The Positive School of Criminology - Enrico Ferri
THE POSITIVE SCHOOL OF CRIMINOLOGY
Three Lectures
Given at the University of Naples, Italy on April 22, 23 and 24, 1901
By Enrico Ferri
Translated by Ernest Untermann
Chicago
Charles H. Kerr & Company
1908
THE POSITIVE SCHOOL OF CRIMINOLOGY
I.
My Friends:
When, in the turmoil of my daily occupation, I received an invitation,
several months ago, from several hundred students of this famous
university, to give them a brief summary, in short special lectures, of
the principal and fundamental conclusions of criminal sociology, I
gladly accepted, because this invitation fell in with two ideals of
mine. These two ideals are stirring my heart and are the secret of my
life. In the first place, this invitation chimed with the ideal of my
personal life, namely, to diffuse and propagate among my brothers the
scientific ideas, which my brain has accumulated, not through any merit
of mine, but thanks to the lucky prize inherited from my mother in the
lottery of life. And the second ideal which this invitation called up
before my mind's vision was this: The ideal of young people of Italy,
united in morals and intellectual pursuits, feeling in their social
lives the glow of a great aim. It would matter little whether this aim
would agree with my own ideas or be opposed to them, so long as it
should be an ideal which would lift the aspirations of the young people
out of the fatal grasp of egoistic interests. Of course, we positivists
know very well, that the material requirements of life shape and
determine also the moral and intellectual aims of human consciousness.
But positive science declares the following to be the indispensable
requirement for the regeneration of human ideals: Without an ideal,
neither an individual nor a collectivity can live, without it humanity
is dead or dying. For it is the fire of an ideal which renders the life
of each one of us possible, useful and fertile. And only by its help can
each one of us, in the more or less short course of his or her
existence, leave behind traces for the benefit of fellow-beings. The
invitation extended to me proves that the students of Naples believe in
the inspiring existence of such an ideal of science, and are anxious to
learn more about ideas, with which the entire world of the present day
is occupied, and whose life-giving breath enters even through the
windows of the dry courtrooms, when their doors are closed against it.
* * * * *
Let us now speak of this new science, which has become known in Italy by
the name of the Positive School of Criminology. This science, the same
as every other phenomenon of scientific evolution, cannot be
shortsightedly or conceitedly attributed to the arbitrary initiative of
this or that thinker, this or that scientist. We must rather regard it
as a natural product, a necessary phenomenon, in the development of that
sad and somber department of science which deals with the disease of
crime. It is this plague of crime which forms such a gloomy and painful
contrast with the splendor of present-day civilization. The 19th century
has won a great victory over mortality and infectious diseases by means
of the masterful progress of physiology and natural science. But while
contagious diseases have gradually diminished, we see on the other hand
that moral diseases are growing more numerous in our so-called
civilization. While typhoid fever, smallpox, cholera and diphtheria
retreated before the remedies which enlightened science applied by means
of the experimental method, removing their concrete causes, we see on
the other hand that insanity, suicide and crime, that painful trinity,
are growing apace. And this makes it very evident that the science which
is principally, if not exclusively, engaged in studying these phenomena
of social disease, should feel the necessity of finding a more exact
diagnosis of these moral diseases of society, in order to arrive at some
effective and more humane remedy, which should more victoriously combat
this somber trinity of insanity, suicide and crime.
