CHAPTER I

CESARE LOMBROSO

A MODERN MAN OF SCIENCE

BY

HANS KURELLA, M.D.

AUTHOR OF “NATURAL HISTORY OF THE CRIMINAL,” ETC.

TRANSLATED FROM THE GERMAN BY

M. EDEN PAUL, M.D.

[Illustration]

NEW YORK

REBMAN COMPANY

1123 BROADWAY

_All rights reserved_

------------------------------------------------------------------------

PREFACE

The subject of this little book is, as its title shows, Cesare Lombroso,

the man and the investigator; it makes no attempt to deal adequately

with Lombroso, the reformer of criminology and criminal sociology. To do

justice to Lombroso’s work in the latter respect would be impossible,

without at the same time writing the history of the Italian school of

“positive criminal jurisprudence” and that of the influence of that

school upon important tendencies of the public life of all the leading

civilized peoples. It would also be impossible without dealing at the

same time with the plan of the new German criminal code. For many

reasons I have refrained from any such attempt; above all, in view of

limits of space. None the less, I have dealt with Lombroso’s activity as

a reformer as far as this was essential in order to do justice to the

personality of the deceased investigator.

Certain brief sections of this book have, with considerable

modifications, been taken over from my earlier publications upon the

development of criminal anthropology. Entirely new, however, is the

attempt here made to demonstrate how high is the position Lombroso may

justly be said to have occupied in a brilliant epoch of positive study

of the world, of mankind, and of society. In order to illustrate the

positive mode of thought, I have in an Appendix, to which I especially

direct the reader’s attention, attempted a tabular statement of the

facts and documents of positivism during the middle decades of the

nineteenth century. The inclusion in this tabular statement of the

principal writings of Herbert Spencer is the result of mature

consideration and of a renewed careful study of his essay entitled

“Reasons for Dissenting from the Philosophy of M. Comte.” Comte’s

philosophy represents merely the reflection of positivism about itself,

and is no more than the introduction to the completer development of

positivism.

HANS KURELLA.

BONN, _Whitsuntide, 1910_.

PREFATORY NOTE BY THE TRANSLATOR

I take this opportunity of expressing my grateful acknowledgments to Mr.

Havelock Ellis, who read my translation in manuscript, and made many

valuable suggestions as to terminology.

M. EDEN PAUL.

MOORCROFT, PARKSTONE, DORSET.

_Christmas, 1910._

CONTENTS

CHAPTER PAGE

PREFACE v

I. ANTECEDENTS—LOMBROSO’S PREDECESSORS IN RESEARCH 1

II. CRIMINAL ANTHROPOLOGY 18

III. OPPOSITION TO LOMBROSO’S VIEWS—WOMAN AS CRIMINAL—THE

POLITICAL CRIMINAL—CRIMINAL PSYCHOLOGY 55

IV. GENERAL CONSIDERATIONS REGARDING LOMBROSO’S LIFE-WORK AS A

SOCIAL REFORMER, HIS METHODS, AND HIS PHILOSOPHY 106

V. THE SIGNIFICANCE OF CRIMINAL ANTHROPOLOGY 130

VI. CRIMINAL JURISPRUDENCE—PELLAGRA—AGRARIAN REFORM 139

VII. ENVIRONMENT AND THE THEORIES AS TO THE NATURE OF

GENIUS—LOMBROSO’S GENIUS AND PERSONALITY 158

APPENDIX A. LOMBROSO’S SPIRITUALISTIC RESEARCHES 167

APPENDIX B. LIST OF BOOKS CONSULTED 177

APPENDIX C. FACTS AND DOCUMENTS OF POSITIVISM 178

INDEX 182

CESARE LOMBROSO

CHAPTER I

ANTECEDENTS—LOMBROSO’S PREDECESSORS IN RESEARCH

Cesare Lombroso was born in Verona, as an Austrian subject, on November

6, 1835, and was the second child in a family of five. His father Aron

sprang from a Venetian mercantile family, whose origin can be traced

back to a colony of North African Jews, trading with Leghorn, Genoa, and

Venice. Again and again members of the Lombroso family settled in one or

other of these ports. The branch to which he himself belonged had lived

for several centuries in Venice and the Venetian territories on the

mainland, of which from the year 1448 onwards Verona formed a part; they

were patrician merchants, to whom the French occupation, occurring

before Lombroso’s father grew up, had brought full and equal privileges

of citizenship.[1] Several members of this Venetian family were

distinguished by characteristic and vigorous action on behalf of the

cause of enlightenment. In Virginia, North America, in the seventeenth

century, the brother of a direct ancestor of Cesare Lombroso, at a great

risk to himself of being burned alive, protested most energetically

against the belief in witchcraft, and declared that the reputed witches

were “hysterical” merely.

