FRANCE.

Professor Lombroso is unremitting in bringing up new facts in support

of his doctrines. His _Nouvelles Recherches de Psychiatrie et

d’Anthropologie criminelle_ (New Researches in Psychiatry and Criminal

Anthropology) comprise a good many, gathered from the latest works

relating to criminality. In adding psychiatry to anthropology in the

title to this volume, writes the learned author, “I return to my

starting point and to the true source of these studies, which is only

a clinical demonstration, but a more perfect one, of what is called in

old psychiatry, moral insanity and masked epilepsy.” Lombroso may be

reproached with a certain exaggeration, a certain haste, in his views

respecting criminal man: yet can we conceive of an opinionated inquirer

who would not have faith in his work, and who could resist the desire

to generalise from the facts already obtained? But I have little doubt

that the works of his school will end in producing a precise conception,

which will force itself on the attention of legislators and jurists. I

say _precise_, because one has a glimpse of the truth in criticising

the evidence offered to us in such variety, though what one perceives

sometimes vanishes.

How can we conceive of the criminal type? This is a prime question on

which it is not useless to insist. Crime, as M. Tarde tells us, has

become a real profession in our modern societies. Although there is some

truth in it, we must not allow ourselves to be deceived by the subtle

form of this paradox. There is no want of delinquents carrying on a

business; the army of crime recruits itself from all classes, it includes

peasants and workmen, chemists and physicians, lawyers and merchants,

soldiers and poets, that is to say, subjects possessing some one at least

of the aptitudes which form a calling. We have here, then, on the one

side, wretches destitute of all aptitude for a trade, and on the other

men who do not adhere to the exercise of their profession, although

capable of making use of it. The delinquent appears to us, in short,

as stricken with some degree of professional incapacity, and if crime

has become a profession in some sort, the criminals of every category

first represent, if I may thus say, a professional or social waste. The

study of the causes and the signs of this waste is just what has been

undertaken.

The social causes of crime have often been put in prominence. They are

numerous, and persons unacquainted with these questions are inclined to

attribute the largest proportion of crimes and offences to distress and

misery. But, according to the inquiries of Morrison, for example—and by

the confession also of M. Troal, of whom I shall speak immediately—misery

rarely produces crime, and if we examine carefully, one after the other,

the social causes of crime, we shall soon be convinced that poverty,

drunkenness, etc., feed criminality by producing degeneracy of the race,

rather than that they directly arouse the criminal.[79] We are compelled

then to seek the immediate reason for a crime in the criminal himself,

and to learn to distinguish the delinquent by means of the methods fixed

upon by anthropologists and physicians.

At first, as we know, Lombroso recognised only one criminal type. He has

since found that there are many. The distinction between the thief and

the murderer is classical. Benedikt has described the born vagabond;

Brouardel, the feminine type. It is always necessary in describing a

type to resort to the methods of natural history, to pass in review the

emotional and intellectual characters, the physiological or functional

characters, the anatomical or morphological characters, and endeavor

to seize certain constant correlations between the signs one has been

successful in observing. The delinquent may be described as abnormal

from the emotional standpoint, and as deficient or perverted from the

intellectual point of view. We could then begin by describing exactly

certain intellectual and emotional types, and it is no exaggeration

to say that experienced magistrates in their way have done so, those

even who, with M. Proal, we shall see to be the most hostile to

anthropological theories. But they are reluctant to admit any relations

between the moral agent and physical nature, whereas the new school, on

the contrary, makes every effort to discover and determine them.

How far is it successful? That is the question.

If we take the ensemble of the emotional and intellectual characters, we

shall affirm with Professor Pelman (whose opinion Mr. Christian Ufer has

made known in _The Monist_) that the portrait of the imbecile traced by

Sollier corresponds strongly to that of the born criminal of Lombroso.

We shall aver also that this portrait does not answer equally well for

all kinds of delinquents, and that we pass gradually from the malignant

imbecile to the average or mediocre man. The same observation applies

when we study the physiognomical characters of which the little book of

Lombroso furnishes a great variety. We shall have evidently to consider,

with respect to physiognomical characters and physical marks, a strong

type (certainly inborn), a weak type, and, I would add, an _acquired_

type.