The science of positive criminology arose in the last quarter of the
19th century, as a result of this strange contrast, which would be
inexplicable, if we could not discover historical and scientific reasons
for its existence. And it is indeed a strange contrast that Italy should
have arrived at a perfect theoretical development of a classical school
of criminology, while there persists, on the other hand, the disgraceful
condition that criminality assumes dimensions never before observed in
this country, so that the science of criminology cannot stem the tide of
crime in high and low circles. It is for this reason, that the positive
school of criminology arises out of the very nature of things, the same
as every other line of science. It is based on the conditions of our
daily life. It would indeed be conceited on our part to claim that we,
who are the originators of this new science and its new conclusions,
deserve alone the credit for its existence. The brain of the scientist
is rather a sort of electrical accumulator, which feels and assimilates
the vibrations and heart-beats of life, its splendor and its shame, and
derives therefrom the conviction that it must of necessity provide for
definite social wants. And on the other hand, it would be an evidence of
intellectual short-sightedness on the part of the positivist man of
science, if he did not recognize the historical accomplishments, which
his predecessors on the field of science have left behind as indelible
traces of their struggle against the unknown in that brilliant and
irksome domain. For this reason, the adherents of the positive school of
criminology feel the most sincere reverence for the classic school of
criminology. And I am glad today, in accepting the invitation of the
students of Naples, to say, that this is another reason why their
invitation was welcome to me. It is now 16 years since I gave in this
same hall a lecture on positive criminology, which was then in its
initial stages. It was in 1885, when I had the opportunity to outline
the first principles of the positive school of criminology, at the
invitation of other students, who preceded you on the periodic waves of
the intellectual generations. And the renewal of this opportunity gave
me so much moral satisfaction that, I could not under any circumstances
decline your invitation. Then too, the Neapolitan Atheneum has
maintained the reputation of the Italian mind in the 19th century, also
in that science which even foreign scientists admit to be our specialty,
namely the science of criminology. In fact, aside from the two terrible
books of the Digest, and from the practical criminologists of the Middle
Ages who continued the study of criminality, the modern world opened a
glorious page in the progress of criminal science with the modest little
book of Cesare Beccaria. This progress leads from Cesare Beccaria, by
way of Francesco Carrara, to Enrico Pessina.
Enrico Pessina alone remains of the two giants who concluded the cycle
of classic school of criminology. In a lucid moment of his scientific
consciousness, which soon reverted to the old abstract and metaphysical
theories, he announced in an introductory statement in 1879, that
criminal justice would have to rejuvenate itself in the pure bath of the
natural sciences and substitute in place of abstraction the living and
concrete study of facts. Naturally every scientist has his function and
historical significance; and we cannot expect that a brain which has
arrived at the end of its career should turn towards a new direction. At
any rate, it is a significant fact that this most renowned
representative of the classic school of criminology should have pointed
out this need of his special science in this same university of Naples,
one year after the inauguration of the positive school of criminology,
that he should have looked forward to a time when the study of natural
and positive facts would set to rights the old juridical abstractions.
And there is still another precedent in the history of this university,
which makes scientific propaganda at this place very agreeable for a
positivist. It is that six years before that introductory statement by
Pessina, Giovanni Bovio gave lectures at this university, which he
published later on under the title of "A Critical Study of Criminal
Law." Giovanni Bovio performed in this monograph the function of a
critic, but the historical time of his thought, prevented him from
taking part in the construction of a new science. However, he prepared
the ground for new ideas, by pointing out all the rifts and weaknesses
of the old building. Bovio maintained that which Gioberti, Ellero,
Conforti, Tissol had already maintained, namely that it is impossible to
solve the problem which is still the theoretical foundation of the
classic school of criminology, the problem of the relation between
punishment and crime. No man, no scientist, no legislator, no judge, has
ever been able to indicate any absolute standard, which would enable us
to say that equity demands a definite punishment for a definite crime.
We can find some opportunistic expedient, but not a solution of the
problem. Of course, if we could decide which is the gravest crime, then
we could also decide on the heaviest sentence and formulate a descending
scale which would establish the relative fitting proportions between
crime and punishment. If it is agreed that patricide is the gravest
crime, we meet out the heaviest sentence, death or imprisonment for
life, and then we can agree on a descending scale of crime and on a
parallel scale of punishments. But the problem begins right with the
first stone of the structure, not with the succeeding steps. Which is
the greatest penalty proportional to the crime of patricide? Neither
science, nor legislation, nor moral consciousness, can offer an absolute
standard. Some say: The greatest penalty is death. Others say: No,
imprisonment for life. Still others say: Neither death, nor imprisonment
for life, but only imprisonment for a time. And if imprisonment for a
time is to be the highest penalty, how many years shall it last
--thirty, or twenty-five, or ten?