The French emancipation of Upper Italy was followed in 1814 by the

Austrian reaction, but the family suffered at this time from the decline

in economic prosperity (interrupted for a while in 1830, when Venice

became a free port) upon which its own well-being and patrician position

had been dependent.

The formation of the Hapsburg Kingdom of Lombardy and Venice put an end

for the time being to equality of civil rights for the Jews; and Verona

was one of the few towns of the district in which Jewish boys were

allowed to attend the Gymnasium (public school), now removed from the

control of the freethinkers, and handed over to that of the Jesuits.

When Lombroso’s mother, Zefira Levi, married Aron Lombroso in the year

1830, she stipulated that her children must be brought up in a place in

which it would be possible for them to attend the higher schools.

The marriage with Zefira Levi, who belonged to a rich family engaged in

the higher branch of industrial life, did not suffice to prevent the

onset of poverty; and the youth of the five children of the marriage was

passed in narrow circumstances. The mother, richly endowed both in mind

and in character, and deeply concerned regarding the upbringing and

culture of her children, remained her son’s confidant. She nourished in

him the love of freedom and the sense of independence, both of which

were dominant in her parental home at Chieri, one of the centres of

activity of the Carbonari. Chieri, an industrial town of Piedmont, lay

beyond the sphere of influence of Haynau and Radetzky, who, with the aid

of their Croats and Tschechs, encouraged the feudal and clerical

reaction in Venice, Verona, and Milan.

Lombroso’s father was an amateur as regards practical life, a man who

had grown up under the influence of the French spirit and in a perfectly

free social state, a man of great goodness of heart, but as little

fitted to cope with the influences of the economic decay of the Venetian

State as he was with those of the Austrian reign of terror.

During Lombroso’s childhood there occurred a conspiracy on the part of

certain Veronese patriots against the Austrian occupation, which was

suppressed by the wholesale hanging and shooting of the conspirators;

and when he was only thirteen years of age there took place the

temporary freeing of Milan and Venice from the Austrian yoke (1848), an

event in which the young men of Milan, the second largest town of the

old Venetian Republic, played a lively part.

Lombroso’s revolutionary tendencies in the field of science, and his

small respect for what was traditionally established, were doubtless

dependent upon the joint effect of the inherited tendencies and the

youthful impressions I have described. An important additional factor in

his development was his family’s loss of fortune, consequent upon the

political disturbances in Italy, which lasted until the re-establishment

of the Austrian dominion. It was only the courage and capacity of the

mother which saved the children from sinking into the ranks of the

proletariat; but some loss of social position was inevitable, and the

effect of this on Lombroso’s distinctive temperament may be traced in

the fact that he was a rebel from youth onwards, and strongly opposed

the (vitalistic) doctrines professed at the Universities by the sons of

the well-to-do. Thus it was also that he ventured a serious attack upon

the interests of the great landed proprietors of Upper Italy by his

descriptions of agrarian poverty and his bold exposition of the causes

of pellagra.

The influence of the philosopher Vico, whose works were eagerly studied

in secret at the Gymnasium (public school) of Verona, made him

acquainted at an early date with the importance of the principle of

organic development in relation to the structure and life of human

society. Vico was studied _in secret_, because the Gymnasium was under

the control of Jesuits with Austrian sympathies, who deliberately

discouraged all advanced ideas. In 1861 Lombroso wrote in his diary as

follows: “It may be said of my schooldays without exaggeration that I

was thrust back into an environment of persistent medievalism—not the

later sentimental revival of the Middle Ages in romance and drama—but

into the conditions that prevailed prior to 1789, literally restored by

the might of the bayonets of 1814. The memory of this forcible

discipline, which did violence to the inborn logical spirit, and visited

with severe punishment any protests against its methods, is so hateful

to me that even now it visits me in dreams like a nightmare.” At the

time of the introduction of Italian scholastic methods into the lands

under Austrian rule, the well-known utterance of the Kaiser Franz is

said to have originated: “I want, not educated, but obedient subjects.”