If we take functional anomalies—those of touch, sight, etc.—we shall be

struck with their number as well as with their importance, and, I may say

in passing, the alienist physicians who continue to be the adversaries

of Lombroso discover every day fresh examples of them, which could

give to the conception of the type, the reality they still deny it to

possess. The latest discovery, and certainly one of the most striking,

is that which Ottolenghi has just made, in the clinic of Lombroso

himself, respecting the visual field of epileptics and of the morally

insane. According to the researches of Ottolenghi, the visual field will

be remarkably limited, both with epileptics not in paroxysms, and with

born delinquents, but more often with the latter. They present a partial

hemiopia, vertical and heteronymous; the periphery of the field is

sinuous and irregular. This discovery tends, then, to confirm the analogy

of epilepsy with criminal tendencies; it will furnish a sign of the first

order for a well marked category of delinquents.

Let us pass on to morphological characters. The abundance of evidence

is truly extraordinary, and one cannot abstain from remarking, in this

relation, that a certain number of the anomalies designated ought to

be found, and indeed are found, in morally healthy subjects, and that

therefore they do not alone suffice to furnish a ground of distinction

from the medium normal type. As certain functional anomalies are not

wanting either in many subjects whose morality remains perfect, it would

be necessary to aim, it seems to me, at establishing an approximate

_quantum_ for the criminal type, or rather for the _kinds_ which ought to

lead, by sensible gradations, from the most pronounced type to that which

is the least so. Some scattered elements of this work will be found in

the book of Lombroso; the studies of Clouston on the palate (deformation

of the palate existed in 19 per cent. of the general population, 61

per cent. of imbeciles, 35 per cent. of criminals, and 33 per cent. of

madmen); the monographs of Ottolenghi and Roncoroni on the pathological

anomalies of 100 criminals, with an indication of the number and the

nature of the anomalies, etc.

In short, it cannot be questioned that the new school holds its ground

well, since it circumscribes and makes more and more precise the object

of its researches. In my humble opinion, it is of importance for it to

get rid of hazardous or useless explanations, for it to tell us as little

as possible of remote atavism—for if heredity is constant, it is not

possible to trace it link by link as far as the deluge!—and finally for

pure anthropologists and psychiatrists to beware of themselves drawing

practical conclusions from their doctrines. The applications concern

jurists, and constitute a question of another kind, into which other

considerations also enter.

* * * * *

In the juridical domain, a French magistrate, M. LOUIS PROAL, has

just published a considerable work, _Le Crime et la Peine_ (Crime and

Punishment) which is truly the performance of an adversary, but not of

such an adversary as M. Tarde. M. Proal is an irreconcilable, and all

his dialectic—charged a little too much with citations of which many are

useless or prove nothing—turns on the absolute affirmation of free-will.

He flatters himself to have demonstrated freedom, in which he is wrong.

It is a matter of faith, as criticists have very well perceived. Human

science can know only determinism; it proves only what it finds.[80]

M. Proal claims then to found on free-will the two principles of the

moral responsibility of the delinquent, and the moral character of

punishment, in opposition to the purely social point of view in which

the new criminalists place themselves. The physical anomaly of the

criminal seems to him a chimera, and he goes so far as to deny, or falls

little short of it, the relations of frenzied impulsion with degeneracy.

Willingly, perhaps, he would accept as truly mad and irresponsible only

the insane, those who are shut up forever in the asylums!

Certainly, M. Proal possesses the experience of the magistrate, he

has erudition and triumphs easily, in details, by the defects and

deficiencies of the doctrine he combats. His objections, nevertheless, do

not touch the general conception which connects crime, in a great number

of cases, with the disorders of the living machine. He is not willing

for the criminal to differ from the honest man otherwise than by his

inclinations and will, as though will and inclinations had no dependence

on the state of our organs, and as though heredity entered for nothing

into the “personal factor” of character! He is not averse to saying that

moral and physical decadence is always the effect of criminality, as

though it was never its cause! He allows with that attenuations of moral

responsibility, resulting from physiological and physical influences, as

though a weakened responsibility was a true moral responsibility in the

sense he understands, and as though the judge had the means of deciding

at what moment morbid evolution involves irresponsibility!

