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UNIVERSITY OF CALIFORNIA LOS ANGELES
SCHOOL OF LAW
LIBRARY

PENAL PHILOSOPHY

MODERN CRIMINAL SCIENCE
1.

SERIES
Law and

Published under the auspices of the American Institute of Criminal Criminology

Modern Theories

Madrid.

of Criminality. By C. Behnaldo de Quikos, of Translated from the Second Spanish edition, by Dr. Alfonso de Salvio,

With an Assistant Professor of Romance Languages in Northwestern University. American Preface by the Author, and an Introduction by W. W. Smithers, of the Philadelphia Bar.

By Hans Gross, Professor of Criminal Law in the 2. Criminal Psychology. University of Graz, Austria, Editor of the Archives of Criminal Anthropology and Translated from the Fourth German edition, by Dr. Hor.^ce M. Criminalistics, etc. Kallen, Professor of Philosophy in Wisconsin University. With an American Preface by the Author, and an Introduction by Joseph Jastrow, Professor of Psychology in the University of Wisconsin.
Crime, Its Causes and Remedies. By Cesare Lombroso, late Professor and Legal Medicine in the University of Turin, author of the "Criminal Man," Founder and Editor of the "Archives of Psychiatry and Penal Sciences." Translated from the French and German editions by Rev. Henry P. Horton, M.A., With an Introduction by Maurice Parmelee, Associate Professor of Ithaca, N. Y.
3.

of Psychiatry

of Sociology in the University of Missouri.
4.

The

Individualization of Punishment.

By Raymond

Saleilles, Professor

Comparative Law in the University of Paris. Translated from the Second French With an Introduction edition, by Mrs. IL\chael Szold Jastrow, of Madison, Wis. by RoscoE Pound, Professor of Law in Harvard University. Philosophy. By Gabriel Tarde, Late Magistrate in Picardy, 5. Penal Professor of Modern Philosophy in the College of France, and Lecturer in the Paris School of Political Science. Translated from the Fourth French edition by Rapelje Howell, of the New York Bar. With an Editorial Preface by Edward Lindsey, of the Warren, Pa., Bar, and an Introduction by Robert H. Gault, Assistant Professor of Psychology in Northwestern University. Its Repression. By Gustav Asch.\ffenburg, Professor of 6. Crime and Psychiatry in the Academy of Practical Medicine at Cologne, Editor of the "Monthly Journal of Criminal Psychology and Criminal Law Reform." Translated from the Second German edition by Adalbert Albrecht. With an Editorial Preface by Maurice Parmelee, Associate Professor of Sociology in the University of Missouri, and an Introduction by Arthur C. Train, formerly Assistant District Attorney for New York County. By Raffaelle Garofalo, late President of the Court of 7. Criminologfy. Appeals of Naples. Translated from the First Italian and the Fifth French edition, by Robert W. Millar, Esq., of Chicago, Professor in Northwestern University Law School. With an Introduction by E. Ray Stevens, Judge of the Circuit Court, Madiof

son, Wis.
8.

Criminality and

Economic Conditions.

By W.

A. Bonger, Doctor in

Law

Translated from the French by Henry P. Horton, of the University of Amsterdam. M.A., of Ithaca, N. Y. With an American Preface by the Author, and an Editorial Preface by Edward Lindsey, of the Warren, Pa., Bar, and an Introduction by Frank

H. Norcross, Justice of the Supreme Court of Nevada. By Enrico Ferri, of the Roman Bar, and Professor 9. Criminal Sociology. of Criminal Law and Procedure in the University of Rome, Editor of the "Archives of Psychiatry and Penal Sciences," the "Positivist School in Penal Theory and Practice," Translated from the Fourth Italian and Second French edition, by Joseph I. etc. Kelly, late Lecturer on Roman Law in Northwestern University, and Dean of the Faculty of Law in the University of Louisiana, and John Lisle, late of the Philadelphia With an American Preface by the Author, an Editorial Preface by William W. Bar. Smithers, of the Philadelphia Bar, and Introductions by Charles A. Ellwood, Professor of Sociology in the University of Missouri, and QuiNCT A. Myebs, formerly Chief Justice of the Supreme Court of Indiana.

THE MODERN CRIMINAL SCIENCE SERIES
Published under the Auspices of

THE AMERICAN INSTITUTE OF CRIMINAL LAW AND CRIMINOLOGY

Penal

Philosophy

By GABRIEL TARDE
Late Magistrate, and Professor in the College of France

Translated by

RAPELJE HOWELL
Of
ilie

New York Bar

With an

Editorial Preface

by

EDWARD

LINT)SEY
Pa., Bar

Of the Warren,

AND AN INTRODUCTION BY ROBERT

H.

GAULT

Assistant Professor of Psychology in Northwestern University and Managing Editor of the Journal of Criminal Law and Criminology

BOSTON LITTLE, BROWN, AND COMPANY
1912

T

Copyright, 1912,

By

Little,

Brown, and

CoMPAiirf.

All rights reserved

zyss

GENERAL INTRODUCTION TO THE

MODERN CRIMINAL SCIENCE
At
held

SERIES.

the National Conference of Criminal Law and Criminology, in Chicago, at Northwestern University, in June, 1909, the American Institute of Criminal Law and Criminology was organized; and, as a part of its work, the following resolution was

passed " Whereas,

it

is

exceedingly desirable that important treatises

be made readily accessible in the English language, Resolved, that the president appoint a committee of five with power to select such treatises as in their judgment should be translated, and to arrange for their publication."
in foreign languages

on criminology

The Committee appointed under

this Resolution has

made

careful

investigation of the literature of the subject,

by frequent correspondence. It among the mass of material. It has arranged with publisher, with authors, and with translators, for the immediate undertaking and
rapid progress of the task.

and has consulted has selected several works from

It realizes the necessity of educating the professions and the public by the wide diffusion of information

on this subject. It desires here to explain the considerations which have moved it in seeking to select the treatises best adapted to the
purpose.
large, it is important to recognize that a larger thing than criminal law. The legal profession in particular has a duty to familiarize itself with the

For the community at
is

criminal science

as the sole means for intelligent and systematic improvement of the criminal law.
principles of that science,

Two centuries ago, while modern medical science was still young, medical practitioners proceeded upon two general assumptions: one as to the cause of disease, the other as to its treatment. As to the cause of disease, disease was sent by the inscrutable will

of God.
tion.

No man could fathom that will, nor its arbitrary operaAs to the treatment of disease, there were believed to be

letting, for

a few remedial agents of universal efficacy. Calomel and bloodexample, were two of the principal ones. A larger or

Vi

GENERAL INTRODUCTION
this blindly indiscriminate
all

smaller dose of calomel, a greater or less quantity of bloodletting,

mode

of

orthodox for
pill

common

varieties of ailment.

treatment was regarded as And so his calomel

and his bloodletting lancet were carried everywhere with him by the doctor. Nowadays, all this is past, in medical science. As to the causes

of disease,

we know

that they are facts of nature,

— various,

but

by diagnosis and research, and more or less capable of prevention or control or counter-action. As to the treatment, we now know that there are various specific modes of treatment for specific causes or symptoms, and that the treatment must
distinguishable

be adapted to the cause.
in cause science.

and

in treatment,

In short, the individualization of disease, is the dominant truth of modern medical
crime; but the understand-

The same

truth

is

now known about
it

upon us. The old and still dominant thought is, as to cause, that a crime is caused by the inscrutable moral free will of the human being, doing or
ing and the application of
are just opening

not doing the crime, just as
at

it

pleases;

absolutely free in advance,

any moment of time, to choose or not to choose the criminal act, and therefore in itself the sole and ultimate cause of crime. As to treatment, there still are just two traditional measures, used in varying doses for all kinds of crime and all kinds of persons, jail, or a fine (for death is now employed in rare cases only). But modern science, here as in medicine, recognizes that crime also

(like disease)

moment
that
is,

It need not be asserted for one a disease. But it does have natural causes, circumstances which work to produce it in a given case.

has natural causes.
is

that crime

And

as to treatment, modern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machinelike, but must be adapted to the causes, and to the man as affected

by those
that the
effect,

causes.

Common

sense

and

logic alike require, inevitably,

moment we

predicate a specific cause for an undesirable

the remedial treatment must be specifically adapted to that
of the present

cause.

Thus the great truth
science,
is

and the

future, for criminal

the individualization of penal treatment,

— for that man,

and

man's crime. It opens up a vast field for re-examination. means that we must study all the possible data that can be causes of crime, the man's heredity, the man's physical and moral
for the cause of that
this truth

Now

GENERAL INTRODUCTION
make-up,
his

vii

emotional

temperament,

the

surroundings

all the influencing youth, his present home, and other conditions, circumstances. And it means that the effect of different methods

of

his

of treatment, old or

new, for different kinds of

men and
Only
efficient

of causes,

must be studied, experimented, and compared. can accurate knowledge be reached, and new
be adopted.
All this has

in this

way

measures

limited fields

been going on in Europe for forty years past, and in in this country. All the branches of science that can

help

have been working,

— anthropology,
and the

medicine,

psychology,

economics, sociology, philanthropy, penology. The law alone has abstained. The science of law is the one to be served by all this.

But the public

in general

legal profession in particular

have remained either ignorant of the entire subject or indifferent to the entire scientific movement. And this ignorance or indifference has blocked the

way

to progress in administration.

inculcate the study of

upon itself, as one of its aims, to modern criminal science, as a pressing duty for the legal profession and for the thoughtful community at large. One of its principal modes of stimulating and aiding this study is to make available in the English language the most useful treatises now extant in the Continental languages. Our country has started There is much to catch up with, in the results reached elselate. where. We shall, to be sure, profit by the long period of argument and theorizing and experimentation which European thinkers and workers have passed through. But to reap that profit, the results of their experience must be made accessible in the English language. The effort, in selecting this series of translations, has been to

The

Institute therefore takes

choose those works which best represent the various schools of thought in criminal science, the general results reached, the points
of contact or of controversy,

always in view that class value and could best be serviceable to criminal science in our country. the anthroAs the science has various aspects and emphases pological, psychological, sociological, legal, statistical, economic,

having and the contrasts of method than local of works which have a more

pathological

— due regard was paid, in the
And
in different

selection, to a representa-

tion of all these aspects.

as the several Continental countries
aspects,

have contributed

ways to these various

— France,
share,

Germany,

Italy,

most abundantly, but the others each

its

the effort was
far as feasible.

made

also to recognize the different contributions as

Viii

GENERAL INTRODUCTION
selection

Committee, then, represents its judgment of the works that are most useful and most instructive for It is its conviction that this Series, the purpose of translation. when completed, will furnish the American student of criminal science a systematic and suflScient acquaintance with the controlling doctrines and methods that now hold the stage of thought in ConWhich of the various principles and methods tinental Europe. will prove best adapted to help our problems can only be told after our students and workers have tested them in our own experience.
the

The

made by

But

it is

certain that

we must

first

acquaint ourselves with these
it

results of

a generation of European thought.
desirable to refer the

In closing, the Committee thinks

mem-

bers of the Institute, for purposes of further investigation of the literature, to the " Preliminary Bibliography of Modern Criminal

Law and Criminology Law of Northwestern
the Conference.

" (Bulletin No.

1

University), already issued to
believes

The Committee
listed therein will

Gary Library of members of that some of the Angloof the

American works

be found useful.

Committee on Translations.
Chairman, John H. Wigmore, Professor of Law in Northwestern
University, Chicago.

Ernst Freund,
Professor of

Law

in the University of Chicago.

Maurice Parmelee,
Professor of Sociology in the College of the City of

New

York.

RoscoE Pound,
Professor of

Law

in Harvard University.

Edward Lindsay,
Of
the

Warren, Pa., Bar.

Wm. W.

Smithers,
American

Secretary of the Comparative Law Bureau of the Bar Association, Philadelphia, Pa.

may better serve the needs of the criminologist. Professor Tarde in the chapters that low describes review of presents a its it as the crux of penal philosophy. the controlling factors are the patent facts of Physics of Physiology and Biology. are equally bility — . problem of moral responsibility as old as philosophy The satisfactory definition of its nature has bafiled most fol- painstaking students. setting and after a historical and impracticable solution he new point of view that. On the side of scientific determinism. they are of no consequence here. had it entered into an apple. There is no use that they can serve. and. in The assumption of absolute freedom of choice is involved many of the discussions of the philosophical aspects of the The individual is correction or punishment of misdemeanants. Man and the morally responsible being. might have furnished forth his table. GAULT is The itself. of moral responsi- but of this more anon. denial of the freedom of choice. he is acting simply in accord with the laws of original nature. moral responsibility are altogether lacking. in his opinion.INTRODUCTION TO THE ENGLISH VERSION BY ROBERT H. and hence of necessity. Extreme scientific determinism is a denial of the freedom of choice. there also duty. obligation. if there is any such. of Psychology and Anthropology. Philosophical determinism is not an absolute and Chemistry. From the philosophical deterministic outlook. He cannot control them. He is the director of his own course. The oak and man belong to radically different classifications. etc. and where there is no such freedom. Even if they do exist in another sphere than ours. conduct is determined by factors that are beyond his reach. According to either of these. Man is no more morally responsible to his neighbor for having committed a depredation against him than is the oak to a man for having assimilated from the earth nourishment which. free to do as he does or to act otherwise. Opposed to this are the doctrines of philosophical and of scientific determinism. therefore.

tical control and of prac- over natural forces as well. biologists. approaching it the while from so-called fundamental postulates that are regarded as necessary to thought. of physiologists. or as . It assumes at the same time. however. and at the next step with either the beginning or the performance of an act. This is the extreme deterministic attitude. Meanwhile consciousness abides. have contributed each an item toward the general sum of scientific deterministic factors. more remotely. Let it be observed here. and each the series of processes. an element in the physical environment. there by social elements. according as the actor well or ill is endowed from the anthropological viewpoint. behav-ior is said to be determined pre-eminently by anthropoActs are then benevolent logical factors. present. but Uke a shimmer of light now here and now there upon the surface of a great water current. or malevolent. and neurologists. or in the past.X INTRODUCTION TO THE ENGLISH \^RSION He is played upon by a thousand natural and social force is immediately in causal series with a modification in the physiological organism. of psychologists and anthropologists and sociologists. there another according to the individual preference or training of the student. or between an act and a social factor present or past. Common sense assumes that truth lies not at this extreme. by ideals the way. or. that a complete analysis effective phenomena would show an invariable causal connection between an act and a physiological disposition. and no more from the point of view of practical results. not uniformly distributed upon distinct. is Herein the root of a form of positivism. The labor of physicists and of chemists. that form which a protest against speculation. against the speculation of the metaphysician who leaves the phenomenal world aside in his thought and attempts the solution of such problems as that of causation. that the brethren of scientific themselves are not free from speculative tendencies and that on occasion they too may dogmatize a Httle even while in the main they pursue an ideal of method that has proved to be superior from the viewpoint of knowledge strictly. beneficent or maleficent. and lastly the statisticians are casting a gleam upon sources of behavior that are not brought to the hght of by other is agencies. forces. Tliis positivism emHere phasizes here one form of causative factor. Or for that matter such an analysis would reveal a causal connection among all these factors together.

who do not. or actually invented by society as a whole? Not only could this accused not have done otherwise than he did. that interany degree with his response to that necessity robs him to that extent of his freedom to act. conversely. but confidently face the future and deal resolutely even with the workers Our expert — and even. it does not borrow from Anthropology. are these conditions not winked at. in order for and to procure them access to the will of the man and effectual influence upon his conduct. I the idea of punishment must lapse. Kant argues that because moral philosophy rests wholly upon the pure part. and consequently dangerous from the viewpoint of those who would develop society after an ideal. fallacious it is. — — . who are regretful for past mistakes of omission and of commission. As long as man fully responds to the necessity of his nature he he taught is and hence moral. however. — say it is easy to acquit. Acting under the guidance of this idea it is are applicable. consented to. Indeed. But. that where there is there no moral responsibility social While no freedom to choose and consequently no culpability.INTRODUCTION TO THE ENGLISH VERSION organized society xi has provided up-building of it. but said of him. that he responsible. Any condition. he says that no doubt these laws require a judgment sharpened to distinguish in by experience. in all good conscience. And furthermore. and not the individual himself. This is social determinism. to urge his liberty to come and go according to his good pleasure. therefore. and make the right to punish rest thereupon. morally In the Principles of the Metaphysic of Ethics. turn flagellant on this account. gives laws to man a priori. and it can no longer be free feres in is. is we argue. determinism run mad. be it said. in a complete sense. but society as a whole is the culprit. who should be better guided do they not pile Ossa upon Pelion to accomplish proof that the accused was determined fated by social forces to do exactly as he did? They offer a strong defense of the proposition that environmental conditions have made it impossible for him to do otherwise than he did do. or down-pulling influences for those who become members This idea seems to have been suggested by Kant himself when his doctrine of necessity as the key to moral action. what cases they who is charged with misdemeanor or other crime of any sort. going on. we must easy to acquit one do so as long as we anchor moral responsibility in absolute freedom of choice. however. sometimes our profounder students of social phenomena. for instance.

consequence of pathological and developmental conditions and once more the idea of determinism and of moral non-responsibility From this point of view it is a doubtful proposition prevails. that if the doctrine of responsibility if truly is at the crux of penal philosophy. dwell inevitable reaction to the "irresistible impulse" and thereupon determinism. rather than to give effect to an element of strength that has arisen upon the burial of a dead past and the adherence to an ideal for improvement. of human hfe the pulley is able The individual may at once. to more and more complex systems of natural and inexorsubject — able laws — the concept of responsibility will become progressively attenuated. society blameworthy in some degree for practically every crime committed within it. have done otherwise than he did. is to live obey the necessary laws of our dom to live Certainly no more could possibly be desired than freeaccording to fundamental natural law. Philosophical determinism and freedom of choice are so far reconcilable. But for us. when the act was committed. of the moral that.xii INTRODUCTION TO THE ENGLISH VERSION is an illy wrought past. It appears. and responsibility de- pends upon freedom. has its basis in freedom of choice. A single pulley in a system of piston rods and shafts and cogs and cranks is free to do all that its original connections are designed is to permit. The psychologist and the anthropologist. his doctrine To respond is an expression of the necessity of human nature. and as long as we and our experts are inclined toward the scientific determinisand as knowledge grows we are finding ourselves tic attitude. the so-called crux of penal philosophy. of social adjustment. we must reconcile determinism with freedom in order to preserve the concept identify them even of choice This Kant attempted in responsibility of man. Thus. throw himself out a series of choices. follow upon the The physician thinks of the inevitable as a matter of course. — to and moral. furthermore. and hence moral non-responsibility. furthermore. But the difficulty with this figure that in the series to stop or wreck or as the effect of connections in the machinery. as long as moral responsibility. therefore. as the sum of a man's activity. . to swerve one effect of way is or another in our treatment either of the crime or the criminal to confess a weakness for our past. — — to duty and hence to be free according to this necessity nature. the offender could that. as alleged. life. normally. on that account alone. As a matter of course.

But this reconciliation is not wholly satisfactory from the all these temporary influences of and point of view of logical and philosophical requirements. are deterministic factors which inter- freedom of choice only when a partial view is taken. At the point of social or other abnormality. this leads to an identification of the self with all the forces that act or have acted upon its to make it what it is. the other is in the relation of social similarity between the self and the surroundings of self. For wherein consists identity but in the persistence of the self? The self. moving over a frequented path. in the pages that follow.INTRODUCTION TO THE ENGLISH VERSION xiii So the partisans of freedom will say that it is only as long as all conditions are normal that the reconciliation is effective. one says that the maintenance of personal identity is is not necessarily inconsistent with the doctrine of necessity as developed by the philosophers. assume the character Anyone who analyzes the clothing self from the psychological viewpoint finds in its composition the consciousness of his body clad in the he habitually wears. one When which enter into the consciousness of the present and others perhaps which extend far backward along ancestral lines of development. Take a wider view. fere with the and physiological disposition. From this difficulty an obvious means of escape is by way of the assumption that anthropological limitations. to an identification of self. of necessity. of mental process are but insignificant segments which themselves play and are played upon according to inflexible omnipresent law. the psychological self. The acts of the therefore. the consciousness of a certain . It is a psychological standard. laws with uni- versal laws. of social environment. reconciliation fails and we must stake our faith either in the concept of freedom or of determinism. social repression or aggravation. which includes not only the present but the future. "irresistible impulses. stones: one is in the identity of the self. The concepts which evolution are far removed from everyday problems." physiological lesion or arrest. not only the immediate but the remote ends of human life. Professor Tarde. and certainly it does not fully satisfy the demands of practical are involved in its life. therefore. psychological it Logically. involves a multitude of elements a condition of responsibility. assuming a habitual attitude. develops an alternative basis or criterion of responIt has two corner sibility.

These enter into the constitution of the psychological these factors self. All these and more make up the psychological self and their continuance marks the identity of the self from said above. was not identical with his self as habitually known. These. the above analysis in various correct as far as it goes. and fellowmen in general. responsibility. in the sense of the recognition of the rights both of one's self and of others. in their general outlines at least. educational. Indispensable among is the memory consciousness in which the past normally maintained in his presence with fidelity. during a lifetime. responsibility to one's townsmen. has been dropped from the place of his nativity for the first time upon our . perhaps. necessitating the casting away of old habits and the assumption of new ones.xiv INTRODUCTION TO THE ENGLISH VERSION complex. of social There of is also the concrete consciousness obligation. when he committed a wrong. last month. fairly uniform background of other conscious experiences. These include the memories of certain friends whom he has known in the past and with whom the persons he cherishes today are believed to be identical. and of the necessity and privilege of co-operation for the accomplishment of practical and even ideal ends. is but they are not all. Obviously the South Sea Islander who. too. And this Tarde has made one of the criteria identity. in If many individuals. of organic sensations which arise from bodily processes and which form a continuous. religious. A second criterion of responsibility. go together with other factors to make up the psychological self. But the analysis is not complete with this enumeration. and today and tomorrow. is social similarity. and occupational ideals toward which he is laboring and which have been. the consciousness of certain professional. When profound physiological disturbances (as in epilepsy) break up the background of organic sensation and of life has blot out the memories of the past and shatter the ideals that have hitherto guided. countrymen. unmodified by contact with strangers. We And the self indeed. sure guides to his conduct. artistic. responsibility must be diminished. who then was one self and now is another. as I of individual cannot hold one fully responsible who. so that last year. day to day. the psychological self is is discontinuous. may be broken ways. When suddenly the mode been changed. he places confidence in a constant group of memories. surely responsibility is decidedly diminished or obliterated. according to Tarde's development.

But only of the latter do we say that he was under obligation to do otherwise than he did. The congenital idiot and the congenital imbecile are socially dissimilar bors. There have been no interruptions. for both we provide means of adjustment or readjustment to society. The current of their . On the whole we would say of such a case partly responsible. has always pursued the even course of its way. No point of view respecting responsibility. Another problem arises in consideration of the idiot and the bodily and mental processes. of responsibility? The acute insane during the period of their affliction must be adjudged irresponsible. Of the paranoiac. can lightly brush aside every difficulty. How much modification of the normal organic status. we are thinking only of their social dissimilarity. to the extent as our neighbor in the same block with us defense: mitted a wrong in our community. same any marked While we shall have But let us think of the other criterion as applied to the individuals. who has comAgainst both we provide These criteria of responsibility have the obvious advantage all that they leave out of account entirely discussion of intention with their frequent theological implications which lead no-whither as far as the practical disposition of a case They have the advantage. free will and organic or otherwise. therefore. we must say that he is in a high degree responsible. and the one under consideration is not exceptional in this regard. according to the criterion.INTRODUCTION TO THE ENGLISH VERSION shore. however — . when compared with lifetime suffered their neigh- but they have not in their alteration of their physical or their mental condition. and losses of memory may be sufficiently patent to the skilled examiner to justify a positive or a negative answer to the question of responsibility or irresponsibility or a modification of either. and how much alteration of the normal mental condition must be discovered in order to argue an appreciable change in self -hood and. An expert can definitely point to alterations in sensibility. ness. however. no sudden changes. of concreteis concerned. They have suflPered sharp alteration both mentally and physically and at the same time they have fallen out of joint with their social surroundings. xv same we do not hold responsible for depredations. narrow and shallow it may be. to say of them — irresponsible. consequently. as far as we understand him today. to alter the psychological self and consequently the responsibility of the individual must be assumed.

as their current of unbroken processes lengthens. that no other theory life But Yet once more. yes. will of in Because of their social dissimilarity we have to say of them that they are irresponsible. whatever satisfaction may through childhood at least one can yield. he is not required to survey the limits. the judgment that he was absolutely responsible. by learned official commissions passing from nation to nation and reporting again to their own. In view the sudden accidental transformation that has come about On their body and mind we must pass the same judgment. by the school teacher through picture and story. That work is being accomplished incidentally by a thousand shipmasters carry- commerce of the nations. of the birth of responsibihty in a normal and adolescence? points the way.xvi INTRODUCTION TO THE ENGLISH VERSION imbecile by accident. and is socially Some day. no one is prepared to say. No answer is it at hand. But after — the situation not is Can we not say them as the accident recedes into what. who is already over- worked. partially responsible? Undoubtedly. the boundaries of our society must be agreed upon and marked before we may know what leeway in the matter of individual social custom and standards is consonant with safety and progress. Fortunately for the student in his closet. with the full accord of his contemporaries. by the merchant who brings from unknown worlds the products of strange looms. In other words. say here. when it is too late for dissimilar on that account? him to profit by the general enlightenment. is the life dim of past. such as they may be. and even by the freefor-all summer tourist. even for day of the blighting the normal observer. the unhappiness of the situation that prevented his enjoying in his lifetime. accumulate. by the man of science or of art who compares and brings back to his own the methods of other peoples. as experiences. albeit he lives in an enlightened community. Considering the social criterion of responsiwhat is too much social dissimilarity to permit the judgment of responsibility? And what shall we say of him who. posterity will remark bility. is nevertheless in advance of it in the sober estimation of a future generation. and the perennial traveler with no anchor ing the . can we not say them as we did of the congenitally idiotic and imbecilic — But where the line is to be drawn between the presence of responsibility and the lack And what of it in these individuals. the whole different? we will the lapse of time — many years of say unqualifiedly let us say — irresponsible.

unguarded. he might be inclined to make. slowly elevating the bility. If it be found that. I believe. In short. for no service or for service beneath his ability to perform. These and other considerations their knottiest of individual responsibility Frequently problems are to determine the responsibility or the degree of responsibility of the accused. the court. opportunity for good of any kind. of him — it is common sense. or for positively negative social effect. The problem of but those officials who should be charged either with the burden of reinstating the culprit in normal society where he may be a pillar and not a reed. Its function should be merely to determine the fact that the accused did or did not commit the depredation as charged. as a court. To whom much much shall be required. As a matter of fact. understanding without regard to national or even social and as we learn to think more and more in accord with one another we more and more approximate social similarity. should have absolutely no interest in the question. wealth. with the steady increase in the extent of general education and opportunity. he is not the man to enjoy the unrestricted freedom of the city. et cetera . culpable in common sense. in the face of ardent and opposing partisans.INTRODUCTION TO THE ENGLISH VERSION xvii behind them. enhances individual responsibility for public service. both become and make acquainted. as well assume. This suggests that. according to our theory. So even in the eyes of the experts outside the court room the determination of individual responsibility is only a means for the accomplishment of a much more important purpose. or with the attitude to may determine. The court should then be empowered in every case in which the question of responsibility has been raised. common sense. is This. merely to order the detention of the prisoner pending whatever disposition of him an appropriate commission of experts as are of interest to courts of criminal jurisdiction. however. The possessor of such advantages is. responsibility a minor one to all the obligation to protect the public against any possible future advances upon their peace and safety which. social position. he did the unlawful act. is the logical. by means of the extensive social intercourse and the expanding knowledge of our day we are approaching a common distinctions. we are. if accomplished at all. common level of individual responsi- This is not hypothesis or theory has been given. wherever they go. who. Education. The educational agencies — the incentives. This must be accomplished. as alleged.

or close confinement or both may be of good service in the particular case and neither out-and-out positivist nor his diametric opponent can deny that these means. even the anticipation of them. know how much. has once been determined. We have no other We can then more intellijustification for making the inquiry.xviii INTRODUCTION TO THE ENGLISH VERSION will — that we apply to the fully responsible. at we are in our generation many respects we are wiser in many other respects we do not yet The all. or to the partially responsible offender. may sometimes be reformative. When responsibility. Throughout the present work. or the want of it. 1912. as the present writer does. we know better than before how to deal with the prisoner. therefore. September 5. . are not those that will be brought into use in the case of the irresponsible. that in will prove. the freedom of an occupation in the "honor squad" — with the restriction of prison walls. We can decide how to balance pain and pleasure. that in criminology (including penology) many experiments: that if than our fathers. event of experimentation Northwestern Univehsitt. gently decide whether the infliction of physical pain. Professor Tarde maintains a sufficient balance between conservatism and progressivism to commend him trying to those who believe. wiser we may be than they.

they are distinct and separate. and especially. ' "Les lois de I'lmitation. the spiritualists reproach my determinism. There is also. the positivists in their turn will tax me for me with eclecticism or scepticism. 8vo. 1890. publisher. and clear without being dogmatic. during the last few years. but his degree of confidence in that thought. some partisan I will beg him not to anathematize the author before having read the other two. In spite of the close of free will has tie which unites the three portions of Therefore first if this work. the human conscience with science.AUTHOR'S FOREWORD This book is an examination of ideas put in circulation and brought into favor.^ with the various aspects of is a pointing out of a few legislative or penitentiary reforms which are the practical conclusions of these theoretical premises.. reconcile moral responsibility with determinism. which the conception of free will seemed to have separated with an insurmountable gulf. and the desire of it writer should feel of his comaccuracy seems to me to demand that a duty to express not only the precise shade to be me meaning of his thought. Felix Alcan. The theories which are herein developed deal with In the first place there is an attempt to three different matters. simple. . And as it is to be feared that. been displeased with the if part." 1 vol. an explanation of the criminal side of societies. work recently Finally. I will also beg the latter to hold in check the impatience which the reading of a few terms borrowed from the vocabularies of their adversaries might cause them.. there published. personal views. by the school of But it is even more a setting forth of criminal anthropology. fessional habit of impartiality has often compelled A pro- plex. in conformity with a general point of view which I felt bound to apply in another social life. There are certain subjects upon which it is impossible to be concise.

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later at Paris. Associate Editor of the Journal of the American Criminal Law and Criminology. "Archives d 'Anthropologic criminelle. and began the practice of his profession in his native town. he was obliged to deal. a Jesuit institution. He was born March 12." BecomMember of the Warren (Pa. These articles attracted the attention of Professor Lacassagne. . where he already showed his taste for philosophy and classical studies. at Sarlat. In 1894 he was called to Paris to become the head of the Bureau Department of Justice. In 1869 he was appointed a judge of the Tribunal of First Instance at Sarlat and in 1875 "juge d'instruction " or magistrate. and member of the Institute's Committee on Translations. His education was fields To of — — received at the College of Sarlat. Southern France. of Statistics in the Meanwhile his writings He brought to his office of magistrate a high conception of its and became intensely interested in the social problems indicated by the cases with which. department of Dordogne. as a judge of the criminal court. had established his reputation as a profound philosopher and a scholar of comprehensive learning. in Perigord. 1843. of the ^ Lyon. his judicial career covering a period of twenty-five years. which position he held until 1894.EDITORIAL PREFACE BY EDWARD LINDSEYi be recognized as an original thinker in three separate knowledge psychology. He analyzed the views of the new "positivist school. who sought Tarde's collaboration in the foundation. to pursue successfully the careers of magistrate. sociology and criminology. then newly before the public. It is a brief summary of the life work of Gabriel Tarde. duties of in 1886. statistician and professor of political science such an achievement is rarely to be recorded. He studied law at Toulouse." criticized their arguments and convincingly attacked Lombroso's theory of an anthropological criminal type.) Bar and of the American Anthropological Institute of Association. In 1880 he contributed a series of articles to the "Revue philosophique " criticizing the theories of Lombroso.

"Essais et melanges sociologiques. Tarde's explanation of crime is simply an application to the phenomena of crime of the general laws governing social relations as he conceived them. These views were more fully elaborated in the "Philosophic penale. Of his other works the most libre des "Etudes penales et sociales." 1891. and He died at Paris May 12. "La Criminalite comparee. In Political Sciences." 1902. and "L'Homme souterrain. and adaption and the interconnection of these principles as a system of by "La Logique (1897). "Psychologic English economique. After coming to Paris Tarde was appointed professor in the School of Political Sciences and shortly afterwards (in 1900) professor in the College of France. "L'Opinion et la foule. 1904." the subject of this translation. "Underground Man. his birthplace and the scene of his magis- trate's career. and social relations." of which an English translation entitled of "Social Laws" appeared in 1899. the first edition of which appeared in 1890 and the fourth in 1903. translated "Les Transformations du droit." 1895." 1894. published under the title "Lois sociales. this was followed sociale" (1895) and " L'Opposition These three works were devoted to the development of the principles of repetition. "Les Transformations du pouvoir. 1909. in and was based upon general prinsome respects strikingly in the general field of sociology as He was as much at home in the pro\ance of criminology. fifth edition 1902.xxii EDITORIAL PREFACE ing a co-director of this journal in 1893." published in 1886. — . a marble monument by Injalbert was dedicated to his memory at Sarlat. his connection with it continued to the time of his death and he contributed many briUiant articles to its pages." 1899. In 1890 he published "Les Lois de limitation. Tarde argued that the criminal is a professional type and set forth his theory of crime as essentially a social phenomenon. rests on the recog- . universelle" social science w^as set forth in a series of lectures at the "College sciences sociales" in 1897. In the same year he was elected to the Institute as a member of the Academy of Moral important are: into Spanish." 19 translation. 1893. in his view. opposition. All science." in which he set forth his theory of imitation as the fundamental explanation of social phenomena. Tarde's explanation of crime was essen- tially sociological in nature ciples of society original. In his first book. September." 1905." 1901.

such as. with a greater stability and permanence. either among the individuals composing a cerhimself. the indefinite repetition by each cell of its fmictions of nutrition. periodic is movement Correlative and equivalent to these social relations. — So. together with the repetition or succession of cells themselves. complement each . but this custom is subsequently uprooted by a new fashion. tends to spread itself indefinitely. All this applies to crime as to other social phenomena. where contact is less close and the activity is less. and heredity that shown by the world of life. in some individual And a broad survey of the world of phenomena. which finally becomes fixed as custom other. thus producing contradictions or oppositions beliefs or desires. secondly. But. as the family and in the country. Thus the form of repetition exhibited by the physical world. In the social realm every imitation. whence arise interferences and enlarge between these rays between of imitation. Fashion spreads a given action. it takes the form of custom. is imitation in the world of tendency to imitate those with whom we this is the essential element in the relation between any two or more persons. in more stable groups. in the social beliefs or inventions — combine realm. contrasts or oppositions. Thus in crowds or in cities. activity and reproduction. But to a greater or less degree these two forms of imitation are operative in every society and in a certain irregular rhythm or succession. To this is due the different nature of urban and rural criminality. — the come in contact. in its turn. growth. as fimdamental as is the relation of gravity between two masses in the physical sphere. tain social group or in the brain of finally. in the physical world. imitation takes the form of fashion with frequent changes. science rests on the recognition of differences. which may be denominated habit. in the biological world. the periodicity of the movements of the heavenly bodies and. which eventually becomes a custom. in the language of Tarde. which may be termed heredity. where contact is close and life is active and exciting. or imitative ray. In proportion to the closeness of their contact is the extent of the imitation by people of each other. we seem to see certain harmonies in the grouping and the totality of these distinct rays of imitation resemblances and these differences. or and so by adaptation organize themselves into a larger scheme or system.EDITORIAL PREFACE nition of certain similarities in the world of repetitions of xxiii phenomena or of movement or being.

'" all his sons. They may doubt his even more striking assertion that "there is no more reason for saying of a man who resembles his ancestors.' than if he is to have none. his future imitators. and by viewing the question his man's freedom to act according to own nature. Examined in this light the theories of Lombroso and the positivist school fail of maintaining Under view crime or physical fact. and must be solved by means of sociological principles. by virtue of the is laws of heredity. brought into the channel of the nearest of the vital sources" from which he springs. of the applica- Tarde does not shrink from the consequences tion of his principles to every question of crime or criminal law. And may these applications are worthy of careful examination. themselves. may quarrel with his view that it matters little whether the causes which produce the social individual "be dispersed in the immensity of the circumambient world or whether they be concentrated. but in the actual world where causality rules. the anthropological criminal type dissolves into a physical and economic causes of crime assume subordinate sible of roles. — . The biological world may afford us starting points. through him. and if not accepted must be met and answered they cannot lightly be passed by. Some of us may not believe his distrust of the jury system or his apotheosis of the expert to be well founded. The question of responsibility becomes pos- logical solution by treating it as a question of social responsibility. an abstract realm. they cannot simply be extended and held to explain the more complex relations of social phenomena. looking to the identity of the social individual his essential similarity to his fellows as the and by placing the individual not of free will as a question of in fundamental elements. his grandsons. who But his discussions of these topics are stimulating and suggestive. preoccupied with the physical signijB- cance of heredity.XXIV EDITORIAL PREFACE this is primarily a social and not a biological and the criminal must be studied as the social rather than the organic individual. professional type. However helpful may be the analogies from other fields. They not all maintain themselves. There may be some of the medical profession who. or that his deductions as to the extension of the death penalty are necessary ones. 'It his ancestors acting is there would be to say 'It are acting through him. It was Tarde's great merit to have recalled attention to the fact that the problems of crime are social problems. his social descendants. or.