While still at school, Lombroso was also introduced to the evolutionary

idea by the writings and the powerful personal influence of the

physician Marzolo, who endeavoured by means of comparative philology to

explain the origin of the earliest religious and legal institutions.

Ceccarel, Marzolo’s biographer, in his first work on this investigator,

published in 1870 (by Priuli of Treviso), writes as follows: “In 1850,

when the first volume of Marzolo’s ‘Monumenti storici rivelati dall’

analisi della parola’ was published, certain periodicals reviewed the

book in the most favourable terms. But the writer himself was

disappointed by their remarks, for he saw that his well-meaning critics

had not really understood his ideas. Then one day he read in a journal

published in Verona an article in which full justice was done to his

book; he desired to make the acquaintance of this critic, whose name was

unknown to him, and whose real understanding of Marzolo’s views had

delighted the latter for the first time in several years, and had at

length rewarded him for his long and arduous labours. He imagined that

the writer of the notice must be an advanced but lonely scientific

thinker, one who owing to his private circumstances or on account of the

disturbed times had hitherto lived in retirement. But when the writer of

the review came to see Marzolo at Treviso, it proved to be a youth only

sixteen years of age—Cesare Lombroso—the first in all Italy to recognize

the genius of Marzolo, bringing the love of a son and the devotion of a

disciple.”

At the outset of Lombroso’s studies he was greatly influenced by reading

Burdach’s “Handbuch der Physiologie,” a work rich in anthropological

ideas. At the University of Pavia, Panizza[2] was the only man who had

much effect in shaping Lombroso’s mental development.

During the decade 1850 to 1860, on the other hand, Lombroso, as a

self-taught man, was simultaneously influenced by three great

contemporary and complementary tendencies—that of French positivism,

that of German materialism, and that of English evolutionism. With the

last-named he became acquainted through French intermediation. He never

had any clinical instruction in psychiatry. He read the works of

Charuigi, Griesinger, and the great psychiatrists of the school of

Esquirol.

Lombroso’s attitude towards German materialism, by which in youth he was

so powerfully influenced, is shown most clearly by two utterances of his

regarding Moleschott. The first of these occurs in the preface to his

Italian edition of Moleschott’s “Kreislauf des Lebens,” a translation

not published till 1869, though written in the early sixties. (In the

year 1854 Moleschott was expelled from Heidelberg on account of the

publication of this work; from 1861 to 1879 he was professor of

physiology in Turin.) The passage runs as follows (II.-III.): “At a late

hour, perhaps, and yet when the time was ripe, and unquestionably with

greater sincerity and fervour than has been the case with the other

Latin peoples, Italy took part in the scientific movement of which this

book formed the starting-point. But just because she was so tardy an

adherent, and in the endeavour, as it were, to make up for lost time,

some persons in this country are apt to go too far; not only do they

contest the old prejudices and the false authorities, but they also deny

or misunderstand facts, simply for the reason that those in the other

camp admit these facts, or because these facts appear to support the old

doctrines. Thus they often follow leaders who are not entirely to be

trusted, such as Büchner, Renan, and Reich; and they mistake

declamations and confused rhapsodies for sound arguments, oppose

fanaticism with fanaticism, and offer to their enemies the tools needed

for the reconstruction of the buildings which have just been razed to

the ground.”

The other passage occurs in his obituary notice on Moleschott, written

in 1893: “The whole course of modern science shows that the impulse it

received from the life-work of Moleschott is destined, not only to

persist, but to make further and more rapid progress. Moreover, the

reputed philanthropists, whose objection was not so much to the truth

itself as to the injurious consequences which they believed would follow

from its publication, must see to-day that certain truths, however

dangerous and alarming they may at first appear, lead ultimately to the

general advantage, and to the advantage even of that morality on which

it was at first supposed they would have a damaging effect. It no longer

distresses us when we see that morality, thanks to social physics and

political economy, must descend from its glittering but fragile

metaphysical altar, in order to find in utility a modest but secure

foundation, from which it becomes possible to render harmless or to

diminish that crime which hitherto has mocked at penal methods.”