These absolute principles once established, he defines an offense “the

violation of a social duty,” and he grants that the judge “ought to take

account of the importance of the social evil resulting from the crime.”

It is sufficient for him that the _intention_ and the _responsibility_

is appreciated, in order to attach the penalty to morality. In default

of which, writes he, there would be no more justice. It is a noble

solicitude, that of wishing to justify punishment in the eyes of the

guilty person himself, and to inflict it on him as an expiation of the

evil he has committed. But here an error is fallen into, which is, in

my opinion, to suppose that the law punishes “morally.” The law has

not the power to inflict moral chastisement. It strikes the delinquent

materially, in his goods, in his person; the rest depends not on the

judge who applies the law, but on the judge who is in ourselves,

the avenger more or less severe according to the complex incidences

of education and heredity. Moral chastisement can exist only in the

conscience of the delinquent, and, if this conscience is wanting, or

nearly so, all the affirmations of the judge cannot cause the punishment

to have the quality of moral expiation for the guilty. The criminal will

submit to it through force, and the magistrate will apply it by necessity.

Such is, I think, the true situation. The new school of criminology

will introduce reforms in the practice of the tribunals and in the

administration of the penal laws; it will not change justice and could

not compromise morality. And now pardon me for adding to these some

further remarks, in connection with the books of which I have still to

speak.

* * * * *

The interests and the passions of men, habits too long acquired to alter,

can be considered as the immediate and constant motives of societies,

the _vis à tergo_ of their evolution. Political theories work on a

pre-existing social matter, and more or less in the direction of the

tendencies which have produced the state of things that they aspire to

reform or overturn. In a general manner, they possess then neither the

power necessary to create, attributed to them by utopists, nor the power

to destroy, which makes them appear so formidable to conservatives.

Without denying all efficiency to the intellectual ideal, it is

permissible to say that its action has a bearing purely conditional,

and that the revolutions of growth of social organisms never absolutely

depend on the theorist who establishes its diagnosis, and endeavors to

regulate its march. We behold, in a word, history making itself, rather

than that we make it ourselves and according to our inclination. It is

hardly possible for us to foresee the remote effects of our inventions,

of our discoveries. In sociology as well as in physics, man remains the

servant and the interpreter of nature.

There is in this, if I am not deceived, a reason for reassuring ourselves

concerning certain alarming predictions as to the future of our

civilisation. In his book _La Civilisation et la Croyance_ (Civilisation

and Belief), the second edition of which has just appeared, M. CHARLES

SECRÉTAN estimates that our societies will sink down, at least that they

will neither return to a purified Christianity—a Christianity that has

never yet been practised—nor restore the great principles of the free

soul and of God. M. Secrétan is a brilliant writer and has a noble heart,

and his book contains at least one truth of the first order, always good

to repeat, which is that nothing durable is founded on hatred. He dare

not flatter himself, however, that his warnings will be listened to, his

lessons observed. Perhaps he exaggerates the real dangers which menace

us, because he enlarges, unknown to himself, the rôle of philosophic

doctrines, and attributes to the mind a kind of discretionary power over

the sentiments and the interests of mankind.

Here we have the intellectualist mistake. It appears chiefly in the

revolutionist propaganda which agitates our Europe, and of which M.

J. BOURDEAU makes known the ideas and the progress, in a clear and

interesting manner, in his work _Le Socialisme allemand et le Nihilisme

russe_ (German Socialism and Russian Nihilism). It is a fact well worthy

of remark, that the genial promoter of the theories of Fourier, St.

Simon, and others—I refer to J. J. Rousseau—had had the conjecture of a

social physiology: fragments of his that have been published show well

that he did not regard the age of gold as one of savagery, and that

he foresaw the part that human nature had to do in our calculations

of government. What is found just in his writings could even well be

intimately connected with this naturalist point of view. But he lived

in the century _par excellence_ of rationalism, where such ideas could

be neither developed nor understood; he constructed the political world

according to reasoning, and I shall not be far wrong in thinking that

socialism represents in its turn, definitively, at least in its essential

features, a last offshoot from this rational school which has already, a

hundred years ago, made us the villainous present of Jacobinism.