EDITORIAL PREFACE but the social xxv and still world embraces this and more and has its own laws which must be established for themselves. which are not systematic. One grand conception underlies the whole construction and imparts to it its direction. And how keen and logical his analysis is! It is well characterized by in this ills Bergson in a Sarlat: letter read at the dedication of the monument at "In the history of philosophy we may distinguish two kinds of thinkers. But soon the unity and depth of the theory reveal themselves. September. To the latter kind belonged Gabriel Tarde." in fact by anything rather than by social measures. on whatever subject and by whatever way they set out. without apparent method. constructing step by step an intentional and premeditated synthesis.. Their reflections. where their fancy leads them. It is a most opportune time for the emphasizing of these truths principles day when are current so many proposals to remedy social by surgery. without having thought of being. . Pa. That which strikes one at first in him is the unexpected fancy which multiplies the new viewpoints. 1912. Their intuitions. the original and brilliant ideas. arrange themselves in order by always returning to the same point. but their all spirit accords so well with the unity of things that naturally consistent. organize themselves into a system. They are philosophers without having sought to be such. by "eugenics. The other kind go. Tarde's logical and thorough analysis of facts and of principles is most clarifying and salutary. There is one kind who choose their direction and march methodically toward their objective point." their ideas are Wahren.

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§ 8. the crisis of moof wariike. A minority § i. moralization of the master by the subject. § 9. Consequences of this Criticism of the ideas of Fouillee and 13 derivation § 5. 44 53 54 55 60 69 75 . § 12. Also moralization of man by woman. 23 The duty on of punishing. must have triumphed over a majority of But. and the progress it has made existing representatives. ideal liberty. Free will and science conception of duty and of right. 1 school. Necessity and difficulty of 7 reforming penal legislation § 3.. POSITIVIST SCHOOL its Origin of the positivist school. Prejudice of thinking that free will is the essential foundation of moral Kant and his noumenal morality. Fouillee and his responsibility. What is responsibility? What is a criminal? (Ill) What is crime? (IV) What is the remedy for wrongdoing? Criminal sociology. Attempts at moral reconstruction in every contemporary The modernization of moraUty. Analysis of the justice. The criminality of savages. Another cause of the existing crisis of the penal law. example cannibalism The zenith of the criminal law is bound up in the decline of criminality. criminal tribes rality. § 11. § 4. prejudices with regard to it. its success § 7. Statement (I) of its doctrines Preliminary remarks (11) §10. . Guyau 29 this subject Chapter II THE § 6. peaceful tribes.. of responsibility and of Duty derived from finality simply.CONTENTS Page General Introduction to the Modern Criminal Science Series v ix Introduction to the English Version Author's Foreword Editorial Preface Chapter I xix xxi GENERAL CONSIDERATIONS § 1.

§ 14. Preliminary remarks. opposition to this point of view as between the desire to produce and the desire to consume. The identity of the "myself" § 24.. the individuality Logical and cities.xxviii CONTENTS Chapter III THE THEORY OF RESPONSIBILITY § 13. (V) Civil responsibiUty § 27. their sociological significance. bility Reply to Binet. (IV) Review and completion § 30. § 15. (I) Identity. 99 107 109 115 § § conformism Importance of defining the bounds of a society. reprisals Royal justice took for its model. . it has its degrees (IV) Foundations of the limitation of criminal prosecutions. (II) 132 133 134 135 past times. Comparison with the collective responsibility of a nation. malefactors everywhere treated as enemies Expiatory character of pimishment. sociable and unsociable. The duty of believing or not believing §19.. assimilation Different causes of irresponsi- 150 § 33. The 156 moral sense . much 122 § 25. vendetta. necessity of this kind of physiological similarity. § 18. Extradition treaties . § 20. Its numerous analogies to individual responsibility What must be understood by social similarity (I) It has nothing to do with physical similarities nor even with every (Ill) The moral sense. The psychological conditions of personal identity are generally also those of social similarity § 16. syllogism. but warlike proceedings. What must be understood by personal identity What is the individual? 22. The ideological Good and evil. The hypothesis of monads (Ill) The State is to the nation what the "myself" is to the brain. deeper than the identity of the State. (I) Madness destroys and alienates at the same time. objective and subjective beliefs. permanence of the individual. 116 (II) A difference in spite of analogies. 21. Preliminary observations (I) 83 Moral responsibility founded on personal identity and social sim- ilarity 85 Conditions of the affections. which should be introduced therein 129 reforms § 26. 89 93 99 § 17.theory agrees with the historical one of responsibility Survivals of these § 28. § 31. (II) Unanimous judgments of blame or of approbation.. 143 146 148 Chapter IV THE THEORY OF IRRESPONSIBILITY § 32. teleological co-ordination. and in several ways. (I) Family solidarity of primitive times. The "force-ideas" of Fouillee. This limit is always extended. not the domestic tribimals of a former era. § 29. (Ill) The individuality of the individual made clearer by soul of the organism and especially by that of the State. Oiu. (Ill) individual transition . . The immortal and eternal similar conceptions § 23. Identity makes and unmakes itself. (II) The ideal of perfect responsibility. Social subjectivism.

192 201 202 212 Chapter V THE CRIMINAL § 45. madness due to alcohol. The criminally mad § 40. Necessity of surrounding suggestions. 166 172 175 182 185 § 39. Sovereignty Old age. Amnesia Hypnotism and identity. (V) The criminal is not a degenerate Refutation of this theory taken § 51. Heredity. Drunkenness. and mad geniuses Homicide by reason of imprudence and homicide in a state of intoxication. The § 57. (II) Internal duality of the insane: bility or irresponsibility of great § 35. (IV) The criminal is not a savage who has reappeared among us. (Ill) Continuation. § 37. Analogous illnesses of the social body Moral madness. (VIII) Psychology and the criminal. Slowness of great conversions. intermittent madness. Preliminary remarks (I) The criminal type § 47. madness. Age and sex Moral conversion. The example of Misdea analyzed. men § 36. The various forms of madness (IV) Epilepsy. Great extent of moral transformations obtained by the founders of sects or religions. in the brain. Effects of penal transportation. salutary insanity. . (IV) rural police and the urban police Criminality in Barcelona § 56. the Sicilian Maffia Urban brigandage. § 43. two forms of the association of images. Physiognomy and 251 is handwriting § 53. Remorse and repentance § 44. criminality. (VI) Is the criminal an epileptic? literally. Falret.'' Contradiction between the determinists and their adversaries upon this point. What may possibly be true at the basis of this idea. (Ill) The criminal is not a madman Il§ 49. lusory foundations of the hypothesis of atavism: physical anomalies. (Ill) xxix Responsi161 Felida and Rousseau. (I) The classification of criminals should thing be psychological above everyThe rural criminal and the urban criminal 265 268 277 284 § 55. before having localized its elements § 48. tattooing. (II) Rural brigan<lage in ('orsica and in Sicily. Its characteristics. Essential periodicity of psychologi§ 46. of criminal justice 256 § 54. (II) The "natural offense" and native criminality are two different things. moral responsibility with social responsibility (VII) Partial responsibility of the insane.CONTENTS § 34. 215 218 223 228 230 236 cal § 52. § 38. § 41. Impossibility of localizing this complex tendency. Psychology of the mystics. Voluntary decision gestion is 188 thus something other than a complicated sug- § 42. Hypnosis and dreaming. of his The criminal partly the result own crime and else. (VII) phenomena The criminal type 238 is a professional type. which imply the reality of the identical person. Should drunkenness be more of an extenuating circumstance as it is more inveterate. in no way contrary to individual responsibility Mistake of contrasting (VI) Theory of responsibility by Dubuisson. slang § 50. state opposed to true (V) Consolidated madness. Duel within the insane.

Climate and the birth inality and climate. Both At the same time increase in the same proportion in great cities. fields of criminality. (IV) Physiological influences. Crim61. according to statistics. From the social point of view. Deliberations of the Council of poisoning. murder by command. of reThe same law applies to feelings of morality 362 of different currents of imitation. drawn by Joly. Part PiiAYEd by Physical and Physiological Influences § 59. (II) The three factors of an offense. Race and sex 303 319 Preponderance op Social Causes § 63. The group. ideas. Examples drawn from the history of languages. § 69. propagated from the nobles to the people. Progress of homicide. 348 rhythm. (Ill) Application to criminality. (I) The tendency towards imitation. The biological and sociological interpretatioB the rudimentary eye 294 1. The lovers' vitriol Its divisions by water§ 67. § 68. Existing statistics. as well as the family. § § The repetition and even the regular variation of statistical figures imply the non-existence and lack of the exercise of free will. according to Ferri Lacassagne's Criminal Calendar. Counterfeit money. their struggle or or immorality § 70. (VIII) The meeting their concurrence governed by the laws of social logic and expressed 371 by means of statistics . Herault. How a suspicion soon becomes a conviction among a crowd. Similarity of the former and the latter aristocracies. Women cut to pieces. assaults Murder be- Rape and indecent upon adults and Abortion and infanticide. formerly furniture. today capitals. the law of insertion. How can this be reconcilable? civilization improves mankind. needs. a primitive social factor. of statistics. (V) The crime chart of France. Decreasing importance of the part rate. its study by means of the phenomenon of crowds. The superior is imitated by the inferior Propagation to a greater extent than the inferior by the superior. (VI) Criminality of great cause of greed alone. (II) they are in close contact. the alternate passing from fashion to custom. Preliminary remarks. Genesis of popularity and unpopularity.XXX CONTENTS Chapter VI CRIME § 58. an irregular upon children. dogma. double origin of societies The laws of imitation. cities. Alleged law of inversion between crimes against property and crimes against persons. sheds. Vices and crimes were formerly § 65. ligions. 331 338 342 . Climate and mortality. The great fields of imitation. Their effect upon industry and art (I) 297 302 § 62. Pillage and theft (IV) At the present time they are propagated from the great cities to the country. of industries. . (VII) By means of another of the laws of imitation. The spirit of sect and the spirit of the group. they show that man living in a society imitates far more than he innovates 60. 326 Ten. its force and its forms. Eudes Rigaud . (Ill) Physical influences. Men imitate one another in proportion as 322 § 64. Examples: drunkenness. from the higher to the lower in every sort of fact: language. § 66. 2. . Normandy. played by physical influences corresponding to the progress made by a society.

Proof by ordeals and the Proof by torture. testimony. § 88. change in the accusation. carried out § 86.... . A consideration of motives § 85. . At first internal changes in each sort of crime. Importance of this consideration in criticizing impartially the judges of Irreversibility of the transformation pointed out above the past. § 75. EflBcaciousness of penalties. from the unilateral to the reciprocal 416 Chapter VII THE JUDGMENT § 79. Holtzendorff's § 84. 396 403 412 as that of the succession of tools. its variations and their causes some reforms proposed in the matter of definition of crimes . belief. (XIV) In the second place. . Proof by the jury.. production and ex423 change of injuries § 80. which has nominally remained the same. Four phases. this corresponds to that of religious thought or irreligious thought. Same order . by criminal procedure and penal justice in social Production and exchange of services. to the influence exercised by work and industry (XI) In the third place.CONTENTS § 71. (I) Proofs and examples summary in the 473 483 . and have been legalized. The point § 83. of religions. . Impossibility of requiring absolute conviction on the part of the crim- inal judge. future of expert testimony. of law. of languages. sity for a special school of criminal magistrates The Neces- 440 § 82. (I) Premeditation in case of homicide. Gradual moderation of penalties 484 . (II) Attempt. § 77. Criticism of of conviction. general meaning of this transformation. The place occupied science. § 76. Changes method of penalty which universally lead to changes in the proof. to the influence of civilization in general (XIII) Analogies offered by the historical transformation of offenses with that of industries. etc. Historical evolution of criminal procedure. custom § 81. Garofalo's theory of the "natural offense" (XV) In the third place. (X) In the second place. first of all xxxi to the influence of teaching 375 380 388 392 § 73. § 78. possibility of and usefulness of this estimate approximately estimating the degree of his though it is an imperfect one.. theory. and then consolidation by imitationduel at law. 455 461 462 History. The book of Alimena. § 74. (IX) Application of these ideas upon criminality § 72.. or vice versa. 429 Criticism of the jury system. crimes which have become torts. changes in criminal procedure. Irreversible order (XVI) tiate A summing up of the chapter. (Ill) WTiy a likening of attempt to a crime which has been is repugnant to common sense CompUcity 468 471 Chapter VIII THE PENALTY § 87. to the influence of poverty or wealth (XII) And fourthly. Comparison with the variation in values. Crime and war. Historical § 89. Characteristics which differen- Historical passing crime from the other social phenomena. General meaning and irreversibility of these slow revolutions. Proof by expert Propagation of each of these methods by procedure through imitation-fashion.

Robespierre and Napoleon. As a third method.' the death penalty. a constant antithesis. (II) The penal law and the relief-board ought to be derived from principles not contradictory to each other The "manicomio criminale. § 92. the Irish system. Protestation of the feelings: increasing horror aroused by the death penalty. 532 interpretation § 98. Inconsistency of the general public: to the extra-judicial death penalty. or by the existing methods of carrying it out. abolition. . the increasing extermination of inferior races. should not be more egotistical. Fictitious enthusiasm raised by Reaction against this Effect of Christi§ 96. take into account the suffering of unsatisfied public indignation Society § 99. The problem the idea of its 528 . possibility of legal mistakes. Is it desirable to extend it. The doing away with war and the abolition of the scaffold. . pretended inefficaciousness. radically change the manner of carrying out the 551 death penalty. Statistics on this subject. than should the individual. while opposed to the legal death penalty they are favorable Another contradiction: the scaffold. the cell. as well as in the penal law (I) Penal law based on utility or opinion Rational basis. progress of militarism. and the § 91. scale of penalties. 545 tained: in political matters § 100. (Ill) The various penitential systems. taken as a whole. (IV) Transportation. Escape of the condemned who have been pardoned. 489 502 508 511 cooclusion 516 Chapter IX THE DEATH PENALTY § 95. . Utility of an experiment to be tried for definitely solving the question. But utilitarianism would logically carry us much too far." § 93. 538 Arguments to the contrary. Theoretical and religious importance of the question.xxxii § 90. One of two things must be adopted. Another consideration. (II) Price CONTENTS and penalties. The scale of offenses. The death penalty is abolished in the very cases where the utilitarian doctrine most demanded its being re. anity and influence of Darwinism. their improper of the death penalty. either abolish the death penalty in order to substitute something else for it or else make it milder in order to extend it Weakness of the ordinary argument against § 97. Irreparability. and the gradual dispensing with the Utilitarianism ought to . A new phase in political economy . The "Phaedo" and the guillotine 562 569 INDEX . The necessity of segregation of prisoners based on their social origin Comparison and § 94.

PENAL PHILOSOPHY CHAPTER I GENERAL CONSIDERATIONS § 1. prejudices with regard to it. But. The ful criminality of savages . Necessity and difficulty of reforming penal § 3. criminal tribes tribes. Against this peril labor the Hercules. Kant and his noumenal morality. A minority of of peace- warlike. in every another tide to be stemmed. cannibalism. of man by woman: example. The zenith of the criminal law is bound up in the decline of criminality. Also moralization of man by woman: The primitive wandering tribes who aspire to establish towTis have an ever present danger with which to contend: that of the wild animals which threateningly growl about them. prejudices with regard to it. was compelled. The modernization of moraUty. that of brigandage Such is the obstacle which has to be overcome Catherine II had to overcome this in it new country. Modern Greece. § 4. legislation. Anlike. cannibalism. morahzation of the master by the subject. The criminality of savages. § 5. The duty subject. liberty. of punishing. Attempts at moral reconstruction in every contemporary school. the crisis of morality. Free right. and science. Also morahzation tribes. when barbarism is every primitive compelled to make way for civilization. and his ideal Scholastic origin of this prejudice. must have triumphed over a majority of peaceful But. there is or organized crime. Prejudice of thinking that free will is the essential foundation of moral reFouillee will sponsibihty. and she accomplished by means of the subjugation of the Cossacks and Tartars. and also was . A minority of war- § 2. "Christian and Mohametan brigands" as they are termed by Rambaud. criminal tribes other cause of the existing crisis of the penal law. Consequences of this deriva- tion. Criticism of the ideas of Fouillee and Guyau on this § 1. Russia. morahzation of the master by the subject. having become the traditional land of brigands. legendary heroes of society. Later on. must have triumphed over a majority example. Analysis of the conceptions of justice. duty and of of responsibility and of Duty derived from finaUty simply.

compelled the remainder to arm themselves. as has been shown. and that goodness.2 GENERAL CONSIDERATIONS them. it should rid itself if it wants to expand and be at ease I am alluding to that form of criminality which exists in the great capitals to urban brigandage. that the human race was created wicked. because they have left undoubted traces of the care which they bestowed upon their sick. and of which. nevertheless. and in this way extended to the entire mass of honest humanity its criminal many . The immorality of existing savages has been exaggerated. which alone have come under our observation. Criminality changes from age to age. But it does not seem to me to be proved. the most absolute improbity and inhumanity have eagerly been attributed to the people of the stone age. implies the existence of game. would soon have conquered the majority of the other tribes. Italy renascent is [§ 1 able. a foundation for the explanation of of atavism. and which is. polished. according to de Nadailhac and the discoveries of the archaeology of prehistoric times. warlike tribe. could not have been without all good faith. should be avoided at the very threshold of our work. a warlike tribe the existence of murder and which has served as the existence of crime by means This error. who nevertheless. was the later work of civilization. pillaging and sanguinary tribes seem to outnumber the others. that the earliest savages were addicted to theft on the largest possible scale. among other authors. the sentiment of justice and the seed A hunter of all the virtues. There is another plague whose germ is carried and fostered by civilization itself. Although among the existing or modern savage races. existed in the midst We can rest assured that peaceful and laboring peoples. organized along military of it Let us admit that in the beginning a single lines. to exterminate engaged in suppress- and even in Sicily. it does not follow by any means that conditions were always such. and could not have been wanting in all humanity. ing in Calabria : them — And not the least arduous of tasks. in spite of the prejudice to that effect which has become current. industrious tribes. relatively speaking. would that we might also add in Corsica. And that is not all. and without the least foundation. as the same author remarks. because they were given to trading outside their own territory. certainly if one goes back no farther than this is the time of the barbarians. France has succeeded in doing so in Algeria. by Henry Joly in his book on "Crime" (1888). Is it true that in changing it decreases? Yes.

who cites Bruyn Kops. their neighbors. It should be remarked. a monstrous one I admit. a Bismarck to even in an infinite it must inevitably triumph over good. after having studied far superior in morality them at close range for such a long time. for example. and who. whom theft is (New Guinea). kills. originally peaceful. by its tendency to reproduce itself and always. to a greater extent.§ 1] THE CRIMINALITY OF SAVAGES 3 virus. as Corre justly points out in "Crime et suicide" (Doin." ^ This negrito race. Perhaps it would be only right to add the cave- dwellers of Belgium. * The Figians are everywhere cited as the most hardened cannibals. However. "Homraes fossiles et hommes sauvages"). the reciprocal caring for one another. or sells him. 1891). we are in the past. ^ They know no form . in spite of everything. formerly owned all the land where today it retains so little room. show us an example of the most exceptional virtue.^ Besides. or if he has. began by learning the art of war in order to defend themselves before taking to fighting from any preference for it? ^ The original diffusion of the spirit of good seems to me to be attested. he ends by absorbing them into the tribe. as a general rule "the savage has no slaves. justified in even though scattered assuming its wide extent this point of Now it is surprising from view that travelers still point out to us so the Doreyens many peoples who are mild and inoffensive. according to de Quatrefages. the Negritos. hunted and persecuted. and the spirit of equality and equity. enflame the whole of Europe. A little leaven suflBces to raise a huge loaf. which they apparently acquired from an external source. among almost unknown. In this case evil. minority. and it has reqviircd only a few missionaries to transform them morally and socially. of whom Wallace. they are better than they are reputed to be.^ and who are at the same time and far inferior in civilization to the Malays. furthermore. 1889. according to the English traveler Brenkley (see de Quatrefages. after each great military conquest which has taken place owing to the interposition of the evil principle. treats the slave like a vile beast. the barbarian often trafBcks in human flesh and blood. ^ the Andamans and a thousand other races. ' See other developments on this point in my study on "Moral Atavism. among those savage peoples of today most given to plunder and to murder." May. poor little negroes who inhabit Malasia." which was published in the "Archives de 1' Anthropologic criminelle. but explainable by reason of the institution of slavery. who. could you but penetrate the obscurity of their history. thus differing from those of Perigord. shows us the gentleness. who. for it contradicts their customs. in See on the subject of these tribes de Quatrefages. seem to have possessed no warlike weapon whatsoever. good exists. of theft except child steahng. Besides. and as an exception. how many would you not find. Whence follows that if.

after their submission. that it is a Often. 1 larity . which. victory will transform the morality of the conqueror? Yes. and one endowed with noble instincts. Every population which has practised slavery has taken it upon itself to explain it by means of the pretended inferiority of the subjected race or its pretended crimes. between the belligerents is such that the vanquished. sometimes." is true. and does not survive that. entire human race. have gained in defeat union and peace. a condition which is indispensable to that higher morality which embraces within its boundaries the The Romans were a harsh and cruel people. of the old French nobility which was dethroned by the bourgeoisie. although the superior ones owing to their military power. remaining true or reverting to their original mildness. but must calumniate him. and they have been the less able to do this as their defeat has everywhere. of the Moors who were exterminated by the Spaniards. has been a great and unconscious work of moralization. of gigantic levelings of customs. but more often the conquering race in the long run is dissipated and becomes absorbed in the conquered races. there remains not one single Nevertheless they drew this admission from representative of the Tasmanians. have been unable to exercise any appreciable moralizing effect on their conquerors. always in the majority.4 fact. favorable to the territorial expansion of their influence. this moral superiority of the vanquished over the conqueror is only due to "The French serf and the colonial slave. because by its means States come into accord with one another and humanity proceeds in the path of increasing agglomerations. that if GENERAL CONSIDERATIONS evil [§ 1 end to the profit of good. Tliis very frequent moral superiority of the vanquished over the conqueror would be a self-evident truth if history were not regulated by or for the conqueror. perchance. most crafty. For example." his defeat. but a brave one. of the Saxons whose property was taken by the Normans.^ Success is so far from sufficing in the eyes of the conqueror But here the dissimiI could also add savages wiped out by white men. nevertheless their conquests have had the effect of softening and even of enervating the Mediterranean population to such a point that the barbarians had the opportunity in their turn of invading them. is not satisfied with the destruction of the vanquished. Governor Arthur: "We should recognize today. it primitive race. The triumphs. one of their destroyers. after a short time. How can this happen? Is it that. it is in the The victory of the most cruel. been a radical destruction. It is only with the greatest difficulty that conscientious history or archaeology succeeds in guessing and extracting from under the accumulations of official or officious lies the historical truth with reference to the moral status of the Romans who were replaced by the barbarians. and least moral tribes and nations.

or in their homicidal proceedings. the most courageous and the most fierce women show "an insurmountable aversion to cutting instruments" and to every sort of death which. the influence of woman has produced the same effect as the progress of civilization. "are worth more than the lord and the master." 1 In his "Evolution de la morale. while they are the most lacking in education. assuredly woman has always had as little taste for homicide as for cannibalism. as in her physical characteristics themselves. If then her horror for this latter practice has been contagious. the "eternal feminine" has kept inviolate that freshness of soul which creates her charm. a rebel against every civilizing custom.have been less? As to theft. and have contributed in great measure towards uprooting this monstrous custom. without doubt forbid anthropophag. as Letourneau would have us believe. they equaled them in its attainment.^ that this disgust. and to justify it in giving credence to the most impudent fabrications as regards his dead or disarmed enemy. must have been transmitted from mother to son. if one stops to think of the attraction of the forbidden fruit. This great fact.y' to her. the morahzation in the long run and often the civilization of the master by the subject. and in which seems to live again. A traveler inwomen have a deep this is human still jflesh. the refinement of tastes and sentiments which distinguish woman. true. emancipated. in causing blood to flow. the moralization of forms us that in the Marquesas islands the horror of man by woman. primitive humanity.§ 1] THE CRIMINALITY OF SAVAGES 5 one who triumphs that he hastens to complete it by justifying it. too Httle known. and today the change would tend to show itself on the side of the masses of the people. Better than any legal defense. Also in this respect. should perhaps be brought into closer relation with another fact no less neglected. Is this the only point where the power of moralization of the least civilized sex can make itself felt? No. from wife to husband. " 1851) says with good reason that. Whatever else may be the case. similar to that of the fox in the fable. the feminine aversion which is here referred to. it against indulging in a dainty too rich for them? says Corre in "Crime et suicide" (1890). founded upon the restriction imposed upon the "weaker sex" This is scarcely likely. and on this point we fully agree with Letourneau. notwithstanding that. who are the rulers and the least restrained. and that Is it also true among all peoples who is are cannibals. Is not our increasing horror of the guillotine ." ^ Especially for bloodthirsty murder. from the point of view of moraHty [rehgious and judicial]. Fernis ("Les prisonniers. why would her repugnance to murder . disfigures. whether in their manner of committing suicide. from sister to brothers. even though she be savage.

. . peaceful herdsman upon and oppressed. it would nevertheless be true that the theory of crime as a recurring phenomenon is simply a hypothesis. which is due to a woman. very much in favor of women. as an exception. the ever increasing insignificance of her share contributed to society from the intellectual point of view. are precisely those which are in on the increase among a people who are becoming civilized. as are the majority of monkeys. adultery. that is sufficient for our theory. gentle creatures full of tenderness for their own. Let us accept this formula if you will. of primitive due to the increasing "effeminization" of our customs. whereas murder is on the decline in the march of progress. 1 Criminal statistics are. Woman. and as though one had the right to confuse the conditions of the offense with the offense itself. But even then.). it would rather be family life and the development of the patriarchal virtues. " that feminine vagabondage. that the gradual replacing of violent and coarse methods of taking away property by processes which are artful and refined is due in a measure to feminine influence. universal transformation of sanguinary criminality into voluptuous and perfidious delictuosity was accomFor this reason plished under the increasing rule of woman. the feminine role prevails over that played by our sex (immorality. cit. some writers are not yet well convinced of the moral Lombroso wants us to add to the debit side the superiority of the weaker sex. without any justification. There is not one single invention tending towards civilization. also it is to be remarked that theft is on the increase. etc. it is not war or assassination which we must seek to explain by atavism. even although on principle we approve of the death penalty? Now among savages and barbarians bloodthirsty murder is by far the most frequent." Just as though. quota of prostitution. op. There are of crime. But one can believe. ^ criminality became effeminate also of the as it became urban. while becoming more civilized. I fear. If man's ancestors were frugivorous. shop-lifting. even here. as though to counterbalance. Thus it is permissible to say that delictuosity. upon their oppressors. however unimportant. in appearance at least. is always better than man. France only one-fifth or one-sixth as many women as men accused In the United States the proportion of women criminals is ten per cent. more often than not. it would seem. the prostitute were not the victim of man's libertinism. although there might be some exaggeration in this way of looking at the matter. and respects represent final civilization as the revenge of woman tribes. woman seems to have had an extraordinary influence upon the development of the human race. But in spite of these figures. infanticide.6 GENERAL CONSIDERATIONS [§ 1 cannot have inspired very much repulsion. We could in some upon man. is also becoming more effeminate. that is to say. Thus from the moral point of view. according to Henry Joly. Unerringly the slow. the warrior. Let us add that the offenses where. to her natural artfulness.

The modernization of morality. But still in the intermediate stage. opinion becomes disinterested. but radically changed. by the way. Social utility is not the only aim of the legislator. Necessity and diflficulty of reforming penal legislation. at such a time as this that the conception of a utilitarian body of penal law is elaborated. of At the time an epidemic there is no time to care for the sick according to regulation. perhaps not entirely blotted out. there the gradual dying out of the criminal virus was accomplished on a large scale. society which at that time is honest then defends itself as best it can. and cruelty as bad faith. the need of preventing possible overflowings and of some guarantee against them by means of ingenious and \nse measures is felt. when the stemmed tide of crime from bank to bank. our penitentiary colonies might well be modeled). as a man surprised by a nocturnal assassin would do. each offense becomes a theme to be discussed by the public and an opportunity for the judge to display his wisdom and his justice. who. We terrorized a continent. It is. On the other hand. triumphant crime between and prevailing honesty. the time to recommend penal reforms is not the time when its rule is really threatened by the danger of criminality in insurrection. under the blow of catastrophes which have overthrown an established social order. we have seen honest people give themselves up in despair to brigandage and countries see. or vice on the one hand. see realized In history every possible transition organized. This may account for the atrocity of the penal laws of the Middle Ages. Attempts at moral reconstruction in every contemporary school. without reckoning the force of its blows. We versa. there is time to make a study of the delinquents one at a time. brigands. It has its executioners as it has its soldiers. The permanent settlement of the Normans in the province which bears their name is the most striking example of these conversions "en masse". however. violence coming to be regarded as trickery. when the tide of offenses has receded below low-water mark. having become themselves converted to a relatively honest life and found fine colonies (upon which. pirates. Now when comparative honesty holds sway.§2] § 2. Elsewhere. reaching . crushing right and left. In fact the penalty becomes less and flows. but in theory only. formerly prosperous return to barbarism. the crisis of morality. THE The CRISIS OF MORALITY 7 zenith of the criminal law is bound up in the decline of criminality. Another cause of the existing crisis of the penal law.

I also an actual decline of violent crime. I analyzed and explained the official resume of the statistics for the twenty years from 1880 to 1900. and among the upper hypnotism or classes of the scientific or artistic disease of of symbolism. be they coarse and strong. in spite of a momentary recrudescence of offenses. criminal France have shown a decided amelioration. and while showing the excessive optimism of the constatistics in clusions which close this report.^ But that is not the principal reason for the infatuation of the public at this time." of 1903. in the chairs relating to delinquents. and then forced back. At the same time the true cause lies deeper. which causes the breaking out of the scourge of alcoholism among the lower orders. But this which are 1 intellectual morbid condition has its own causes. in the daily and periodical press. to offenses and even at the bench and bar. the golden age even of penal law. The progress of recidivism was checked from 1893. and the penitential reforms theorists of utilitarianism themselves [§ 2 initiated by the demand increasing expenditures of time and money which redound to the benefit of the malefactors. or strong and exquisite. to inaugurate a new era of criminal legislation. the enervating of superexcited brains. a silent and scarcely perceptible revolution except for a few thinkers. betrays in this "fin de siecle" a grave nervous crisis. and it belongs only to an age of moderated customs. The crying need for new sensations. such as ours is in fact. is but one of the forms in new guise of the great actual crisis which morality is undergoing. The sort of fever which today is pervading the penal law. thus connected to a certain extent with the decline of criminality. even psychological ones. This derangement of the internal guiding principle in the very midst of a social upheaval is attributable to many causes. as well as the economic problems and the political agitation of these times. The zenith of the is body of the penal law. when all this was written. but more fraught with incalculable consequences than many a famous upheaval. One could more readily believe that the slight shudder caused our society by the revelations of statistics and anthropology in relation to that which concerns the steady increase of recidivism and the incorrigible of the universities character of the born Cximinal has caused these problems to be- come the order of the day. . for questions and penalties. In the "Revue penitentiare. Without a doubt Since thirteen or fourteen years ago. above everything else. if came to the conclusion that there had been not of crimes of fraud and stealth. the frenzy of psychological curiosities or decadent novelties and of Russian romances.8 less severe GENERAL CONSIDERATIONS from day to day.

be attributed the favor which the psychology of the criminal enjoys. and for that reason the more feverishly grasped. in order to get rid of its despondency or its boredom. that relative comfort which has cost so many centuries. either idealor chimerical. However. the abrupt and unexpected reincarnation of mysticism under a thousand different forms in our generation. a sort of repugnant is istic marvel. with open eyes. those stars of foremost grandeur. this may be capable of appeasing its enormous thirst for the unknown. But it is none the less certain that there no more any intense realism without its reaction. little as it may be. It is not that it seriously expects to find therein anything very much. Thus it is dreaming. That material well being.§2] it THE CRISIS OF MOR. would wish to indulge themselves in the sensations of an assassination in order to analyze them. our society has and scorns. Those who. it digs right and left. may be in appearance the quiet working of the thought of all Now why this troubling of the brain? it. than there is fire without smoke. to determinism. gulf. like the neurotic hero of a celebrated criminal trial. that realist dream which has nothing in common \\"ith the religious what it is dreaming and the sky is empty. new Because certain which have contradicted the former ones. Those proven truths. the hideous wounds. becoming more and more a dogma. and calls for something else. However cold. I want no better proof than the tendencies manifestly brought out by the most positivist of our contemporary litterateurs. the heart visions of the past. but.'' To this cause may. so many generous efforts. it possesses. ideas have entered . every variety of mental alienism or of moral aberration. and often the clearest flame has the densest smoke. with fury. into that which has never yet been disturbed. dabble in a quasimystical pessimism? Do they not allow passion to clear up that which is obscure to explore the monstrous. I am speaking of its intellectual chosen ones. pederasty. Do not they also. however much of a stranger to the sublunar world. it is in despair. and they especially. the shameful miseries. in the style of Dostoievsky in "Crime et chatiment. to a great extent. that which has always been repulsed with disgust. it and for want of finding about says that the earth is insipid of the scoundrel or of the prostitute fallen into the depths of the sapphism. the writers of the naturalistic school. which so many geniuses have set alight in the heavens of science." are numerous. but it no longer takes the trouble to contemplate them.VLITY 9 may seem singular to attach to the ruling positivism.

But this agreement is only apparent or fleeting. after having plundered some spot. which and to enforce with authority. whUe hoping that they may perhaps fertilize our own brains. struction or. for they are only maintained in each case in proportion to the degree of energy necessary successfully to combat egoism upon the condition of having overcome unanimity. is the result of their theories. there since been treated the no maxim so venerable as not to be treated as have long most sacred dogmas and summoned to produce its authority. and that the same facts are charby persons who attribute to different and some times contrary acts the character of duties. the morality While the enlightened in one word. Let us then rise to the level of the doctrines of the masters. dares not disturb its landmarks. a meaning of social prejudice purely and simply for others. Perhaps it could be said that there is a better understanding as to what is what is right. Beaussire. But at the present time a is landmark is only a stone like any other. that which to some is an aggravation of the responsibility is to others an extenuating circumstance. There is no longer any common ground between one school and another. ideas of the human mind. Kant. on the one hand. stopped made of it short of the ancient notion of for all the Duty and even. Also all the heads of the different schools. nor on the fundamental distinction between right and wrong. and as far as each criminal trial is concerned. at least in the sphere of society immediately surrounding them. to put it the keystone of his new con- better. depositaries of the spiritual or Kantian tradition Christian tradition Caro. is This exceptional timidity of the boldest of thinkers of the prestige which up to the end of the the striking proof last century religious morality. neither on the limitations of rights or of obligations. are compelled themselves to formulate with strength. From this there arises among the former as well as among the latter a more or less unwrong than as to acterized as crimes fortunate weakening of their moral convictions. — — .10 GENERAL CONSIDERATIONS [§ 2 it is on this thought that we must fall back as on the high and hidden source of the torrents which ravage us. the only trace of religion yet remaining. in reality crime has a concealed meaning of mortal sin for some. had preserved. of his artificial restoration. appreciating the needs of the present and fulfilling even better those of the near future. Like a superstitious thief who. Franck. as though to have himself pardoned ruin he brought about. in his universal criticism of the the philosophers.

ponderous precepts. and other changes which stamp upon modern life its own particular character. resting on a very weak foundation. Morals themselves are becoming modernized. one is led to suppose? which is causing thinkers so much anxiety is attributable. artistic. the name of Nietsche was still His moral philosophy cannot be considered as anything more than an attempt to found a system of morals at one and the same time opposed From the aspect of this double negative. OF MOR. and the leagues against it have thus far only served to befog it without succeeding in replacing it by anything durable. positivists. Georges Sorel is one of the few socialistic writers who have made any attempt to overcome this hiatus. the fundamental elements of an infallible school of ethics. from the workingmen to the peasants. The old rights and duties are seen to dissolve. into those minds which are a prey to contemporary instability. On their side eclectic thinkers. and that. but after all useful and fruitful. ended in a leaning tower. itself. but one can also see that new rights and duties are in process of formation. * When I was engaged known in France. The old rights and duties. to that combination of political. . the materialists. as workmen try to build a bridge over a river which and Renouvier on the to force into them new desires has overflowed its banks. even should it be deprived of the admirable style in which it is set forth. are working to dissolve the perplexity of consciences into an original synthesis. it to Christianity and to democrac}'. but the thing which Karl Marx seems least anxious about is the problem of morality. which with him becomes confused with the problem of economics. utilitarians.§2] THE CRISIS other. It should have belonged to contemporary socialism to bring us a new moral philosophy. and transformists coalesce to project. are spreading at a pace unknown to our ancestors. if the sentiment of respect is everywhere undermined. after all. Is the evil as serious. unchangeable formulae.\LITY 11 expand the old formulas in order and new ideas while absorbing them. as irremediable as I do not believe so. often in the form of a mixture of envy and absurd pretentions. the "evolutionary morality" of Herbert Spencer begun on the plan of a pyramid. but that will not suffice to fulfil the requirements of modem society. Fouillee and Guyau. the sentiment of the individual's honor (I do not say that of the family) as an incentive of actions is everywhere spreading from the middle classes to the workingmen. But. to tell the truth. presents a true originality. industrial.^ which is In truth traditional morality is the only kind which survives in our hearts. the ethical Babels of the innovators scarce rise before they are overthrown. There lies the danger of the alive or present. This moral crisis little in writing this passage.

in fact. From the contemplation of this it is permissible to predict that the deep-seated disturbance of our an end in our posterity. which was so massive as to be immovable. In the meanwhile the situation is embarrassing. and that this solution. The characteristic which I have just pointed out is. ideas of morality squaring of the that it circle. has given rise to an unending conflict between the determinists and their adversaries. it is the same with our literary works. In another chapter we will show that this difference can be accounted for by the social laws of imitation. once accepted without discussion. but succeed more and more rapidly in universalizing themselves during the little time which is given them to live. resembled the furniture of former times. even towards enervating repression. deep rooted and always triumphant in the end. is has been too hastily solved. The unfortunate part of it. the souls will be brought to owing to their flagrant disagreement with the new which are beginning to come to light. now seems as difficult of solution as the problem of the necessity. but belongs to every period wherein the tendency to imitate the contemporary and the stranger prevails for the time being over the necessity. our pictures. in basing responsibility on free will as upon an indisputable postulate. the difficulty. for morality. not peculiar to our age.12 GENERAL CONSIDERATIONS [§ 2 offering resistance and to a certain extent cumbrous. owing to the contradiction between these ideas among themselves and their contradiction of old ideas. Under what conditions and to what extent is the individual responsible for his actions which result in injury to his fellow-citizens? This very simple question. it varied and contrasted from one place to another. our novels. Our furniture of today is of a frailness which is compensated for by the ease with which it is renewed and moved about. which is the fundamental point of the body of penal law. of imitating one's forefathers. though it lasted in one spot and through centuries. We out in what follows how much the fictitious importance here attached to free will has contributed towards causing a division of minds and leading consciences astray. and for the penal law. especially In every country is felt simultaneously the for criminologists. as we see it. necessity and the difficulty of reforming our criminal laws. our ideas in general. . our plays. and consequently how important shall strive to point it is to seek some other support for Duty and responsibility. which pretend less and less to make themselves eternal.