In Vienna, in 1856, Lombroso passed the official examination for his

medical degree. Here the influence of Skoda, and Lombroso’s becoming

acquainted with the early works of Virchow, did not tend to induce in

him sentiments of toleration towards the vitalistic doctrines dominant

at the Italian Universities or towards the narrow circle of professors

owing their appointment to Austrian influence and interested in the

maintenance of these doctrines. He never ceased to be affected by this

early opposition to academic tradition and to academic circles; in fact,

it accentuated in him a certain natural tendency to paradoxes and

heresies.

The inclination to exact observation,[3] acquired through his contact

with German science, led him to the study, with record of weights and

measurements, of cretinism in Upper Italy;[4] from this to the

utilization of these methods for the instigation of an anthropometrical

investigation of the population of Upper Italy; and also to the study of

clinical psychiatry, at that time entirely neglected in Italy.[5] The

translation of Moleschott’s epoch-making writings gave a finish to

Lombroso’s conception of the world; he broke loose from the speculative

tendency of the psychiatry of the day, which at that time in Germany

also was assuming the most remarkable forms; he turned with repugnance

from the interminable discussions regarding the freedom of the will, and

began, in the case of the insane, of criminal lunatics, and of

criminals, to study their pathological anatomy (assisted here by Golgi),

their sensory impressions, and their anthropological—and more especially

craniological—peculiarities.

It is a well-known fact that from that day to our own the pathological

anatomy of the psychoses has not furnished much in the way of positive

results, not even to the most accomplished virtuosos of the methods of

staining the fibres of the brain. Lombroso, to whom in Pavia Golgi for a

long time acted as assistant, wisely refused to limit himself to the

study of pathological anatomy, but always investigated side by side with

this the clinical features of the psychoses and neuroses.

From the first he inclined to the view that the exact measurement and

description of skulls and brains would lead to the discovery of definite

distinctions between sane and insane criminals, between lunatics and

epileptics, etc.

Whilst he never ignored clinical observation and the study of the

sensory functions, he gave the first place to weights and measurements:

these were to him the guarantees of an exact method of procedure; and he

was led to borrow the instruments and methods of anthropology on account

of his postulate for an anthropology of lunatics and criminals. In his

interpretation of the facts thus obtained he was guided chiefly by the

sane materialism of Moleschott and by the Darwinian idea of the

variability of races. As a disciple of Vico, he saw nothing absurd in

the view that an apparently purely social phenomenon, such as crime, can

be organically caused.

The chance discovery of theromorphism (the expression is Virchow’s, and

denotes the presence in man of certain bodily peculiarities of one of

the lower animals) in the skulls of certain criminals, in the year 1870,

finally gave rise to the formulation of a uniform hypothesis regarding

the nature of criminality. Before the publication, in 1871, of the

elements of this theory, Lombroso was able to devote a year to the study

of the inmates of a large prison, being at the time Medical

Superintendent of the Provincial Asylum at Pesaro, where there was also

a large penitentiary. During the years 1871 to 1876, when he was once

more lecturer and professor-extraordinary at Pavia[6]—years during which

he published his studies on pellagra, and, in addition, a number of

anthropological and purely psychiatric works—he was also much occupied

with the anatomical post-mortem study of the bodies of criminals. After

1876, when he came to Turin[7] as professor of forensic medicine, being

also physician to the great prison in that town for prisoners awaiting

trial, he was able to examine most minutely, according to his own

methods, two hundred prisoners every year, whilst a much greater number

were subjected at least to ordinary clinical examination. This

inconsiderable and very poorly-paid official position led him, without

abandoning his unwearied researches into pellagra, to devote his chief

attention day by day to the subject of criminal anthropology.

It was in the course of these investigations, and of the controversies

to which the publication of his results gave rise, that he first became

acquainted with the work of his predecessors in the same field. This has

been demonstrated to me by incontrovertible evidence.

