 40.0

Netherlands, 1901.

The criminal statistics of the Netherlands being among the few that

give any information upon this point, the following table is of real

importance: [1034]

Crimes. Percentage of Convicts

who Committed their

Crimes in a State

of Intoxication.

Serious assaults 51.88

Resistance to officers 58.04

Malicious mischief 41.69

Threats 39.77

Assaults 31.27

Sweden, 1887–1897.

During this period, out of 2,020 convicted of crimes against the

authorities, 1,648, or 81.5%, had committed their crimes in a state of

intoxication, and 4,358, or 67.4% out of 6,464 convicted of murder,

homicide, and other crimes of violence. [1035]

Switzerland, 1892–1896.

The official statistics for these years tell us that 34.8% of the

assaults and homicides were caused by alcohol. [1036]

It cannot be claimed, of course, that none of these crimes would have

been committed if their authors had not been drunk, but everyone will

agree with me that these high percentages show that acute alcoholism is

a very important cause.

We have now reached the end of our remarks upon the etiology of these

crimes, and have shown that the principal causes are, first, the

present structure of society, which brings about innumerable conflicts;

second, the lack of civilization and education among the poorer

classes; and third, alcoholism, which is in turn a consequence of the

social environment. [1037]

What part is played in these crimes by the so-called individual

factors? It seems to me that it is like that which the individual

factors play in other crimes—they explain in part which are the

individuals that commit the crimes, but they do not explain why the

crimes are committed.

This is totally contrary to what many criminologists claim, namely that

it is especially the effect of individual factors that is seen in these

crimes. Statistics prove the inaccuracy of this. If it were true these

crimes ought to appear equally in all classes of society, which, as we

have seen, is not the case. A choleric person naturally runs more

danger of committing such a crime than one who is phlegmatic; but no

one will deny that in all classes the proportion of the persons born

with a choleric disposition is the same. However, the influence of

environment brings it about that in the well-to-do classes even the

choleric run little danger of such a crime. Superficial civilization

(for a veneer is all that a great part of the bourgeoisie possesses) is

sufficient to limit these crimes to an insignificant minimum.

The obviousness of the reasons which have caused these acts to be

classed as crimes is such that it is needless to speak of them. In a

society like ours, with its numerous conflicts and its dense

population, life would be impossible if the individual were not

forbidden to avenge himself personally. Sociology teaches us that

vengeance, at first permitted, and even obligatory, has become a

prohibited act, because of the great harm it does to society. [1038]

B. Infanticide.

There are two chief motives for infanticide, which operate separately

or together, namely, fear of dishonor, and poverty. We shall speak

first of the former and put the question to begin with, what sort of

persons are guilty of this crime? Criminal statistics answer that—

First, they are, almost without exception, women.

Second, they are unmarried women much oftener than married.

Third, the guilty are almost exclusively very poor. According to

Italian statistics 88.1% of them are indigent; in Austria, 90.8%; and

there are no rich or well-to-do women among them.

Fourth, the women of the working class are much more often guilty than

those of the independent class, and the class of domestics furnishes

especially a very high figure (Germany). These results are confirmed by

the data of other countries. In Austria 80% of those convicted between

1880 and 1882 were domestics, [1039] and in France the same was true of

35% of those convicted between 1876 and 1880. [1040]

Fifth, the women working in the fields are especially likely to fall

into this crime (Germany); the data of other countries also show that

it is especially in the country that infanticide is committed. Dr.

Socquet shows that in France between 1871 and 1875 there were, to the

million inhabitants, 35 persons arraigned out of the rural population,

and 22 to the urban. [1041]

Sixth, illiteracy is very frequent among those convicted of

infanticide. We have seen that in Austria 39.5%, in France 20.0%, and

in Italy 92.9% were illiterate. Women knowing more than how to read and

write were not found among these criminals.

Most of the cases of infanticide are identical; it generally is, as

Fournier says, “a girl who has allowed herself to have a child without

the permission of the municipality”, and who has been abandoned by her

lover.

The ruling moral ideas place before her a frightful dilemma; if her

pregnancy is known by those about her and the child remains alive, she

is covered with ignominy, and a painful life awaits her. On the other

hand if she makes the child disappear, the others ignore everything,

and she avoids dishonor and its consequences. She therefore attempts to

conceal her pregnancy as long as possible, in the hope of a

miscarriage. But when she finds herself disappointed, when not only

terrible physical pains, but also mental tortures are making her almost

mad [1042]—then it happens that she kills her child.