He adds that liberty is an idea of this type. to a certain extent like that God of St. is a determinist. all rival theories. he is anxious to preserve duty at any price. "Laliberte etle determinism. possible. in this very illusion would gain strength to become realized by it great thinker was a determinist. But." According to him." that psychic facts are effective realities and not simply "epiphenomena" whose suppression would change nothing in the course of physical facts. express or implied as to the indispensable condition of moral responsibility." that of "noumena. So that disbelieving in noumena. degrees. like Kant. he is convinced that duty without liberty cannot exist. In the first place. ^ I admit that I cannot very well understand. upon their appearance in a mind. it is interesting to ascertain at the basis of will. "^ . is the true and gradual means of our liberation. He is right in attaching great importance to this demonstration. whether opposed or not to freedom of the what the general belief.§3] FREE WILL AND SCIENCE 13 § 3. Scholastic origin of this prejudice." 2d edition. the constructor of the most symmetrical and restricted system of ideas which had ever been seen. From my own point of view it has a very great importance. and strengthening themselves by means of illusion. and the mistaken consciousness of being free that each one of us has. creative visions. in his "Evolutionism des idees-forces. Anselm. Fouillee and his ideal Uberty. if the determination of will * is decided upon at each moment by means of the com- Let us not forget the fascinating influence which Rousseau had over Kant. Kant and his noumenal morality. Now in order to have the right to maintain this pure firmament at the summit of his system. The result of this is that there is between mental determinism and physical determinism a profound difference which allows us to found the altered notion of moral responsibihty upon the former. to admit the existence of a world where a rigorous restraint did not rule. the belief in whom implies His existence. But at the same time the fixed idea of duty blinded him as much as the divine confusion of the starry heavens.^ Fouillee. A striking example of this is indissoluble association of ideas is furnished us by Kant. Free will and science. banished from the world of phenomena. This would have been deeply repugnant to him. No one has shown as conclusively as Fouillee. he conceives of the ingenious solution of the problem by means of his "force-ideas. ideas exist which. till then impossible. like Kant." where he placed freedom. F>rejudice of thinking that free will is the essential foundation of moral responsibility. he found it necessary to imagine for that purpose his "other world. 1887. and. like Kant. would make their purpose.

ing under phenomena. where Kant had realized its retainment as ridiculous and inconceivable. pre-real or extra-real. amid the procession of these spectres without bodies. the moral postulate. extent. in other phenomena. All that I clearly perceive in this that as the consciousness of ourselves. introduced into the accumulation of already projected series from that instant of However. and this. I do not say of our liberty. that there are. of our personality. author. He advances this theory. he undertakes a supreme effort. he denies at one and the same time the existence But as. among the things to be seen in this theatre realization in without wings. or its ultimate an infinite future. in the very heart of the world of phenomena from which Kant had expelled it. how any is combination will become any the less a determining factor because we have been more strongly influenced for want of influence to the contrary. is surely augmented." of really a "force-idea. he replaces liberty. loftiness of soul which alone successfully overcomes the radicalism of his reasoning. is it not around them. the preponderance of causes from \\'ithin. and duration. that their cause for existing at all can be found. indeed the "phenomenism" of this liberty into his world seems to have closed every possible entrance to it. he refuses to admit either the placing of on a noumenal throne. which is But we liberty will come back to this matter. if there is one system which logically should have it is resulted in determinism. beginning of a series. he wants above everything to re-establish threatened duty. limited by time and space. which are ourselves. is it not incomprehensible that the effect of these exact and who before summoning . As independent a Kantist as he is an ardent one. apparitions which cannot entirely be explained by means of previous or coexisting apparitions. with that of noumena and the infinity of phenomena. which limit he calls the Universe. is of much more importance. and if these surrounding phenomena are limited as to number. Renouvier rejects these eclectic processes. as there is nothdenial of substance and of the infinite. but partly created in all their parts by the unforeseen vibration which nothing could have made it possible to foretell one second beforehand. in my opinion. It is the idea of our "myself.14 GENERAL CONSIDERATIONS this [§ 3 bination of external influences and our inclination from within. becomes more sharply defined." our personal identity. some time. out of first some new source of power. by formulating his dual After all.

as in time of stress have taken they huddle round a forceful leader. even when they declare that they are not able to understand it. Thus. which is more this point than article 64 of ours.^ Thus each of them alike is imbued with the same prejudice which it. with the energy of despair. and less reasonable demands. for it is in God that we have our life." to use the words of the eminent philosopher." During the same period Roger Bacon. exists and that thereall follows that liberty should exist in the face of the argu- ments from the existence close On all sides people to this doctrine. "The idea of paradise and of hell. advanced the utilitarian idea of morality as set forth by Franck. Paradise is knowledge. because they deny the existence of liberty. 15 The indeterminateness to us.§3] definite FREE WILL AND SCIENCE conditions. just as Fouillee founds it upon imaginary liberty.^ Others." moment of the act the perpetrator must have been in possession of his "liberty of This requirement has as its inevitable result the acquittal As another example. in the schools. neither last judgment nor resurrection. As early as the twelfth century the example of Amaury of Rennes should have shown Christians the danger which lies in founding responsibility upon liberty. but this belief is a mistake. Siciliani in his "Sociahsmo" (Bologna. who had so many premature intuitions. upon condition Never mind. 1879) founds upon relative liberty. our actions. which this have come to besiege stronghold. the thinkers whom we have just been discussing believe themselves obliged to affirm the existence of Liberty. it seems of the infinity of causes. yet in spite of everything. . hell is ignorance. may be opposed to the principles of his thought. the pretended ambiguity even in its final human brain. can be indeterminable? of effect cannot be conceived of. Unfortunately the legislators share in Article 51 of the German on Penal Code. with a redoubled despotism of authority which is in proportion to the disturbance of consciences and can serve as a standard by which to measure it. except which alone exist. that at the very will. think themselves obliged to deny the existence of Duty and moral responsibility. 2 This conclusion was drawn long since. because they affirm the existence of Duty. the head of neo-criticism lays fore down it this dogma: he teaches that Duty of facts." says this author (who is cited by Franck in his "Essais de critique philosophique") "rests upon the belief that we are the authors of our actions. although "the true ambiguity of '^^•ertain future events. For man * responsibility there is neither right nor wrong. and our being. in order that there explicit be the commission of a crime. neither worthiness nor unworthiness. the most advanced positivists. although it must especially and in vain resist the current of sciences daily becoming more torrential. indissolubly binds these ideas together.

his education. . his shameful loves. called in an ever increasing he did. society feels less secure because it feels itself the more threatened. "as "As it to theft." says he in his interesting essay on Free Will. the irresponsibility of the accused follows as a matter of course." so aptly says Carnevale in his "Critica was considered to have been due simply to immorahty. accumulated and isolated in an individual. or contempt for the law. to demonstrate the irresistible nature of the criminal impulse which carried his client off his feet. but that it stands face to face with a complexity of forces converging in an individual. greed. the determinist legislator do exactly the opposite. during a criminal trial it is becoming more and more easy for a lawyer." . but its peril is thereby increased. with the writings of alienists at his disposal. to sacrifice logic to utilitarianism. still deeper ones. the death penalty above all others. Fonsegrive is perfectly right in saying elsewhere that the legislator who is a partisan of free will would be more inclined always to hope for the possibility of an improvement in the most perverse.^ has pub- lished a work intended to prove that his colleagues. concerned with the perversity of the thief's predecessors. whether we do or do not admit of free will. as this man shall have been driven by a 1 ^ violent inclination. doing violence to his Mendel.16 of GENERAL CONSIDERATIONS many dangerous malefactors. the other will call perversity of nature. "Like determinist legislation. the petty larcenies which were his apprenticethen ship during his childhood. A medico-legal expert." IV. Thus I cannot agree with Fonsegrive that the penal law must practically remain the same. 1889). one is . of which the former are only the result. by means of the condemnation of the guilty to several years imprisonment. over and above these well protected against him and those like him. . to vouchsafe the opinion that he was free to will otherwise than as difficult for the medical expert. Before everything it is important to notice that the substitution of the determinist faith for the dogma of free will should result in the lightening of penalties. it was natural to suppose that. and his sorry associates On the whole. to contend with. For example. It is [§ 3 becoming more and more of cases to pass number upon the mental condition of the accused. as for the legislator. sacrifice sincerity to routine. or by a more perverse nature. to medical celebrities adopt this same opinion. Both will be more severe in proportion to the perversity shown by actions: only what one will call perversity of will. causes. scientific If he expresses this opinion he is beliefs. and for the jury. and more will in changing them as well." But the legislator who is a partisan of free will ought the more readily to excuse. possibly to On the other hand. society was suflSciently But when. society understands that it has not a single force. his shameless mendicancy. one discovers for example. Virchow and other fectly right. penale" (Lipari. on the part of a determinist expert. in answer to the question "was the accused in the possession of his free will?" should refrain from giving any answer. free will being denied."Archives de I'Anthropologie criminelle. its anger against him becomes less. and to punish and blame the guilty man the less. "the legislator who is a partisan of free will will take measures of precaution against the violent madman. 368. And they are perbe of any other opinion is. and as a consequence to prohibit irrevocable penalties. when.

of family. Christianity has made the salvation known ' as and not the preservation of that collectivity the town or family. one those great storms of imitative impulse which upset distinctions caste. politically and socially of reconciling the that liberty it human prescience. Can God create a free being. Augustine is a supporter of free will "in spite he makes for it. of the cult of Voltaire in the eighteenth. — was irreconcilable with the dogma of a divine was no less so with that of the creation. However. Pelagius then put forth the and brought about the determinist reaction due to St. little by little. had for a common characteristic a new conception of free \\dll pointing out of that essentially Christian principle." as Franck well first the fifth century. but — irreconcilable. and of State. is to be recognized by the individualistic (I will not say always liberal) character tion of the — — of the prevalent morality. the idea of founding responsibility and Duty upon free will is not such a very ancient conception. of of Every century during which is unloosed. like the propagation of Christianity in the third and fourth centuries. of Protestantism in the sixteenth. and of Darwinism in the latter half of the nineteenth. . however firmly rooted it may be. wherein lies the strength of the theological as well as the feminine mind. In fact. the personal quality of faults. to be an absolute and first cause of one's acts one must be eternal from at least one aspect.§3] FREE WILL AND SCIENCE 17 At the same time. in default of this happy gift happy. politics at first. "grace and liberty. Prot- of all the excuses According to Fonsegrive. St. and later of the philosophers. came. dwelt in peace side says. and which cause the example set taste for strange ideas to succeed for the time being to the cultiva- by our forefathers. the main object of existence." for He would not know how to create an uncreated being. to tell the truth. of province. Augustine. "No. it is very far from dating back to the time of It is during the long-drawn-out disputes concerning Grace that the precise opinion of the theologians. to be formed and formulated on this subject. of the individual soul. And they should have replied. I mean. in religion or in and later in every kind of social circumstance." But these very "excuses" are of such a nature that Bersot has been able to place this father of the church among the determinists.'' was the question the doctors should have asked themselves. while doing their best to defend themselves. It was said the origin of Christianity and of spiritualism. bility as and a sharpening of the idea of personal responsi- a substitute for the idea of family or genetic responsibility.^ But Pelagianism. until by side. and Augustinianism as well.

and the belief in scientific determinism. — crossed by a great stream of innovation. in the heredity of the good or bad disposition of the soul. — was still another century at bottom a nominahst. which is traditional (and. consists in his absorpis tion into the family. it justifies individual divergencies and similarities. for example in the time of the priest- hood Ephraim. of . which natural and scientific. The great question. at once theoretical and practical. with past generations. to the Evolutionism is founded upon the variathe individual in order to overcome the idea of species." would not have failed to have said in the old days." It should be observed that the Puritans and the Jansenists. in theological determinism. There are several ways in which to exterminate the individual. aristocratic). humanity. The school of Voltaire appealed to the reasoning stress power of the individual. is firmly anchored in Luther. simply a transition between his former and future anniliilation. Besides if belief in free will belongs to Pelagius.18 GENERAL CONSIDERATIONS by the individual for its [§ 3 estantism has individualized the priestly functions and substituted the examination of the Bible interpretation by conclaves. Abelard in the twelfth century. Let us hasten to add that it is true that all individualism for the individual set free by its means. "It is society that is guilty. conceptionalism being only (as has been said) "a reasonable nominalism. if you will. is. One way. The problem was kept stirred up during the entire period of the Middle Ages between the nominalists and realists. and in its application to societies. and laid on the feeling of the individual as on the right and interest opposed to traditional beliefs of tions of and general reason." or "It is heredity that caused the wrong. and burst the bonds of the solidarity which tended more to annihilate than to enslave. is consists in his identification with the race." As such it especially gave rise to reality in the individual. the and hereditary sin. which in the eyes of its opponents united the individual being and the surrounding universe. is not belief in original whether the individual is is free or not. to Collectivist solidarity in these days has a tendency solidarity was' in the past. that to say. "It is the tribe that is guilty. and the independence of the will in the very face of duty. become what domestic He who today says in regard to a crime. Another way. of the individual. to the right of the State. characterizes Darwin and Spencer. in its attempts at sociology which it multiplies on every side. but whether the individual a reality or not.

it is more than likely that this means of defense would not have proved of the least avail. denied freedom of the will. Thus the proposition that freedom of the will is the cornerstone of morality cannot be sustained. if Anaxagoras or Galileo could have proved that they had perpetrated the writings with which they were reproached during the course of a dream. To repeat.§3] FREE WILL AND SCIENCE 19 that is to say the souls who were most under the subjugation of the sentiment of duty. that in it there is not the slightest vestige of badly expressed truth. human consciousness has always refused to accept in practice the effects deducible from current opinion. penalties." says he. "It is well established. if John Huss and Wycliffe and every heretic both great and small of the Middle Ages and of modern times had thought to escape the stake by proving that they were unable not to deny the dogmas they were striving to overcome. he would none the less have been condemned to exile and to a heavy fine for having written that this luminary was an incandescent stone. in conclusion. refused absolutely to conceive of the sun as an animated and divine being. Has anyone ever thought that he owed no recognition to a benefactor so obliging that it was impossible for him not to have done one a favor? However. "that laws. in would surely have been imprisoned. and Galileo. For example. spite of similar protestations. not because they would not have been free to dream otherwise. Theodore and Protagoras. but that they were not free to have any such belief. One might think from what I have said above. enlightened by if astronomical observation. I must give warning of an ambiguity. which alone was responsible to society. Although Anaxagoras might have vowed that his mind. promises. counsels. had sought to defend themselves by showing that in very truth they did not believe in Minerva and in the eponym heroes. this fact after With a rare good faith Fonsegrive recognizes a long and conscientious discussion. they would certainly have been acquitted. prayers. incriminated in the same way. but because their minds asleep and dreaming would have been deemed not to have been identical with their normal and social personality. and that this is the only or princi- . that free will is in my opinion the most radical of errors. it is identity and not liberty with which we are here concerned. If Socrates. accused of not believing in the gods of Attica. of and contracts are as easily explained by means the hypothesis of determinism as by means of that of freedom of the will." And as a matter of fact.

and in the last analysis is but the preceding one expressed in terms of geometry. arbitrary. for every elementary movement to proceed in a straight every phenomenon theoretically at least is a necessity condition and a certainty beforehand. for let us suppose that it existence of elementary forces conceivable and what was new. In affirming that everything in this world is predetermined you One obtains the same result affirm that everything repeats itself. which belief in determinism implies. in fact. if every evolution consists in a meeting of elementary forces which have each their own effect separately. if left to itself. a vague term. and concerning this subject we have some explanation to of liberty offer. and if it is an essential part of each of these elementary forces never to produce any but the same effect. scientific determinism is as far from enlightening us as the dogma of an absolute truth. or to motion.20 GENERAL CONSIDERATIONS But this is [§ 3 pal reason for which I have felt myself compelled to seek another foundation for morality. non is the deflection of movements which have met and united. not the case. we assume that elementary move- . varies we reduce beings to forces. a term which is relatively comprehensive. and in never repeating themselves. and the important thing is to illumine the unperceived or ill perceived If every phepostulate. but in the last analysis it amounts to the same thing. The idea of universal necessity. it would even have a far more obvious reason for existing at all. nomenal appearance is the effect of an evolution. whose essence — let it us admit the is perfectly is essential line. Thus predetermination in the last analysis means the same thing as repetition. one is perfectly right in affirming the existence of a universal prede- termination and in denying the actual ambiguity of a certain The condition which is here italicized is above all imfuture. "a priori" justifiable character of the deter- minist Universe. and free will is may be that understood in this acceptation inherent in the hidden source of personal identity. If every phenomein explaining phenomena by means of motion. but it would not be under submission to the law of predetermination. is We it believe that there is a sense of the notion which in no wise contradicted by the general spirit of the sciences. and not in the least If. Here again the italicized is of the utmost importance. assuredly the world would be no less admirable under such a hypothesis. in constantly emitting if it — should consist were otherwise. with the correct precision clearly to demonstrate the singular. which to a certain extent as we should try to conceive of. portant.

ever the same. but am of the opinion that our predecessors were not mistaken in believing that the curved line movement instance. countless lines other than the straight as though the straight line. saw concisely that everything could marvelously well be explained by means of laws. most determinist of logicians and most logical of determinists. Stuart Mill. consider as insufficient. which ourselves is a particular kind of repetition). as into movements. but that in every case the element of variation Consequently we should is inherent in the very heart of things. there is in the origin of all this. which as the straight line. we can see clearly that. should it not be the cause of of primordial itself. as effort becomes habit. and which is known but also of following a variable line which is deflected at every moment. It let if it is permissible to take for granted that universal is consists in repetitions? impossible not to be aware that can be defined either as a varied repetition. excepting the material . under the head of necessity. until its meeting with another movement. were alone capable of realization in invisible and active nature? I realize I that habit has made us familiar with this peculiarity. as it is established that universal predetermination us finally ask life it indicates an elementary repetition (or an elementary rectilinear form. the resolution of the world into forces and There is something else at the foundation. as inventiveness is to be implied from It comes imitation. deflects them both and compels each to carry on an indefinite repetition of another character? this exclusion of the Why this peculiarity? Why line. free? Liberty is the faculty It is initiative or of fundamental initiative. and is never the same. Now why does every simple and elementary movement proceed incessantly repeating its same direction.§3] FREE WILL AND SCIENCE 21 ments have as the repeats essential characteristic of their fulfilment not is only the following? of that direction which itself indefinitely. to be implied from necessity. or as a variation which is repeated. and this something. that is to say. which as incessantly repeating its direction. as variation in general is from repetition. inspiration precedent. and as only good for the purpose of a scientific scaffolding. according to this hypothesis. innovation routine. of the elements was apparently a reality in the first Well. no phenomenon could be foreseen before its fulfilment. which in reality plays so obscure a part in visible and passive nature. and by an inevitable downward process.

or that a which disseminated among the countless substantial and active elements of the Universe. but suggested by the observance of the wonders of phenomena. who is Himself alone the creative of side of things. or even better. for they all give as the foundation of their systems the conservation of force and of matter. On the hypothesis with which these thinkers start. and which are all original. is There nothing to us except to choose between these two conceptions: that of a liberty concentrated into a single being shall personify in known liberty as God. it seems impossible to me to conceive of even the possibility of a new embroidery on the One can. a truth not limited to man. otherwise called their liberty. at the by means of same it is rendered necessary and universal. It is nevertheless true that it is important to give is its place to that sub-phenomenal autonomy or anarchy which tion of every constraining law the founda- and of every despotic regularity of phenomena.22 the laws were that is GENERAL CONSIDERATIONS [§ 3 made of and the point at which their operation began. ^ It cannot but recall from afar the noumenal liberty This assumes that we do not deem the perpetual changes in this world suflBby Spencer's so-called law of the "instability of the homogeneous" or by the considerations by means of which Darwin is compelled mechanically to explain the appearance of those countless variations in the individual which are the postulate of his system. left to say an assemblage of data of facts essentially irrational. universally and continually a creator.'' Stability. But why should these two quantities be the only things whose immutaWhy should not these attributes bility and everlastingness can be conceived of? belong just as well. but extending to every being. but which is not the one the moralists say they have need of. it is true. . seems to me to be ciently well explained far more necessary. as consisting in new combinations of former repetitions. but we will be unable to explain to ourselves the change in these combinations without admitting the natural and essential heterogeneousness of the elements of repetition and their eternal Universal evolution assumes the eternal originality. look upon variation eternal canvas. and perhaps one should. knowledge of this truth thrusts itself upon the evolutionists in a confused manner. of that which is perpetually new and unexpected in the most regular evolutions is of this world. Universal necessity thus pre- supposes divine or elementary spontaneity. a truth not demonstrated by the illusory testimony of consciousness. the everlastingness of distinctive characteristics belonging to the final elements of the Universe.^ If pantheistic atheism liberty made a possibility. It seems as though the fixity of an invisible something which does not evolve. that of an absolutely homogeneous substance governed by absolutely inviolable laws and which all consist in the reproduction of counterparts. which to all intents and purposes brings us back to a denial of free will such as it is time understood. Let us accept this last hypothesis and we must recognize in the freedom of the will a certain truth perhaps. to the elementary qualities of which they are the grand total.

as Fouillee has so well shown. set Right. should have a similar result from the point of view of punishment or reward. its logical and chronological and we what reasons. that a similar injury should be repaired by a similar indemnification. Duty derived from finality simply. and it cannot be . Justice. In other words. This much having been premised. whereas they remain strangers to the freedom of God. belongs by right to the field of metaphysics. responsibility shall see for Duty and and justice. while God was external to them. but alike inasmuch as they are agents. that force is inherent in inIndividual dividual beings. enter into any discussion of the Right and forth the general ideas concerning we must now. We shall give to the idea of duty. according to existing that underlying all morality there are hidden metaphysics. A is once more to be found in our conception of equity. It is but just that a similar service should have a similar price. § 4. if it should be retained. and not to that of morality. over that of right. According to Littre. says Spencer in support of his view. To sum up. But there is this very great difference. at the same time we must recognize the fact beings. Consequences of this derivation. before we Duty to punish. each soul existence rest upon liberty. it is equally just that a similar need should meet with a similar satisfaction. Thus he made even identity and the realization of one's own thinker. and it is regrettable that he shrouded artificial ex- the depth of this thought under the fictitious and pressions by which he characterized it. the primitive conception of equality. Thus understood. of responsibility and of justice. the great objection to free will was formerly based upon the divine prescience. expecting afterwards to be irrevocably bound by its own decree. is equality of treatment. priority. according to this great on being born chooses freely its characteristics. and is today based on the conservation of force.§4] of ANALYSIS OF DUTY AND RIGHT 23 Kant. of penalty or of price. . an action carried out by men who are different. that liberty by virtue of which. But we have sufficiently delayed with these considerations. the net result being that the question of free will. In another sense and one conflicting with the former. equals A. monism. can thus participate to a certain extent in the liberty of the Whole. Analysis of the conceptions of duty and of right.

In fact. a hero or a priest. the actions of humanity to their price or to their penalty. and whose minor premise is the perception of a proper means of attaining this end. judgment. that it little by little acquires among the latter the authority of the categorical imperative. each one the wish of them by the surrounding reflection of the wishes of to accomplish the general object arises with a greater intensity. justice presents a striking analogy with the determinist postulate. the final result of all this obedience to duty would be to place society in a state of perfect But. whose major premise is a wish. and that the best means of finding out whether a proposed duty is a real duty is to inquire whether. there is no truth in this. it has been communicated to inferior brains. "I want to kill my enemy. Reflex action The purely teleological suggested by a need of the individual's organism. And now let us go back to Duty is only a sort. by means of a contagion of imitation. therefore I ought to shoot at him with a poisoned arrow. now I know that a poisoned arrow will kill a man. reinforced in all. the conclusion of what I shall term the practical syllogism. instead of being an object to these. human needs to their gratifica- reckoned in terms of the relation of cause to effect as presented by the external world. as a matter of fact. supposing everybody practised it. the first place we have just seen that the idea of duty is already example. into a duty properly so called. which under similar circumstances a similar Justice is phenomenon is sure to follow. but a very curious sort. duty which we have been discussing is transformed into a moral duty." Thus reasons the savage There is not a living creature who at every moment in the forest. Justice is so far from denying the universal determinism that she assumes its its existence and follows might be inclined to think that duty is but the working tool of justice. when the major premise of the syllogism. or "the greater glory of God. of a king-god." This object began by being the individual wish of a powerful man.24 GENERAL CONSIDERATIONS and the axiom the relation of of causation according to [§ 4 otherwise. the avenging or deliverance of the French fatherland. is a social suggestion. of final of its life does not unconsciously draw conclusions in reality similar is the most elementary expression of this. an object not merely an opinion. a collective object. a work in common such as the greatness of Rome or of Athens. the origin of duty. because the latter of as is conceived a relation which ought to exist. At first sight one implied in the definition of justice. or the relation of tion. But it is when. In justice. .

however. and which are such because they are strange wishes communicated to one another. If ever there was a heteronomous morality. Thus under the uncomplimentary name of " heteronomous " morality. and by the very becomes unconscious. by the contact with the water. or scientific formulae expressing not exist at fell general utility as we may conceive of it. that by reason of a bad harvest over the whole of the terrestrial globe. into whilst fighting fiercely at the edge of the sea. affects the tone of a and internally pronouncement for which no reason is given. whether we replace the commandments of ^ God by ity will utilitarian. There are cases where justice cannot be realized without its being to the prejudice of Let us suppose for. so that being presented it apart from its premises. . the watchdog would have perished had not his opponent. the conclusion seents as though were hovering in the air without earthly connection. without by civilization. example. and that same great work more often than not demands the establishment of a military or civil hierarchy of privileges. the quantity of rice or of wheat available was not enough to prevent everybody from everybody. always be heteronomous. and Those "noiseless ideas which conduct life" are the final ends pursued for themselves alone. justice the only and greatest object which society thus every right-doing soul. moralall. to renew with him the sanguinary struggle. is more than an echo within us of social morality. evolutionist. social Whatever we may do.§4] ANALYSIS OF DUTY AND RIGHT 25 practically infinite as fact of its repetition a geometrician would say. it is morality which certain philosophers seek to depreciate. it does not matter. which certainly nothing being fostered makes us reaUze duties towards ourselves. rescued and brought him to land. from which there is no appeal. The pole. or tells else it will Franklin us of a Newfoundland dog and a watchdog who. immediately brought back to a realization of his professional duty (so to speak). sublime. is is But it is its heteronomy precisely which makes it Now offers to some great work to be realized by means of their collaboration. it was indeed that which prompted the animal to his sublime devotion. only. * Individual morality. could the refinement of feeling which it assumes have been brought forth. of an order absolute and divine. Never. together the water. or the only one which can finally triumph? Not at all. towards which converge all the wishes of a nation and which is responsible for their accord. and not the juxtaposition of equal rights.

all would die of hunger. of finality upon which duty is founded. As natural causality . of the things we most cherish is it opposed ! What can be more unjust than progress. like the castaways on the Medusa raft. work of the fathers There is something fanciful about the quest for a proportionateness between an action and its reward or its punishment. and which may thus be expressed. and which are reproduced on every hand in the history of humanity in a thousand different forms. the same effect will follow [the object]. duty. are just so many examples of injustice. if not between a need and its satisfaction." is nothing more than the axiom of causality turned round the other way. the expression of social finality. follows. which owes its very existence to the genius. And under these circumstances would it be necessary to draw lots in order to ascertain those who should be given the privilege Yes. Even although there should exist in a society no notion of equity or right whatsoever. duty Granted the will of is its employment by the logic of the will. but to Beauty.26 GENERAL CONSIDERATIONS If all [§ 4 this amount were equally distributed amounts. the will of society would be to have recourse to violence. Justice fail is to influence less all when a common none the the intense dream of how many our reasoning faculty which loves equality and symmetry. or in amounts proportionate to appetites or even to services rendered. if the same act takes place [the means]. society. But why It should they submit to this rather than to resort to violence? thus follows that in all more or less analogous to the one I have just imagined. and this is what modern criminologists are doing in asking for a penalty adapted to its object and not exactly proportioned to the offense. "Granted the same object under the same circumstances. the same means will bring it about." But justice is simply the artificial copy of natural causality. and the dictates of duty would be to kill one another. that superiority of the idle sons over their laboring fathers. Here we have the point it is necessary to set out from. and natural causality being known to science. if all agreed to accept this way of having something to eat? perishing of hunger. but there is nothing irrational The axiom in the pursuit of an adaptation of means to ends. glory. It is as though one said: "Under the same circumstances. which furnishes the minor premises of the syllogism of morality. the cases sentiment of duty could not object was in view. Thus it would be better to resort to an unequal distribution. among men in equal of proceeding.

that he was not free to succeed. genealogy to the sentiment of the duty of radically different. is the major premise of will. in truth. vaster planes. Duty springs from will just as necessarily as will from desire.^ his regret would ever remain as keen. is the major premise of duty. will follow the regret felt by him who shall have failed to carry out that which he judged to be for the advancement of his own particular project. But it has the advantage of making us understand why fatalism has from all time been reconcilable with the verj' deepest morality. just as will. when a moral duty has not been carried out by one who feels it. which causes moral duty to be is derived from teleological duty. in the finality. and more rapidly dissipates duties which are instinctive and irrational. while at the same time it loses its character of mystery. duty becomes better defined and is strengthened. although it is same way. should he fail in piercing the Isthmus of Panama. in spite of its distinct origin. it makes us feel certain that the sentiment of duty can never and enumerates for us its variations of direction and intensity. in fact. it becomes capable of more accurate self-analysis. Just as the sentiment of moral duty is related by its also perish. dififers at once and by itself. than the continued transition from the ellipse to the circle has the effect of taking away the truth of the geometrical formulae based on the sharp distinction of these two curves.§4] ANALYSIS OF DUTY AND RIGHT 27 becomes better known and the will of society becomes more aware of its own existence. and almost always unexpressed end. 1 Will. And in the same way we must not be astonished that one who is a simple quietist should repent with a sincere impossibility for his from desire in that the act which one wills is not desired but is only judged proper for the attainment of that which one desires. . As the mind becomes more cultivated. more comprehensive benefits and it suggests to the will objects better calculated to force it to appreciate the insignificance of the individual as compared with the achievements of the individual himself. that to say from the will. ^ Remember the date at which these lines were written. and almost in the same manner. although one might conclusively demonstrate to de Lesseps.^ has no more eflPect in taking away its essential characteristics so magisterially outlined by the spiritualist philosophers. the remorse which he will then feel. from the former. The foregoing explanation. his prospects and his hopes. and to compensate for all this it gets a better grasp on things. Now. Instinctive and immediate desire. rooted. that it was an him to have overcome the obstacles placed in way. it can take in higher things. which is often unconscious. the fixed.

generally speaking. this behef tion of the activity of the social of influences. for lack of grace at the desired time. the military conviction that obedience sary condition of victory. more or affirmative less weak or strong. either conscious or unconscious. It would amount to the same thing if you strengthened this conviction while weakening the wish. Every Frenchman enlisted under the flag would feel in himself the call of duty. one of which infers an and the other a negative. this wish. therefore I must remain at my post. and the degree of belief involved in the minor premise.28 grief of the sin GENERAL CONSIDERATIONS he [§ 4 committed. the blessings between which one must choose are heterogeneous safety and honor. therefore I must not desert." same moment another and a stronger internal sense of logic would cry out to him. he will say to himself. which will carry him away? It seems as though there were no solution to the problem. and on is the other hand. from which it flows. and the intensity of duty is the working of those two sorts of combined quantities. now the means by which But at the to attain this end is to desert. pointed out in the major premise.^ The soldier of France feels his duty of discipline the more keenly as he the national wish to see more deeply shares on the one hand the France triumph over her enemies. because." but at the same time he would feel the resistance." Or again. so I ought to desert. Let us suppose that Germany should declare war upon us. "I want France to triumph. disregarded more often than not. logical The importance of these waverings is disclosed at the psychomoment of the decision. or of pleasure. "I want to live. "I want to live and to have a good time. of study. he was fated to commit may have Remorse is the more painful in proportion as the sense of duty is more intense. of his love of ease. "Go and fight." In this internal struggle of conclusions. now by my desertion she will be deprived of just one chance of success. even though convinced that. So always within us there is a battle taking place between two syllogisms. the necesof Now increase in him the strength you will not have accomplished very much if at the same time you diminish the strength of this conviction. if he happens to be a coward. the degree of longing it. I do not know what false voice would whisper to him from the very depths of his egoism this advice. of the and of this desire more or less deep and is itself a func- swift contagion . now if I desert I shall expose myself to the risk of being shot. money and : ' Let us add that the intensity of life.

one of the great snares for the thought which dwells on these very questions. and their independence of each other. § 5. 29 esteem. of minorities by is majorities. and not any political fiction such as the pretended separation of powers. Criticism of the ideas of Fouillee this subject. there are many qualities which to a certain extent have some standard of measurement. even in the case oppressors where the power of the unlimited and where their desire. these conflicts by which alone self-sacrifice and devotion are made possible.§5] THE DUTY OF PUNISHING woman and is. and Guyau on it is time to take up the problem of the body of the penal law. The same internal division. The result of what has been said is that in our eyes the duty of 'punishing must have been felt by society or by the person injured long before the right to punish. conforming to to exercise it their interest. the love of a the joys of the family. death suddenly revealed. the means are to desert. have themselves as their essential condition the dual nature of the belief and the desire within us. For were we free to believe everything it was to our interest to believe. has no other cause than this. Wholesale desertion. or the so-called constitutional guarantys." was vaguely and unconsciously brought to the mind of the conscript. consider what would happen if. when this line of reasoning. is to the limit. the conclusion which will win is always the one which bears the most heavily on the desires and beliefs which are the most pronounced. And this heterogene^ousness as a matter of fact. of the people by the government. obviously the protestations of the conscience could never prevail in us over the criminal impulses of our passions. For example. To sum it all up. and that the purpose of our subject is concentrated around the question of knowing to what extent and under what After these general considerations special . "I want to live. he were absolutely convinced that the only means of preserving his life was desertion. which is not an unknown thing in the bravest of armies. Let us notice in passing that these cases of single combat of which we are at the same time the battlefield and often the victims. underlying standard by which to be measured. The duty of punishing. everything which we wished to is But everything simplified if these qualities lacking in a common — believe. explain slaves why there are limits to the oppression of by their masters. etc. therefore let me desert. one but observes that.

and their relation to penalties. or in the chapter dealing with their degree. and where we are engaged with offenses. ^ moment doubt the possibility of this equality. the spiritualist school has contributed so powerfully to the perfectioning of the Penal Law). we must oppose to the inclination towards crime a counterinfluence equal and similar to it. of observations made on the inmates of prisons and on the efficacious- ness of the various courses pursued in the various penitentiary little. the importance of finality and of social utility. there. seems too often to have forgotten. that is to say of the last illustrious disciple of Beccaria. of pseudo. no mention. ^ According to Romagnosi. Its of the startling increase of recidivism attested by statistics. in order to Law at Perugia. or whether the sentence of acquittal or of conviction should be placed among the natural or 'political methods But of recidivists and of bringing the criminal action to an end. Here a regard for the interest of the general public intervenes. 1887). or very 1 See on this subject the curious and interesting pamphlet by Innamorati. . and never with the Here we have neither offenders and their relation to good people. eminent minds allow themselves to be carried Even the most away by the taste for superficial order. with the manner of being of offenses. Unfortunately. whom contemporary innovators reckon among their forerunners. professor of Criminal et I'ancienne ecole the school of Carrara. and their pupils avail themselves of it.rational symmetry. One would one be surprised. who belongs to bring within this fold the strayed sheep of the new doctrines.30 GENERAL CONSIDERATIONS is [§ 5 conditions this duty should be exercised. nothing but ontology. seeks to open up the limits of the traditional ideas.^ will go into a long dissertation on the question as to whether they recidivism should be treated of in the chapter on the quantity of the offense and of the punishment. most respected French representatives have. the word exists psychology For example. But these latter have given way to it to such an extent that penal law in their hands was degenerating into a sort of fictitious casuistry. But what his efforts serve best to prove is the urgency of ventilating and animating this old locality. and not around the question of knowing what ideal justice in the meting out of (though it punishment. nor sociology. "Sur les Nuovi Orizzonti italienne" (Perugia. The author. but a seeking after symmetry is still perceptible. avoided this forgetfulness more than the Italian masters. According to Rossi the offense and the penalty which overtakes He does not for it should form the two terms of an equation. is made. in its preoccupation over abstract equity. of the "national school" says he with patriotic pride. if one were not aware of it from "The Metaphysical systems. to tell the truth. where the classifying of entities makes us lose sight of realities.