No man can set up any absolute standard in this matter. Giovanni Bovio
thus arrived at the conclusion that this internal contradiction in the
science of criminology was the inevitable fate of human justice, and
that this justice, struggling in the grasp of this internal
contradiction, must turn to the civil law and ask for help in its
weakness. The same thought had already been illumined by a ray from the
bright mind of Filangieri, who died all too soon. And we can derive from
this fact the historical rule that the most barbarian conditions of
humanity show a prevalence of a criminal code which punishes without
healing; and that the gradual progress of civilization will give rise
to the opposite conception of healing without punishing.
Thus it happens that this university of Naples, in which the illustrious
representative of the classic school of criminology realized the
necessity of its regeneration, and in which Bovio foresaw its sterility,
has younger teachers now who keep alive the fire of the positivist
tendency in criminal science, such as Penta, Zuccarelli, and others,
whom you know. Nevertheless I feel that this faculty of jurisprudence
still lacks oxygen in the study of criminal law, because its thought is
still influenced by the overwhelming authority of the name of Enrico
Pessina. And it is easy to understand that there, where the majestic
tree spreads out its branches towards the blue vault, the young plant
feels deprived of light and air, while it might have grown strong and
beautiful in another place.
The positive school of criminology, then, was born in our own Italy
through the singular attraction of the Italian mind toward the study of
criminology; and its birth is also due to the peculiar condition our
country with its great and strange contrast between the theoretical
doctrines and the painful fact of an ever increasing criminality.
The positive school of criminology was inaugurate by the work of Cesare
Lombroso, in 1872. From 1872 to 1876 he opened a new way for the study
of criminality by demonstrating in his own person that we must first
understand the criminal who offends, before we can study and understand
his crime. Lombroso studied the prisoners in the various penitentiaries
of Italy from the point of view of anthropology. And he compiled his
studies in the reports of the Lombardian Institute of Science and
Literature, and published them later together in his work "Criminal
Man." The first edition of this work (1876) remained almost unnoticed,
either because its scientific material was meager, or because Cesare
Lombroso had not yet drawn any general scientific conclusions, which
could have attracted the attention of the world of science and law. But
simultaneously with its second edition (1878) there appeared two
monographs, which constituted the embryo of the new school,
supplementing the anthropological studies of Lombroso with conclusions
and systematizations from the point of view of sociology and law.
Raffaele Garofalo published in the Neapolitan Journal of Philosophy and
Literature an essay on criminality, in which he declared that the
dangerousness of the criminal was the criterion by which society should
measure the function of its defense against the disease of crime. And in
the same year, 1878, I took occasion to publish a monograph on the
denial of free will and personal responsibility, in which I declared
frankly that from now on the science of crime and punishment must look
for the fundamental facts of a science of social defense against crime
in the human and social life itself. The simultaneous publication of
these three monographs caused a stir. The teachers of classic
criminology, who had taken kindly to the recommendations of Pessina and
Ellero, urging them to study the natural sources of crime, met the new
ideas with contempt, when the new methods made a determined and radical
departure, and became not only the critics, but the zealous opponents of
the new theories. And this is easy to understand. For the struggle for
existence is an irresistible law of nature, as well for the thousands of
germs scattered to the winds by the oak, as for the ideas which grow in
the brain of man. But persecutions, calumnies, criticisms, and
opposition are powerless against an idea, if it carries within itself
the germ of truth. Moreover, we should look upon this phenomenon of a
repugnance in the average intellect (whether of the ordinary man or the
scientist) for all new ideas as a natural function. For when the brain
of some man has felt the light of a new idea, a sneering criticism
serves us a touchstone for it. If the idea is wrong, it will fall by the
wayside; if it is right, then criticisms, opposition and persecution
will cull the golden kernel from the unsightly shell, and the idea will
march victoriously over everything and everybody. It is so in all walks
of life--in art, in politics, in science. Every new idea will rouse
against itself naturally and inevitably the opposition of the accustomed
thoughts. This is so true, that when Cesare Beccaria opened the great
historic cycle of the classic school of criminology, he was assaulted by
the critics of his time with the same indictments which were brought
against us a century later.