Statistics show that most of these crimes are committed by women of the

lower classes. The number of unmarried mothers is here relatively

great; infanticide is quite rare (though a little more frequent than

one would suppose from the criminal statistics). There must be special

circumstances, therefore, to lead some of these women to this crime. As

we have seen in treating of marriage, the ideas of intimate relations

between persons who are not married are much less severe in the

proletariat, than in the bourgeoisie (a consequence of the fact that

the social causes of marriage are much less strong in the latter than

in the former), so that among the proletariat these relations are

pretty common. If they have consequences, the father and mother

generally marry. In this case the idea of killing the child does not

come to the woman. The unmarried mothers (very often domestics), who

are guilty of this crime are especially those who, seduced and then

abandoned by men of a higher class, have no family that can receive

them.

Besides women of the working class, there are also among the

infanticides some of the petty bourgeoisie, where the moral disapproval

of extra-matrimonial sexual commerce is very severe.

Not all women who find themselves in the situation described commit the

crime in question, of course. One will reason more than another, and

will prefer dishonor to the danger of a criminal trial; one woman has

the maternal instinct more fully developed than another, etc. In

relation to the social sentiments we see here a situation contrary to

what occurs in the case of most crimes. Crime is an egoistic act, that

is to say an act which injures the interests of others. This is true of

infanticide, but this differs from most of the other crimes in being

committed to escape moral disapproval, while they are committed only to

obtain a personal profit or to satisfy the passions. This is why those

guilty of infanticide are not generally those whose social sentiments

have little intensity, as is mostly the case with those who are guilty

of economic or sexual crimes. Infanticides are persons sensitive to the

opinion of others, while those who have little social feeling easily

bear shame. [1043]

These individual differences explain in part which are the individuals

who become guilty of the crime in question, but not the cause of its

existence. There are only a few crimes whose social origin is as clear

as that of infanticide. If the present structure of society did not

make the present form of marriage necessary, and thus bring about moral

disapprobation of extra-matrimonial sexual relations, there would be no

infanticide caused by fear of dishonor. [1044]

The repression of some of the strongest natural desires, required by

our present society, is so great that these requirements are bound to

be violated by some individuals in whom these desires are very

pronounced. This is true not only in the sphere of the economic life,

but also in that of the sexual life. As long as cupidity is awakened in

many, while only a few can satisfy it, theft will exist; as long as the

satisfaction of the sexual desires is permitted only after certain

economic conditions have been complied with, the prohibition will be

violated, and some persons will try to destroy the evidence of their

acts. [1045]

Besides the fear of shame, poverty also plays a part in the etiology of

infanticide. Again, it is the two motives combined that are

responsible. The great number of infanticides among domestics are not

committed simply from fear of shame, but also because the mother,

abandoned by everyone (especially in a country where inquiry into

paternity is prohibited) does not know how to support her child.

Besides these cases there are some committed from poverty alone, for

example when married women commit this crime (something, it should be

added, which happens very rarely).

Some statistical data will show that poverty is a fairly important

factor in the etiology of infanticide. Dr. Weiss shows that in Belgium

infanticide increased greatly in the years that were bad economically

(see p. 63 of Pt. I), and Dr. Starke does the same for Prussia (see p.

66). [1046]

As we have pointed out above, infanticide for the cause of poverty was

quite general among primitive peoples, since they were not in a

position to support a large population. It was for this reason that the

act was not considered immoral, and that it was even required in some

cases. In consequence of the continually increasing productivity of

labor, infanticide fell more and more into desuetude, and at the same

time was considered more and more reprehensible. [1047]

CHAPTER V.

POLITICAL CRIMES.

Finally we have still to treat of political offenses, offenses which,

in comparison with others, occur very rarely, and which by their nature

are totally different. [1048]

The origin of the state, and the possibility of political crimes, are

bound up with a certain phase of the development of the economic life,

that is to say with the origin of marked contrasts of fortune. Those

who had monopolized the power in the state defended their position by

laws whose infraction was threatened with severe penalties. Economic

conditions, however, undergo considerable changes, and when these have

reached a certain degree, the oppressed class, having become the more

powerful, breaks the political power of the ruling class and seizes it

for itself. If the dominant class does all that it can to maintain its

position unimpaired to the last moment, it will necessarily happen that

this development will lead to political crimes. This kind of political

crime may be called great political criminality. In western Europe the

last great struggle of this nature was that of the feudal classes and

the bourgeoisie. The former, once necessary, had become superfluous and

harmful; the bourgeoisie on the other hand, from an insignificant class

had become the most important. It overturned the whole political system

which embarrassed it, seized the power, and transformed the state

according to the exigencies of the economic system. A repetition of the

same process in eastern Europe we are now witnessing in the changes

going on in Russia. The economic development no longer corresponds to

the political system, which sooner or later will inevitably be replaced

by the modern system.

Criminality and economic conditions · 第 19 / 22 章