through the medium of the wrongful them. Dante's inferno is act. this philosophy of retaliation is of a surprising weakness. and especially in those which have life. ." by Kant. from crystals and worlds to the lower or higher forms of animal life. this impulse being a perpetual danger of the commission of new faults. not the Buddhistic conception if one is to form any liars opinion as regards this conception of hell from the subject of their bronzes. and its analogy to the offense. that the damned are more often punished for their vices than for any specific crime. It is of hell alone which rests on this principle. the violent and bloodthirsty are immersed in a river of blood. but should also be similar to the offense. and if one recognizes its author in it. Let us. it not for the fact that nature. Kant requires that the penalty should not only be equal. it is to When be attributed solely to that passion for symmetry which reveals itself in every part of the architecture and in the smallest part One might call it artificial were of the structures of his system. There gluttons are being gluttonously devoured by Cerebus. all is said and done. and sensualists climbing a thorny tree which lacerates and nude woman seated exactly similar. astrologers and sorcerers walk backwards. and the obvious impossibility of obtaining this similarity together with this equality in a great deter number of cases does not this principle he pronounces himself in favor of the death penalty.^ And as we are on the subject of Dante's conception of penalties. in their efforts to reach a beautiful among its branches. not be astonished to see the greatest men adopting the childish conception of the symbolism of the penalty. where we see depicted having their tongues torn out. all stamped with the impress of a radiating or bilateral symmetry. in all her physical manifestations. On the strength of ment. will given as the 1 but a point of view which is irreconcilable with free very foundation of culpability. In our old statutes incendiaries were burned alive. let us incidentally remark with Ortolan. therefore. with their heads thrown back as far as they will go. for having professed to look ahead into the future. is dominated by the same necessity. a very rational point of view. According to his view every homicide should be followed by capital punish- him in the least. excepting infanticide and murder committed in a duel.§5] Principles of the THE DUTY OF PUNISHING 31 order can carry Law. to what excesses the rage for away a great genius. as justice ought to tend to strike at the impulse to do wrong.

and his disciple Guyau. on this consolidation of Dutch dikes. It is not that in our estimation the — — ability more or less usefully expended on this task of strengthening. which the older morality offers in opposition to the flood of modern desires. it is advantageous. associates together anything more than a manifestation of organic solidarity? or is it an agreement either implied or expressed. however. whose common characteristic and chief merit is to istic perpetuate a tradition. But we are not engaged in a comparison of authors and of writings. and by this means he hopes to reconcile naturalistic positivism with spiritualistic idealism and to have the right to perfect the utilitarian reason of the material trouble which it introduces into organized society.32 GENERAL CONSIDERATIONS [§ 5 We are not concerned in this book. theories. we are engaged in the study of ideas which are now making their way into the world for the first time with a certain lasting publicity. Fouillee fully appreciated the fact that the question of penal law comes down to asking oneself what the nature of human association really is. He does not tell us what he understands by the organic relations of the members of society. before doing so. is it which allows us to attribute to the social body a and not alone a metaphorical similarity with the body of an animal if it is not the unanimity of disposition? And what is What real . He asked the solution of this problem with Is the tie which binds all the fulness of which it admitted. who are sometimes nothing more than destroyers. At the same time. prematurely been mentioned. of the motives underlying by means of the ethical reason an act which is offensive. cannot equal that of the modern engineers. we think. An illusion. So we should bring all our energies to bear upon the positivist innovations. and not to sow a new seed. to cause a secular tree to blossom again. nor with spirituallaw. so to speak. to put in their right place the eclectic ideas of the two very distinguished thinkers whose names have Fouillee. an accord of their wiUs which is not forced? He attempts to lay the foundation of his two conceptions of the social organism and the social contract. taken from us in the full bloom of a train of thought so poetic in — its very severity. so religious in its irreligion. which is devoted to an examination of the very latest ideas on the subject of the penal with criticist or neo-criticist theories. as distinguished from their contractual relations. which will be laid bare in the next chapter and whose value will be estimated in all the remainder of this work.

as it would be by reason of the supposed harmony of his will with the general will? If the social contract has seemed to be wholly imaginary. of intellectual agreement. in other words of that internal work of social logic. Though ordinarily he does will is concerned. for example one of the most learned of its promoters. even though consented to by him. A contract is only a reciprocal subjection of wills . that the penalty imposed upon to "the duty of being punished. he stays a conformist as to feelings and to action. but it is true that. which. from society first contractual relations are concerned. and that consequently according to the way in which this philosopher looks upon justice. which is called religion or science. more often than not. legislation? of voluntary agreement. and if this "contractual penalty" is necessarily After reasonable. impressed unconsciously and in spite of himself by the convictions of his environment. which is called morals or Now what are contracts except one Therefore society is of the principal means in of social teleology? not so much The to be distinguished in so far as its so far as its organism is concerned. does not come wdthin at least one of these unions. unless he be a monster or a fool. is enough to serve as a motive for the objections which the partisans of the first conception. he remains orthodox in his all. moreover. a heretic as far as feel be far from willing not go so far as to hare it him is just. point of view takes in the second just as the genus embraces species. It is seldom that a man. the condemned has consented result of the social con- to submit to his punish- ment beforehand. it is because it has not been completed by means of the social union of minds. is not his punishment as much justified by reason of this unison of the WTongdoer's thought with that of all. which is the case of the ordinary malefactor. Now. the convicted believes man who has been sentenced. should be allowed by his judges. regarded as a credulous or submissive passivity.§5] this THE DUTY OF PUNISHING 33 unanimity except the slow and toilsome result of imitation. Espinas. though he may imposed. sometimes. and of that internal work of social teleology. according to Fouillee. if it beliefs. Is this strictly true? No. tract is that the Now. sometimes a dissenter intellectually." to use the happy expression of Beaussire. he recognizes the duty of society to punish. the question would always be whether this punishment. were true that the convicted man consented to his own punishment. his punishment is just. have directed against the second. which is far more manifest and no less important from a legal point of view than the union of feehngs.

as their main object of attainment. like the free will of the spiritualists. according to us. that for example. humility. by pointing out unperceived contradictions and inconsistencies. the identity of the indi\ndual which is at the same time real and ideal? WTien I feel myself bound to keep my appointments.* Is it not. Only the surest means of hastening the achievement of this harmony is to suggest more and more to the association of wills. In our eyes this liberty is an end. Philosophical criticism strives to attain this agreement.) Why The idea of right which Fouillec imposes of liberties upon upon as marking the Hmits and their has not Fouillee given as the underlying principle of right. because the most contradictory tendencies of mankind are ingeniously reconciled from the moment when they is contract the habit of taking on the aspect of rights.34 in GENERAL CONSIDERATIONS [§ 5 place of their unilateral subjection. In a word. but in carrying out the irregular task of this double co-ordination. nor does it prove the agreement of wills united with uniform beliefs. the rival interests himself. or rather the shadow of this phantom. and the despising of riches. the ideal of this illusion. I feel myself to be the same An identity person. and not in that of an already existing Uberty. not in making them conform to an ideal justice which should exist outside of our social logic and teleology. It thus teaches us to reform our ideas of morality. is it necessarily because I feel that I was free not to make them. the moral justi6cation for punishment is deduced from ideal liberty conceived of as the underlying principle of right. that as their objective point their very limit." will. . and with so much eloquence and profundity too. our ideas as regards chastity. 282. a "force-idea" if such exist. or very neariy the same person. instead of this ideal liberty whereby he leaves it up in the air. "this basis [that of the moral responsibility for punishment] in the category of a liberty which is entirely ideal. that is free "We place." ("Science sociale contemporaine. ^ to say. and not properly speaking a cause. because at the very time that their fulfilment is expected of me. are contradicted on many points by the main objects of our life wliich have reverted to paganism. as at the time I made them? which as a matter of fact is always imperfect. but which appreciates its own existence better and better in thinking itself to be itself. the worship of right. is imfortunately based on a postulate which he himself knows to be a delusion. it does not suflSce to prove the utility of that to which we may agree to consent. " p. as I have already pointed out. and its justification socially is deduced from the general acceptation of this ideal by means of the contract. says he. by taking seem no Thus expressed ^ as general views. and it shows. and which he looks mutual recognition. our Christian morality. or believes that it shows this conclusion to be a survival of vanished premises which have been replaced by new premises which contradict them. ever incomplete. before everything. syllogism which has as conclusion judgments This criticism goes back to the premises of the and moral senti- ments (consolidated judgments). and by the discoveries of our sciences.

becomes so much generalized as to be applied not only within the limit of two particular interests. one becomes litigious. can serve to prevent by ditch. Besides. should be carried out to the same extent as its carrying out would benefit this aggregation of common ends. will common respect for the same hedge have to or the same set a limit." says Garofalo. in the case of a particular criminal by the multitude. or disguise. or caprices which.§5] THE DUTY OF PUNISHING 35 longer to antagonize one another so keenly. and the logical solution of their teleological conflict becomes a more simple matter. but you must admit that general utility is susceptible of a broader interpretation. to dissimulate this opposition in oneself. whether called a thirst for vengeance. which cannot be destroyed and to change it into an apparent accord. or indignation. I mean repugnance towards (" Criminologie. hate. legislator." . recidivism. "are the object of universal hatred.^ is in offender. the absolute contradiction of our desires compensated for by our So the he should specify to what extent the social appetite for punishment shall be satisfied and do nothing beyond this. and pleadings in court supplant blows dealt upon the field. and the object becomes. designs. instead of being disputatious. taken together. For the conditions which explain the anomaly whence crime is derived cannot be known by the people. demanded with loud cries by an outraged mob. are called general utility? Indeed. or the imitating of someone else? I am perfectly willing to admit this. Why could you not just as well say that the desire for death and pain clamored for (or not). society wants him to die or to suffer. there as here. or repugnance. this spontaneous force.") beings who are so unlike us and so malevolent. another feeling which is almost equal to it cannot help but assert itself. Shall we say with the utilitarians that it is only to the same extent as death or suffering. Then. if the recognition of causes makes hatred disappear. just as when my neighbor covets my vine which I am is desirous of keeping. means of intimidation. if in order to realize some caprice of a political 1 "Malefactors. When the advantages of this legal guise. are well understood. the recurrence of wrongful acts attributable to that imitation of oneself which we call habit. but also to a particular interest it and a general interest at one and the same time. even among these latter. he and the personal interests of the anxious to live and to be happy. This need. One seeks to put in terms of law even the need of reaction which will be aroused among the entire mass of honest people by the criminal violation of some right. they are only made a study of by the learned and by specialists. from the legal standdirect opposition to the needs is point.

or to pass from one form of government to another.36 GENERAL CONSIDERATIONS [§ 5 nature which might occur to them. that there is the commission of a crime. or of those passions which are haphazardly understood by the If see collective name it of social interest? is no more reason to limit this need than ought to receive full gratification. who. one looks at it from this all too common point of view. with their habitual utilitarianism ordinary crimes. Thus I cannot see why the penal law of expiation should be so unanimously combated by the utilitarian philosophers. one can scarcely see what authority the utilitarian philosophers would have for admitting that there can be crimes committed by a nation against a man. is frequently found in history. In fact. independent of each other). of expiation or of infamy. exactly the reverse of This takes place an individual right which annoys it. The situation is the same whether the question be one of a primitive people in revolt against their king. whose divine right is not doubted for an instant by any of the rebels. to be sure. Possibly you may say These outraged feelings. and my principles uphold me. : . of those projects. and that the perpetrators of these outrages realize that they are criminals. Why should not the need of vengeance or of indignation. these " virtuous hatreds" which an offense gives rise to and which drive us to tor- It follows that there any other. the thing would soon be done. are more idealistic than they give themselves credit for being. or whether it be of a popular form of government incited against a small class of citizens whose essential liberties violated by it are a component part of the Rights of Man recognized and proclaimed by itself. but once again the historians. Here I maintain. I could more readily understand why it should be so combated by their opponents. even by a majority against a minority. every time that the mob violates (as inconsistent as it is profound). or his exile. and not in this alone. I fail to why one should be more greedy for the shedding of the blood of the criminal than for that of the innocent. one of the most enlightened of spiritualists). as we know. its decided champions (always excepting Franck. all that a people would need would be the head of some man. forgive all these transgressions. who is in this. be included among the number of those desires. although this occurrence. and there would not be lacking historians to prove that progress purchased at such a price was not too dearly paid for. but which it must recognize (belief and desire being. who are. in fact.

§5] THE DUTY OF PUNISHING 37 ment the offender for the very pleasure of tormenting him. one must judge the ardor of sympathy to which it is united. as a successor to the vanished dream the dream of a mis- of the terrestrial paradise. there are none who are capable of feeling hatred except the ambitious. Nevertheless. with the same severity. and it will take centuries to overcome it. even among the most educated people. and from which it is inseparable. then how many other inconsistencies does any society carry in its train. nor be outraged by that fatalism of which he was the instrumentality. hatred is one of the great and irresistible stumbling blocks of the heart. which the legislator upholds and which he should uphold. "in our time. being out of the way. I will add that outraged feelings can be carried to excess and that hatred is an evil to be contended with. share in the hopes of Guyau! "Already. Should this be demanded. or fools. However. This mistaken conception. and the logic this inconsistency should be dissipated." says he. evil and which cause us to dream of a terrestrial hell. and to be stemmed by means of the co-operation of every kind-hearted person. even without the slightest interest from the point of view of intimidation for the sake of example. and upon which he is compelled to rely! But this demand is not made if it be true that free will has nothing to do with the case and that what we despise in an act is the perversity of a nature and not the freedom of a will." Three exceptions he thus names which of society demands that is: My answer numerous category. we can no longer. are passions created by virtue taken conception. would it not be a good thing for him to turn his hatred against crime and the criminal? What better can hatred accomplish than to take itself for its own object and its own sustenance? Is not the execration of an assassin in a way but to feel a hatred of hatred? The sympathy which society feels towards the victim of a crime must necessarily be given expression. without contradicting ourselves. Now as long as man has absolute need of hating something. free will. and this no doubt is partly responsible for the gradual lightening of penalties which is one of the historical laws of criminal law. despise the murderer who was forced to kill. constitute a . Let me as far as this is concerned. by means of a profound antipathy against the criminal by reason of his crime and apart from any thought of the crimes which he is still capable of committing or that his example is capable of suggesting. If one thinks this ardor of antipathy irrational. the ignorant.

that the violation of the legal right by one of the parties took place owing to inadvertence. makes itself vaguely felt in the inclination which irresistibly drives us on to avenge ourselves because of a wrong. this powerless wish? The unfortunate part of it is that the very day these fine and useless sentiments and others similar have disappeared. lies their In criminal trials the violation of the legal right has been intentional. makes us. In civil trials one may believe. they betake themselves to the author of this powerless- and despise him all the more and obtain momentary satisfaction in punishing him. and this mistake is disproved by the enacting part of the decision. as of ruinous litigation over a trifle. which is equal to and contrary to action. Some . But when the honest masses. has not failed to cause instructive astonishment to the thorough moralists.e. or to oppose judgment to judgment {i. and one is supposed to believe. in so far as it is is [§ 5 excessive. that a higher law here intervened. after all. us want a penalty for the wrongdoer which Possibly. for the same reason is as we spontaneously deny. often without any need. but it of no benefit to can also be said as well that our sympathy felt for its victim causes us to feel a grief which is often useless. to oppose will to will in a criminal trial ending in a punishment).38 It is GENERAL CONSIDERATIONS said that our indignation. vengeance. and herein essential characteristic (just as the simple. slain or mutilated by this criminal. ness for themselves a So remarkable seems as if is the tenaciousness of this sentiment in spite of every calculation and of every line of reasoning. as though to contradict an error. sympathizing with some unfortunate. in a civil trial).e. and which I shall often keep coming across and must continually reckon with at the same time as I combat it under certain forms. Will anyone go so far as to bar this feeling which does nothing. all the useful ones which are left value and the charm of life will be broken. which will not bring back to life the person who has been assassinated and will not restore the stolen property to the person who has been robbed. — as it almost if a social echo of the mysterious physical law of a reaction. desire but are not able to repair to shall will lose their them his injury. proved by the many cases This deep-rooted and strange need of symmetry. which I have already combated in Kant. elementary nature of the legal right which has been violated). and this bad will on the part of the wrongdoer is redressed by that We take of society which causes the sentence to be carried out. (i.

it is just for that very reason that one has chosen it. It still remains to be seen why one plan is decided upon rather than another. and not their propagation by degrees. for the goal is the work and not the doing of it. itself is Is that as end. Now children.'* the final much as to say. of Christianity. it seems. but he persists in truth upholding the relation between demerit and punishment. simply because this idea has flashed across his brain and he has seized it on the wing while imitating someone just as he would have grasped no matter what idea. or at such a place or in such a position. happiness. that physical happiness. if one does anticipate more happiness from it.§5] of THE DUTY OF PUNISHING to find a place for it." other hand. prosperous. 39 should them are seeking "The good it be happy". the sacrifice of pleasure for the sake of the idea. and overthrown tomorrow morning for no better reason. but according to him means follows that "the wicked should be unhappy. In vain does Fouillee think to justify his position by calling attention to the fact that suffering is never an end and can be nothing more than a means of attaining happiness. in parenthesis. of modern civilization. that social pleasure. its proper end? Physiologically. It is not always because one anticipates more happiness from its execution than from any other. These caprices of children are not as far removed as one would be inclined want and such a form of government acclaimed this evening. the absolute triumph of hellenism. the victory and not the combat. to drink the syrup he has a preference for if you do not serve it to him in such and such a plate or glass. But what is the work other than the conception of the work. and especially its element pleasure. A capricious child will refuse to eat the dish he is fond of. or. socially. Janet seems disposed to giv^e by no the On up the idea of the com- pulsory relation between merit and reward. is in the same way nothing but an encouragement to activity. pleasure. its scheme. excepting under such . the universal empire of Rome and not the gradual romanization of the universe. is nothing but a stimulant and a warning for action. Their caprice is already idealism. alone and disinto think from the perverseness which causes a nation not to to be wealthy. which never can be realized in full? That is the end. are the more capricious as they are more intelligent. But is happiness itself. brought on by a current of imitation. or happy. that action Not at all. Fouillee concedes this. There are men and peoples who are just like children. The is that one of these positions is no more easy to defend than the other.

But problem: rational us it come back. nity. simply a pinprick. at the very foundation of evolution. or can we not adopt both of them together. Let us demonstrate that logically this is a necessity. GENERAL CONSIDERATIONS There let is [§ 5 a great moral lesson to be drawn from these observations of the psychology of children and of peoples. Either logic demands that. as has been done by all price. let us ask. is If usefulness goes down to zero. which is the better reasoned out? And. and will it not impose itself upon us for all eternity? As society assumes the reward of intentional services. that is to say if the service becomes changed into a detriment.40 terested. two things. it is a certainty that the price of a service should decrease in proportion as its its usefulness or that of its producer is judged to decrease. instead of receiving a price the man responsible for the detriment should give a price. must we necessarily choose between the two. called an indemnot very well contest this. why the greatest of criminals should receive. to his victim." But. the it exacts that. cease. what should happen then? this. and the virtuous man a price for his virtue?" He cannot understand "that in the profound order of things there can exist a proportionality between the good or bad condition of the will and the good or bad condition of the feelings. outside of social conditions. do there not perhaps exist. Whether we found the economic world upon to each according to his works or upon to each one according to his capacity. or else price. But of these two different deductions. . But following if its utility becomes negative. because of his crime. to improve upon the social surroundings? And from the time when society becomes a necessity. "in the profound order of things. utilitarian evolu- demands that the motion shoidd not then tionists could Now it must be one of and it is just here that the difficulty begins to appear. in the first place." reasons which compel the will and the feelings. instead of receiving a author of the misdeed should receive the opposite of a a punishment proportionately heavier as his act shall have been more injurious or his will more depraved. "that there exists a natural or of the will bond between the morality or immorality and a recompense or a punishment applied to the feelings ? Does any kind of reason exist. The principle of continuity." he asks. Guyau very concisely states this "Is true. logically it must also rest upon the punishment of voluntary acts which are to its prejudice. its price zero. does not the bond which seems unjustifiable to Guyau thrust itself upon us. in order that they may expand.

and it is ^ Read on . he has robbed does not become any more wealthy. and that in a case where it would be sufficient to check poor wrongdoers whom the payment of an indemnity would compel to a long and difficult expenditure of labor. suggested that Parliament make a study of its application. originating from the instinct of punishment. Thus it was necessary to inflict sufferings which should not be simply the grief of having to deprive oneself of one's money in order to indemnify one's Kant. was able to define the right to punish: "The right which the sovereign has painfully to victim or to do work for him.. it would be insufficient. And I hasten to add that in fact it is far from being practised as it ought to be. Thus it seems as though we should give pecuniary or other compensation for offenses the preference over every other penalty. in his book on the "Devoir de punir" (1887). 3 (1891). former magistrate. latter in man often the most keen. for the suppression of offenses. * The penalty of flogging has been re-established in England for some years past.^ the spirit of punishment in order to combat ^ His ideas have found an echo upon this point everywhere. this subject the forceful pages of Eugene Mouton. a sorrow. that it impliedly includes a portion of the latter. from the first paternal correction. it would not be applicthe able.e. has this advantage over the second. where rich or solvent wrongdoers are concerned). I do not say from the humanitarian point of view. the cruelties perpetrated by our forefathers in the enforcement of the penal law and to explain the persistence of a good thing to upon this. the one which gives the indemnity as the counterpart of the price." insist It is be alone to justify from the historical point of view. should it corporal among European If punishments. such as flogging . peoples and not the least civilized of them. Garofalo is absolutely right ^"ith respect to this. See especially the "Bulletin de I'Union Internationale de Droit penal. because of the laziness man and lack of energy of this class of delinquents. That is why the inverse of the price and not the inverse of the receiving of the price was chosen principally as being the logical and analogous consequence of the remuneration of the services. On the contrary when the thief is imprisoned. afflict the subject by reason of a transgression of the law." no.and the bastinado. When the thief pays the he has robbed the money damages for his wrongdoing. too.^ But the unfortunate part of it is that all too often in a case where this sort of punishment would be applicable (i.§5] legislation? THE DUTY OF PUNISHING The first 41 one. whereas the no way includes the former. this payment is at the same time a punishment for him.

makes us wish for its effacement by means of an expiation. nothing can better prove than this ancient and executioner. Notwith- standing. we dream of supplying what they lack. let us say in an energetic feeling of justice astray on this point. although in another sense. pity increases with the disposition to associate with others. and also in lack of inventive powers. is why penalties are becoming less harsh.^ To be and the offender at one and the same time. a soul of truth. imbued with the ideas of his surroundings as to the purifying effects of suffering. as well as the depths to which the contagion of surrounding beliefs descends in the inner conscience of the individual. in his "Problemes de morale sociale. can one deny that penal law thus understood. Among them venand of logic led them geance was judged to be a duty as imperative and on the same order as gratitude. fanciful. Let us conclude that Caro was not wrong.e." good fortune.42 GENERAL CONSIDERATIONS [§ 5 the spirit of crime rivals the latter in its atrocities and its horror. just as in the presence of some beautiful marble which has been mutilated or of a beautiful verse of Virgil's which remains unfinished. and in the same way as they believed it to be their duty to reward a past service. the happiness of re-establishing himself in his one's own eyes. from an irregular rotation which are ever the same. I repeat. which was very noble and (from a social point of view) ^ Guyau sees. or of any social utility. outside of any idea of defending it. but the desire to see injuries paid for in sufiFering does not make any headway. by means of the raising of prices. means to purify an entire people from the stain with which (as they believed) the crime of an individual stamped them or to obtain for the guilty individual himself. so they thought it their duty to By punish "quia peccatum est" and not only "ne peccetur. the need of an artistic and aesthetic restoration underlying the feehng which. the need of seeing services more and more remunerated. We shall see how. . independently of any reckoning as regarded future services. to be the avenger own mystical notion the unconquerable force of the need of vengeance. in the presence of moral ugliness. " in seeking at the bottom of the principle of Further expiation. and not without penetration. responded to a desire. is ever on the increase in the progress of civilization. from the historical point of view. This feeling may be but it is so universal and so persistent in an infinite variety of forms that it becomes necessary to take it into account. expiation could be conin a narrow circle of ideas justijBcation of our forefathers. and that. as a i. on we shall have to come back to these considerations. conceived. that ceived of as the strongest expression of penal utilitarianism. on the contrary.

which be it understood there can be no question except as a memory. in a shirt and with a candle in one's hand. Looked upon from this point of view. etc.§5] THE DUTY OF PUNISHING 43 very useful.. . which the costly therapeutics the most peculiar and extravagant penances. had an incomparable utilitarian efficacy. pilgrimages to Jerusalem with the pilgrim's staff. barefooted processions. suffered in all sorts of ways. — of — of our houses of correction has not equaled up to this time. sometimes even gave himself up to the judge in order in the end to give himself the inner joy of feeling his conscience to be pure. fasted. for moral perfection? A man flogged himself.

if evolutionists sometimes show themselves to be revolutionists in social science. can only see in the case of its own history a more or less useless preface to its demonstrations. ejdsting representatives. of the distinctions drawn between principles and beings. but dogmatism. its § 6. criminal? (I) What of is What is a Classification criminals.^ and in the first place we shall have to observe this peculiarity. Origin of the positivist school.CHAPTER THE II POSITIVIST SCHOOL and re- § 6. which finds in tradition its firmest support and its chief argument. (IV) What is crime? Its characteristics and its causes. the philosophy of the absolute. it is not an inconsistency on their part. by the importance which is attached to the genealogy of ideas. The three /actors. whatever may have been said of it. following the example set by the idealistic school. which is to be distinguished by its amenability to historical research. Origin of the positivist school. Also positivism is progressing. who preceded his book on the "Caratteri dei delinquenti" (1887) with a historical notice. sponsibility? (III) (II) Preliminary remarks. at the same time that its discussion seems rational in manner or in aspect. that it is an analysis desirable briefly to trace the history of formation. But nothing of this kind exists. and to supply within itself the precise consciousness of its previous condition. and it is transformism which excites a distaste for its former manifestations. What is the remedy for wrongdoing? Criminal sociology. its success the progress it has made. of the categorical imperative. it is It would be an easy task if this school. rather dry but complete enough in itself. makes of this preface its principal chapter. is easily explained. however. . and dogmatism is ^ We have an exception to make in favor of Marro. Positivism. which pretends to apply itself exclusively to the observance of facts. its success it and the progress has made. §§ 7-12. Before means of taking up the doctrines of the positivist school by of the best writings its on the subject. This contrast. its existing representatives. Statement of its doctrines. So. had shown itself anxious to clear up its own origin.

whose book appeared in 1754. has.§ 6] ORIGIN OF THE POSITIVIST SCHOOL 45 '"4 and it is never at the moment of its prosperity that a family is most preoccupied with its genealogy. in him is reflected and concentrated all its sentimental philanthropy." had. the source of all these diverse and opposed currents." p. However much of a revolutionist one may be. that is. parable brilliancy. and other great criminologists who." and because in the sixteenth century. Farinacius. the founder than he is new school of criminal anthropology. in other ideas. Beccaria. to reclaim for France a good part of the germs of the ideas which. not exactly because of patriotism. As to the which go to make up its content. but because of a habit of clear and precise analysis which is a national characteristic. To dress up in the Darwinian and Spencerian manner the results furnished by the observation of lunatics in asylums. Lombroso. 288. Hippolytus of Marsiliis. is a child of our eighteenth century. coincidence that the initiative of the serious reforms in penal legislation. It is not because of any chance losing ground. ever since the Middle Ages.^ "shine with incomin giving this steadfast direction to his aware of." Let us not forget the school of Bologna in the twelfth century. one is always something of a traditionalist. mental activity. seems to have been more directly inspired by English form of his doctrine. . made of the soil of Italy "the fatherland of the criminal law. Lombroso. more obeyed an ancestral suggestion. unaffected optimism. it is permissible for a Frenchman. two years after the punishment of Galas and the eloquent protestations of Voltaire. having been exported. and he owes to this faithful echoing of our philosophers his reception at their hands. flourished on the other side of the Alps. He wrote "L'Uomo delinquente" partly because his compatriot Beccaria had written the "Traite des delits et des peines. has had of the its origin in Italy. it is true. But from this point of view French influence is far from being insignificant. and excessive individualism. they obviously have no nationality. first and final However. and the universal enthusiasm which this reception earned for him. by the measurements of skulls or other parts of the body in the laboratories devoted to anthropology. and only the method by means of which they are disclosed can have one. says Esmein. so to speak. which compels us to go back to the "Corpus Juris" of the ancient Romans. at least in the scientific facts * "Histoire de la Procedure criminelle en France. and finally by the registrations of statisticians.

to his sorrow. Now. such as those of which the new Italian renaissance can muster so goodly an array. Whatever may have been the result of this collaboration. previously settled by Lombroso in a Draconian way. and he thought to combine these two brated professor of Turin. crime and the to present one as the phenomenon of recurrence in which reproduced in miniature and as an exception that which was formerly the rule. And its if the hope of having their innovations adopted at this day Italian by the Chambers. which is more apparent than real. we will find Frenchmen. such was the first conception of the cele- criminal . formal conception was furnished it by means of an ingenious . to interpret physiologically. is Later on it became more involved. and other divisions have been brought to light within it. considerable importance has been attached to the social causes of the offense as well as its psychic and physiological causes. who made himself carry the doctrine even to the point of use by the judicial majority. has split the school. when we take into account the supple tenacity and the steel-like flexibility which characterizes the intellectual temper of our neighbors. by means of a third. where the spirit of Beccaria has just had triumph. to come back to our search for origins. Even he. found himself compelled to recognize in the criminal less of a primitive man than of a madman. and the other as a savage driven to crime by his very nature. He had for auxiliaries a whole phalanx of m nds who were fond of innovation. wherein we should see the enfeebled image of our ancestors of long ago. the most fine-spun logician of the group. New problems have sprung up. of lucidity and strength which go to make him a classifier and popularizer of ideas to an equally prominent degree. the question of the death penalty. he has completed the work of the master. has since had to be abandoned. Then came Enrico Ferri.46 THE POSITIVIST SCHOOL [§ 6 words. Lombroso's point of view has broadened. where interpretations tentative legislative reforms are formulated of their own accord. and with his rare qualities of assimilation and deduction. at the starting point of all the ways which have converged in the "nuova scuola" Its as though into their cross roads. less of an ancestor than of a patient. statistics have been plunged into as greedily as anthropology. and not socially. one may be sure that some day or other it will reappear. and especially a magistrate. Garofalo. there has been as much ardor to strive to decipher the hieroglyphic figures of the former as the confused and contradictory descriptions of the latter.

which have been in regular use for more than half a century. end of the last century in Pinel. "did not know the name of vice nor of he pretended that one was either happily or unhappily bom. on during ours by Esquirol and by a whole line of great contemporary alienists. 1 virtue. but behind Darwin do we not perceive Lamarck. Guerry has been since 1829 the true precursor of the statisticians of the new school. from Orfila to Tardieu." of Diderot. and Brouardel. Morel's work on "DeBefore this had generescences" is dated 1857. work. Maudsley's first moral et intellectuel observes au bagne de Toulon" (1841). are the most fertile and pure source from which Ferri. and lastly legal medicine. — the science of its finest has drawn. Auguste Comte. But emanating from the quasi-Frenchman. among whom we must mention Lucas." Still another French predecessor of the "nuova scuola. numbers among us its most illustrious representatives. Anthropology. appeared Lauvergne's book. not forgetting legal medicine and mental pathology. and Prosper Lucas' is dated 1850. even though it may have its Gall for its more or less legitimate grandfather." is dated 1876." dated 1868. century. in brief summary. behind Spencer. with naturalistic tendencies. the Belgian Quetelet. and Despine. and behind Stuart Mill and Bentham all our encyclopaedists and even all our idealists? Its material substance has been supplied by means of the happy concurrence of two new and rapidly growing sciences.^ Such was. . "Mental Responsibility. on " Formats consideres sous le rapport psychologique. Morel.§6] ORIGIN OF THE POSITIVIST SCHOOL 47 combination of the Darwinian or Spencerian evolutionism with the utiHtarianism of Stuart Mill and Bentham. he shrugged his shoulders. having preceded anthropology. which. our compatriots. on the other hand. for I do not suppose that we will go back to rough outlines of this nature by the Florentines of the thirteenth the contributed to bring about — statistics has undergone in France itself developments from the point of view with which we are concerned. who does not cease to express his admiration and recognition. which is partly confused with the preceding science. who expressly and long before Maudsley. its creation and are always engaged in fostering it. our criminal statistics.^ stated and supported the theory of native criminality looked upon as a variety of insanity. When he heard the words 'recompense' or 'punishment' pronounced. those of statistics and anthropology. the part contributed by our nation to the deposit or the first working over of the materials afterwards origin at the psychiatry had and was carried "Jacques le Fataliste." ^ Despine s "Psychologic naturelle. has Broca as its father.

I in all his writings. have aroused interest originality and have held it by means of their stimulating by means of their scope filled with edition of "L'Uomo delinquente" he replied with "L'Homme criminel" (1881). by that inclination to take an accumulation of exceptions as proving a rule." the first edition of which appeared in the reports of the Institute of Lombardy from 1871 to 1876. keeps so many distinguished minds occupied in the many different lines of this branch of study." a periodical organ of the new Italian school. This enthusiastic seeker is none the less the true promoter of what he calls criminal anthropology. was one of the first to follow him. a name unsuitable enough too.^ To the first 1 * The "Les Tatouages" (Paris. 1886. On the other hand. which possibilities. 1882). which is noticeable and which his absorbing ardor. but by means of arrested development and degeneration. made a powerful contribution to the common work. 1870) and Maudsley (1873). Lacassagne. on the criminality of animals. an explanation which tends to prevail. England." ^ He accounts for innate criminality not by means of atavism. just as later on to "L'Archivio di Psichiatria. "L'Homme criminel" (Lyons.48 THE it POSITIVIST SCHOOL [§ 6 made is use of by the Italian criminologists. mean fleeting ideas. and not only by means of the famous names already mentioned. by that insufficiency of critiby that disordered confusion of heterogeneous facts. less as a disciple than as a competitor. and his original ingenuity cannot make one forget. obsession of fixed ideas. Furthermore Lombroso's worth researches of his predecessors. . the conscientious works of Benedikt being later than the "Uomo delinquente. Essays on the tattooing of criminals. and no less successfully does he throw into relief the social aspect of the question. his prolific observation. professor of Legal Medicine at Lyons. etc. and the impetus which. is scarcely lessened in our opinion it is still by the more by that absence of method. he replied with the "Archives de I'Anthropologie criminelle. The share of Germany can be reduced to the ancient conjectures of Gall and Lavater. In France. emanated from him. and lastly by that nervous hastiness of judgment and that lessened cism. first number appeared January 15. even outside of Italy. on the criminal calendar. as we already know. and among whom it will be sufficient for us to mention Thompson ("The Psychology of Criminals. 1881)." practically nothing. but by means of that blossoming forth of original psychologists which has been peculiar to it in all times.

