Since the theory of historical materialism, which I prefer to call

economic determinism, has demonstrated that political, moral and

intellectual phenomena are reactions on the economic conditions of any

time and place, the attempt has been made to interpret this theory very

narrowly and to pretend that the economic condition of a nation is a

primary cause and not determined by any other. For my part, ever since I

have demonstrated the perfect accord between the Marxian and the

Darwinian theories, I have said: Very well, the economic conditions of a

nation explain its political, moral, intellectual conditions, but the

economic condition is in its turn the result of other factors. For

instance, how can the industrialism of England in the nineteenth century

be explained? Take away the coal mines (the telluric environment), and

you could not have the economic conditions of England as they are. For

the economic conditions are a result of favorable or unfavorable

telluric conditions which are acted upon by the intelligence and energy

of a certain race. Catania, Messina, Syracuse, are in a better economic

condition, because they have better geographical conditions and a

different race (of Grecian blood) than the other Sicilian provinces. So

it is in Apulia and Naples, which have likewise a considerable mixture

of Grecian blood. The northern tourists are still attracted by our art

and visit the ruins of Taormina or Pesto, which are the relics of the

Grecian race. And it is the Grecian blood which explains the lesser

frequency of bloody crimes in those provinces. This is therefore

evidently the influence of the race. And I maintain that the same fact

is due in the province of Benevent to the admixture of Langobardian

blood. For the Duchy of Benevent has had an influx of Langobardian

elements since the seventh century. And as we know that the German and

Anglo-Saxon race has the smallest tendency towards bloody crimes, the

beneficial influence of this racial character in Benevent explains

itself. On the other hand, there is much Saracen blood in the western

and southern provinces of Sicily, and this explains the greater number

of bloody crimes there. It is evident that the organic character of the

inhabitants of that island, where you may still see the brutal and

barbarian features of the Saracen by the side of those of the blond,

cool and quiet Norman, contains a transfusion of the blood of diverse

races. But it is also true that wherever a certain race has been

predominant, there its influence is left behind in the individual and

collective life.

Let this be enough so far as the anthropological factor of criminality

is concerned. There are, furthermore, the telluric factors, that is to

say, the physical environment in which we live and to which we pay no

attention. It requires much philosophy, said Rousseau, to note the

things with which we are in daily contact, because the habitual

influence of a thing makes it more difficult to be aware of it. This

applies also to the immediate influence of the physical conditions on

human morality, notwithstanding the spiritualist prejudices which still

weigh upon our daily lives. For instance, if it is claimed in the name

of supernaturalism and psychism that a man is unhappy because he is

vicious, it is equivalent to making a one-sided statement. For it is

just as true to say that a man becomes vicious because he is unhappy.

Want is the strongest poison for the human body and soul. It is the

fountain head of all inhuman and antisocial feeling. Where want spreads

out its wings, there the sentiments of love, of affection, of

brotherhood, are impossible.

Take a look at the figures of the peasant in the far-off arid Campagna,

the little government employee, the laborer, the little shop-keeper.

When work is assured, when living is certain, though poor, then want,

cruel want, is in the distance, and every good sentiment can germinate

and develop in the human heart. The family then lives in a favorable

environment, the parents agree, the children are affectionate. And when

the laborer, a bronzed statue of humanity, returns from, his smoky shop

and meets his white-haired mother, the embodiment of half a century of

immaculate virtue and heroic sacrifices, then he can, tired, but assured

of his daily bread, give room to feelings of affection, and he will

cordially invite his mother to share his frugal meal. But let the same

man, in the same environment, be haunted by the spectre of want and lack

of employment, and you will see the moral atmosphere in his family

changing as from day into night. There is no work, and the laborer comes

home without any wages. The wife, who does not know how to feed the

children, reproaches her husband with the suffering of his family. The

man, having been turned away from the doors of ten offices, feels his

dignity as an honest laborer assailed in the very bosom of his own

family, because he has vainly asked society for honest employment. And

the bonds of affection and union are loosened in that family. Its

members no longer agree. There are too many children, and when the poor

old mother approaches her son, she reads in his dark and agitated mien

the lack of tenderness and feels in her mother heart that her boy,

poisoned by the spectre of want, is perhaps casting evil looks at her

and harboring the unfilial thought: "Better an open grave in the

cemetery than one mouth more to feed at home!"

It is true, that want alone is not sufficient to prepare the soil in the

environment of that suffering family for the roots of real crime and to

develop it. Want will weaken the love and mutual respect among the

members of that family, but it will not be strong enough alone to arm

the hands of the man for a matricidal deed, unless he should get into a

pathological mental condition, which is very exceptional and rare. But

the conclusions of the positive school are confirmed in this case as in

any other. In order that crime may develop, it is necessary that

anthropological, social and telluric factors should act together.