Absolute communism has no chance of ever realising itself. Neither Karl

Marx, nor Engels, has ventured even to indicate the possible form of

the society of which they dream. The action of the socialists, in turn,

could have as its result the substitution for our régime of excessive

individualism and of disordered democracy, a régime of corporations and

of more regular co-operation, by one of those reversions to institutions

anciently delineated that history presents to us, and which respond to a

sort of “law of oscillation” of social phenomena. There is no occasion,

however, to give it long consideration to establish that these returns

do not exclude novelty, for the apparent form of social arrangements is

of less moment than the nature of the ideas and of the relations which

sustain them, and here is what I would readily call a “law of progressive

repetition.” As to the exact sense of the evolution which there manifests

itself, the great task of disengaging it falls to the sociologists. But

the school of Marx has wished to see things only from one side, and his

theory, which is too simple, does not embrace the complexity of the

phenomena.[81]

Without any pretension to renew the face of the world and to interpret

economic phenomena in favor of an arbitrary thesis, M. AD. COSTA, in his

opuscule _Alcoholisme ou Épargne_ (Alcoholism or Thrift) places before

us the truly immediate question of socialism, in the presence of this

“social dilemma” which reformers willingly mask in their discourses:

on one side, alcoholism, life from day to day, the unreasonable and

momentary illusion that one imbibes with stimulants, the wasting of daily

resources, finally the pauperism which leads to social servitude; on the

other side, thrift under all its forms, a provident life ordered with

intelligence, abstention from dangerous stimulants, progressive comfort

and increasing happiness, more and more freedom. Yes, here are the two

issues between which the workers have to choose. Those who read this

little book can learn there, both what milliards of salaries alcohol has

devoured, and what misery both physical and moral it engenders, and the

degradation that it brings to those who give themselves up to it. To

many this may be only the small side of a great problem. Without thrift

and the qualities which render it possible, there is neither family nor

morality. How can a man pretend to possess instruments of labor when he

deteriorates the chief of all, his own living machine? How can a social

class have the illusion to believe that a revolution ever profits him who

is neither able nor capable of preparing and conducting it?

* * * * *

The last work of M. E. DE LAVELEYE, _Le Gouvernement dans la Démocratie_

(Democratic Government),[82] published a few months before his death,

treats chiefly of the organisation of public powers. This question has

importance to-day, writes the learned author, only in relation to the

great questions which will agitate the world of to-morrow, the social

question and the religious question. Conservatives make use of government

as a brake; revolutionists seek to seize hold of it as a lever. The fact

is that our Europe marches towards democracy. But will democracy give

us freedom? On what conditions can it form an acceptable régime and one

compatible with high culture?

It is not necessary for me to explain here the reasonings and conclusions

of M. de Laveleye. His book, to speak the truth, is less a book than a

collection of Review articles and historical sketches. The politics of

action will find in it too much theory, and philosophers will regret the

absence of master-ideas. It is well to read this work for its practical

advice and the rich details that it contains; we must not look there for

a real historical or social conception.

The sentiment which is dominant, finally, in all the writings of which

I have just spoken is inquietude, and unfortunately it is only too well

justified. We see, in our Occident, alcoholism increasing with salaries,

the hatred of classes with wealth, immorality with enfranchisement,

public burdens with political progress, the aggregation of individuals

with great industry, criminality even with education. The wealth acquired

is compensated for by new evils; it seems that all our conquests have the

result of putting social order in peril, and that the civilisation of

which we are so proud is bound, in a short time, to become bankrupt.

We have, nevertheless, a weighty capital with which to restore ourselves,

and it is only right to say that it is beginning to be applied. But we

must give up some errors as to which it is good time to open one’s eyes.

One of the gravest, certainly, is always to place instruction before

education, and the mind before the heart. We have allowed to drop, at

the same time with religion, the difficult task of forming moral habits.

Let us understand in a word that, in a society, the most valuable thing

is neither the steam engine, nor the bank note, but the man himself,

and that in the man even it is not ability or special knowledge but

_character_.

The Monist, Vol. 2, 1891-1892 · 第 345 / 390 题