When Cesare Beccaria printed his book on crime and penalties in 1774
under a false date and place of publication, reflecting the aspirations
which gave rise to the impending hurricane of the French revolution;
when he hurled himself against all that was barbarian in the mediaeval
laws and set loose a storm of enthusiasm among the encyclopedists, and
even some of the members of government, in France, he was met by a wave
of opposition, calumny and accusation on the part of the majority of
jurists, judges and lights of philosophy. The abbe Jachinci published
four volumes against Beccaria, calling him the destroyer of justice and
morality, simply because he had combatted the tortures and the death
penalty.
The tortures, which we incorrectly ascribe to the mental brutality of
the judges of those times, were but a logical consequence of the
contemporaneous theories. It was felt that in order to condemn a man,
one must have the certainty of his guilty, and it was said that the best
means of obtaining tins certainty, the queen of proofs, was the
confession of the criminal. And if the criminal denied his guilt, it was
necessary to have recourse to torture, in order to force him to a
confession which he withheld from fear of the penalty. The torture
soothed, so to say, the conscience of the judge, who was free to condemn
as soon as he had obtained a confession. Cesare Beccaria rose with
others against the torture. Thereupon the judges and jurists protested
that penal justice would be impossible, because it could not get any
information, since a man suspected of a crime would not confess his
guilt voluntarily. Hence they accused Beccaria of being the protector of
robbers and murderers, because he wanted to abolish the only means of
compelling them to a confession, the torture. But Cesare Beccaria had on
his side the magic power of truth. He was truly the electric accumulator
of his time, who gathered from its atmosphere the presage of the coming
revolution, the stirring of the human conscience. You can find a similar
illustration in the works of Daquin in Savoy, of Pinel in France, and of
Hach Take in England, who strove to bring about a revolution in the
treatment of the insane. This episode interests us especially, because
it is a perfect illustration of the way traveled by the positive school
of criminology. The insane were likewise considered to blame for their
insanity. At the dawn of the 19th century, the physician Hernroth still
wrote that insanity was a moral sin of the insane, because "no one
becomes insane, unless he forsakes the straight path of virtue and of
the fear of the Lord."
And on this assumption the insane were locked up in horrible dungeons,
loaded down with chains, tortured and beaten, for lo! their insanity was
their own fault.
At that period, Pinel advanced the revolutionary idea that insanity was
not a sin, but a disease like all other diseases. This idea is now a
commonplace, but in his time it revolutionized the world. It seemed as
though this innovation inaugurated by Pinel would overthrow the world
and the foundations of society. Well, two years before the storming of
the Bastile Pinel walked into the sanitarium of the Salpetriere and
committed the brave act of freeing the insane of the chains that weighed
them down. He demonstrated in practice that the insane, when freed of
their chains, became quieter, instead of creating wild disorder and
destruction. This great revolution of Pinel, Chiarugi, and others,
changed the attitude of the public mind toward the insane. While
formerly insanity had been regarded as a moral sin, the public
conscience, thanks to the enlightening work of science, henceforth had
to adapt itself to the truth that insanity is a disease like all
others, that a man does not become insane because he wants to, but that
he becomes insane through hereditary transmission and the influence of
the environment in which he lives, being predisposed toward insanity and
becoming insane under the pressure of circumstances.