We generally forget the conditions of the physical environment in which

we live, because supernatural prejudice tells us that the body is a

beast which we must forget in order to elevate ourselves into a

spiritual life. Manzoni could designate the Middle Ages by the term

"dirty." because they neglected the demands of elementary hygiene, and

thus of human morality. For where the requirements of our physical body

are neglected or offended, there no flower can bloom. The telluric

environment has a great influence on our physical activity, by way of

our nervous system. We feel differently disposed, according to whether a

south or a north wind blows. When Garibaldi was on the Pampas, he

observed that his companions were irascible and prone to violent

quarrels, when the Pampero blew, and that their behavior changed, when

this wind ceased. The great founders of criminal statistics, Quetelet

and Guerry, observed that the change of seasons carried with it a change

in criminality. Sexual crimes are less frequent in winter than in spring

and summer. And with reference to this point I have maintained, and

still maintain, that it is due to the combined effects of temperature

and social conditions, if crimes against property increase in winter.

For lack of employment, the want of food and shelter, intensify the

misery and lead to attacks on property. On the other hand, the cold by

itself reduces sexual crimes and personal assaults. And those who claim

that the longer intercourse between people in summer time has also a

social influence, are also partly in the right.

The most eloquent fact in this respect was mentioned by Murro, when he

pointed out that this change in the frequency of bloody crimes, greater

in the warm months than in winter, applied also to prisoners. Statistics

show that breach of discipline is most frequent in hot seasons. The

social factor does not enter there, because the social life is there the

same in winter and in summer. This is, therefore, a practical proof of

the influence of climate, and it is re-enforced by the fact that

delirium and epilepsy in insane asylums are also more frequent in hot

than in cold months. The influence of the telluric factors, then, cannot

be denied, and the influence of the social factor intensifies it, as I

have already shown by its most drastic and characteristic example, that

of want. One can, therefore, understand that a man, whose morality has

been shaken by the pressure of increasing want, may be led to commit a

crime against property or persons.

It is certainly quite evident, that economic misery has an undeniable

influence on criminality. And if you consider, that about 300,000

criminals are sentenced in Italy every year, 180,000 of them for minor

crimes, and 120,000 for crimes which belong to the gravest class, you

can easily see that the greater part of them due mainly to social

conditions, for which it should not be so very difficult to find a

remedy. The work of the legislator may be slow, difficult, and

inadequate, so far as the telluric and anthropological factors are

concerned. But it could surely be rapid, efficacious and prompt, so far

as the social factors influencing criminality are concerned.

We have now demonstrated that crime has its natural source in the

combined interaction of three classes of causes, the anthropological

(organic and psychological) factor, the telluric factor, and the social

factor. And by this last factor we must not only mean want, but any

other condition of administrative instability in political, moral, and

intellectual life. Every social condition which makes the life of man in

society insincere and imperfect is a social factor contributing towards

criminality. The economic factor is in evidence in our civilization

wherever the law of free competition, which is but a form of disguised

cannibalism, establishes the rule: _Your death is my life_. The

competition of laborers for a limited number of places is equivalent to

saying that those who secure a living do so at the expense of those who

do not. And this is a disguised form of cannibalism. While it does not

devour the competitor as primitive mankind did, it paralyzes him by

calumnies, recommendations, protection, money, which, secure the place

for the best bargainer and leave the most honest, talented, and

self-respecting to the pangs of starvation.

Moreover, the economic factor exerts its crime-breeding influence also

under the form of a superabundance of wealth. Indeed, in our present

society, which is in the downward stage of transition from glorious

bourgeois civilization, which constituted a golden page of human

history in the 19th century, wealth itself is a source of crime. For the

rich, who do not enjoy the advantage of manual or intellectual work,

suffer from the corruption of leisure and vice. Gambling throws them

into an unhealthy fever; the struggle and race for money poison their

daily lives. And although the rich may keep out of reach of the penal

code, still they have condemned themselves to a life devoted to

hypocritical ceremonies, which are devoid of moral sentiment. And this

life leads them to a sportive form of criminality. To cheat at gambling

is the inevitable fate of these parasites. In order to kill time they

give themselves up to games of chance, and those who do not care for

that devote themselves to the sport of adultery, which in that class is

a pastime even among the best friends, on account of sheer mental

poverty. And all because man's mind unoccupied is the devil's own forge,

as the English poet says.