" by Lorion (1887). "De la criminalite chez les Arabes. Puglia. fine One adversary. "Criminalite en Cochinchine. ^ Also of passionate and sagacious adversaries." by Kocher (1884). it is to him especially that they owe it. has not ceased to grow like the ranks of his adepts. . and if the French public has already become so keenly interested in theories and ideas which amount to a passion on the other side of the Alps. which. Sergi. "De la criminalite en France et en Italic. 1884 and 1887." brought together about a hundred learned men more or less imbued with the new doctrines and who came from quite far away. and a number of more recent works. a slim pamphlet to begin with. author of a ' work on "Premeditazione. In Italy. as well 1' Anthropologic strangely thinned. the ranks of which I It is am speaking have become preponderates. Also with each new edition of "L'Uomo delinquente. but to suppress as say as I will much for the became considerably augmented. its author's brain. ^ none the less true that the classical school still in Italy as elsewhere. Virgilio.^ It must be admitted that neither he nor his collaborators have neglected any of the known means to stir up opinion: special reviews. He in his turn has founded a school whose pupils are enriching the library of the criminologist/ with instructive works." by Ferri." Since these lines were written. in 1885. 1903) that at this very time the enthusiasm of the Lombrosians has cooled off a great deal. thanks to successive tributaries and the continual ferment of eralize." by Mesnier (1881). this work. which causes them to forget about criminal anthropology. and at last. as is much by Alimena. and that only five serve as organs of the positivist school. the others limit themselves to questions relating to the system of punishments. to profess and to attest the propagation of their positivist belief. I must add (May. Morselli. No one believes in the criminal type any more. etc. A table of Bournet' s (see "Archives de criminelle") shows that there are published in the Peninsula thirty papers or reviews dealing with criminality.^ Ferri among whom we must mention besides and Garofalo. Messrs. Lombroso has perhaps aroused a legion of writers rather than of workers. even from Russia. The Italian Penal Code has recently been revised in the manner of the old school and not of the new." by Bournet (1881). controversies with schools opposed to them. some of them have delved into Marxism. excepting Lombroso. "Nuovi Orizzonti di diritto penale. reason of his moderation as by reason of the solidity of his learning. under the name of "First International Congress of Criminal Anthropology.* Nevertheless it enabled 1 "Du suicide dans I'Armee. always rather ready to genwell." in 1878.§6] his rivals ORIGIN OF THE POSITIVIST SCHOOL 49 on the other side of the mountains have a manifest tendency to keep in the shadow. The Congress held at Rome. a Congress. public conferences in the principal towns.

moreover. and conjectures by certainties. temperature. But the school. without explaining subject. well settled as to the belongs to it reserves an undetermined place for the "social factors" of the offense. or it "anthropological factors" and the "physical factors" and flatters itself precision with having sketched the criminal type or types with a unknown until its own time and which unfortunately is hiatus deceptive. and which would have been much more pronounced had the programme of the second section. and for laying the responsibility for the offenders at the door of so-called honest society. It is time. for having felt them- . alienists or medical experts for the most part. been as complete as the programme of the first. the urgency of treating criminal anthropology as a form of psychology before everything. and as a form of criminal sociology. the pretended criminal type emerged from it greatly crippled. that of criminal sociology. of governments. of wealth. as the majority of the learned men who have followed these sciences have thought. is still destitute of a sociology which properly itself concisely on this seems to be. Also the most obvious result of this interesting Congress seems to me to have been the bringing to light of the preponderance of the social causes of offenses and the social remedies for offenses and. whereas it is. which is being created should consider as a gain the loss of its chimeras. and which affair.50 THE POSITIVIST SCHOOL [§ 6 one to observe the delineation of the dissensions which have begun to affect the school and will not be long in splitting it up. The same was to be observed in it it at the second inter- national Congress which held in Paris in August. or rather reduced A science to the condition of a phantom in process of vanishing. by reason of the nature of their habitual occupation. We must recognize the fact that these first founders. and of the period of history upon criminality had been discussed as were the influence of physiological heredity. however. but we must not regret it after all. was. as a consequence. and of the seasons. to replace shadows by substance. the socialists would have had a fine is the cause of crimes. 1889. of social conditions. of education. of the opportunity for showing that poverty and not cold or alcohol. a brilliant Much too large a place in it was usurped by the criticism of Lombroso's hypotheses. were to be excused. which might have led it astray in the beginning. that of criminal biology. it. of alcoholism. of mental alienation. to tell the truth. of epilepsy. if. of age. If the influence of religions.

of the To number these men. The school contains still many other contradictions as we shall soon see. if this is so. development which is we can say that for the destined to contradict itself or to become ruptured. of "nuova scuola" political among others. among journalists. At the same time. since the last Congress of Paris. accord seems to hold sway only on its fundamental points." a very substantial and powerful pamphlet. we are unable to think it as hostile to the former as to the latter. socialistic idea is just the reverse of the naturalistic idea. in fact. the only offered to the sociological aspect of the doctrine. and finally. with the tone of its controversies with the champions of the classical school. the denial of free will and of moral responsibility. This is entirely different from the volume entitled " Polemica.^ and the notion strikes us that these adversaries who are so much in who and it is are rather compromising. of the death penalty. Romagnosi. at least in formerly combating the them. at the bar. the only ones among the latter who have brought a clear and systematic point of view in social science. belong to the socialist Church. I personally am able to hope that.§6] ORIGIN OF THE POSITIVIST SCHOOL 51 selves compelled to exaggerate the influences of vital importance. Fcrri published "Socialismo e criminalita." which created a great stir in Italy (1883). . reacted against this tendency of exclusion. but showing sympathy for his adversary. Enrico Ferri has become a convert of Marxism. In spite of everything this school has made its way in France ^ In response to an impassioned pamphlet of Tiirati. 1903) that since these lines were written. without counting the minor divergencies. a radical and practical remedy (none call of it impracticable) for the evil of wrongdoing. and Carrara. This is already apparent from the hostile reception given by Lombroso and book on "Sociologia criminale" which is very remarkable as a criticism if not as the advancement of a theory. with the supporters perhaps an illusion due to the relations of intrigue which it has maintained with them." where personalities abound. Again. I must add (May. on this last point. hope of socialism is. But when is we compare the courteous chivalry of which it has given proof first of while fighting them. of Milan and Sicily. one must not say on the legitimacy. with the successors of such men as Rossi. unshaken. and even among the magistracy. if sympathy are allies in disguise. Filippo Turati. notably on the policy. and if the adherents which it later recruited among the Faculties Law. Napoleone Colajanni. on "II Delitto e la questione sociale. the belief in evolution. a belief to the contrary is far from being his supporters to Colajanni's last (1889).

. Bertillon. this time on that the International Union of Criminal Law.52 THE in POSITIVIST SCHOOL [§ 6 and Europe. president It would take of the Medico-Legal Society at New York. Bajenoff. however. curator of the section of Prehistoric Anthropology in the Smith- sonian Institution at Washington. Bournet. Coutagne. the writings of the new criminologists have met with great success. the Minister of Justice. and of mine. a place apart belongs to Senator Moleschott. Magnan. whose members are recruited from the whole of Europe. It little to moderate and seems that since this Congress. Ladame. Fere. as official delegate of the Dutch government. Benedikt. Clark Bell. Thomas Wilson. Madame Clemence Royer. Motet. but we already know the names of the most celebrated of them. where. and even serve as authority for judicial sentences. all the minds convinced of the need It is from of reform. and many others. whose youthful old age and courteous authority contributed no wisely conduct the debates. Prince Roland Bonaparte. Van Hamel. it numbered among its presidents or most active members. Magitot. Doctors Roussel. is based upon two passages of Garofalo . enabled the rapidity of its In France the Congress of which we have spoken Opened by its progress to be measured. such as Mr. Messrs. and Mr. Alvarez Taladriz. Spain by Mr. Mr. Manouvrier. Brouardel. Belgium was represented especially by Dr. by the Criminal Chief Justice of Buenos Ayres. has made itself more keenly felt than ever. a distinguished The United States had sent Mr. director of a lunatic asylum at Moscow. More than two hundred persons became members. and Mr. Drill. . Switzerland by Dr. . the is need of reuniting on a common ground which supporters of the truly positive and practical all the new ideas.^ was not able to send any representatives. Semal. This society has as its fundamental principle the pre- ^ Last year a sentence of conviction rendered against a poisoner. Senator. Austria by Mr. Holland by Mr. publicist. Though Spanish America. entered upon a course of prosperity destined some day to bear fruit in legislative results. who founded two years ago in Madrid a review of "Anthropologia criminale" on the model of "Archivio di Psichiatria" and of the "Archives" of Lyons. However. Lacassagne. had frequent applause during his eloquent speech. professor in the Faculty of Law at Amsterdam. Russia had several. too long to enumerate the representatives of Italy. Herbette. Councillor of State and Director General of the Penitentiary Service.

also. at Amsterdam in 1902) did nothing more than reveal more and more clearly the over- throw of the masters of the "nuova scuola" and the disillusionment of disciples. under the learned form of hypnotism. The shortest and best way in which to state it. lends to the lessons taught by the new criminologists the powerful interest of its actual existence. 1903) I have nothing to retract in the historical review which is given above. neither have I anything much to add to it.^ certainty of so § 7. Liegeois. in his pamphlet on "Hypnotic Suggestion in its Relation to Civil sion caused in the whole of and Criminal Law. as is that of morality. and then we shall attempt to form an opinion as regards it from our particular point of view. and by the rising tide of our delictuosity which is preoccupying even our Parliaments. of the social causes of the and it is from this point of view that it is making a study of questions relating to punishment. by the unmany of the things around us. fostered also by other causes. resuscitates or exhumes. The crisis in which penal law finds itself is also increasing. at Geneva in 1896.§7] STATEMENT OF ITS DOCTRINES 53 offense. But without having read it. it seems to us. The time is ripe. The sudden revival of the marvelous during these last few years. of which it is only a symptom and an effect. to encourage the progress of reformers.5* What becomes of culpability after this What becomes of the penalty? From now on in the bottom of our hearts." was the first to point out the vital problems which this new line of psychological discoveries raises or revives. f* a moral anxiety which. an unconscious marionette of the strings which operate his will and determine his very con. thenceforth established. by means of the wonderful seances of various "fascinators. Statement of its doctrines shall review and make a which we are here concerned." have seemed to cast a terrible light on the innate error of free will and to have brought to bear crushing arguments upon the theory of irresponsibility. is not successively to review the principal After this historical preamble we careful analysis of the doctrine with ^ (May. and the remarkable impresEurope by the experiments at the Salpetriere and at Nancy with suggestion. In fact the divers Congresses which have since taken place (at Brussels in 1892. ponderance. sciousness itself. and reveals the imminence of a revolution affecting laws and customs. the first comer who assists at the exhibitions of a Donato takes fright and says to himself: Can it be that man is an automaton who believes himself to be self-governing. its latest .

just as the penal point of destructive activity.54 THE POSITIVIST SCHOOL [§ 8 works which it has brought forth. compels us to reject these two axioms. What is the criminal. is just cited at least and which. old school. order indicated. according to the most recent results of the science of man. so the is "nuova scuola" arose in opposition to the classical school of penal . that man is born good and that if he does wrong it is. founded upon these two postulates: in the first place. easy of redress by means of a slight correction. in spite the most substantial. view of the other in his explanation of dominated by this conviction that man is everywhere engaged in the pursuit of his happiness. borrowed by Beccaria from the optimistic and sensitive eighteenth century. free will being left out of consideration? 2d. caused by reason of a reaction against the individualism of its founder. and warped by his exclusive concern with the aims and rights of the individual. and in of penalties this way exhaust Beccaria is the sources of a liberal spiritualism in criminal law. Now just as political economy saw the rise. no less than determinism. What is responsibility. a passing deviation. which are: 1st. the economic point of view of the one in his explanation of productive activity. fruit of the school of innovations. of the school which has been given the name of the Socialism of the Chair. Preliminary remarks. without any doubt. The offenses. its system was an "a priori" construction. started with those abstract things. free will. But pessimism. the error. of the youthful if we shall proceed with our statement in the it In conforming to we shall follow almost step by step the volume which we have sound of its title. both so widely spread in our day. according to is crime? the information obtainable by means of statistics? 4th. says Ferri. a counterpart of Adam Smith. and in the second. without any regard for the aims and rights of the State. which it considered apart from the criminals. This illusion is preserved even to our day by the socialists. § 8. What What are the causes which act upon it. unless it should be the fault of society. not the ripest. but to bring out the answer which it has furnished to some problems of vital importance. What shoidd the punishment be? tiary reforms tions What are the judicial and peniten- which are needed? After some preliminary observawhich we shall borrow from the introduction of the "Nuovi Orizzonti" by Ferri. anthropology and psychology? What is the most natural classification of offenders? 3d.

which cannot be neutralized. external or internal circumstances remaining the same. 3d. unless to a very slight extent. therefore he is guilty of having committed it. he himself was aware of this possibility. by the other. taking in with a broader view the com- law. that the early studies of Camper. responsibUity? What is The criminal. which must be curbed by means of the prospect of punishment. on the measurements of the have said that the observations human skull and skeleton. that the observations made by Haeckel in embryology and those of so many the other naturalists. in a very much stronger measure. concerned with the classification of oflFenders rather than of Before offenses. of White. by means of the fear of punishment.§ 9] WHAT IS RESPONSIBILITY? 55 It is inspired with the same spirit and conforms to the needs of our times. the delinquent. revived by the doctrines of evolutionism. Having said this much. and. would one day become of interest to the penal law?" In substance the divergencies between the old and one. of Blumenbach. denied upon three distinct points: 1st. being at the same time more comprehensive and more penetrating. and with observation rather than with deduction. which has for guiding principle the belief in the necessary repetition of similar phenomena under similar circumstances. regarded by one as a future new doctrine bear aflSrmed by contingency which will or will not arise according to the free caprice of the individual. everything else. let us see how the school replies to our § 9. looked upon by one as a man of some description. had he so wished. and represented by the other as a physiological and not simply a psychological anomaly of human nature. the offense. Such is the postulate of the old school. (I) first question. could have not committed his crime. free will. by means of the reform of civil institutions. This is completely overthrown by the general spirit of modern science. however severe it may be. that the voyages of discovery in savage countries. "it proposes to bring into the science of offenses the life-giving breath of the latest discoveries made by the science Who would of man. that the researches of Darwin on the variations obtained in the raising of domestic animals. 2d. anthropological and social causes. and regarded by the other as a natural and necessary phenomenon which has its physical. and especially by the discoveries of experimental psy- . plexity of social facts It is and grasping individual facts the more closely. of Laplace on nebulae.

"Every being fights for its own existence." such is the Darwinian principle upon which we must found all penal law. a step in advance. entirely negative.^ is This defense an immediate hitting back. However. the demonbecomes palpable. of a living being than . and neither is punishment. which bears on observations to a certain extent accurate. however. but accompanies and enlarges the latter. The necessity of fighting implies that of defending oneself against every aggressor. Under this double form the defense is made use of by individual organisms. without considerable dissimilarities which the already hackneyed metaphor of the social organism does not recognize. it is useless to insist on the frailty of this compromise. 2 This remark. Letourneau. But As this result points out the necessity of changing the principle. It holds within it at least this truth." points out how much inferior the monkey is." as well as of criminality. From this there danger: the lawyer finds in the alienist a more and more extensive and firm support. as the latter conclusively shows that the accused was unable to will not to commit the crime. assumes a positive aspect. There are thus so many contradictions of the illusion of the inner sense on this point that. to go the irritability of but nevertheless affirmative. he insures immunity to this criminal. to the provisional solution which is suggested by eclecticism. let me remark in passing.^ a double one. if we leave out free will. from the lowest to the highest degrees of the animal scale. not. and by social organisms as well. in a number of its of cases stration falseness arises a real social which are daily increasing. even in the animal world. called vengeance. as in a duel. Irritability is no more the fundamental characteristic is punishment the fundamental characteristic of a society. to the ant. compose In a series not only similar. This is logical because the foundation of responsibility is freedom of will. entirely defensive. which. Again. which is possibly unknown ^ One could. deserves to be developed and to be corrected. the parallel between vital development and social development is not without very marked exceptions. that of a limited freedom and of a partial responsibility. that the social world is not a consequence of the living world. Theft and assassination are not monopolized by the human race. in the prehistoric. for it presupposes memory and foresight. from the proteids to mammals and to man. in his " Evolution de la morale. but parallel to that of the former. and. coanect the penal function of societies with the live tissues. This quality. or a Vengeance is already hitting back postponed. still deeper. on what are we to base responsibility? Like good transformists let us seek for the sources of the "penal function.56 THE POSITIVIST SCHOOL [§9 chology (not to ihention hypnotism). as regards social instincts. which would have the advantage of showing the insufBciency of the definitions of life which are founded on irritability as the only vital quality. Furthermore. a resentment and a calculation. a comparison.

. alas! industrial and military supremacy as allies and not as opponents. his perpetual antithesis between the military spirit and the spirit of industry. it has its aggressive side. of the apportionment of labor pushed to the rule of castes. 67 et seq. at Florence. If one looks at it from the point of view. would be a surprising thing.§9] WHAT it IS RESPONSIBILITY? 57 be animal or human. Athens. Oppression is nothing but an aggression from within and which starts at the top. Is it desirable still better to define the nature of this sort of vengeance? Spencer is correct in saying that the "defensive reaction" of a society is always the same thing at bottom whether it be against an aggressor from within or one from without. in the form of armies and battles will inevitably operate to change the defense by the individual against aggressions from within into a defense by society.. but more and more is the latter coming to be substituted for the former. in France. which I developed in my "Lois de I'lmitation" (pp. how much happier a comparison this one of Spencer's is than is. the personal revenge by side with the collective revenge of the group to which he belongs. Thus the same causes which have little by little changed the defense by individuals against outside aggressions into a collective defense. were opposed to industrial progress. whether of the individual injured exists side . by means of which it is responsible for the institutions of oppression which allow of the subjugating and ransom of the innocent as the conquerors reduce to a state of servitude or burden with tribute the most peaceful of the neighboring peoples. The malefactor is nothing more than an enemy on the inside. at every society. in Germany. parenthetically. which I think is a broader one. in many ways.) the exception disappears. if. unless we proportion social elevation to the degree of social cohesion and discipline. Undoubtedly. . Let us point out. the spirit of militarism. so scorned by the illustrious philosopher. though in its character of prosperity It defender the army is responsible for those judicial institutions worthy the name. just as though industry could exist without the security which criminal justice assures it! If there is no army then there will be no police force. parallel on the one hand to the progress made by the bench. which is historically the most important. in Egypt. Thus the development of the military spirit and of the criminal law keep pace with each other. But even under this aspect the matters we have been comparing are not without their possible justification in the eyes of the the remark is not true. however.. Contrary to his views we find all through history.

alone can explain the character of trespass which attached to an offense. this radical identity between war and criminal prosecution. which is the object of the combatants. is only at the first. and the social or judicial phase. It will be a good thing if. the evolution of feeling on the and ideas relative to punishment embraces three phases: the religious phase. and for noting this difference that the "defensive reaction" of enemy in the shape of blows with lance or an immediate hitting back. and not the death of the guilty which is the aim of the courts. which is dear to him. If one objects to these fearful slaughters of the battlefield which ought by comparison strangely to lessen the horror of a few instances of capital punishment here and there. out of the fight. classical science Among legisla- has remained at the second period. however. while repelling an attack. and tion more behindhand. the ethical phase. the usurping superiority of the power of the priest. The priest placed the divine vengeance above the public vengeance and here brought in ritual formalism. THE What POSITIVIST SCHOOL [§ 9 it great nation could have been formed had lacked the spirit of conquest? What powerful national unity could have been established without a centralizing and organizing despotism? ^ Aggressive militarism has thus this very great use. There are many other differences. Let us come back to our review. and upon which may later on be built flourishing democracies. and they are no less instructive than the resemblances. Considered in its entirety. it becomes a case for the application of the distinction made above by Ferri. But positivism leads us to the last. Is one concerned. a revenge. or a is not courageous? . us. without which and oppressive government is re- for the foundations of the powerful centralizations without which no great State is capable of existing.58 historian. in the course of our work. The conception of culpability is of mystic origin. and not the death of the enemy. and especially will It is it be so when we come to deal with the death the putting out of the fight. it leads us towards the lasting peace is no possible. But his influence is wane. while its defensive reaction against the criminal is always a deferred hitting back. by which we are brought back to the starting still ^ great people which Also give us an example of a brave people which has not been warlike. we often recall this anal- sponsible ogy. it is also the putting penalty. when societies were still young. with knowing to what extent the aggressor is society against the cannon is guilty? Not in the least. immense accumulations.

One can see the importance of this classification which leads us to propound our second problem. 2d.^ In order to apply these different remedies to the different cases. With this last distinction is intimately connected the distinction between delinquents of various categories. or to the principle of social utility. be burned. pity which . 3d. The remedies ives. Starting from this point one perceives that society does not have to ask itself. the degree of "temibilita" (of "redoubtability. the other positive and utilitarian. and elimination measures: imprisonment prevents and eliminates temporarily. He rejects the terms "offense" and "punishment" as themselves contaminated with the spirit of mysticism. symmetrically counterbalancing the offense. but it is insufficient." if my creation of a new word may be overlooked) of the offender. 2 Garofalo's classi6cation is simpler. : prevent- measures of redress. acts. one specific force of social Law "the metaphysical. The place given to repression is thus an unconscious and illogical concession to the theory of expiation. We must at the same time take into account the more or less anti-social character of the agent. . because it does not demand that useful acts should be intentional and voluntary in order to reward them. and the unconscious influence "of the residue of religious traditions" alone can account for the importance which we attach to intention in the criminal law. what shall be the rule? Garofalo has answered. 4th.§ 9] WHAT is IS RESPONSIBILITY? is 59 to say. restorative. in order to punish injurious whether they are intentional and voluntary. and only wishes to hear "offense" and "defense" spoken of. and illustrates the force of the repugnance in us which is opposed to the suppression of one punishment for the sake of another. repressive measures. and an inborn than is perversity is no more reason for giving rise to indignation a corruption of the blood. This answer is true. ^ Carmignani is still more logical than Ferri. A will day will Today we pity the insane who used to come when delinquents too will" inspire not prevent us from protecting ourselves against against offenses are of four kinds 1st. the fine prevents and repairs socially. that organisms". But there are two ways. he only distinguishes reparation of the detriment and the elimination (temporary or final) of the malefactor. their attacks. considered as distinct from preventive. of law. a society without law is as inconceivable as an animal without the spark of life. measures of elimination.^ Intention- ally or unintentionally. It is hard to understand just what repressive measures consist of. measures of prevention being set apart. the act has resulted fatally. as a chemical substance without affinity. in which law should be understood. point.

but habitual wrongdoing is localIn every country it bears ized only in some of these forms. of a small fractional currency. The difference is eighty-four to thirty-two per cent in Italy. are agreed in recognizing a class of incorrigible malein it nothing artificial. It is. — — principally on theft. form is crime was owing to the compulsory circulation of paper money The best remedy for this species of thus. carrying ^ of weapons. of offense provided for by the various systems of legislation are numerous. than in the case of offenses. opposed to the optimistic illusions of and. on the whole. a distinction which could be applied even to honest people. perjury. At the same time the proportion of recidivism is greater in the case of crimes properly so-called. and counterfeiting much more than in France. all the directors of penitential establishments and medicoespecially legal men. ninety to thirty-four per cent in France. moreover. but murderers are not always given the opportunity to become recidivists. both living and dead. much less than in France does it apply to offenses or crimes against morality. after a factors. eighty-six to thirty per cent in Belgium. according to Ferri. especially when they have stealing as their motive. the return to a metal currency. and two hundred in the German Code. competent men. This is so in all countries. As to murder and assassination they have also a very strong tendency to become habitual. in Italy it also applies to assaults. How many there are whose honesty is entirely due to opportunity and depends on the happy circumstances of their lives! It may be that these are the very ones who. ^This in the is The or coincidence of these figures is striking. constitute an apparent objection to the The kinds and varieties theory of Lombroso and those like him.60 THE § 10. a fact diametrically classical spiritualism. POSITIVIST SCHOOL (II) [§ 10 What is a criminal? by means of a close physical study of delinquents. bearers of the criminal type without having any criminal court record. the great distinction which is recognized at the base of every proposed classification is that of delinquents and there are a great number of them jrom habit and from opportunity. including bloodthirsty crimes. about one hundred and fifty in our Code. and of classifying them according to a principle which has It is In the first place it is remarkable that prolonged contact with prisoners. . that we have arrived at the ability of discerning among them differences in their natures more or less sharply defined.

is far from being equal to the proportion of recidivists (offenses and crimes taken together) which is fifty or sixty. add an immeasurable vanity. can we have any doubt as to the morbid principle of these aberraLet us now draw a distinction. by noticing that the proportion pointed out. The criminal by reason of passion has a very acute perception. prone to accept its clear enough distinction between criminality from birth and madness. as was said above. This classification of Ferri's. as a general thing among the innovators. forty or fifty. or Menesclou. but in foresight. exhuming dead bodies in order to defile them. Lack of moral sensibility accounts rather for wrongdoing from habit. description traced. I should observe. from delinquents who are incorrigible because of an acquired habit. and when we see individuals such as Sergeant Bertrand. At the Congress of Rome it gave rise to lengthy discussions. characterize criminals. whether they be united or separated. Among the former we must set apart delinquents who are incorrigible because of inborn perversity. lack of moral sensibility and lack of foresight. no matter to what category they Let belong. Among the latter delinquents we must make a special by reason of passion. Two may us psychological characteristics. is extraordinarily lacking Precocity is one of the most striking indications differ of the delinquent who is destined surely to become a recidivist. Numerically compared. and lack of foresight for wrongdoing from opportunity. or defiling a child of seven.§ 10] WHAT IS A CRIMINAL? 61 Let us leave out insane delinquents. irresistible passion being nothing but temporary madness. between tions? delinquents from habit and delinquents from opportunity. One is. and it is not one of the least of the originalities of the . delinquents from birth or habit amount to the number of forty or fifty per cent. but let us subdivide them. has not been unanimously accepted. and its underlying principle has not met with too great an amount of opposition. these various classes themselves. defiling women after having strangled them. no less among Out of the total number because of passion or madness represent but five per cent. and then cutting it into pieces. delinquents and contradicIt is worth tions. Here are the individuals who bear the physical of malefactors. not without many erasures the anthropologists of the new school. who in one division to include sense are related to insane criminals. Verzene. But it is the most complete thing which the school has produced up to the present time.

this idea was put forth for the first time by Bordier. physiological. and idiocy an innate dementia. Dementia is an acquired idiocy. dementia. from his ferocious physiognomy. the allurements of the alienist group. 1887). from his slang. psychological.62 THE POSITIVIST SCHOOL to [§ 10 "nuova scuola" sciences in their have resisted on of this point. a characteristic in which one feels the near parentage of the four-handed animals. they are in fact contradictory. In attempting to solve in made it more confused. which abounds in rural communities. by the choice of an ingenious support. ^ I allude to madness." November. But in order for this to be so it would be necessary for epilepsy to have been the normal state of primitive 1 According to Topinard ("Revue d'AnthropoIogie. from his associations for purposes of brigandage. and not to idiocy.^ Anatomical. between the primitive savage. the criminal from birth might be in a way a very old family portrait reappearing from time to time. discovered on the very field of the natural most recent state development. . from his insensibility to suffering and to pity. and this was Lombroso's first theory. With good reason the objection was made to him that he ought to choose between these two theories. any called. the difficulty Lombroso epilepsy. whose progress it even now an exception in our rural districts. which. such as he may be imagined to have been according to what is known of existing savages.. very far apart and very large. Lombroso began to lose his foothold in admitting that the born criminal presented undeniable analogies to the pre-human animal.and a rarity not to be found among savages. From his handle-like ears. as well as to the savage or the follows. more than monstrosities properly so- This position seemed a strong one. from the length of his arms compared with his legs. madness being the outgrowth of civilization. is the theory of Darwinian and transformism. he brought whether manifest or "larvated" (that is to say concealed). being madman. from the heaviness of his lower jaw. would be more intimately related than any form of madness to congenital criminality and would effect the fusion of the opposed points of view. from his tendency to tattoo himself. but from the time of the second edition of his book. and even social similarities have been imagined to exist or have been stated to exist. the born criminal is This support atavism not necessarily or habitually either a for diseases of madman or a monstrosity. from his low and receding forehead. If this be so. an ignoble and rudimentary language. the brain or other diseases are not ordinarily recurrent phenomena. and the criminal by birth. It is true that idiocy strangely resembles the last stages of madness.

Furtherwas better established in a certain sense than the more. but they had been examined either to a limited extent by himself. nor belonging to the same class In society. and Maudsley. and clearer.§ 10] WHAT IS A CRIMINAL ? 63 if ever there was one. insists much more on the anomalies of a pathological order which would distinguish him. based on observations made on nearly 4000 malefactors. Jacoby in (1881) that Italy "the medical investigation made in 1874 ascertained that among all the inmates of the penitentiaries of the kingdom there were but ninety epileptics and insane persons. little by little he departs from his first idea and approaches the theory advanced by Despine. including feeble-minded and idiots. " for December." The conclusions drawn by the master were. but it does populations. as he tells us. from top to toe." a review of work done according to the anthropometric method of the professor of Turin. often superficially and always only partially and from different viewpoints. more well defined. would be three. after an exhaustive research of their parentage and their antecedents. ' Without counting three hundred and eighty-three skulls of criminals. I read in the curious "Etudes sur la selection" by Dr.^ a pretty large figure. The disciple limits himself to the study of 507 male and 35 female criminals. or five in every hundred inmates. four. and compared with an undetermined number of honest people of some kind or other." The proportion of epileptics and madmen. but the examination of each one of them thoroughly by himself. Morel. is the subject of a separate study. . in the most recent expression given to his thought we maintain that Lombroso. 1887. Every ^ This hypothesis of criminal epilepsy is the subject of a strenuous attack by Colajanni in his "Sociologia C'rirainale" (1888). not always of the same race. whose book on "Caracteres des delinquants.^ However this may be. according to this author. ^ See our accurate account of this work in the "Revue philosophique. but more orderly. a gratuitous assertion not follow that every criminal has a predisposition to epilepsy. whose honesty was verified and guaranteed. without absolutely giving up the anatomical characteristics of the delinquent. or by other scholars. To be sure epilepsy has often the character of crime. and they are compared with one hundred honest individuals. all of the same Piedmontese origin as were the former. marks another step in advance in this line of reasoning. nothing relation existing between epilepsy and a tendency towards crime. and belonging to approximately the same social surroundings. Then came Marro.

they recover from their living hieroglyphics to injuries and their wounds are healed. had already been employed by Lom- broso for the purpose of characterizing in the language of figures or of graphic curves. precise even to the point of minuteness. even through their handwriting and their signatures submitted to a graphological analysis. as we can see. their heart beats. which he has filled in by measuring. which are strong and large. first. which are long and narrow. singular arabesques. of the new and patient searcher. in which their blood flows.64 THE POSITIVIST SCHOOL [§10 instrument for measuring or which was known to contemporary medical science and to psychophysics. and much less so to the sight of a "donna nuda. has reviewed the memories of ten years of compulsory labor. their muscles contract. However. their senses operate. and the hands of swindlers and thieves. and will now be drawn with all the preciseness which is dreamed of by the essentially precise mind. that which has been called their "disvulnerability. aestheseometer. there is not the shadow of a doubt as to its existence in — 1 This insensibility considerably reduces the worth of that stoicism which almost strikes one with admiration when one reads. On every page convicts are referred to who submitted without flinching to five hundred or one thousand lashes with the whip. condemned for a political offense. etc. that malefactors are very responsive to the sight of a gold coin or of a good glass of wine." the marvelous rapidity with which. considered as so many be translated.. and in the case of the girl- mothers who are the perpetrators of infanticides. He had above all furnished the proof of that remarkable insensibility to variations of temperature and to physical pain which accounts for^ two other no less striking characteristics among malefactors." in a photograph to be sure. and by this means to discover through the corporal manifestations of their being. the hands of murderers. Now Marro has taken all these measurements and ascertained all these data over again and he has found gaps in them. the manner in which thieves or assassins breathe. the secret of their being and of their life. there is reason to believe that it will most decidedly become detached. their profound indifference to the sufferings of another. . for example." by Dostoievsky. dynamometer. In this manner he had discovered. the "Maisoa des morts. and their feeling all is given expression. if the criminal type exists. by a strange favor of Providence. especially by means of three sphygmographic tracings. and second. a book of intense interest in which the author. their confinement comes to an end without any medical assistance and without any unfortunate complication. Thus. the sphygmograph. for example.

but the atavistic theory does not gain much thereby. with examples to bear them out. he found only an inbetween the height of criminals and that of "normal" people (it is thus that he calls honest people. . and implied no approach whatever to the carnivorous the frontal lobe where one learned type. following the anthropological system of Bertillon. for he estab- that prison diet lishes at the that is to say precisely the If same time that the "stupratori. Let us see." most bestial category of criminals. according to to whom the truly normal man would be the criminal and honesty would be an anomaly).^ As to weight. we were assured that notorious criminals as a general thing have shorter arms. however. according him that of delinquents is perceptibly less. is compelled to admit that previous research has suggested "and even opposite. He tells that Porta in the twelfth century drew a portrait of the professional rogue which very much resembled the Lombrosian characterization: large ears. To be sure he confirms the observation of Lombroso as regards the great arm-spread of delinquents." the "violators. Thus Marro carries on his researches with a prejudice which is very favorable to the ideas of his celebrated fellow-countryman.^ thirteen times greater ' This is the result of anthropological deliberations very seriously developed by him at the Congress of Rome. to what results they will lead. which was so repulsively ugly. Socrates had apparently forgotten his own physiognomy. There were smiles: an assemblage is always indulgent to the person who affords it amusement. ^ At the Prefecture of the Seine. etc. he finds the proportion of beardless adults among delinquents than among "normals" have short arms. He does not even seem to smile in reminding us that Socrates held a poor opinion of Thetitus. the imaginary genealogy of the predecessors who presented it. Paul Albrecht of Hamburg. he tells of the disagreement among anthropologists when it was shown (in 1882) by Giacomini that the quadripartal division of conclusions which are sometimes divergent He man had thought to discover the cerebral characteristic of the malefactor was in no way peculiar to the latter. because the latter had a flat nose. moreover. to others less. which perhaps shows is not fattening. long cheeks. The day he said this.§ 10] WHAT IS A CRIMINAL ? 65 the eyes of the latter. significant variation he himself was concerned. with an erudition not very famiUar to those Uke him." that the cranial capacity. and he carries far back into the past. at the risk far as As of contradicting the German professor. the stature and the weight of delinquents seemed to some to be greater than the average.

interprets things in the same way. these are the motives which. as irregular or teratologic if of See in the "Revue philosophique. which has been pointed out. the decrease in the size of the frontal and truly noble part of the brain. "conclusions which we can draw. Ambidexterity and "mancinism" are however of greater impor- to the tance. but let us see what place. the narrowness of the forehead. generally speaking. Marro. One of the most ingenious and prettiest arguments invoked by the atavistic theory was founded upon the frequent tattooing met with in the case of malefactors. traditional among certain barbarous tribes coming into contact with our civilized people. "from all the to bestiality? cranial measurements. Thus prisons sometimes become. still agreeing with his master. however. denotes the reappearance of the former type rather than the holding back from the development of the existing type. was communicated as a fashion to the latter. 1885. we must admit that after all here are details which are of comparatively secondary importance. they are almost bound to. as savages do. our very extensive "I'Uomo delinquente" under the title of: "Type criminel" criticism . and then to prisoners. true studios of tattooing. "A spirit of imitation. and he reckons. but can this be an effect of atavism. He qualifies them as atavistic if their cause is an apparent defect manifested among the ' ancestors of the individual. into three kinds." Again there is nothing to prove that this preponderance of a low type of life over a higher. Marro vanity.66 and is THE POSITIVIST SCHOOL [§10 fully sustained on this point. all individual variations judged to be defects. and idleness. twice as much ambidexterity and left-handedness among delinquents as among "normals". gives its place to atavism. but most frequently on the forearm only and in order to amuse themselves. according as their probable cause goes more or less far back into the past. have prompted delinquents to tattoo themselves." June. according to the observations made by Lombroso and Lacassagne. sailors or soldiers." not all over the body and in order to scare the enemy. as a result of the habitual isolation and the long periods of idleness favorable to its propagation among the former as well as among the latter. among malefactors. It is much more important to observe the exaggerated development of the jaws. of a reverting Animals are not left-handed." says Marro. He classifies all anomalies. This had already been answered ^ by explaining the fact as a simple course of examples which. the same as it is with regard bushy hair of the former.

accurate statistics he discovers the following facts: the anomalies of the individual himself. 1887. less to distinguish criminals etc. misfortune. are almost as frequent in the world of honest people as they are in the world of criminals and cannot in any way serve to characterize the latter. his final formula." For example. hernia. So artificial deformations of the skull. therefore should create a predisposition towards criminality." November. poverty. and partly from illnesses such as typhoid fever or from the abuse of alcoholic liquors. is of his "the insufficient nourishment nerve is all centres. rickets. and only nine times among his one hundred honest people. the delinquent is before everything a sick man. scars." although it might seem natural to attribute to moral monstrosities the better fate of physical monstrosities. the difference truly evident. receding forehead. lack of facial proportion. as pathologic By if the cause is a circumstance happening after their birth. disturbances of the circulatory system. deformity of the genital organs.§10] their WHAT cause is IS A CRIMINAL? 67 embryonic Hfe an accident which has taken place during the and lastly. and from other considerations. etc. But anomalies of a morbid nature. Anomalies of the second kind. squinting. facial paralysis. and especially tions of position by Lunicr.^ The lack of physical feeling of delinquents. that is to say the principal key to their psychology. exaggerated frontal cavity. is attested by all observers. besides. After all.. deformations of the skull. in the naturalist acceptation of the statistics "It follows from compiled in certain institutions for the insane. etc. according to the same Topinard.. when we learn that the only characteristic of his cerebral organization which is among criminals. prominent ears. proportion are found in is much greater even "enormous" and "clearly shows that in anomalies of this type resides the most important physical characteristic of the delinquent. as we are led to believe. they account for many cerebral changes which follow upon blows received." Badly nourished brain." "Revue d' Anthropologic. . goitres. his intellectual inferiority. and this is no occasion for surprise. serve still from "normals. Now these lesions are of very great importance if. that artificial deformathe skull do not produce insanity. means. who are unanimous in this respect. comes partly from these changes.. nose crooked. oblique eyes. lesions of the head are met w^ith one hundred and twentyfive times in the group of five hundred and six vagabonds of our author. the sum total of all his being. often a madman. of the first category. here of the criminal type. but that they create a strong predistowards it. then that remains One might * as well say that.