The positive school of criminology accomplished the same revolution in
the views concerning the treatment of criminals that the above named men
of science accomplished for the treatment of the insane. The general
opinion of classic criminalists and of the people at large is that crime
involves a moral guilt, because it is due to the free will of the
individual who leaves the path of virtue and chooses the path of crime,
and therefore it must be suppressed by meeting it with a proportionate
quantity of punishment. This is to this day the current conception of
crime. And the illusion of a free human will (the only miraculous factor
in the eternal ocean of cause and effect) leads to the assumption that
one can choose freely between virtue and vice. How can you still believe
in the existence of a free will, when modern psychology armed with all
the instruments of positive modern research, denies that there is any
free will and demonstrates that every act of a human being is the
result of an interaction between the personality and the environment of
man?
And how is it possible to cling to that obsolete idea of moral guilt,
according to which every individual is supposed to have the free choice
to abandon virtue and give himself up to crime? The positive school of
criminology maintains, on the contrary, that it is not the criminal who
wills; in order to be a criminal it is rather necessary that the
individual should find himself permanently or transitorily in such
personal, physical and moral conditions, and live in such an
environment, which become for him a chain of cause and effect,
externally and internally, that disposes him toward crime. This is our
conclusion, which I anticipate, and it constitutes the vastly different
and opposite method, which the positive school of criminology employs as
compared to the leading principle of the classic school of criminal
science.
In this method, this essential principle of the positive school of
criminology, you will find another reason for the seemingly slow advance
of this school. That is very natural. If you consider the great reform
carried by the ideas of Cesare Beccaria into the criminal justice of
the Middle Age, you will see that the great classic school represents
but a small step forward, because it leaves the penal justice on the
same theoretical and practical basis which it had in the Middle Age and
in classic antiquity, that is to say, based on the idea of a moral
responsibility of the individual. For Beccaria, for Carrara, for their
predecessors, this idea is no more nor less than that mentioned in books
47 and 48 of the Digest: "The criminal is liable to punishment to the
extent that he is morally guilty of the crime he has committed." The
entire classic school is, therefore, nothing but a series of reforms.
Capital punishment has been abolished in some countries, likewise
torture, confiscation, corporal punishment. But nevertheless the immense
scientific movement of the classic school has remained a mere reform.
It has continued in the 19th century to look upon crime in the same way
that the Middle Age did: "Whoever commits murder or theft, is alone the
absolute arbiter to decide whether he wants to commit the crime or not."
This remains the foundation of the classic school of criminology. This
explains why it could travel on its way more rapidly than the positive
school of criminology. And yet, it took half a century from the time of
Beccaria, before the penal codes showed signs of the reformatory
influence of the classic school of criminology. So that it has also
taken quite a long time to establish it so well that it became accepted
by general consent, as it is today. The positive school of criminology
was born in 1878, and although it does not stand for a mere reform of
the methods of criminal justice, but for a complete and fundamental
transformation of criminal justice itself, it has already gone quite a
distance and made considerable conquests which begin to show in our
country. It is a fact that the penal code now in force in this country
represents a compromise, so far as the theory of personal responsibility
is concerned, between the old theory of free will and the conclusions of
the positive school which denies this free will.
You can find an illustration of this in the eloquent contortions of
phantastic logic in the essays on the criminal code written by a great
advocate of the classic school of criminology, Mario Pagano, this
admirable type of a scientist and patriot, who does not lock himself up
in the quiet egoism of his study, but feels the ideal of his time
stirring within him and gives up his life to it. He has written three
lines of a simple nudity that reveals much, in which he says: "A man is
responsible for the crimes which he commits; if, in committing a crime,
his will is half free, he is responsible to the extent of one-half; if
one-third, he is responsible one-third." There you have the
uncompromising and absolute classic theorem. But in the penal code of
1890, you will find that the famous article 45 intends to base the
responsibility for a crime on the simple will, to the exclusion of the
free will. However, the Italian judge has continued to base the exercise
of penal justice on the supposed existence of the free will, and
pretends not to know that the number of scientists denying the free will
is growing. Now, how is it possible that so terrible an office as that
of sentencing criminals retains its stability or vacillates, according
to whether the first who denies the existence of a free will deprives
this function of its foundation?