We have now surveyed briefly the natural genesis of crime, as a natural

social phenomenon, brought about by the interaction of anthropological,

telluric, and social influences, which in any determined moment act

upon a personality standing on the cross road of vice and virtue, crime

and honesty. This scientific deduction gives rise to a series of

investigations which satisfy the mind and supply it with a real

understanding of things, far better than the theory that a man is a

criminal because he wants to be. No, a man commits crime because he

finds himself in certain physical and social conditions, from which the

evil plant of crime takes life and strength. Thus we obtain the origin

of that sad human figure which is the product of the interaction of

those factors, an abnormal man, a man not adapted to the conditions of

the social environment in which he is born, so that emigration becomes

an ever more permanent phenomenon for the greater portion of men, for

whom the accident of birth will less and less determine the course of

their future life. And the abnormal man who is below the minimum of

adaptability to social life and bears the marks of organic degeneration,

develops either a passive or an aggressive form of abnormality and

becomes a criminal.

Among these abnormal human beings, two groups must be particularly

distinguished. Limiting our observations to those who are true

aggressively antisocial abnormals, that is to say, who are not adapted

to a certain social order and attack it by crimes, we must distinguish

those who for egoistic or ferocious reasons attack society by atavistic

forms of the struggle for existence by committing socalled common crimes

in the shape of fraud or violence, thereby opposing or abolishing

conditions in which their fellow beings may live. This is the atavistic

type of criminals which represents an involutionary, or retrogressive,

form of abnormality, due to an arrested development or an atavistic

reversion to a savage and primitive type. These constitute the majority

in the world of criminals and must be distinguished from the minority,

who are evolutionary, or progressive, abnormals, that may also commit

crime in a violent form, but must not be confounded with the others,

because they do not act from egoistic motives, but rebel from altruistic

motives against the injustice of the present order. These altruistic

criminals feel the sufferings and horrors due to the injustice

surrounding them and may go so far as to commit murder, which must

always be condemned, but which must not be confounded with atavistic or

egoistic murder. Recourse to personal violence is always objectionable

from the point of view of higher manhood, which desires that human life

should always be held in respect. But the reasons for such a crime are

different, being egoistic in the one, and altruistic in the other case.

The evolutionary abnormal is often an instrument of human progress, not

in the form of criminality, but in that of intellectual and moral

rebellion against conditions which are sanctioned by laws that

frequently punish such an evolutionary rebellion harder than atavistic

crime, as they do in Russia, where capital punishment has been abolished

for common crimes, but retained for political violations of the law! We

are living in an epoch of transition from the old to the new, and

contemporaneous humanity has an uneasy moral conscience in this critical

time. The ruling classes are losing their clearness of vision, so that

they promise monuments to those political murderers who promoted their

own historical victories, but would condemn like any common criminal him

who now devotes his soul to a revolutionary ideal, would throw into

prison the pioneer of new human ideals, just as Russia is

excommunicating the rebel Tolstoi. I mention Leo Tolstoi advisedly for

the purpose of giving a precise illustration of my heterodox thought in

reference to this question. We are opposed to any form of personal

violence (with the sole exception of self-defense), we cannot approve of

any form of personal assault, no matter what may be its motive.

Therefore we cannot have words of praise or excuse for political murder,

though it may be inspired by altruistic motives. We can demand that the

legislator should distinguish between the psychological sources of these

two forms of murder, the egoistic and the altruistic form. But we

condemn them both, because they are inhuman forms of violence. Ideas do

not make victorious headway by force of arms. Ideas must be combatted by

ideas, and it is only by the propaganda of the idea that we can prepare

humanity for its future. Violence is always a means of preventing the

sincere and fruitful diffusion of an idea. We do not say this merely for

the abnormals of the lower classes. We refer with scientific serenity

also to the upper classes, who would suppress by violence every

manifestation of revolt against the social iniquities, every affirmation

of faith in a better future.

This is the conception of our science, which thus succeeds in

distinguishing traits of character even among the unlucky and forlorn

people of the criminal world, while the classic school of criminology

regards a criminal as a sort of abstract and normal man, with the

exception of cases of minors, deaf mutes, inebriates, and maniacs.

In fact, the classic school of criminology regards all thieves as THE

thief, all murderers as THE murderer, and the human shape disappears in

the mind of the legislator, while it re-appears before the judge. Before

the essayist and legislator, the criminal is a sort of moving dummy, on

whose hack the judge may paste an article of the penal code. If you

leave out of consideration the established cases of exceptional and rare

human psychology mentioned in the penal code, all other cases serve the

judge merely as an excuse to select from the criminal code the number of

that article which will fit the criminal dummy, and if he should paste

404 instead of 407 on its back, the court of appeals would resist, any

change of numbers. And if this dummy came to life and said: "The

question of my number may be very important for you, but if you would

study all the conditions that compelled me to take other people's

things, you would realize that this importance is very diagrammatic,"

the judge would answer: "That's all right for the justice of the future,

but it isn't now. You are number 404 of the criminal code, and after

leaving this court room with this number pasted legally on your back,

you will receive another number, for you will enter prison as number 404

and will exchange it for entry number 1525, or some other, because your

personality as a man disappears entirely before the enactment of social

justice!" And then it is pretended that this man, whose personality is

thus absurdly ignored, should leave prison cured of all degeneration,

and if he falls back into the path of thorns of his misery and commits

another crime, the judge simply pastes another article over the other,

by adding number 80 or 81, which refer to cases of relapse, to number

404!