in the way of a general theory. such as agriculture." are perfectly right in calling the professional type the collection of justification.68 word. Either in one way or the other. and the criminal type thus conceived would have this advantage over the atavistic conception that it would be applicable not only to special characteristics. . have their professional type also? It is exceedingly probable. each class having both susceptible of being revived. ^ [§10 but in a sense which is entirely social. Why. accumulates and fixes by means of heredity its direct or indirect consequences upon the organs of the successive generations who transmit it from one to another. the arm of the locksmith. which if not callings are at least characteristic occupations. the legs of the postman. 2 Darwin says. arms. and that the distinction between the classes of society corresponds "grosso modo" to that of the more prominent professions. that the attitude compelled by a trade is enough considerably to modify the cerebral and cranial conformation. which are absolutely controlled ought necessarily to follow. if it be open to everybody and freely recruited. This does not simply its mean that the exercise of a calling develops and adapts to own ends the organs which it makes use of. should not crime and wrongdoing. a revolution in by the brain. religion. as is pointed out by Darwin with respect to cobblers who would have the frontal region of the skull very much developed because they are in the habit of stooping their heads. industry. draws to itself preferably the individuals best constituted to make a success of it. it by for the force of heredity. very ancient customs inherent in our societies as is the mushroom in the tree. and even in an indirect way the organs which it does not make use of. often incongruous ^ See the article already referred to in the "Revue philosophique. by the choice of vocation or must come about that the majority of So we people it.^ It shows besides that a calling. with or without kindred. 1885. then. its recognized anatomical and physiological characteristic more or less easily among the majority of its members. " for June. and if it be a limited class. the lungs of the lawyer. who are engaged in the practice of a profession are born that they have "the physique of the occupation. nothing is THE POSITIVIST SCHOOL is left. it We have ventured the idea that each profession in the long run will create its social physical type. all branches of economics. If this is so. and without any apparent which are ordinarily to be noticed among fellowmembers and colleagues of all sorts and who make of the "confraternity" a sort of true fraternity.

to face each other. 492 et scq. 84 et neq. 1887. Now ^ it is made its way among profes- Manouvrier in a very clear article has and Topinard. for the ' * ' Published in the "Archives de 1' Anthropologic criminelle. and what accidental act there which has not a tendency to reproduce itself.. See "Crime et suicide. but to the criminal of every class. or else by the third. Corre gives it a getically combated Lombroso's point of view. However." November.§11] WHAT IS CRIME? 69 the born criminal. constitutes a part of the passion driven to paroxysm being nothing more than temporary madness. now let us ask what it is. differs One must be examined from the criminal as the act differs from the separately from the other. noticeable that this viewpoint has sional anthropologists." pp. sometimes without a record of conviction. (Ill) What is crime? Crime power." March. that of the criminal from force of habit. wrongdoing is especially made clear by means of statistics which allow of observing it collectively. One is justified in supposing that nature alone is responsible for true delinquents. As a consequence it would be astonishing if its conception and explanation of crime were perfectly clear. accepts it after having enerwelcomed it. One can see that it is from having firmly established. 1887." and of discerning the influences which give rise to it. On the other hand the that of the criminal from passion. that of the insane criminal. See the "Revue d' Anthropologic. that of the born criminal. place in the classification of delinquents. also manifestly first. or is is either nothing more than a dream. and to become crystallized into a habit? In the very heart of the school itself some of these come to be formulated. covered by the fifth. Thus there are left only the delinquent from force of habit and the delinquent from opportunity. Ferri's classification. "in abstracto. his second class.^ in turn. Corre admits of many crim- inal types. of having even definitely laid the first course of its conception and explanation of the criminal. It is is in the fight of the natural sciences that the delinquent revealed and explained. but to tell the truth how are we to them with absolute accuracy? Is it not always the opportunity which creates the robber and the murderer as well? distinguish What its habit is there which has not an accidental happening for is underlying principle.^ Finally. and to return to first. . objections have far § 11.

in order. and what If the arbitrary will are its causes? Let us begin with the first. according to this hypothesis. The most honest man in the world of our time. leaving aside "some savage tribes which are degenerate or not capable of development and which represent. as they think. or in more or less arbitrarily attributing to certain acts the character of an offense. into moral was felt by Garofalo. to render wrongful an act in itself the of the legislator sufficed most innocent. But if we scrutinize them closely. of misdeeds than in the production of malefactors. in the human race. but he thought it by his way of defining what he called "the natural It would perhaps be more accurate to say "the essenpitfall The difficulty tial offense. without having contradicted itself to any greater extent. which is always by means which it combines and whose success paves the way for its own. but that the conception of genius. either in giving rise to its opportunities. and not without sometimes putting our credulity to a severe test.70 THE POSITIVIST SCHOOL [§11 force does not always result in the act." and limiting ourselves . but one can have no mis- conception as to the part which society plays in the production of the offense. have been a born criminal in another country and at another period of history. might. The question which we have asked is divisible into two parts: what are the characteristics belonging to the offense. have enhanced their importance still more. How avoid this dogmatism? to overcome offense. So we will not renecessarily aroused of previous inventions or discoveries proach the positivist school with a contradiction which consists in making social causes play a more important part in the production It could. is before everything else a social phenomenon." What inoffensive act is there which has not somewhere been made a crime? and what monstrous act is there which has not somewhere been called innocent or applauded? It is useless while on this subject to repeat the horrors and the exaggerations which travelers and analysts have been pleased to relate to us. and were not connected with an unalterable scheme. an anomaly similar to that of malefactors in the very core of a society. Thus it is that the man of genius is a purely biological phenomenon." without falling into another. to broaden our ideas on the subject of morality. if the variations in criminal legislation were not inclosed in an impassable circle. it would not be worth while to discuss the anomaly of the criminal by birth. from the point of view of absolute relativism so to speak.

by Garofalo. the distinctions and the One See the "Criminologie" and the article published in French. and to serve as a mold for the varied blossoming forth In order to recognize of the most delicate and sublime virtue. ^ Unless. I leave out of consideration the precedents. Others are often added to these. expanded by degrees What are these to the point of taking in the whole of humanity." in the "Revue philosophique. feelings. sacrifice their aged parents. institutions tion." for January. a and the most diverse legisla- deep layer. though necessarily characterized as a crime or an offense by the positive law. a certain minimum of pity and a certain minimum of probity. and whose exceptional violation characterizes the true crime or offense? - is only able to mention two. " this political offense of the family. felt to be directly criminal or wrongful by everybody. Between the political crime ^ and the crime without a name. the feelings in question should be violated in view of their more exalted gratification. at first limited to the group of the family or of the tribe. by reason of filial compassion." ' under . by the cries of his patient. always the same. of moral feelings elaborated during the long night of the previous ages." and theft there is the same difference as exists between the artificial and the real. even beginning with their the superior we of superstitions. never ceases to be apparent." (1890). and relating to Lombroso's last work. the exceptional absence of which characterizes the born malefactor. even through pity. or with such men as Agamemnon and Jephthah. one must observe that the individual equipped with the feelings of which it is made up has always given them vent in favor of those persons alone looked upon by him as his fellow-creatures. who sacrifice their daughters for the salvation of their country. as modesty and patriotism. it is also the case with savages who. if there be an attack on persons the question becomes more complicated.§11] WHAT human races" ^ IS CRIME? see that 71 known origin. between adultery. On political offenses see our study published under this title in the "Revue philosophique. but they may entirely disappear. ' Political purely and simply. "of through the infinite shades and transformations of superficial morality under the sway to a consideration. " II delitto poUtico. and which are the fundamental inheritance of every normal man born into this world. customs. this title: "Delit naturel. the fact that this elementary moral sense has existed from all time and has been common to every people within the broad limits indicated above. This is the case with the surgeon who is unaffected. restricted and that the circle of these. as persistent as they are universal. the author tells us. 1887. and never is their disarrangement.

and not merely an outraged feeling. by means of ignorance or learnof religion ing either primary. mid- of alcoholism or of sobriety. by the influence of temperature in the form either of heat or of cold. dle age. or old age. and education. Vice-Rector of the Academy of Ovideo. of youth. Very are well.72 THE POSITIMST SCHOOL [§11 which lend to this vague generalization an appearance of strictness. which hke all the minds of this century. civil status. or liberal. of profession wheat whether agricultural. criminal statistics. the vital sphere. instruction. intoxicated by the natural sciences the former. all primarily social matters? One can see that Ferri. social class. or the lack of the same. particular contingency to be isolated and figured on. and "factors" of the offense. still new wine is of the in course of fermentation. carried to the point where he confuses the social with the vital to the detriment of However this may be. to the exclusion of our species. animals and plants. and the social sphere? No. the physico-chemical sphere. belief in right and in duty! The most striking thing to be here observed of is the sight of an evolutionist making this desperate effort to attach himself to some fixed point in this unfathomable flood is phenomena and cast anchor exactly in is what the most fluid and evasive thing in the world. the conception of Just as though the conception of crime did not right and of duty. imply as an essential and natural thing that of a right or of a duty violated. feeling. during a given period and in a given State. of climate whether northern or tropical. of poverty 1 The "Nueva ciencia. in its bearing towards criminality in general. physics here signifies cosmology and takes in the whole of the external world. contains a very profound criticism of this theory of the natural ofiFense and a general one of all the ideas put forth by Garofalo. just as though this very feeling were anything but an accumulated and consolidated niceties of the Italians. anthropological. social us seek its causes. Ferri draws a distinction between the physical. or above the average. and ably conceal the omission of that which it excludes of the conclusion come to. Does this distinction correspond in his mind to that of the three concentric spheres of reality. . that to say. of celibacy or marriage. of the harvest whether abundant or insufficient in or in wine.^ The characteristics of crime having thus been specified as let being within the range of possibility. but why place among anthropological factors profes- sion. secondary." by de Aramburu. of country or town residence. aUow the up to a certain point. to which our authors are quite right in attaching great importance. industrial.

memoirs. in default or rather as a complement of statistics. and official acts preserved among the archives are precious traces which should be the subject of research. of different ages. They were concerned with combating the idea of free will. Under these conditions they would allow of the observance of the varied behavior of different European races. which partly explains why the positivist school has refrained from a direct attack on the problems we have just been enunciating. religions and latitudes as plainly as of the varied effect of different callings in each State. . let us suppose. throughout an entire continent such as Europe. and if. books of reasoning. Also. However. or suicides. they would allow of it if they covered the operations of fifteen centuries past. with the same penal code and the same legal institutions operating. In all of this its researches have been lacking in consecutiveness and in definite scheme. legal separations. however. I am expressing myself badly. that proceed with and delicate an analysis. be very unlikely that this effect. and not as now only among provinces. however. which is almost invariable. Among other documents of the past. or among departments. archaeology even better than by upon moral conditions during the times gone by. history properly so called. most frequently. and not merely of some ten years. etc. can be of assistance in their solution light throwing sources or they are unaware of them. being. It has not added very much to what the professional statisticians since Quetelet had taught us as to the proportionate effect. WHAT of IS CRIME? of 73 political or barbarianism or of civilization. they supplied information which would be useful for purposes of comparison among nations.§ 11] of riches. even though positivist school has ascertained by means of statistics as to the number of divorces. so they insisted. When so high I say. is Unfortunately our new criminologists either scorn these ancient it is seldom that a utilitarian an archaeologist and that a naturalist is a scholar. statistics allow us to events. But criminal statistics fall far short of this high state of perfection. inspired by the needs of discussion.^ should statistical manifestation in be absent or without any the matter of offenses. with an extraordinary ^ See the fine monograph on "Divorce" by Bertillon. It is either silent or else disparaging on the effect of religious beliefs. and also of different civil status. the up to now but gleaned a few sparse glimpses from the field where a sheaf of fertile ideas awaits a reaper. it would.

in order to reply to the socialist group. demonstrate that the existing system of statutes and of penalties was in need of reform. they invoked what had resulted therefrom. But this latter theory itself.^ Another inverse relation. who sought to establish by figures the relation of poverty to crime and thus to lay the blame on the social condition. and especially "Sociologia criminale." between suicide and homicide. as has the geographical location of the former in the South and of the latter in the North. of the "physical factors" in general. as well as a pamphlet of Colajanni' s on "Criminalite sicilienne." by Batagglia.^ they were compelled to show that on the contrary the increase of well-being is parallel to that of delictuosity.74 partiality." . Poletti thought he had discovered a fixed. has not removed nality against persons many of the objections. A few essays which were partially generalizations have appeared. and the "Dinamica del delitto. See "AlcooUsmo" and also "Socialismo. woundings." especially the chapter entitled "Be- nessere e criminalita." 2 See Ferri's "Socialismo e criminalita." by Colajanni. whatever they may be. was that which Morselli perceived. gotten up by Lacassagne. a quasi-mathematical relationship between the rapid increase of wealth. which made quite a stir. On the other hand. of alcoholism. in spite of the lavishness ^ See the pamphlet by Turati with which we were concerned above. an argument. that years when prices are high or harvests are good are especially signahzed by a recrudescence of offenses against morality. of cheating. which was a contradiction of the principle of the school that penalties." January. in order to and murders. if not of crimes of blood. 1886. whence he deduced the optimistic paradox that the absolute increase of our criminality is the equivalent of its relative repression." ^ See the "Revue philosophique. but they have had but a short-lived success. they triumphantly computed the increase. This singular theorem was not very well received in France and Italy. of a good or bad harvest. in his fine work entitled "Suicidio. are the least eflScacious of the causes which serve to counterbalance delictual tendencies. of productive activity.- Or again. truly alarming. but the crimi- inverse relationship established by some authors between and criminality against property has met with contradictions. to be candid. THE POSITIVIST SCHOOL [§11 upon the criminal eflBcacy of heat or cold. of destructive activity. and the slower increase of criminality. The ingenious calendar of criminality. of assaults. at least of cunning offenses. and of corruption during the last half century which had passed under the sway of these institutions.

This is what Ferri terms the law of criminal saturation. 1898. Thus.§ 12] WHAT IS THE REMEDY? 75 been able to of the statistical tables invoked in its behalf. the climate. and where demolitions are piling up. but what is for each State that degree of criminality which The answer suflSces and is necessary in order to saturate a society. has not withstand the blows of criticism. they say. is what the law omits to So the law it is only a picturesque and above. a fixed amount and a fixed nature of criminality exactly corresponds to this state. (IV) What is the remedy for wrongdoing? Criminal sociology. "are of more value than severity of punishment in the lessening of the number of blows and wounds. "Just as oidium and phylloxera. It particular expression of the parent idea of determinism in general. may of Deputies in May. by a metaphor borrowed from chemistry. of sentencing. We did not even think necessary to refer to it does not any the less follow that. even industrial. § 12. But first it behooves us to listen to them for a moment on this subject. professor and lecturer. moral. this tell us. where constructions struggle with one another." Before going over them it is worth while noticing that the extreme ardor with which our authors labor to make prevalent the methods of examination." says Ferri. which are set forth in the "Nuovi Orizzonti" and the " Criminologie. . and social relations of all kinds being such as they are." the latter under these circumstances appreciating the advantage of being fed at the expense of the State. while in * Ferri. legislator. on the question with which school is we are concerned. commerce. be opposed on this point to Ferri. the seasons. so want is more efficacious than the best locks and dogs let loose in the prison yard in preventing the escape of prisoners. both judicial and penitential. political. and of administering punishment. In a given physical and social state. among all the favorable or contrary influences the meeting of which determines the number of offenses of each period. where plans abound. with their theory of the almost utter uselessness of punishment.^ is hard to reconcile. as an effect corresponds to its cause. legislative. or finally. or is a whole vast programme of reforms. the new a pretty tumultuous workshop. in his speeches in the Chamber on the proposed reforms of the Penal Code. the harvests. the leniency or the severity of the punish- ments represents an almost insignificant value. which are dear to them. For this same reason. in them.

repressive measures have become more severe. adds In Rome the excessive this same writer." Smuggling has been terribly punished for centuries. if escaping justice and of being acquitted!" It is. experienced by magistrates and and better realized by them. who had no wish to have themselves driven from the house where they found the means of support. In reality "a little uncertainty takes away far more from the fear of suffering than an uncertainty even though great does from the attraction Furthermore." . which is ever becoming better known. torical a magistrate. for at least fifty years. Repression is. more and more ^ See his "Incremento del delitto in Italia. the customs tariffs having been lowered. from thirty-two per cent in 1826-1830 to six per cent in 1877-1881. one saw committed by servants. it is rapidly declining. Under Sixtus V. on the contrary. but it has continued to flourish. In Italy and even in England it has been the same. makes some reservations Lombroso ^ cites hisexamples of vigorous repressive measures cro^Tied with suc- cess. the atrocity of the tortures of the Middle Ages did not prevent a superabundance of crimes to such a point that truces had to be established limiting the ability to commit crime to certain days of the week. by death or cutting off the hand. the guilty have so many chances of of pleasure. The efficacy of punishments. phenomenon of judicial adaptability as inevitable as it is unconscious. The tigers and the lions of the amphitheatre did not hold back the propagation of the Christian faith. Now. in criminality in France. because. It is not to a weakening of repressive measures that the increase of thefts considerably increased in a decrease in the number of thefts is to be imputed. however. Garofalo. to avoid acquittals. because the gain which it aspired to has lost much of its attraction. penalties inflicted on the celibate did not check the progress of depopulation. who . has been exaggerated.76 1847 all sorts THE POSITIVIST SCHOOL [§12 number.^ "The discerning husband relies on anything but the Code provisions against adultery in order to preserve the fidelity of his wife. fact. this proportion has decreased by degrees. weakening from day to day. only far as do not go as is fair to add that all Ferri's co-religionists he does in this same direction. is amply sufficient to account There is in all this a for this gradual lowering of the proportion of acquittals. in reality. one is to judge by the proportion of In acquittals. and to adapt themselves ^ better to the ever increasing weakness of the judges and even of the criminal judges. more than a thousand executions in five years stamped out brigandage for the time being in the Romagna. Ferri forgets to notice that the desire.

It is undeniable that the true and sovereign remedy against its causes. drove out of Calabria. there is practically nothing left to do but to cross one's arms in the face of the advancing flood. it one penalty. for. in the past at least. the most active causes must necessarily be those depending on man. See as regards this " En Corse. after this. and that is the death penalty. and to its legitimacy at is There of inefficacious curious to observe. This is just what has happened. had decreased by four-fifths the number of assassinations under the Second Empire. the jury of honor. as our new school criminologists pretend. if care had been taken to study them in their entirety. over which the will has practically no control.§ 12] WHAT IS THE REMEDY ? 77 it the Austrians in 1849. season. and again only upon a portion of these. individual idiosyncracies. in Corsica. and "Criminalite en Corse. preponderate. setts. as we have seen. On this subject he relies on the statistics of Massachuthe result of which shows that from 1865 to 1878 the number of divorcea increased from three hundred and thirty-seven to five himdred and sixty-two." by Labroquere. But they all bear witness to its great usefulness." by Paul Bourde. one hundred and ninety-five to one hundred and thirty-six. at all events. whose favorite argument all times. against duelling. It is it is. divorce. . "Reforme penitentiare et penale." Ferri gives us nothing save a bare sketch. that the paradox punishment was originally put into circulation by the opponents of the death penalty. such as the forbidding of the carrying of weapons which. whose eflBcacy the majority of our authors recognize and even proclaim. From the offense would be the elimination of such premises none but a vague and insuflScient conclusion could arise. race. Now. while the number of adulteries (in which there was a prosecution) decreased from against adultery. When he wants to unroll measures which he calls " substitutes for punishment." by Bournet. if "physical and anthropological factors" such as climate. Again. But I would like very much to know whether the divorces in question were not in a great measure decreed or sought for on the ground of adultery. more recently the law of Pica has checked at Naples. Ferri could have chosen examples less liable to be contested. they are not unanimous in upholding the expediency of its being kept at the present time.* the first conception of which is the only thing worth retainthe list of his great preventive ^ Against infanticide he suggests the re-establishment of turning boxes and of the right to investigate the child's paternity. by means of an equal severity. the school has very much neglected going into these and nowhere does it lay before us a methodical table of them which is detailed and complete. We cannot really accomplish anything except by acting upon social causes. Ferri thinks it inopportune today. Advocate-General at Bordeaux. However.

during the last two centuries. that other very ancient discovery. whence comes the surface. religions and State institutions. such and such a branch of the tree of wrongdoing. 1 Emile Bournouf. It is quite possible. for want of a grasp of the great ones.78 ing. having been affected in its very sap." October 15. . and like the rain and the sunshine it escapes man's power. as forgery. Thus the discovery of this precious tonic has been a splendid antidote for wine. are of a kind to make us think that if such and such a discovery or invention still in the limbo had just blossomed forth. The invention of railways steam applied to navigation has caused piracy to disappear. that the gradual disappearance of drunkenness among the upper classes among European nations. was brought about among them by the spread of the custom of coffee drinking since cially the the time of Louis XIV. when we want to explain beliefs and customs. of discoveries. which it would be easy to multiply. Recently they even came into the streets of Smyrna. THE POSIXrVIST SCHOOL that [ §12 is to ask for reform in laws and civil institutions. and their kernel. cause brigandage to disappear wherever they may In Anatolia. espestemming of the tide of criminality. But as a matter of fact laws and institutions are but the outer skin of society. actually in bloom. But this sovereign specific is a secret which the future of future generations holds. Let us therefore quickly run over the legislative reforms which are One kind has to in contemplation. just as to the feelings and the primitive needs of the organism. as Ferri somewhere insinuates. arson or theft. and of inventions to which we always have to revert. pillaging shops and holding the merchants for ransom. and it escapes our will. article on "La France dans le Levant" ("Revue des Deux Mondes. do with criminal procedure and justice. according to a traveler. the entire territory "lives almost without interruption in terror of assassins and of plunderers. 1887).^ excepting in penetrate. and which are of two kinds. is composed of a sheaf of ingenious ideas. This remark may even become the subject of generalization. That is why as a matter of fact we have to fall back on the small means at our disposal." These examples. Unfortunately genius is not made to order. and has restrained in a great measure the abundant source of offenses which the latter had given rise to. the other bears on the system of punishment and the course to be pursued in penitentiary The first arise from this idea. which is a perfectly institutions. would begin to wither. the parts traversed by the railways.

the verdict of insufficient proof. who should especially shine by reason of the talent of observation. important to substitute in matters relating which is a far broader and higher one. notwithstanding. the taste for syllogism and quibble would lead astray the judgment of the latter. it would be a good thing to add this third one. to the requirements of two such diverse occupations. Consequently an assemblage of aptitudes and of special enlightenments. this that the jury. of the amount of But we are here pointing out the impassioned attacks imposed upon education and ex- new school directed against the jury merely that they may be borne in mind. If. quite distinct from the qualities which go to make up a good judge in civil matters. why then should not something of a similar nature be permissible in the case of judgments? The Austrian and the German Codes have already recognized that society has. To the two verdicts of acand of conviction with or without extenuating circumstances. the decree of no ground for prosecution until further charges are brought is perleast we must quittal fectly permissible. of a love of facts. In a great number of cases it would permit the jury better to express the real truth of what they think and to avoid the scandal of an exoneration pure and simple. on principle. is "which is is to the magistracy fit what the national guard It is to the army. that to crime the point of view of sociology. we are determined to preserve this detest- able institution." Garofalo has spent a great deal of time on a reform which pre- . at try to ameliorate it. We must also find a remedy for the abuse of recourse to appeals by reason of formal defects and the equal abuse of special and general pardons. should be demanded of the magistrate called upon to pass judgment on crimes and on offenses. a right to a revision of criminal trials when new proofs are brought to light. a keenness of vision. the scholarly or lawstudent's training which would be expedient for the former w^ould not be expedient for the latter. "those jubilees of crime. the habits of mind peculiar to the former." not for the task lacking in the requisite perience. It also follows from it. analogous to the "non liquet" of the Romans. and it is a very great error to make use of the same personnel of fill judges turn and turn about and without any distinction. Furthermore. born of the Anglo-mania of the last century. they are deserving of having a separate examination given to them further on. for the strictly juridical point of view.§ 12J WHAT it is IS THE REMEDY ? 79 justifiable one.

there were substituted a similar discussion wherein scientific arguments alone were admissible. See especially his pamphlet entitled "Riparazione alle vittime del delitto" Bocca. if the State did not first of all Is this not strange? demand the fine which is payable to itself. 2 On this point the classic school agrees with the new school. A medico-legal examination would determine the class to which the condemned should belong. born. moreover. gets the benefit at the expense of those of to it by reason of its negligence." it is the anti-social character of the motive which has driven to murder or When it has been proved that the motives of to assassination. this reparation of the wrong should be required by the Public Prosecutor before any other penalty is imposed. There should no longer be any question of moral who are entitled to reproach responsibility. and where the part played by the expert would come to preponderate. The State benefits by offenses which it was and it wrong in not preventing." by Bernardino Alimena (fratelli Bocca. The expert should furthermore be chosen from an oflBcial list. Ferri attributes this assumed competence of the first comer in cases of diseases of the brain to the influence of spiritualist ideas.). such as already exist in Germany. 1 (fratelli . the thief is not entirely insolvent. " Premeditazione. A theft is committed. It would be of very great advantage if or accidental criminals. 1887). which. and in difficult cases recourse could be had to the luminaries of a great college of experts. realizes its unfitness to pass upon the conclusions drawn by a doctor-lawyer. habitual. Whether it be before magistrates or before juries. 1887)." by HoUzendorff (chap. If it is a case of homicide. Between the Public Prosecutor and his adversary. some delictual act are anti-social. See on this See also the subject "La Peine de mort. and we would no longer see a jury. and Russia. the only difficulty which remains to be solved is whether the guilty man ought to be placed in the category of insane. believing itself bound to solve the most arduous problems of morbid psychology entirely alone. acquittal should no longer be pleaded for. and the person who has been robbed could be compensated. 22 et seq. Austria. for a tilt on common grounds of oratory. it is not premeditation which ought to be the circumstance of aggravation.^ victim of an offense should no longer be obliged to go to the expense ing himself a party to a of the offender to civil mak- action in order to obtain a sentencing pay damages.80 THE POSITIVIST SCHOOL The of [§ 12 sents the characteristics of a high form of justice. the nature the argument between the prosecution and the defense ought be changed.

the question arises it is is right to apply the death penalty in their case. Eugene Mouton. cold douches would be useful processes as to whether Its legitimacy according to absolutely modern and scientific ideas. though often not very dangerous.Electric shocks. especially by Kraepelin in Germany. to pay by means of their work the expenses of their maintenance and the damages sustained by their victim." does not categorically pronounce himself as opposed 2 (1887). . acts characterized as criminal in their sani- As to born criminals. to this method of punishment. The foremost among them consists in the creation of criminal refuges. the 1 system of placing them in cells is effective. in prison. need measures. but In England. no more doubted by anyone in the positivist camp than is its illegitimacy in the opposed camp. and lastly. For them.§ 12] WHAT now take up IS THE REMEDY ? 81 Let us penitential reforms. of a duration which is not determined upon in advance and which varies according to the conduct of the condemned while in prison. madmen acquitted as such. Gaillon. but an im- perfect one. in France. in his "Principes du Droit. a kind of prison- asylums benefit where madmen would be incarcerated who should by a decree of no ground for prosecution by reason of their ^ madness. Ferri would seem almost to approve of corporal punishment to a certain extent. convicts showing in prison sure signs of mental alienation. of this species of establishments. severe repressive Wrong- doers from force of habit. incorrigibles. ordinary insane people who have committed tariums. In France a former magistrate." had the temerity to point out that the bastinado and flogging are in use today even among people who are our contemporaries in civilization. Bedlam. in the "Devoir de punir." by way of a delicate allusion to the spankings which good mothers give their undisciplined children. Garofalo has always championed the penalty of indefinite terms of imprisonment. geometrical progression according to the of the offense. We will come back to this subject in a special chapter. as for the preceding class of prisoners. The penalty should increase in number of the recurrences agreed in condemning the futility Everybody is of short sentences applied to recidivists. that which Roncati calls the "maternal system. Delinquents because of opportunity should be compelled. In what concerns individuals judged to be dangerous. can give us an idea. For that matter this idea has been advocated by other authors. But a number of our writers believe that under normal conditions the exercise of the right of society to eliminate the obstacle in the path of social ends is useless and may advantageously be replaced by deportation. Beaussire.

he predicts that before very long the need of a thorough revision based upon the same inspiring studies will be felt even in the civil law. there to inflict any punishment on of the injury occasioned no occasion reparation them other than the strict by their offense. statistics. He shows the penal law henceforth being reconstructed with the data furnished by psychology. As no punishment is has any effect on offenders by reason of passion. In the final chapter of his book. and which we have been reviewing according to his method and that of his school. among the other social sciences.82 THE POSITIVIST SCHOOL [§12 the Irish system of repression by means of estabhshments divided into large classes of prisoners is still better. anthropology. which he has just sketched. and . Ferri places Criminal Sociology.

. Identity makes and unmakes itself. sociable and unsociable. §§ 17-20. The hypothesis of "myself" much deeper than the monads. vendetta. Extradition treaties. The teleological syllogism. (I) Family solidarity of primitive times. Survivals of these past times. The "force-ideas" of Fouillee. responsibility made to depend on free will adjudged to be in actual existence is ruined at its very base by the progress of scientific determinism. (Ill) Comparison with the collective responsibility of a nation. similarity. and in several ways. reprisals. of blame or of approImportance of defining the bounds of a society. Moral responsibility founded on personal identity and (II) social simi- Conditions of the affections. §§ 27-31. it has its degrees. The psychological conditions of personal identity are generally also those of social similarity. (II) Unanimous judgments (Ill) bation. What must be understood by personal identity. As we have seen. Social subjectivism. necessity of this conformism. but warlike proceedings. (Ill) The State is to the nation what the "myself " is to the brain. permanence of the individual. (II) A difference in spite of analogies. The moral sense. §§ 21-26. Our theory agrees with the historical one of responsibility.? The individuality of the individual made clearer by the individuality of the organism and especially by that of the State. responsibility made to depend on free will looked upon as an ideal to be realized is nothing more than an illusion. This limit is always extended. Logical and teleological co-ordination. (I) Identity. Its numerous analogies to individual responsibility. (IV) Review and completion. Preliminary remarks. (I) It has nothing to do with physical similarities nor even with every kind of physiological The ideal of perfect responsibility. not the domestic tribunals of a former era. Preliminary remarks. §§ 14-16. the identity of the identity of the State. reforms which should be introduced therein. (I) larity.CHAPTER III THE THEORY OF RESPONSIBILITY § 13. similar conceptions. What is the individual. (IV) Foundations of the limitation of criminal prosecutions. objective and subjective beliefs. What is the result of the preceding chapters? A conclusion which does not appear to be very encouraging. What must be understood by social similarity. (II) Royal justice took for its model. § 13. malefactors everywhere treated as enemies. The immortal soul and eternal cities. (Ill) Expiatory character of punishment: individual transition. their sociological significance. Good and evil. opposition to this point of view as between the desire to produce and the desire to consume. The duty of believ- ing or of not beheving. (V) Civil responsibility.

and which is no superstition in process of receding before the advance of civilization. From all time a being has been adjudged to be responsible for an act when it was thought that he and no one else was the author. is to oppose to them some theory which has in it nothing scholastic. by the more rigorous of the utilitarians. Does it follow from all this that it is impossible to find a rational foundation for an idea which is plainly visible to all of humanity. through his freedom of choice. when consulted by justice on the point of responsibility." would have had not one of the characteristics of a necessity? Never has human common sense entered into such subtilties. if one closely scrutinizes what men in fact have always meant when they say that in their opinion one of themselves is responsible. whether an accused is responsible in the classical interpretation of the word. through his voluntary decision. Just as soon as free will shall be a truth and not a hypothesis. with causality and identity and not with freedom. of this very The problem solved by means of this judgment is one dealing act. previous to this decision born "ex nihilo. and from this arise acquittals as scandalous as they are logical. spreading as civilization We do not believe so. of . Our utilitarians have indeed felt this danger and they have endeavored But they have not been successful in doing so. of the obligation which they believe to be imposed upon reason them after having denied the existence of free will. made necessary a mere possibility which. while name is refused and justly so. The best means. but which evolves itself and ought to formulate itself. the fact alone that its existence is denied almost universally by the learned men of our time and an ever increasing proportion of educated people should make us feel the urgency of seeking elsewhere for the support In fact. but an exact conception. and as a matter of fact does more and more reply in the negative. be it understood. By to avert it. the willing and conscious author. Have they thought that he was responsible for some action because in carrying it out he. which enlightens every man coming into the social world. increases and expands? we look at it. name.84 THE THEORY OF RESPONSIBILITY responsibility based [§ 13 and on social utility to the exclusion of every- thing else has nothing in common with responsibility as understood its in the preceding senses except its it. either civilly or criminally. by which to combat or to acquire control over the as various theories hereinbefore set forth. of defining responsibility as being a thing apart from any idea of morality. the medico-legal expert ought always to reply.

after which we shall endeavor to show that it is in accord with the historical evolution of responsibility and enables us for the first time to establish a connection.§ 14] MORAL RESPONSIBILITY is 85 that to say of decapitating justify this and destroying it. in the opinion of everybody and without any restriction. and the new positivist conception. at a time when the idea of the unlimited and absolute If being guilty of an act means guilt of the sinner was the rule. "could no is for the illnesses . will. It is just because of this slim connection between the two problems that the conception of free will came into existence. and it must logically have come into existence. beyond which it is impossible for us to go back along the chain of the series of causes. so often advanced by the partisans of free having been destroyed. primarily being the cause of the same. that we cannot hope to see broken up this association of ideas entirely opposed to morality. In fact it came into existence. they appear to pretension. it follows that being guilty of it absolutely and without limit." Declarations as radical as the above were made during the Congress of Rome amid general applause. ^ "Man. which has a tendency to triumph. a The problem of responsibility is sophical search for causes and he more be morally responsible for his acts than he brings with him at birth or which he has contracted during the course of his life. as long as we limit ourselves to the undermining of the pretended foundation of the latter without having carved out or unearthed some new foundation on which to rest it. our way of looking at the matter. in a theoretical way. and so eloquently propagated and supported by the noblest minds. but a very arduous one. (I) Moral responsibility founded on personal identity and social similarity." says Dally. and for the first time to avoid any hiatus between the older conception. the free cause. in other words. to the study of the facts relative to man hving in society. that. is connected with the philobut an application of the latter.^ § 14. as is necessary in order to justify the notion of eternal damnation. Liberty used in this sense is an "ex nihilo" creative power. their principle the ground. The importance of and the opportunity for this attempt should be an excuse for its very boldness. which is fading out. must indeed mean being its absolute and first cause. morality falls to There is in this a prejudice so dear to the spiritual conscience. So we are going to take the liberty of outlining in the following pages.