As predecessors must be named some of the adherents of Gall’s theories

regarding the skull: the French physiologist and physician, Despine; the

French psychiatrist, Morel; and three English medical men—one, the

psychiatrist and distinguished anthropologist, Prichard, the other two

prison surgeons, Nicolson and Bruce Thomson.

Gall is apt to be judged, very unjustly, only by his errors; for he was,

in truth, the originator of the principle of the localization of the

functions of the brain, and gave the first impulse to the scientific

study of criminals, though he did not himself make any definite

discoveries in this field. His pupil, Lauvergne, prison surgeon at

Toulon during a long period of years, examined thousands of criminals,

and left interesting plaster-casts of skulls; certain types were

admirably described by him. Despine made a thorough study of the

psychology of the criminal, and showed that the principal

characteristics of the habitual criminal are idleness, irresolution, and

lessened sensibility, both mental and physical. Supplementary to

Despine’s investigations was the great work of Lucas upon heredity, in

which he demonstrated the hereditary transmissibility of the disposition

to theft, murder, rape, and arson, and furnished extensive materials

regarding the congenital nature of the tendency to crime.

Morel’s work lacked thorough analysis, and was also destitute of a firm

biological foundation; but it was based upon extensive materials, and

was animated by a certain instinct for what was important. His “Traité

des Dégénérescences” was published in 1859. Thus originated the

catchword “degeneration,” which remains current to-day, without having

even yet acquired any definite signification. Now it is used to denote

the neuropathic constitution; now, again, to denote the hereditary

predisposition to psychoses. According to some this predisposition is

latent, and manifests itself only by physical stigmata of degeneration;

others regard the degenerate as being mentally as well as physically

abnormal, and as suffering, either before the onset of actual insanity

or in the entire absence of the latter from mutability of mood and

temper, obsessive ideas, moral defects, and one-sided intellectual

endowment; yet others use the term “degeneration” to denote a vague

diathesis—a mingling of tendencies to disturbances of metabolism and to

neuropathies.

More recent French investigators distinguish between “higher” and

“lower” degenerates, and include in these categories almost the entire

province of mental disturbances, severe neuroses, and criminality.

German investigators go so far as to explain that most human beings are

degenerates, and Moebius held that the repulsiveness of the majority of

his fellow-creatures spoke in favour of this view.

Morel, through the vagueness of his definition of degeneration

(“déviation maladive du type humain”), was himself partly to blame for

the unsatisfactory development of the whole doctrine. He had correctly

observed that unfavourable conditions of life—for example, the lack of

legislative enactments for the protection of factory workers during the

middle of the last century—transformed the entire outward appearance of

those exposed to such conditions; but he failed to distinguish between

inherited and acquired characteristics, nor did he ask himself if and

how acquired characteristics are inherited; and he omitted to determine

at the outset of his inquiry what were the precise characteristics of

the type, deviations from which he was recording. With the exception of

Lombroso, those who, after Morel, dealt with the problem of degeneration

ignored the fact that these problems transcend the narrow limits of

pathology to trespass on the wider province of biology, and failed to

see that the problems in question are those of human variability, of the

laws of inheritance, and other anthropological questions. Prichard, the

distinguished ethnologist, widely regarded (in company with the English

prison surgeons Thomson and Nicolson) as a predecessor of Lombroso, was

the first to detect what is typical in the outward appearance of old

“gaol-birds,” and to put forward, in explanation of confirmed

criminality, the conception of moral insanity. This moral monstrosity

was to be regarded as correlated with the abnormal physical

characteristics.

Lombroso found it necessary again and again to elaborate the doctrine of

moral insanity; and in the long-continued campaign against the

misunderstandings to which his theory of the _homo delinquens_ was

exposed, that doctrine played a much more important part than Morel’s

theory of degeneration.

It is incorrect to speak of Prichard and Morel as _predecessors_ of

Lombroso, in a sense implying that the latter was influenced by either

of the two former in the inception or development of his teachings. Just

as little is it true of Gall, whose work was justly estimated by

Lombroso as early as the year 1853, as we learn from his brief work on

the correlation between sexual and cerebral development—“Di un fenomeno

fisiologico commune ad alcuni nevrotteri.”[8]

Cesare Lombroso, a modern man of science · 第 1 / 7 章