In this way the classic school of criminology came to its unit of

punishment, which it heralded as its great progress. In the Middle

Ages, the diversity of punishment was greater. But in the 19th century

the classic school of criminology combatted dishonoring punishment,

corporeal punishment, confiscation, professional punishment, capital

punishment, with its ideal of one sole penalty, the only panacea for

crime and criminals, _prison_.

We have, indeed, prohibitory measures and fines even today. But in

substance the whole punitive armory is reduced to imprisonment, since

fines are likewise convertible into so many days or months of

imprisonment. Solitary confinement is the ideal of the classic school of

criminology. But experience proves that this penalty has as much effect

on the disease of criminality, as the remedy of a physician would have,

who would sit in the door of a hospital and tell every patient seeking

relief: "Whatever may be your disease, I have only one medicine and that

is a decoction of rhubarb. You have heart trouble? Well, then, the

problem for me is simply--how big a dose of rhubarb decoction shall I

give you?"

And measuring doses of penalty is the foundation of the criminal code.

That is so true that this code is in its last analysis but a table of

criminal logarithms for figuring out penalties. Woe to the judge who

makes a mistake in sentencing a 19 year old offender who was drunk when

he sinned, but had premeditated his deed. Woe to the judge, if he misses

his calculation in adding or subtracting the third, or sixth, or one

half, corresponding to the prescribed extenuating or aggravating

circumstances! If he makes a miscalculation, the court of appeals is

invoked by the defendant, and the inexorable court of appeals tells the

judge: "Figure this over again. You have been unjust." The only question

for the judge is this: Add your sums and subtract your deductions, and

the prisoner is sentenced to one year, seven months, and thirteen days.

Not one day more or less! But the human spectator asks: "If the criminal

should happen to be reformed before the expiration of his term, should

he be retained in prison?" The judge replies: "I don't care, he stays in

one year, seven months, and thirteen days!"

Then the human spectator says: "But suppose the criminal should not yet

be fit for human society at the expiration of his term?" The judge

replies: "At the expiration of his term he leaves prison, for when he

has absolved his last day, he has paid his debt!"

This is the same case as that of the imaginary physician who says: "You

have heart trouble? Then take a quart of rhubarb decoction and stay

twelve days in the hospital." Another patient says: "I have broken my

leg." And the doctor: "All right, take a pint of rhubarb decoction and

17 days in the hospital." A third has inflammation of the lungs, and the

doctor prescribes three quarts of rhubarb decoction and three months in

the hospital. "But if my inflammation is cured before that time?" "No

matter," says the doctor, "you stay in three months." "But if I am not

cured of my lung trouble after three months?" "No matter," says the

doctor, "you leave after three months."

To such results have wise men been led by a system of penal justice,

which is a denial of all elementary common sense. They have forgotten

the personality of the criminal and occupied themselves exclusively with

crime as an abstract juristic phenomenon. In the same manner, the old

style medicine occupied itself with disease as such, as an abstract

pathological phenomenon, without taking into account the personality of

the patient. The ancient physicians did not consider whether a patient

was well or ill nourished, young or old, strong or weak, nervous or

fullblooded. They cured fever as fever, pleurisy as pleurisy. Modern

medicine, on the other hand, declares that disease must be studied in

the living person of the patient. And the same disease may require

different treatment, if the condition of the patient is different.

Criminal justice has taken the same historical course of development as

medicine. The classic school of criminology is still in the same stage,

in which medicine was before the middle of the 19th century. It deals

with theft, murder, fraud, as such. But that which claims so much of the

attention of society has been forgotten by the classic school. For that

school has forgotten to study the murderer, the thief, the forger, and

without that study their crimes cannot be understood.

Crime is one of the conditions required for the study of the criminal.

But, the same crime may require the application of different remedies

to the personalities of different criminals, according to the different

anthropological and social conditions of the various criminals. There is

a fundamental distinction between the anthropological and social types

of criminals, whom I have divided into five categories, which are today

unanimously accepted by criminalist anthropologists, since the Geneva

congress offered an opportunity to explain the misapprehension which led

some foreign scientists to believe that the Italian school regarded one

of these types (the born criminal) merely as an organic anomaly.

Just a word concerning each one of these five types.

The Positive School of Criminology Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 · 第 3 / 5 段