86 THE THEORY OF RESPONSIBILITY The free [§ 14 divine attribute conferred upon man. and whether there is no true cause excepting the first cause which is hypothetical and imper- The question is to find out whether. a secondary causality. would unquestionably be to contradict oneself. Is is no more? but deeply imbedded belief in the contingency of the that we refuse to account to ourselves for the actual fact. For in truth sity is the universal rule. unknown to themselves. intersection of this double infinity. the "myself" has lost all right to be called a cause. But if. but inevitably. by means . The question is to know finally whether. and streams This is force have converged in my direction. as well as in the past. and that we insist upon explaining it. he is in reality a little god opposed to a great one. emanates from me. and at the same time to judge him to be deserving of punish- ments without end for having placed an obstacle in the path of the will of God. is that my true cause not yet. a causality itself relative and limited. the only question is one of a relative and limited liability similar to every real and positive thing. future. it will not time the inevitable flowing together of so far as to say that many evolutions in the past. will suffice. so to speak. which it not and because of a remnant in the future. Consequently liberty becomes a useless postulate. we must go so into the infinite an immense fan of causal evolutions. necessity exist? it from the point of view because I must of all exist Am I any the I less myself because from exist. this privilege of suspending the divine laws by means of a sort of incomprehensible veto. its internal determinism. henceforth left out of the discussion. is why could you not say. by means of its later phases. time has been ordained that should because billions and of billions of chains of causes. To refuse to man this creative power. say that I since the world has been in existence? even suffice to have been from all not all. is agent resists and able to check God. extending I am the point of future. I am the focal point of this if neces- double convergence. because of an entirely subjective of unconscious. the existing phase of an evolution. instead of being founded upon the supposed indeterminateness of the act. always insufficiently. which illusion. We have arrived at that point. determination. instead of an absolute and unlimited liability. responsibility will not be conditioned upon the special nature of its very ceptible. in order to be simply a stitch of the tissue bound about by phenomena and woven by necessity. it Let us suppose that we are looking at Do I any the less of the determinist. rivers.

has merely asked itself." If one only thinks of speaking of one's ancestors. by circumscribing the more or less narrow circle of reality judged to practical meaning. it has never here asked — — — itself. one brain for another. and at a time still more remote. an organ- ism is transformed. in various ways according to the period of time. "it his sons. is within this individual. and is reduced to the faculty of remembering. within We it is say when we see which the cause should be found inclosed. a "myself" is altered. of a certain kind. we must recognize the fact that there is nothing more obscure than the idea of a cause and the relation of causality. but as long as the family. a "soul" is modified. we would rather have said. Thus. what is the cause. who are acting through him. by virtue of the laws of heredity. his social descendants. I must exist forever. and I will not truly be I am. when the individual was bound to his family as the member is to the body. his ancestors acting through him. for this progress continues. But human consciousness is not engaged in this debate. Now. his future imitators. in this soul that the cause of this homicide lies. and if the question had to remain unsolved until they had reached some agreement thereon. or the person endures. it is because man's imperfect intelligence is in general deprived of the faculty of seeing into the unless it be with reference to astronomical phenomena future. and the critical philosophers. attenuated but not destroyed. if he is to have none. A it in this brain. gives us the right to look upon these circles of . Hume and Kant. it is because one knows only them. However. one "myself" for another. one might look upon it as impossible of solution. The essential thing is not to mistake one family for another. the transformations taking place in them are variations upon a theme which remains more or less identical and whose identity. an assassin who has just committed a crime. / must always have existed." than there would be to is say. let us now add. the body. A family changes during the course of time and is renewed. his grandsons. the positivists. it is within this family. if I am and as long as I am. or. one individual for another.'' it Taking this word in its most obvious and It is the cause. where be indivisible. few centuries ago we would have said in a more vague way. scarcely agree on this subject. one soul. it is but a farce to seek any cause for my acts other than myself.'' has replied.§ 14] MORAL RESPONSIBILITY 87 of its previous phases? man who "it is There is no more reason for saying of a resembles his ancestors. nothing has given rise to more discussion among the philosophers.

of imitative origin. would inspire within me. when one scrutinizes a person very closely. easy enough to say at a certain moment of time. however. we must add to it that of social similarity. individual to be responsible for a criminal action committed a year. and the degrees of identity have escaped their vigilance. to what extent that person has remained the same as at a previous date. Moralists have expended treasures of analysis as a loss simply. the same cause or very nearly the same. that is to say. very moment when they have . and it is only in combining these two notions that we can find the In order for me to judge an plausible solution of the problem. yet I would not have the same feeling of moral indignation and of virtuous hatred as a similar act carried out by one European on another. for though I might have identical author of this action? brought the same judgment of identity to bear in the case of a murder committed on a European by a savage of a newly discovered isle. in setting up the scale of the degrees of hberty. This condition is not fulfilled when the incriminating act emanates from someone who is insane. Therefore one indispensable condition for the arousing of the feeling of moral and penal responsibility is that the perpetrator and the victim of a deed should be and should feel themselves to be more or less fellow-countrymen from a social standpoint. that they should present a sufficient number of resemblances. or even from one addicted to alcoholism in certain cases. is it enough for me to believe that he is the No. as we shall see. or from an epileptic at the moment he is seized with a paroxysm. rather than upon liberty which is a latent force. at the of which they are reputed to be members. firm in every other respect. Is that as much as to say that the idea of individual identity alone is sufficient? No. of social. the feeling of responsibility acted. be it so. which we have of our identity. but at least we ought free agent. but no one can say just to what extent that person was a Let us admit free will. to recognize the fact that there is a most incontestable practical advantage in making responsibility rest upon identity which is a patent fact. or by one islander on another. This have not sort of people. belonged to the society But when the two conditions pointed out above are met with and are together developed to a high degree. Psychologists have attached far too great an importance to the feeling which we have of our hberty and not enough to the feeling.88 reality as THE THEORY OF RESPONSIBH^ITY [§ 14 always inclosing the cause of an act previously com- mitted. It is. ten years ago.

the Romans. In China." Simon tells us. The psychological conditions of personal identity are generally also those of social similarity. bursts forth with remarkable strength. born irascible and debauched. in his normal state of being when he cries out and vociferates. that he should in nowise have departed from his normal state of being. is well developed. and unsociable opposition to this point of view as between the desire to produce and the desire to consume. the English. But is not a man. or the homogeneity of society.^ Nothing can better picture for us the family spirit in the Far East than this characteristic. I have seen. objective and subsociable jective beliefs. such as the ancient Egyptians. the assimilation of individuals to one another. on the other hand. ^ ^ him irresponsibil- he is not absolutely responsible except when his normal state. "the guilty man. "Chinese convicts themselves hold out their legs for the irons which were to be placed upon them. So that we find old scoundrels who." he adds. the Chinese. . in spite of what has been said as to the want of integrity of this nation. one can see that fellow-citizens in their mutual relations feel that they have a grave responsibility as far as their faults and their obligations are concerned. Let us endeavor to ascertain what constitutes the fulness of moral responsibility. "Cite chinoise. there exists in ity. being the shame of their family. First of all it is essential that the agent while acting should have been possessed of all his habitual and characteristic faculties. ." Here the penalty is essentially of an expiatory nature and nevertheless presents.§ 15] IDEAL OF PERFECT RESPONSIBILITY 89 Among every people." § 15.^ "is convinced before being sentenced." More than this. a great and profound social utility. are willing to serve as substitutes on the scaffold in order that they may rehabilitate themselves in the eyes of their relations. Conditions of the affections. but at the same time. the law of the Central Empire in certain cases authorizes the substitution by one for another to undergo the penalty of death. "all this assumes a conception of justice [in the dealings with one another of the Chinese] carried to an extreme of power. So it becomes necessary to fill out our definition. for example. precisely because of this character. wherever. (II) The ideal of perfect responsibility. and when he is a prey to voluptuous transports? Undoubtedly. If the normal state of a man is in no way similar to the normal state of the majority of his associates. on the one hand. and where. faith in the identity of the person is pushed even to the dogma of the immortal soul.

having the same religious dogmas or the same scientific truths as their object. realize on the contrary the most absolute unanimity. assert themselves with energy and at one and the same time to the extent of several millions. proportion of the irascible. and states which are only compatible or incompatible with the time a kind of association peculiar to some period Most assuredly there are very few or to some country will last. But we do not see. Now from this point of view we can distinguish the psychological states of various individuals under two great headings: states because of which he has acted. I moderate states as relating to desires or needs to be or as relating to subjective beliefs called self-respect. and. W^e see burning convictions. the gamblers. we are quite right in advancing the proposition that violent association. but just the opposite. The more appetites resemble one another. are not. the social tie is relaxed or is broken. this group of fanaticisms is always the most tenacious of unions. into itself. and that if a great society supports them. However. states which are. the envious. are essentially incapable of associa- and not capable of generalization without prejudice to the common interest. unless a society is in jeopardy. and the vindictive gets beyond a certain limit. that is to say pursue the same victions .90 THE THEORY OF RESPONSIBILITY [§15 is as similar as possible to the average state in question. the excessive drinkers. a general thing. it When is to absorb and to merge them. the most excessive states. or. appetites unbridled therein more rapidly than activities are extended. as tion. states. and the strength of the military or national tie feels not the slightest effect. let loose together and alike. We see warlike or peaceful activities. fulfilled. the politicians. thin-sown. which are susceptible and states which are not susceptible of lasting a division which admits of this subdivision. on a battlefield or in an industrial market. and with great violence. in Europe or in America. and pride and absurd self-confidence dilate more rapidly than con- and knowledge are strengthened therein. the refer to Moderate states alone are habitually capable of association. For as regards desires and needs of production. if they are aflBrmative or negative in the same sense. if they succeed in becoming general. states whose compatibility or incompatibility absolutely corresponds with the stability of any imaginable society. compatible with the time some sort of an association lasts. and similarly as regards objective beliefs called dogmas or knowledge.

as they are natural to him. the more do they confirm one another. and the more they mean the same It follows that a thing. or. and the more they agree or are capable of agreement. of great needs of concerted action and of little needs of private pleasures. called a hallucination. or to a satisfaction which is intense and out of proportion. the delusion of greatness. these eccentricities which set him apart. . or as soon as a disordered and irresistible passion drives this same man either to some strange occupation or one contrary to every trade. In the one case as in the other he is morally irresponsible. The conditions of personal identity are generally also those of social similarity. and in the case of a man who is sociable. again.§ 15] IDEAL OF PERFECT RESPONSIBILITY 91 prey to devour. civilized for so many centuries. which they call certitudes. a man who is not born sociable is an abnormal l^eing. and the more thej^ conflict. social state which is excellent and truly stable is at all times and in all places made up of strong convictions which are aUke and of feeble prides which are unlike. History proclaims this truth. the more similar in nature are beliefs. If he was born with a temperament which led him into these extravagances. he disassimilates himself at the same time as he alienates himself. and as a consequence gives himself up to the delusion of persecutions. that is to say they pursue the attainment of the same goal. At the point at which our races. and the illusions which our century may choose to create for itself on this point will not prevail against it. each one believing itself superior to others in the more they contradict one another. or to any other aberration of a similar kind. it is true that one cannot say that he alienated himself or disassimilated himself by giving way to them. and contrary to the social and legitimate pleasures of others. from that very moment this same man ceases to belong to his society. just as soon as a man is one day seized with a conviction. with a confidence in himself out of proportion to that which conforms to the social life of his surroundings. the more similar to one another are activities. have arrived. Therefore. just same relation. a condition not marked with the stamp of society is an abnormal state. but because of them he is born outside of the association of his fellow human beings. The more aUke different sorts of self-esteem are in their nature. which is not shared with other men and which he can never make them share. the as soon as a man is suddenly filled with a swelling of unusual conceit. because it is contradictory to their beliefs.

among all the nervous exciting causes and all the muscular contractions of our past. together have more influence over one another. it who. personal identity is nothing but this preservation and this accumulation. this consequence and this development resulting from experience. in acting in a Christian manner. The solidity. because of tradi1 Social assimilation is constitutes the latter. it is the " my self s" alone which mutually serve one another as examples to be imitated or not to be imitated. that which is called the "myself. persons associated far as the surroundings are concerned. one of them a Christian at heart and in his faith. or to put it better the soul — well suits a thing so obscure there is like a sky in which but a single star. but of " myself s. The a vague and vast name which mind. for the imitation of others thus bears a relation to the aptitude for the imitation of oneself.92 THE THEORY OF RESPONSIBILITY [§15 although the latter assumes the effect of surroundings upon the person. the personality of his character are to be measured by the extent to which surrounding actions have influenced him. yet a star ever wandering as its caprice may dictate and changing its color. who more completely realizes the "conscium" and the "compos sui"? Assuredly the former." It is the " myself s" alone which are bound together by social and legal ties. but with the former. puts more of his own personality into his acts. tenuous and continuous. this contagion Now which one of the two is has been far more profound than with the latter." ety is a collection not of organisms exactly. which are the ones which bear the imprint of the identical person to the highest degree? They are the ideas upon which our attention has successively been brought to bear. of our many colored attentions and volitions whose On the other hand a sociinexhaustible ball is the "myself. are better able to exchange with one another their best ways of doing things or of thinking.^ But among all the ideas and all the actions. We and the influence of their surroundings. they are the actions which each in turn have been the object of our will. in other words with the accuracy of memory. Both of them are this because of imitation of others. tion . and the former a relative independence of the person as In fact. nor even of souls. it is the " my self s" alone which are able and so large — is — it so far from being contrary to individual identity that have two Christians. the more each one of them is influenced by the recollec- tion of himself through their own previous experiences which they have preserved and accumulated." Again one can say that the soul is an inextricable and vast labyrinth in which is unrolled the thread. only so far as external habits and practices are concerned. that is to say from The aptitude recollections properly so called and from habits. the other.

foundation of individual identity." as has been very well of a civil court said. they feel themselves. A comparison which is not a comparison merely will make the preceding statements more readily understood. (DI) Comparison with the collective responsibility of a nation. and there is more true immorality brought into play in certain proceedings wherein the cynical bad faith of a litigant in full possession of his faculties often is displayed than in the majority of the cases of petty larceny or of small cases of blows and woundings wherein is seen the effect of a passing misconduct. a people are the faithful guardians of their beliefs and China for example. ^ and though they may exclaim. Here the equivalent of memory and habit. is tradition and custom. because of the effect responsible for his actions. their ancestors. it is § 16.§ 16] COLLECTIVE RESPONSIBILITY make their wills 93 to contract. That which jurists call "fraud" is a sort of "civil criminality.^ So in proportion as the increasing complexity of civilized life develops and facilitates the action of that "mechanism of attention. of a civilization which not his. however." but from a corner of his brain which has revolted. it follows that the rean act shall be so much the more absolute as it shall have been the more voluntarily and attentively deliberated upon. is — — the sitting more disgusting than the sitting of a court dealing with misdemeanors. does the individual become more fully Unless. and the exercise of the this From sponsibility for will. to give. . and which has nothing in common with society. Let us ask ourselves under what conditions the collective reis fully and undeniably brought into play. becomes mad. and the murder he may have committed under these circumstances is no more a crime than is the killing of a Frenchman who has disembarked upon his shores in the eyes of some savage who is an absolute stranger to our form of society. and for these two reasons. even after the lapse of centuries to admit as much — though perhaps they are unwilling — responsible for the decisions and the acts of in reality they the experience of every magistrate. foundation of sponsibility of a nation as a nation national identity. When of their customs. emanates not from his "myself. in itself proportion as this double centralization of the soul spreads is and strengthened. to and commit crimes or do virtuous acts as well. Its numerous analogies to individual responsibility. it is too oppressive or too severe for him. he in the latter case his act may in vain be voluntary. I recall it to That is why." so well described by Ribot.

or even upon an agreement made with the leaders of this former State. implies a social similarities in nature tie. Similarly. a collection of which are not organic merely. but assuredly the social transformation which resulted therefrom brought to bear on these treaties an effect at least equally far reaching.'* Yes I believe so. along the entire Mediterranean shore. Is it also necessary that there should be a psychological connection between the former and the later state of the one who makes the claim himself. As a matter of fact. The small Greek republics scattered throughout the entire Archipelago. I do not feel that I am obliged to carry out a promise made to someone who has become insane since my obligation was incurred. When. the States or the individuals judged to be responsible. In Europe the French Revolution itself did not result in any such confusion as the cancellation of every diplomatic treaty previous to 1789 could have brought about. in a way quite different to that in which they were bound by promises. Responsibility. unless it be when it relates to the discharge of a debt the amount of which the guardian of this lunatic. in such a case the law . even though very remote. following a conquest or a revolution. a psychological tie betw^een the former state during which the being adjudged to be responsible acted or contracted and the later state during which he is called upon to answer for his act or to carry out his contract. with the Saracens. it is hardly the time to invoke against another people rights based upon an insult to the flag of its former government which has been overthrown. a people has been thrown into disorder from top to bottom. The Christian Principalities of the Middle Ages believed themselves to be bound by their treaties among themselves. whose name is all that is left of it. I repeat. furthermore. and responsibility implies. China is far from believing itself to have as much responsibility towards a European people as it would have towards Japan or Korea. may be felt in this way.94 never find it THE THEORY OF RESPONSIBILITY surprising that a neighboring people should call [§16 upon the injury caused to the latter by their ancesBut in order that the justice of this claim tors at a remote date. or his heir after his death can collect. showed a noteworthy constancy as regards their reciprocal treaties if it be compared with their relations with even their nearest barbarian neighbors. even though of recent date. between the great and the small. the State making the claim must present them to make good a civilization analogous to that of the State which is called upon.

Christian Spain. a neighbor of the Israelites. that I justified the bad faith or the barbarity of civilized people which are so frequent in their relations with the races thought to be inferior. external assimilation. and. internal variation has for its cause the too hospitable reception given to the imitation of neighbors. as yet to have duties towards himself. in lunatic asylums. I protest with all my heart against such an interpretation. and not as it ought to be. In such a case there might occur a series of wars and of massacres between these heterogeneous societies. for. feel dies and who add that neither do I myself bound to discharge a debt which I contracted when I I will was five or six years old. this supposition should be realized. But. before the absolute determining of my person. in proportion as he is more distinguished and educated. Some writers have misunderstood my thought. as a consequence. In all of this. of am explaining what is. They have thought. ancient Egypt. accompanied however. has rights. for example. In my opinion the individual ought to feel himself the more responsible towards every animate being. no matter with whom. for example. but which differ greatly from it.§ 16] COLLECTIVE RESPONSIBILITY who never 95 establishes the fiction of a legal person continues to exist without change. of the Turks. If. and not tvhat ought to be. never any law of nations. A very changeable nation and one which readily forgets its traditions and usages is surrounded by nations which are also very variable. 1 I course. and every being which has understanding has duties towards those even who would be incapable. by do not say that they are right in violating these rules. I . neither one of them has any scruple about soon violating the rules. often even towards animals. which has seemed odious to them. 1st. and. and. whicli is liable to suffer.v. but only in the individual sense.^ 2d. a neighbor of the Moors. and we know that no legal tie can exist between madmen. This supposition is indeed realized. if they attempt to form a partnership. Several cases as concerns its may arise. Every Ijeing which /ee/. of the black-skinned Africans. very different to it at each moment of their incessant changes. but there never would be any important treaties. if not invariably. A nation which is very persistent is surrounded by nations also very steadfast.med with responsibility as it is experienced and put into practice. it is eccentric meeting each other. a neighbor of the national identity Arabs and etc. we should have to see in it the ideal of international irresponsibility. through lack of intelligence. as a rule. furthermore. I doubt if this case has ever been presented in history. here again we are conc<. of the Phoenicians. It is the same with two individualities who are exceedingly original or they always clash. the Byzantine empire. separately carried away and denatured by their morbid evolutions.

and the debts compared to as well. just as peaceable as itself. just as ripe. bring to maturity their brilliant civilization 1 This essentially legal character of the relations between States during the Middle Ages has forcibly struck Cournot. This was to be seen in Europe during the splendid feudal period. despite the exalted comstill young. A structure. contained within its customs either like a lake. but only for a very limited time. but all of them at the same time. at the same time very similar to it in language. The responsibility of one of these States towards the others is then very keenly felt.^ Such are the relations which are to be observed as existing between men of a ripe age having the same fatherland. just as solid. is surrounded by peoples 4th. and in spite of the frequency of internal wars and conflicts. grown up and fixed as to its final movable or immovable. furthermore. but at bottom unchangeable." . as we which is anew. The various European States. This is changeable nation is A changeable. live the same life. to students who make progress together. there occurred then this remarkable thing. government. but who constantly resemble just the case with the existing European peoples. that international differences it seemed to everyone should be settled by the decisions of the higher courts. See his "Considerations. culture. that the offenses shall be of recent date. and having the same political opinion. relations reveal the feeling of mutual responsibility elevated to its greatest power. among other conse- quences. provided always. very justly pointed out by historians. during these two periods. during the fine monarchic period. by reason of a continuous flow or of an exchange of imitative actions and reactions. explainable by the excessive parceling out of territories and the violence of passions. if From this it follows. or like a flowing river is between its banks. contented nation. and customs. change as far as appearances are concerned. and settle themselves plexity of their elements. later still. They can be young fellows. formed a veritable federation. to pay one another their mutual debts. and. and. belonging These to the same class. and who recognize the fact that they are firmly bound to explain to one another their common offenses. in the twelfth century. THE THEORY OF RESPONSIBILITY [§16 surrounded by peoples who are also it. legislation. in the seventeenth century. into an equilibrium which is at the same should hope. that ever the modern nations of our continent. religion.96 3d. to the same extent as litiga- tion between individuals.

Has English justice pursued the perpetrator of such deeds? I think not. In Senegal I was able to admire the proceedings owing to which our big merchants attain. . each new step in the direction an international resemblance carries them along towards a if some gigantic conquest has not already final phase in which their federation will become them by violent methods united established. fortune and honors: they have no hesitation. because each one of them will feel itself strongly bound by its treaties. With this object in view he bought negro children with the express purpose of giving them to the cannibals to devour. through the lash and the rifle. Such a State.^ but would feel some scruples about not conforming to the terms of a bargain struck with these inferior races. about relating with a laugh. It is worth while observing..." says Corre. in the same way as honest fellow- citizens would feel themselves bound towards one another. the slightest degree of identity or of similarity is suflScient to give birth to the feeling of civil it responsibility only in order that may arouse that of criminal or quasi-criminal responsibility. are a part of the human race. civilized people recalls without the slightest remorse having carried on the slave-trade with Guinea. but it nevertheless believes it ought to honor the signature of this former government by conforming Such a itself to the clauses of a former diplomatic agreement. without ceasing to assimilate more and more. In the same way a private individual would laugh if reparation were asked of him by a duel-challenge for an insult dating back ten years. believes itself to be exempted by reason of metamorphosis from any reparation to another State arising its from some offense to the latter before the revolution on the part of the displaced government. who. in following our analogy. that whether it be in the relations of one people with another." Wc know to what sort of treatment Stanley and his companions submitted 1 And even in our day what do we not see? et suicide" (1890). the United States of Europe may become a reality. in by compelling. during the interim a revolutionary "Crime "In Zanzibar. Each new step towards national stability. in the mother-country. and will of its own accord become consolidated. among Europeans. "Germans are civilizing negroes inAfrica whom they were going to civilize: Commander dulged himself in the re-creation of scenes of anthropophagy in order to have the pleasure of photographing them. the negroes of X . having poisoned Chinamen or massacred Indians. the granting of that which is not given to them willingly. and obligated on account of its wrongful actions or its of — — mistakes as regards the others. or in the relations of one person with another. after all. the sleight of hand tricks with the scales.§ 16] COLLECTIVE RESPONSIBILITY 97 time stable and flexible. or two years even. especially when. after passing through crisis.

during the last century. seemed to take precisely the opposite point of view to the truth set forth above. body knows. which the morality of individuals would severely reprove. but he would deem himself to be disgraced were he to fail to pay these foreigners what he owed them. providing they do not amount to real crimes (in this he is better than a nation would be in his place). 1 One can say as much of internal politics. principles which. survive States. in political dealings and indemfrom our point of view. it remains barbarous.^ Proceedings which. the differences are no less so. and international similarity never as a general rule approaches the average similarity existing between as between of war. for the acquittal of a man accused of crime than for the cancellation of a will or a contract. and this morality of parties in so far as these parties classes act as different societies and of classes. in truth and depth. reprisals. and it may have been noticed incidentally in the preceding statements. a lack of scruple and of pity. such as the right of vengeance. He gaily recalls the annoyances which he caused Asiatics or Africans. tolerates duplicity and a cynicism and an egoism. identity is always very far from being the equivalent.98 a great THE THEORY OF RESPONSIBILITY illness or [§16 a disaster of some sort had greatly changed its but he would take seriously the demanding of a sum borrowed by himself without any right and at a period even more remote. judged to be sufficiently mad to be incapable of contracting can be condemned to be hung for having killed someone. cruelties. have had their day. of personal identity. such as the duel at law. of this truth that the periods of limitation in criminal cases are much in shorter under It is all legislation than are those of limitation in civil cases. name This should be the citizens of the same State. when it de- manded a greater degree of madness. have disappeared centuries ago. under the so. and. If the similarities between national responsibility and individual Everyresponsibility are instructive. . to what an extent the former. that is to say a lesser degree it did This peculiarity is of identity. and pecuniary composition. since national nities. He refuses to admit that a man rightly criticised by Maudsley. always stays behind the latter. as between individuals. despite the progress it has made. morally speaking. Foreign policy. worthy of notice that criminal jurisprudence England. in the midst of the most humane civilization. that morality of the nations. retaliation. It is perhaps because of a vague realization character. and not as the united fragments of the same society.

which constitute its two elements. whatever they may be. so well studied by our alienists? Not any more. But their natural inclinations.§ 18] NOT PHYSICAL SIMILARITY § 17. but it is the latter which are the important ones. and for the same reason. if they resemble one another in this respect so much the better. because of the lack of this necessary explanation. Social of beUeving or of not believing. and let us ask ourselves just what must be understood. The condition of social similarity is. in fact. the kind of thirst in the desires in a taste for need of drinking wine or tea. and in the second place by personal identity. the coloring. because the similarities from another source. I should have insisted upon this much more than have done. My theory of responsibility. or the physical abilities? Not at all. and ought to become the more and more conscious foundation. The teleological syllogism. In what should the resemblance of individuals consist in order that they should feel responsibility towards one another? Is it necessary that they should resemble one another in the features of their faces. This latter is the foundation which is permanent. will by this means be the more readily acquired. 99 What must be understood by social similarity. the conformation or the capacity of the skull. Is it necessary that they should have the same tastes. secondary and accessory. such as aberrations of the sexual sense. must. has been misunderstood and has seemed far more complicated than it really is. a particular direction which has designated them. Good and The duty evil. subjectivism. whereas social similarity should be demanded less and less and should end by not being demanded at all. (I) It has nothing to do with physical similarities nor even with every kind of physiological similarity. I . the kind of sexual wordly affection or rustic idyl. in a love of 1 The leant important one. Let us now devote ourselves to a closer grasping of individual responsibility. at least among the superior civilized beings. of moral responsibihty. have received from surrounding example. of imitative and not of hereditary origin. But we have insisted enough on the preceding comparison.^ § 18. their sociological significance. first by social similarity. from common education. to a great extent. Let us begin by explaining the former and moreover the least important of the two. if it be compared with that of personal identity. from the prevailing custom. which has specified the kind of hunger in the need of eating French or Asiatic dishes. The moral sense. and should one look upon them as strangers to one another socially if they are born with certain eccentricities of taste.

to the propensity of the language. and whose minor premise is a belief. at least in order that the required similarity . I believe that the best means by which I can satisfy this desire is to labor. by and by tradition. stretching from the cradle to the grave. are the practical conclusions. the brute feelings furnished by the body and by external nature in the face of one another must. a thin all our conscious and thought out but continuous current. and that the latter is but the underlying principle of the former. he will think by means of the social brain. if he be unfettered and resourceful. it is but the purely individual duty. that is to say his objects and his ideas. When society has thus recast in its own image all the functions and all the organic tendencies of the individual. therefore I ought to labor.100 THE THEORY OF RESPONSIEHvITY [§ 18 dancing in France and of "flower boats" in China. Furthermore. not the social duty as yet. and of prejudices in the majority conforming to the beliefs of others. and will but repeat a lesson learnt from society. in his boldest flights of the mind. However that may be. conclusions of this usual and universal formula of reasoning. he will believe on the strength of what is said. are the products of social manufacture. innate curiosity in the form of a passion for travel or for reading. be they individual or social. instruction. now. after this. an opinion bearing on the best means to be Now let us observe that taken in order to attain this end. of the individual. actions. whose major premise is a desire. and by this means converted into a collection of definite ideas. but we shall soon perceive the analogy between the two. Is it necessary. to the spirit of the religion or of the philosophy which predominates. formulated or implied. while the major and minor premises of the syllogism of finality formulated by the individual. an object which one suggests to oneseK. to a great extent have been deeply elaborated by means of conversations. I want to eat some bread. for such and such forms of travel or of reading. it follows from the preceding statement that. it is the same with the duties. the individual does not make a single movement or gesture which is not directed towards an object designated by society. of opinions. or but combine. of what we may call a teleological syllogism. it is Here we discern the germ of duty. etc. to the authority of forefathers or famous contemalso. Whatever the individual may think. poraries. such repetitions into an original composition.

or nearly all. to agree. Their distinction us: is individual radical and the preceding notions which belong to one of them. that is to say which are aroused among all. Living in contact with other beings. that is to say which are not bought by means of one another. of responsibility. and. demand this sacrifice? No. It is furthermore necessary for this being to live in a society. But it is not enough for a being to have needs and wishes in order to have a conception of right and of duty. a social alluvium. Now pleasures which do not conflict. as a general proposition. nor to have pleasures and sufferings in order to conceive of good and evil. he learns by means of repeated and thoroughly the needs. with illicit and We are told to cast aside. two finalities. as appertaining to mysticism. let us add of beauty and ugliness. Let us explain clearly what we mean in this respect. associates by the same causes. that transformism even. merit and demerit. Certainly a being who should be devoid of needs and without wishes would have no idea of right or of duty a being who would not know pleasure and pain would not conceive of good and evil. to go to the bottom of things. and sufferings which do not conflict as well. a deposit of long centuries But strictly speaking it is sufficient. from those which do not collide with one another or which even assist one another. of duty. acts the same opinions of approval or of one's contemporaries. of good and evil. of right. them accounts for crime. those old notions of culpability. a rightful action and a wrongful one. their concurrence accounts and nobility of humanity. . the idea of unworthiness into that of social menace. create in each one of clashes to distinguish concisely wishes. there is no occasion to convert the idea of an offense into that of an injury. There are two teleologies. for this collection of tendencies favorable to life in a society and which have passed into the blood of history. that individuals be born with a store of sympathetic instincts which are together called the moral sense? One may hesitate before replying in the negative. opposition to for the prosperity . the and the individual pleasures which are opposed to one another. teleology justifies bound up in the conduct of each one of and social teleology. in default of is these native tendencies. to share in their conception of good blame as and them upon the lawful ways of teleologically pursuing one's ends. for one to have learned to bring to bear upon the same evil. and if they do not demand it.§ 18] NOT PHYSICAL SIMILARITY 101 should be obtained. But is it true that positivism.

which imprints stamp upon every faculty of men assembled in towns and imposes upon them a proper manner of feeling. Before it is even — — — . when this concentration is put into operation. This love and this hatred are the perceptible feeling of good and evil. of wishing. itself counterbalances the his subjects. this is called the feeling of right. which are antipathy. and to direct a hate also of a kind peculiar to itself towards the things which are painful to them. and of understanding. When this limitation. evil." but is useful to the majority or to feeling of the "superiority" interests of all the egotistical interest of the leader by time of aristocracy or of absolutism. Here we have the double good and of evil. they no less surely suggest to him the desire. and also that which gives pleasure to some while causing pain to the majority of others. an original and entirely social change in direction of the individual need and wish. be they acts of man agreeable to him. it to the relation of wishes and of understandings. the wish to put an end to their struggle in ascertaining their limit and in striving to concentrate all their intensity upon their very limit. in fact. social duties. and to hate those which are painful to him. As for the appetites and the wishes which conflict. a categorical form so to its speak. We have merely been applying this to it the relation of feelings. a category of social logic. by the happiness of their coincidence. the needs and the wishes which accord with one another and I have said that it was especially the productive needs and the wishes called work suggest to him. a need and a wish of a new kind the desire. even in the eyes of the latter) (for. In a similar way. at the same time that he continues to hold dear the things. the wish to develop the desires and the wishes of that privileged kind. in But this is idea of good and of no more than the unformed embryo of that vast evil.102 THE THEORY OF RESPONSIBILITY of a [§18 them a pleasure and a pain seeing one's new kind entirely characteristic — the pleasure of seeing one's pleasures multiplied and the pain of sufiferings multiplied. which have become duties properly so called. he begins to direct an affection of a nature which is peculiar to itself towards the things which please the majority of his associates or the more important of them. remains to extend it is. he calls good that which pleases all and also that which is injurious to the minority or to the "inferiority. When a man has experienced the joys of sympathy and the pain of or natural phenomena. The individual calls that which makes everybody suffer.

But as a matter of fact the miracle is not so great as it appears to be. it is as between different societies. either savage or civilized. as it is on a battlefield for instance. in the midst of a nature where the essence of every force seems to be to struggle. an intellectual good and evil. for it is not as true as it has been said to be that the fight for life. which are known as truth and error and which consist in the duty of upholding the ideas in which one believes one sees the virtue of producing (at the present time or later) the greatest accord of minds and in the duty of denying ideas which are opposed thereto. when duty is opposed to duty. is a singularity which does credit to the soul of man. the accord obtained or sought limits with admitted as being something of an objective nature. the radical hostility of beings and of their elements. And I do not see how the doctrine of evolution can continue and can. Indeed. even at the time of the greatest freedom of thought. doing. between two armies. midst only and not whose essential characteristic is that they outside its confines. are unable to contradict themselves. are always supposed to be merely apparent and are judged to be so by the magistrate who settles these differences which are called legal proceedings. But as between fellowcitizens. the duty of doing and the duty of not duties. We will come back to this. unless it be in the misplaced imagination of the party who invoked it by mistake. In the mind of each one of the associates of no matter what society. as between companions in arms. — — in body of its is an example of admirable agreement and whose coming together is a terrible discord. where fratricide is the law. that is functional good and evil. A right which has been overthrown in a trial is considered as never having existed. that is the category of good and evil applied to tendencies and activities. acts. in absolute contrast with this spectacle.§ 18] NOT PHYSICAL SIMILARITY by the which we are concerned is 103 collection of the realized. conflicts of rights or of each one of which when they may appear. Let us add that there is always. where every being kills its fellows in order to live. When right is opposed to right. but of a rights in the midst of this society. Right and not-right. to qualities and . without sustaining any shocks. there exists thenceforth the representation. is the first and fundamental principle of the Universe. this conception of essentially harmonious faculties. account for this phenomenon. not only of a system of duties.

the soUdarity within of the beings whose batthng their very external manifestation. As latter. the result of a conspiring together of the various cells. to the reproach of mysticism which is directed against these It we it. Man Hving in society has thus had no need of creating a harmony of every part in order to conceive of it. he has found the pattern for it within himself. rather. from our point of view. Whether it be called vital principle or nutritive and functional irritability. what subjective . that altruism is a refined egoism. it is certain that there exists in each living cell an acquired discernment of specific good and evil. without which the continual assimilations and disassimilations of this life would not take place. by means of the mutual assistance of the workers. The question is not precisely to create a single organism out of thousands of organisms. but a single soul out of thousands of souls. of the rights of the cells. or no matter what. and which organically fills a part which may be compared to the social part played by our ideas of morality and It follows that egoism justice. that the egoism in question is. sacrifice is the universal rule. in that famous organ known as his brain. simply. organs. that they are to society. are now able to understand what that means. the associating to- gether in order to sustain Hfe. we are contemplating truths which differ I do not mean to say by this. as the theory of the social organism so dear to our sociologists assumes. to the devotes itself. of the various tissues. less than they may appear to. but more especially and primarily in his mind. I do not mean to say in his organism. prefer to means if you man considered as a social being. by the disciplined worth of the soldier. I would say. of the countless elements of the body. principally of the brain organic patriotism by virtue is of and that it expresses a sort of which each fragment of the whole necessary. by the generous self-denial of the citizen. under new forms and on a larger scale. of duty. a vital form rather than force. sacrifices itself if common end. However. whose every function operates with a consonance equal to their complexity. to look at it closely. and the vital "consensus" is merely being carried on. as we have pointed is out. So when we contrast the "altruistic" tendencies which the social atmosphere develops in the higher brain. this does not matter very much for the time being. with the egotistical impulses of the organism. no more than a sort of devotion. following an opinion which is common.104 THE THEORY OF RESPONSIBILITY first [§18 The one is. or.

and force. are infected with social subjectivism so to speak. So that when I shall have conceded to the utilitarians that these ancient ideas of fault and of virtue. is the most solid basis of saries on this point? our thoughts. substantiality and energy. . a certain similarity is a condition of responsibility in the moral sense of the word. to belong to that nation. of worthiness force. and mechanics without the ideas of space. that of the will and that of the understanding. If the dissimilarity of one citizen. time. because. it will not by any means follow in my by opinion that the reality of things interpreted or symbohzed means of these ideas should have any the less weight and value. however. it extends to the beliefs which are its minor premises. Thus it is necessary that the divergence be partial and very limited. who have triumphed over so many adverThat. In the meanwhile I ask in what is the idea of force more I clear than is the idea of duty? thrown out above demands an explanaduty of believing and of a duty of not believing. and his moral responsibility (I do not say his political or his penal responsibility. two sorts of offenses: offenses in the form of acts and offenses in the form of opinions. major premises of the syllogism of finality. as compared with the mass of the nation.§ 18] NOT PHYSICAL SIMILARITY man considered as such. space and time. The fact is that the conformism to which a society subjects all its members is not limited by the desires. I will be ready to admit that one can study sociology after having eliminated the ideas of good and evil. An incidental have spoken of a we understand each limit. The day they shall have taught us to study geometry without the subjective and altogether mystical idea of space. they not also subjective things according to Kant and his disciples. which are and must often be different) becomes less or is blotted out altogether. are matter and and of unworthiness. other. 105 ideas are to the individual. goes beyond a certain he ceases. is there anything more real and more important from the individual's point of view? there more eminently subjective than pleasure And those other universal qualities of our perceptions. in a moral sense. of evil and of good. because there are two sorts of non-conformism. to What is and pain. and even those no characteristics of all universal our perceptions. From this there arise at all times. as we have said. expansion less and duration. the sensations and of any of the manners of emotional element of being of the "myself"? At the same time. Let us be sure that assertion tion.

as the true and necessary foundation of responsibility. excepting in words alone. But this measure is and wall always remain a very large one. that there still exist everywhere men who justice. in order to be hypocritical no longer. that the responsibility of the delinquent should be The answer to the problem is very simple. there are always offenses by the press. though the fires of the stake may be extinguished. A certain spirit of tolerance. as duties of belief. will probably be no less than those of the former theocracy. Now the incontestable fact. how can it be. There is. has spread through a part of Europe during the last two centuries. be ruin. are punished. in the sense in question. up to a certain point. himself to will fallen into in giving expression to a theory contrary to these pre- dominant principles. if wrongdoing be essentially a nonconformism. the exigencies of the democracy of tomorrow. but a new wind is arising. however. it only by discredit. destitution. and. that there have existed. in the matter of political or anti-religious orthodoxy. every time that. let it be said in passing. In fact everyone is agreed in recognizing that one is not free to think as one may . a difference which strikes one forcibly. and society should not strike at discordant speeches excepting in such measure as they appear fraught with prejudicial actions. Although it is a common practice today to declare that there are no more offenses of opinion. every time that he shall be compelled in the bottom of his heart. inof and due to the misfortune ha\dng had con\ac- tions contrary to the current ideas. between a conflict of words and a conflict of actions. no government has yet been able to allow journalism to overflow without any restraining dike.106 THE THEORY OF RESPONSIBILITY [§18 However. of the dissenter. information contrary to popular legends. It be the same. it is true. and. of the heretic. full and absolute? The wrongdoer will feel himself to be fully responsible. by virtue of the conception of good and evil which he has received as a consequence of his honest sur- condemn the act he has committed. he shall be compelled to recognize the mistake he has roundings. perhaps as a consequence of lassitude. the tacit and frightful excommunications of the mob have not ceased to fall upon persons bold enough to think differently to it on certain points of vital interest. this fact e\4dently proves that free will never has been considered. by virtue of the dogmas taught by society and held by himself as articles of his belief. from the point of view of social importance.

as this critical unrest settles itself.^ § 19. There is a class of opinions which. on the contrary. necessity conformism. we suppose that the society in the crime of a similar nature.§ 19] UNANIMOUS JUDGMENTS to. In a society which is in a critical condition. which renders the persecution of thought particularly delicate. which is sure to happen. after having blamed to blame himself in the commission of a is may have experienced an irresistible desire to commit this action. 107 wish All the " auto-da-fes " are thus a striking protestation against the accredited theory. . ^ There is still sent and practical prejudice. and who is certainly too little inventive Sy nature to realize within himself the strength to resist the suggestions brought to bear him by his surroundings. for is one more at liberty to desire or not to desire than to believe or not to believe? yet he will not cease to judge his act as blameworthy and bad and to judge himself to be responsible for the same. after all. embraces the victims of these decrees of opinion. in the most serene regions. are of the greatest importance in their bearing on our subject and whose similarity is especially requisite. and. metaphysical and positivist principles. at least as far as the rules of thought which regulate blame or praise are concerned. one absorbs the prejudices of the small surroundings within which one lives anfl which may be contrary to the great social surroundings in a far more irresistible manner than one reproduces the examples set by it. (11) Unanimous judgments of this of blame or of approbation. the spiritualistic and utilitarian. and it almost always . upon bound logically. in process of gestating a new world. unless he has become impregnated in some school of philosophy with the prejudice which subordinates responsibility to free will. often clash. one receives. be they implied or verbal. If. the same acts are often applauded by some and stigmatized by others anarchists praise up to the skies assassins whom our juries condemn. as we know. Social causality in the matter of opinions is thus a more diflBcult investigation than it is in the matter of actions. unanimity comes into operation. as bearBut in proportion ing upon punishment. It is worthy of note that even though he — — another very important difference between theoretical disThe suggestive force is far greater in the matter of beliefs than in the matter of acts. even though he may have had a consciousness of the inherent irresistibility of this desire. They are the opinions of blame or of approbation brought to bear on the acts of another. has breathed the social air since his birth. the malefactor who. In effect. such and such a criminal.

or his elder sister. Augustine and of the social part. at the present time he is sent to prison because he has violated some right of mankind. Surely neither determinism nor positivism. we have wounded someone who is dear to us. we maintain. Jansenists prevent them from believing in sin and in the guilt No.108 THE THEORY OF RESPONSIBILITY is [§19 imbued. in order that they may play a moral and a Did the determinism of St. straint proceeds. and consequently like he should. as they believed and as he believed himself. indignation. It is not the constraint exerted or not exerted over the will which it is the fact of knowing whence this conis of interest to us. and it is because these judgments. should be poured. his mother. and praise. An offense in so far as it is a trespass is a quarrel just the same. . as we look at it. if they came to be generally accepted. admiramidst of which he was molded himself. among other sources. who serves him as an example and has authority over him. believe himself to be responsible for an act which in In fact. is not this all there is to remorse? And the child only succeeds in escaping from this anguish by means of a reconciliation. In the Middle Ages the wrongdoer was of the sinner. A humiliating sadness. whatever they had a passing quarrel with a person who is close to him. the injustice.'^ vowed to infamy because he had offended God. a passion for justice. as purely intellectual material. forbid us these strong and noble sentiments. worship of duty. and the suffering which is a proper consequence of it from this point of view ought to be a reconciliation of the sinner with society. It is also the fact of knowing whether by means of our act. principles. neither here nor there is there any question of free will or of future contingencies. and a hatred of These sentiments are the hereditary molds into which all may be. these his opinion he could not have avoided committing. Conformity as far as judgments of blame and of praise are concerned is demanded. from that peculiar and very acute pain which the child feels within himself when he has just doctrines. but the taking of them unto himself. as his father. nor even utilitarianism. an isolation consequent upon exile or ruin. which are the conclusions of teleological syllogisms. He is humiliated and disconcerted at the same time as he is grieved. The feeling of culpability is in fact derived. with determinist and utilitarian principles. would have as a consequence not the banishment of the ideas of responsibility. if it be from within the person or from without. tion. blame.

nor such a fanaticism. and still less the former than the latter. the separation between himself and his fellow-country- men would be But assuming this. and in several ways. of defining the (m) Importance bounds of a society. its so-called similarities. and the more is his moral guilt extenuated in the eyes of an interested onlooker. his ends with theirs . worthy character its of the latter pleads in his favor. the more absolute is his contradiction to the general public. and in condemning that which everyone praises. by reason of the conformity of concerned. with § 20. thrown a bomb under a royal train or set fire to a palace. if he has. will succumb under the will lash of his own moral opinions. in the second place. which are in conformity with those of the general public. This limit is always extended. though not entirely. as it is only on the near side of this line that the power of conciliation. as to the best means of attaining In such a case as this he is logical in praising these same ends. to be eliminated rather than punished. the stronger his conviction may be. happen more often than not. and. slaves to perverseness. word. that which everyone condemns. in every case. But neither such a wickedness. a man may differ from them in his own personal opinion as far as the minor premises are concerned. We have been able to appreciate by means of the developments set forth above how important it is to specify the extent of a society. he responsible. Extradition treaties. it will still more absolute. the teleological and even logical function of the notions . that is. even though it be justified in its own eyes by reason of its strange convictions. for the greater glory of his fatherland and for the greater happiness of the human race. on the major premises. because the praiseIf instead of loving his fatherland. that he himself in committing an act of treason in order to satisfy this passion contrary to nature. it and.§20] THE BOUNDS OF A SOCIETY 109 assume that there exists a unanimity as far as the premises are But it may happen that. he despised and hoped for the triumph of enemies. is fully analogous to moral responsibility in the proper meaning of the fanatic even while protecting oneself against . while agreeing with his fellowcitizens on the ends to be sought for. We must notice that under these circumstances. be treated as a monster more to be hated than held One pities a . In the first place because his divergence upon a point of as vital importance as moral opinion separates him from the society of other men. him he frightens but does not horrify one hates a wicked nature.

I hasten to add that in my opinion this case was not presented in 1871 when the partisans of the Commune and the "Versaillais. and a villein a villein. as if not the dissolution. it is Again. of the patriotic in the eyes of the moralist at bond between them. . should count. Such and such a riot is with good reason looked upon as a crime such and such a great insurrection as an event of war. the perpetrator of the act which duty disregarded.110 of is THE THEORY OF RESPONSIBILITY of evil. of duty which is which is respected and right which put into practice and duty which is of unworthiness. the dissimilarity of the adversaries who are face to face and the relaxing. It is none the less true that. joined together in the indissoluble union of the same fatherland. culpability. least. the displacing of the frontier which separates the two standards of morality coexisting is his neighbor. which is violated. A raising of shields which suddenly cuts an abyss between two classes or two parties which are too unlike to remain united in one and the same nation changes the fellow-citizens of yesterday into belligerents whose struggle has nothing in common with that of honest people against the robbers and the assassins it is unwillingly this profound community. at a time Even and feels himself to if himself than conditions are normal a peasant believes be more guilty if he has robbed a peasant like he has robbed a townsman. evil. than if the victim of the homiLet us note that the extencide had been a stranger to their caste. in similar cases. it is necessary that is blamed be judged to belong to the same society as his judges and that he recognize willingly or There are cases in which is a fundamental one of criminal law. of right [§20 good and violated. It is certain that under the old regime a cleric had more remorse after having killed a cleric. a gentleman a gentleman. or a great landowner when who and similarly a man of affairs who would have scruples about deceiving one of his colleagues in a deal will sometimes have no hesitation in causing a stranger to fall into a snare of a similar nature. hard to solve this problem. right and exercised or is In order that there may be an offense. . a great lessening of responsibility. after the combat time to make prisoners of war and not to hold criminal trials. sion or the drawing in of the moral domain." in spite of the hatred which they bore one another. however. Their character of fellow-citizenship was attacked far more than was that of the leaguers and the French Huguenots in the sixteenth century. which. who are their fellow-countrymen. is disregarded. of worthiness displayed.

came to complete his work. From this the universal City of the Stoics was born. moreover. As soon as Alexander had conquered x\sia and the Greek was able to say my. the . a monastery in the midst of the woods. and. as that of organforce the "vis equally important. there are no battles for life except outside criminality is it. union. when the Roman Empire. The unfortunate part of it is that the visible to is limit of societies is is far from being distinct and isms. they ceased to be barbarians. they only want to see in malefactors enemies with respect to an honest society. depends ancient City. Augustine. and I that. and the other to who are unlike us. before having really assimilated to themselves the Hellenic civilization. which has to be cured rather than as a foreign a tendency to prevail and which shows us the criminal as a patient body to be destroyed or eliminated. for a similar reason. the Orientals became Hellenized in his eyes. of the living everybody. an enormous enlargement which caused the philosophical conception of Humanity. during the period of the Norman Hundred Years War. to see in the finest internal harmony of an organ- effect of a vital concurrence. Among men of whom am speaking it is true that the Darwinian point of view alternates with the alienist point of view. The error of our Dar^4nians in relation to They only want ism the the consequence of their error in relation to biology. to take a giant stride in advance. as Denis has so well pointed out in his fine history of moral ideas in ancient times. the one relative to those like us. mine. conceived of according to the enormously enlarged model of the such. security. and from that time on. Within the confines body there may be maladies which medicatrix" (either with or without the assistance of doctors) to curb or to expel the diseased cells. and oftentimes on the most fortuitous circumstance. peace.§20] in THE BOUNDS OF A SOCIETY 111 those each one of us. ours. Inside. and the City of God of St. or rather to the individuals judged to be upon a thousand accidents. as far as everything which w^as Asiatic was concerned. an intelligent apportionment of work in common under a community rule. consequently. at bottom entirely similar to the other. forgetting that these pretended enemies are true associates. the penalty could scarcely be a simple act of defense or of retribution. that crime is in no the way a learned hostile act. the practical field of Duty and Right received an unlooked-for. which. true successor of Alexander. invasions or during the Let us picture to ourselves.

to state it more accurately. among the early Romans. at first microscopic and monocellular. and the thing which is most manifest in history is the salutary necessity which drives them. At the same time. to extend themselves. but rather to the re-beginnings of history which have taken place much later at divers points of the globe. through the outside. made their appearance. By means all of the continual and universal spreading of examples of kinds outside of the tribe this majestic or the town where they were born. or else following thereon. at first natural. which exists between the interior of a living vicissitudes of defeat or victory. for the brotherhoods and the lay corporations which were formed outside of them. for they do not go beyond the circle of relationship. At the threshold I — and when it. and later adop- — . the monasteries. in the likeness of those organic societies which could go no further for physical reasons in the advancement of their frontiers. in the same way as during the most evil days of the Middle Ages. murder. have carried on this great movement. never ceased to fill their ranks and to expand. free and original aggrandizements of these latter. among the early Greeks. human societies. I say at the threshold do not necessarily go back to the unknown origin of the first human association. sole refuges from the surrounding chaos. were prolonged in some other manner. But this is not all. difference incendiarism. animal and human societies have been constituted. to periods which are even historical. end is being pursued. to increase themselves. at the threshold of every history. from that far-distant age when the first living beings. having arrived at a limit beyond which it was impossible to go from a practical standpoint. so in a similar manner. by serving as a model for the still more vast aggregations. to constitute together but a single gigantic State or a single federation of lesser States. and. pursuing the same unconscious end under some new form. not only are States of very small dimensions. and among the early Chinese. their bulk and their weight have not ceased to increase and their structure to grow more complicated and to allow of a greater aggregation of elements within their breast. [§20 converging of every heart towards the same hope of heaven. Also.112 THE THEORY OF RESPONSIBILITY pillage. the their unknown it pole of the small ambitions which find way towards without seeing of history. in primitive times limited to a single family or to a narrow group of families. anarchy. Such is the body and the outside world.

THE BOUNDS OF A SOCIETY but even societies whose scope is 113 is always of greater extent is than that of States. So. are exceedingly restricted. if "In their eyes theft only wrongs a member of their tribe or little State. of approximately setting a date to the progress of international assimilation. has seen extradition treaties originality." But in proportion as the progress of assimilation accomplishes its work. treaty of this nature in of Europe was made in 1376> Savoy and Charles V. that the citizen of the neighboring people has in its is eyes ceased to be a being apart against whom everything a matter of of examples Now. by justice. and relieved of every obligation as far as a vast majority is concerned. for the reason that the scope of similarities between different individuals contracted. We must next go first The between the Count to the eighteenth century in order to see fresh diplomatic conven- tions of this nature — 1736. as against a stranger it is in no way to be regarded as worthy of blame. It proves the great strides made along the way of European leveling following the vast conflict of the crusades and even during the Hundred Years War. When an extradition treaty has just been concluded between two peoples. may be applied to all savages is and to the majority of barbarians. as far as a very small minority is concerned.§ 20] live. permissible. as a consequence of a prolonged exchange from every point of view. 1765. But here we have an isolated treaty. and of the may serve us as a territorial scope of responsibility as well. when the dissimilarity between the two peoples has greatly decreased. (See du Bois. very From this it follows that each man feels himself to be responsible towards a very small number of people and irresponsible as regards the majority of mankind. What Letourneau says about the Mandingues (African negroes). bound by pity. by reason of its character of insular has been the country to remain the most deaf to the demands for extradition. by love. such a feeling can only come into existence. etc. according to Clapperton. as fact.) Our century. multiplied. extradition treaties means of estimating. This exception proves the rule. the territorial proportion of responsibility and of irresponsibility changes and is in the end overturned. it proves that each one of them begins to feel itself affected by the crimes committed among criminal it the other. until one of the terms disappears. Let us add that the principle of extraterritoriality. judges itself to by virtue of which each State have the right and to be under the duty of following . England. the 1759. thanks to railways.

as Guizot has so well pointed out. in ideas. because been able to imitate our sex. really is it in this way substitutes for It is not infinitely precious. threw the husband and the wife together. and compelled them. it profound investigation. Let us add that. if man has. During the Middle Ages. and in customs. so legislation. it further by means of its creased. moreover. which the exclusiveness of former times. felt himself to the same extent as. the rights of woman were everywhere undisputed. in spite of the incomparable soaring of souls in the purest heights of art and even of science. even outside of its territory. tends to spread This continued extension of the realm of responsibility and duty. If for example woman. if the dissimilarity between men and women prevents men to be responsible towards her. Lombroso. was annexing to itself new classes among each one of them. In ancient Greece on the contrary. absolutely separated the life of the two sexes. Ferri. woman was treated as a slave. is the chief benefit conferred by civilization as far as morality is concerned.114 THE THEORY OF RESPONSIBILITY its all [§20 up against every individual residing within territory the sup- pression of every sort of crime of at serious a nature itself in committed our modern It is to the credit of the new Italian Penal Code. much opposed. of the circumstances. — has by degrees acquired rights which are recognized by her lord and master. but also because feudal isolation. even more than the perfecting of their nature. that it has allowed this principle to play a more important part than hitherto it had dared to allow it. but moral cosmopolitanism. because the habits of the gymnasium and of the public square on the one hand. at the same time as it was taking in new peoples. What a contrast with our French eighteenth century! Among every savage tribe given to war and to the chase. despite the barbarity of customs maintained by reason of perpetual wars. — who was man's it is first domestic animal. she has . in other words. little by little. and resemble it in manner of living. to lead a life in common. and Garofalo. Among pastoral and agricultural tribes they are looked upon by man as companions. by Messrs. that the scope of morality has infor. the women who are unable to make war or to hunt are treated as beasts of burden. One would deceive oneself if one thought that it was according as man has been softened by means of civilization. during the interval between combats. is still by means of its extension alone. and of the women's apartments on the other. as a consequence of the Christian beliefs without a doubt.

at a given date and in a given country. and many other observers. They may bend under the fear of blows. What must be understood by personal identity. But their temperament and not logic carries them away to this extent. to intellectual nihilism. and we will have profited little by having changed its base. Let us therefore examine in what consists and what is the value of the belief of each one of us in his own judgment as to our powers. with these according to their dealings We would create for ourselves far too dark an we would certainly debase the travelers themselves beyond measure if we were to judge them according to their manner of behaving with the inhabitants of these islands. as so many travelers have thoughtlessly done. to judge of furthermore and above every- thing necessary that he be compelled to recognize himself as the very cause of this act. in order that there may be moral responsibility. whose identical persistence under the changing of its waters is but a name. Unfortunately it is a fact that the schools which are incited to combat free will are also carried away so far as to deny personal identity. When one wishes to measure in a fair manner the morality of a person. nor the Chinese according to their relations with Europeans. but among themselves. Cook. as we are well aware. this act as being of his habits of judging inspired his social intercourse by someone else. to the same extent also does it prevent less must we judge latter. it is by means of that person's relations with his fellow-countrymen in a social way and recognized as such that they must be judged. They acquire it in the attainment of rights. impression. it is with his victim. Still women. of the moral value of the savage hordes. they . We must not judge the English according to their relations with the Chinese. It is well known that the Polynesians are savage and not to be trusted as far as foreigners are concerned. but they are lacking in a feeling of duty. that the person is an entity similar to a river. that the author of an act shall be com- by means and by means of pelled. the basis of our final themselves to absolute scepticism. responsibility is a chimera. they are full of kindness and gentleness. within the confines of their own people. blameworthy. It does not suffice. If it be demonstrated that this belief is an illusion.§21] from PERSONAL IDENTITY feeling themselves to be responsible in 115 a moral sense towards women from being conscious of their moral responsibility towards the men. according to Porter. they cannot undermine this principle except by exposing identity. as § 21.

unless they be subordinated to a more general law of finality (we ourselves would say. Let them deny absolute and everlasting identity. in the same way as their ends. under more or less similar forms. What is the individual? by the individuality Logical and of the organism and especially by that of the State. These three individualities have this in common. . The living individual is an assemblage and a connection of infinitely ingenious secrets which. What is the In order to person and in what does its permanence consist? make the nature of personal individuality more clear. they imply a solidarity of elements and of numerous functions converging in a sheaf of ends ." that the laws or so-called laws of the association of ideas by reason of contiguity and resemblance explain nothing. permanence of the individual. of theoretical and practical co-ordination) which dominates the v:'^-. is the personality looked at from the point of view of its duration. as regards " associationism. and which raises the slightest living variations to the rank of true creations. § 22." for January. with that style or that manner which makes them resemble one another while they are being transformed. (I) Identity. the "myself. teleological co-ordination. Paulhan has very well shown. invisible to us. of iof^ic and of finality. remain to compare it to national individuality which is nourished and lives in it. are transmitted until death with the direction proper to the initial ovule. 1890. from cell to cell.'- of psychology. The psychological individual. but a relative and temporary identity suffices for us. Ribot has it compared by means to organic individuality." is an assemblage and a connection that is of states of consciousness or of subconsciousness. of external impulses 1 "Revue philosophique. The individuality of the individual made clearer similar conceptions. repeat themselves while they are being varied. of information called sensations. so be it. "Les bases Effectives de la person- nalite. Identity is the permanence of the person. 1884. and impulses. but visibly directed towards the pursuit of certain general or special objects." August. feelings of the body. The immortal soul and eternal cities. of external information or internal called " cenesthesia " by the new called psychologists.^ into which it thrusts itself It will of every one of its nerve roots and rootlets.and they maintain themselves by means of a continual renewal of their elements and of their functions.116 THE THEORY OF RESPONSIBILITY [§22 cannot shake this last column of the temple of science without running the risk of an overthrowing." ^ In the "Revue philosophique.

not only they are simultaneous they agree in the majority of by virtue of those general systems of opinion or of those general employments of acts of which mention has already been made. and to agree in a teleological in serving for the play of those complicated instincts or habits. for the repetition of themselves." in my opinion at least. I do not say that the "myself" consists in nothing more than this. but again by means of the sanction of those co-ordinations of thought which are more especially social. and those still more vast co-ordinations. certain that However. they reproduce themselves in the form of inexhaustible and almost must. belonging to and persons who are influenced by one another.. or internal ones called appetites. If instances. these states are simultaneous they have as a characteristic a concurrence towards in entering into. If they are successive. is this. and. but I have been forced to speak of it already. observe that language is a social thing in the same way is. that different persons is to say of states of consciousness again. like the preceding ones. PERMANENCE OF THE INDIVIDUAL And if 117 tastes. the general a same theoretical or practical action. upon which the diversity of outside sights soon becoming monotonous casts light modulations. these states. are in more or less close and these and durable harmony.^ which are called religion. ^ We as religion . in defining the "myself. before being truly hatched out. called ambitions. the town or the an assemblage and a connecting together of social states. beliefs. If they are successive. manner mechanisms called they have as a char- acteristic the indefinite. like the preceding. or of opinions as regards the naming of things. but of states of consciousness. however. for example. which are called callings or institutions. and developed in a sort of long discourse. Furthermore. the sciences. form of images and memories. Finally the social in- di\adual. called knowledge. has awaited. are information and impulses. but it is it does consist in State. or in the form of that sort of a soundless murmuring in the very depths which is the continuous base of consciousness. called space. the whole marked wath the stamp of a special physiognomy which the greatest changes in feature scarcely alter. the heat of social surroundings. locomotion or war. phrases themselves reverberated in a thousand echoes of memories. as space or language. and their logical agreement system of opinions as re- gards location. called language. philosophy. almost identical. and impulses communicated by another. etc. but information more often received from another or perceived through another." because the "myself. states.§ 22] IDENTITY. either in the most part. or needs.

will not satisfy our curiosity. to elucidate by analogy the familiar microscope of psychology. but to a certain extent. all this is imprinted with the national stamp. whereas if we establish the similarity of this same fact to some social fact. This remark Sociology finds its is the solar immediate appli- . it itself. and which could just as well be called social cenesthesia. and I am only permitted to point them out in passing. Not only do they resemble one another. which are to society what memory and habit are to the individual. in that confused buzzing of conversations. unless it be in time of crisis. and they also repeat themselves with a continuity. contracts or enlarges. I hold especially to this last comparison. in elucidating the latter to its very depths. if consciousness disperses itself or becomes united with the organism. it will be easy for us. in revelations and in creations depending upon one another. because it is particularly instructive. they are of mutual assistance to one another. This is not the place to develop all the relations which exist between the three individualities which have been the subject of comparison.118 THE THEORY OF RESPONSIBILITY [§22 unvarying counterparts. and the customary. or else give expression to ideas and needs which are unceasingly reborn. known by the vague name of tradition and custom. while upon this dark background the genius of inventors and of innovators of every kind stands out in vivid relief. one cannot clear up semiits similarity obscurity by means of complete obscurity. which are commonly called in politics popular sentiment and will. of complaints. whose primary element our own life. lets go of itself or conformity with its social surroundings. interesting in other respects. a whole are the only ones revealed to our vision. he could have added social individuality. we point out to a vital fact. even with an almost equal unvaryingness. the traditional. phenomenon. which gives the most varied products of a society a resemblance as indubitable as it is incapable of definition. for. We are in fact marvelously well informed as to what is lowers or raises fortifies itself in going on in the intimacy of the social is life. of demands. Thus in order to clear up a psychological fact. Espinas has well said that "psychic individuality and physiological individuality are parallel". themselves immediately repeated by means of imitation. and which have fallen one after another into the domain of the commonplace. of writings. but we are entirely ignorant of the secrets of organic effects as life. this statement. whose if.

Undoubtedly there is no nation so united and powerful as not to harbor some in opposition among individuals hidden germs of discord. the minimum in the invasion of an illness. are the necessary leaven of progress. or in the congenital evil of an infirmity which renders it abnormal. between which our existence oscillates? Upon this subject observing our body teaches us nothing. when they boast of the vigor or the prosperity. and among whom the greed more than their activities aid one another and associate together. But observation of our societies teaches us more than this. a science in common. health is a harmony of the organs. and which. under the pseudonym of freedom of mind and of concurrence. as there is no reason so sane as not to enclose some speck of madness. know very well what they understand by this. Inconsistencies and opposition in weak doses. physi- cians vaguely tell us. among whom. A vigorous and prosperous people is the one among whom unanimity to acknowledge a belief in common. has as its supreme pinnacle the ideal of energy and of stoical wisdom. individual pride and opinion contradict each other more than prevailing principles corroborate of gain is one another. overrules contests of the appetites. true vital alienation. and of this harmony they remain But politicians. important for us to know in what this scale of the degrees of our personal identity which we have a vague and constant feeling. Illness is a discord. But there is a degree of incoherence beyond which a society. During the periods of the relative immutability of societies . in the realization of is the same plan of work which all egotistical rivalries. overrules the petty discussions of a secondary nature and the contradictions due to selfishness. is the one among whom the proportion of inconsistencies and of reciprocal obstacles decidedly outweighs that of corroboration and of mutual assistance. just as a mind. or deplore the weakening and the decadence of a State.§ 22] IDENTITY. all binding upon everybody. among whom unanimity in the pursuit of the same goal of patriotic action. in other words. in process of going insane and disappearing. What is this maximum and what is this minimum of identity. in going deeply into mental alienation. may not go without incurring the danger of a radical change for the worse. as to the nature of this discord silent. PERMANENCE OF THE INDIVIDUAL It is 119 cation in that which concerns our subject. that scale of maximum of its own identity is realized in its perfect health. An ill and enfeebled people. unless it be that the consists.

" comes into existence and grows. sometimes from a no less strange modification supervening in the general tone of the internal sense. We know far better how social alienation originates and increases. In our modern Europe the frequency of social or of mental revolutions has swept them away. and then of the for example." generally formless and incapable of living. the Roman constitution received a severe blow. haying attained an internal harmony of its constituent elements. and Rome is not the first. which was heroic and avaricious. We are absolutely ignorant as to how mental alienation. and in this way becomes modified by means of its successive expansions. When a young and powerful State. once established and ruling. and especially from the point of view with which we are concerned. or the strangeness of which denotes the trouble of the mind. we only know that this internal working of the brain proceeds sometimes from an unwonted invasion of external feelings and exciting causes which trouble the mind by reason of their strangeness. later on. it is rather the last. which has been an article of belief. in view of the resurrection of the body. where the stability of everything has preserved them. body or each human "myself" judged itself to be each human immortal. the crisis by means of which a new "myself. but already the imperishableness of the great nations and of the great dynasties had been established for a long time in the minds of the peoples. acquires something of their arts. same reason that. because a new ideal of philosophical aestheticism which was artistic and voluptuous entered into the soul of the old aristocracy. it is [§22 and not the reality alone. is founded upon the belief in its imperishablebelieved itself to be immortal. primitive Rome enters into relations with its neighbors. its identity does not suffer by reason of this importation Rome assimilated so long as it assimilates that which it absorbs. Each ancient nation. But. These three great beliefs. but it is the immortality of the three individualities in question as well. of the cities reputed to be eternal. after the conquests in Asia. is substituted for the former and normal "myself. still survive in China. which have played so important a part in history. after the taking of Corinth by Mummius. . and even of their gods. then the belief in the imperishableness of the consciousness was added. of their customs. for itself that which Etruria and even Greater Greece had which was best or rather which was compatible with its own ideal of religious citizenship. The Egyptian idea of embalming.120 THE THEORY OF RESPONSIBILITY of persons. for the ness.

the two could therefore do nothing but combat each other and mutually seek to expel each other. every effort which one makes to assimilate impossible. agreement was old between yes and no. Now. and which is analogous to that of the national beliefs or institutions. in the unaccustomed states which lead a man to madness. or else is but the mine own unceasingly enlarged. it is true. or a schism masked by the trouble inoculated into each individual consciousness which." in its incessant changes from one perception to another. I am contradicting the system of my memories in placing alongside of it a past other than my own. an obstacle to one's system of chief aims. let it be noted. When I suddenly attribute to myself the office of pope or of emperor. as so often happens. under the opposite circumstances it alienates itself. or. what there is which is contradictory or contrary to the previous ideas or tendencies of the person. whether it were a schism manifested by the division of society into two camps divided from each other. between pro and con. just as it is all this tends to disorganize. proceeds in the same way as does society in its transition from one discovery to another. where is the internal system contradicted or opposed. One may ask. with the sophisms of Carneadus and the marbles of Lysippus.§ 22] IDENTITY. Here. that sensations experienced at one and the same time have a tendency . if they did not succeed in this. becomes false to and annihilates itself. PERMANENCE OF THE INDIVIDUAL 121 Roman populace. from one invention to another. The "myself" is but a word. in accepting the contradiction within itself and becoming accustomed to it. give rise to a schism. it strengthens its identity. of previous perceptions and of acquired talents. alone in my room. I believe that I hear voices of invisible and nearby persecutors speaking. between the old catechism and the new doctrines. Between this ideal and the former one.'' I answer that it is the sum of memories and of habits. from one act to another. When. I am placing alongside the system of my actual perceptions (for. that of the votaries of the former cult and that of the votaries of the latter. when one meets with a denial of one's habitual system of regulating ideas. The identity of the person in the same way is but a greed which gratifies itself by means of an incessant appropriation from without. only that by means of which one assists or strengthens oneself. So long as a society absorbs more innovations favorable to its principles than innovations opposed to them. one only appropriates to oneself that which one adopts to oneself. Thus the "myself.

first of all. a sible issue is death or a return to the old state." ^ responsible as the former one." in this resembling those "trade bodies. 3 Again we must notice. When there an alternation two personalities. by chance. and which are slaves ready to serve every master.^ new "myself" is definitely substituted for the previous "myself. as of we shall see. and the other comforted by kind words" or when "one eye sees only sad and unpleasant objects." "bodies of habits" so to speak. (n) A difference in spite of analogies. and consequently whereas the former is always a disastrous or an annoying perturbation whose only posIf. In the case of bilateral hallucinations. which are almost unconscious. manual labor. which reminds us of revo- by restorations. for example in the case of Felida. wish to push my comparison to its very There are preceptible differences between mental There is.122 THE THEORY OF RESPONSIBILITY by means of the collection of call into [§23 to create a true synthesis immediate judgments which they being and of which they are the incorporation) perceptions which are contradictory to the former. this one. habitual state? to confuse I suddenly feel depraved tastes within myself. I extreme. is able to lead from an old regime to a new just regime which as is just as capable of living." the conWhen. among whose left among 2 the demented this very agreement is often broken. 1 much It seems perfectly simple to us to have two hands and two legs agreeing in all their motions. and by evil counsel. "gait. speech. however." those administrations which the revolutions failed to reach and which serve for every regime. The the identity of the '* myself " of much deeper than monads. when "one ear is obsessed by threats. the identity of State. all of them. alienation and social alienation. the division of the person into two " myself s" who fight against is But them each other a common is occurrence. temperate and peaceful under orditradiction is patent. One sees some of hand stops the right hand when the latter wants to do something. helping each other. . and the other sees only gardens full of flowers. that the latter. because of the less concise character of the corre- sponding identity. with Ribot.^ nary circumstances. are not these tendencies contrary to my me And would with not imputing them to me be but me my enemies? responsible for their consequences in the And would not same way as holding for the con- sequences of pretext of my normal "myself" be but to confuse of science? all under the method and § 23. or homicidal impulses. one of the two "myselfs" ends by expelling the former one little by little. proceeding together towards the goal. by insults. The hypothesis would not. and. purely automatic acti\aties. that there always remain important lutions followed traces of the preceding "myself.

that it seems difficult to see in this only the result of the passions and of the wishes of each individual. with a small number of noble " every degree of moral and of vice? But here. 1885. as far as to its reality psychological identity. even in the case of society. "We because social identity is a and depth are concerned. to the harmonious combination of their reflections. lend our personality. the "myself" a group of vassal and suggestive consciousnesses. . mingled together in an irregular scheme of thoughts and of designs. fictitiously prolonged after his death by his apotheosis and the conformity of his successor to the example set by him. to Beaussire. manifests to such a degree common passions and a unity of will. the substantial incarnated. as indifference What dramatic critic has not noticed the unanimity of the demands of propriety among the public at a everywhere among humanity.^ "to a fortuitous for example. the centre and the field of ^ See " Revue philosophique. In him the State he is the central monad in which every nature is and which lends to the faithful reproduction." February. is Now. Undoubtedly a nation. at least in the case it is in which despotically ruled over tive monarchies so well understood is by the "king-god" of primiby Spencer. assembled more often than not by reason of curiosity alone. To build up the personal consciousness. that identity thus resolves itself into similarities alone not strictly true.§23] this THE HYPOTHESIS OF MONADS change is 123 always a fall. At the same time is this comparable to the personality of a man? K we were to hold ourselves bound by the definition which we have given above. as the author points out. attains to a far higher degree of personality. whereas social revolutions sometimes then it is constitute progress. The human person is perhaps to be compared to this ancient theocracy. there is but a pseudo-person which we can explain to ourselves by means of the laws of imitation. I have said. and not in the preoccupation of a moment. If this is so. a living aggregation of souls." says collectivity. which is an assemblage which is not fortuitous. and passing a mob which in a public square or at a theatre. the latter like the former would not be identical with itself except in so far as it is made up of similar thoughts and actions although emanating from distinct consciousnesses. by means of the is perhaps the king-god of the brain. as is so often attempted. theatre where one meets. very inferior thing. reflected support of his own lastingness as long as his life endures. together spirits.

and whose familiar states. that fallacious organ of knowledge. becomes singularly simplified. translated and transposed into our language. and rids itself of the obscurities with which the confused conception. Whether we say nerve cell rather than monad makes little difference. which is contradictory and mystical. seems to assure us that the "myself" is everywhere present in the head. The inner sense. and if we were reduced to the sense of vision. simply an interweaving. Thenceforth the problem of free will. of the "myself" endowed with cerebral ubiquity had ." localized within very narrow limits. it still tells us that the "myself" is at the tips of the fingers during the processes of active touch. its intra-cerebral localization is beyond the reach is of this rectification. but it assured the Greeks of the time of Homer that the "myself" also resided in the breast. it would lead us irresistibly to believe that the "myself" fills the entire field of our vision. to know whether one looks upon the "myself" as disseminated. however strongly it may go against our prejudices. in some incomprehensible manner. if its mistakes as to its proper extra-cerebral localization can easily be rectified by means of the reciprocal control of the different senses. an echo but not a result of the states belonging to the innumerable elements which surround and are subjected to it constitute the normal person. always the same throughout its continual modifications. infinitesimal point of the brain substance. moreover one could scarcely say within precisely what limits. in almost the entire brain. in truth. is the same as though one attempted to explain the formation of society by means of a combination of social states. but a true and actual interweaving. from our point of view. — — The unfortunate part of it is that. a place and at the same time a bond of instructions and of impulses. the essential thing is to recognize in the brain the supremacy of a central element.124 THE THEORY OF RESPONSIBILITY [§23 simple juxtaposition of states of consciousness. nor by virtue of what marvelous property. let us once more suppose that the "myself. In spite of everything. is to create a hypothesis infinitely more mystical than all the monadologies. Let us for a moment admit this last hypothesis. emanating from all the neighboring cells. To cause the "myself" to spring up from a simple placing in relation of varied consciousnesses no one of which would be the "myself" and the grouping together of which would alone constitute it. or whether one looks upon it as localized in an extremely small. It is very important in fact. of information and of influences.

the contrary if the "myself. it would no longer be the "myself" which was itself the cause of the act carried out. and its responsibility would be released. ." against whom a portion of its subjects ' Taine. the evolution of the brain. this individual is morally a madman. but one which is the seat of an unlimited ambition aspiring each day to extend and consolidate more and more." a spiritual atom as indispensa- ble to psychology as the nameless atom is to chemistry.^ is but a an heir in the direct line of the initial ovule. There has been nothing since then to weaken his ideas on this subject. more contradicted than confirmed by them. it is the person who wished the act to be committed and who should answer for it. in this case the "myself. be it owing to illness or not. understood this truth very well in " 1 'Intelligence long before the learned speculations of Haeckel on the "myself" of the atom. On point. assuming this to be the case. which is manifested by periodical attacks and whose phases may be foretold with certainty. not free but necessary by virtue of its nature. far from it. whose substance consists in the innate aptitudes which it manifests in habits acquired in the course of its life.§23] surcharged is it. In a case in which these latter should overpower it. of affirmations or wishes an infinitesimal point. the measure according to which latter. In vain one may say. being itself the development of the person. his volition is the consequence of a morbid evolution which is produced in his cerebral substance. by means of a series of perceptions or movements. it receives from others. one of the first. . the "myself" is responsible for that same action. a substantial point. if an act has had as its point of departure a cerebral nervous centre whatever it may be. as it has done since its embryonic life. but never its substitution. But there is no occasion to make this distinction if one admits that the "myself" is the whole brain in fact. that is to say when the information and the impulses which it has already received from some of them and which it has appropriated and assimilated to itself by its adhesion. it The is extent of its freedom well informed and well seconded by these It ceases to be free at the precise more opposed than served. THE HYPOTHESIS OF MONADS The freedom of the 125 its "myself" becomes authority over the other "myselfs" of the brain. It makes no difference. its omnipotence on a number of similar points which have been subordinated and disciplined . are contrary to the it is moment when suggestions which priated. or at the most its deviation. which cannot be appro- and as a consequence cannot be assimilated.

phenomena do not stand unsupported except for themselves. are not occurring. Every true reality is something other than a collection of phenomena it is as Stuart Mill well saw in his definia possibility. is mine rather than myself. in order to collect the recollections of the states of our past. as everywhere else. So I must be pardoned for still insisting upon this digression and upon this useful illustration of our subject. we must admit that the latter has a last point of view. whether the individual be a reality If in very truth. and for pointing out in two words how this " spiritual atomic philosophy. would have us believe but an infinite virtuality indeed. right to hope for special favor at the hands of the monadologists. and every part of the brain which escapes its domination becomes an absolute stranger to it. will not occur. This something would be. but would occur or would have occurred if such and such a circumstance had been presented. is justified. is no more responsible for the consequences of this riot than was a king of Persia for the revolt of a satrap. a collection of present states be necessary. would nothing be necessary in order to collect the latter ? I believe that in this case. who. The conditional — — . — necessity of the first I fully realize that contradicts the supposed ambiguity of the second. 1883) that the personality within us can change. I certainly The point is to know if after all. without the subject ceasing to say "I.^ one wishes the in'* Both here and further on I make use of the words " person " and " myself almost synonymously. The profound essential "myself" of each one of us is not a bundle of actual sensations. However. this more or less wretched succession of incidents which constitutes my life and which has created my social person. my past." March. and my way of understanding responOne may cast away all monadology and yet retain this sibility." by which all the truth of materialism is resolved and transfigured. ? Am 1 I or am I not That is the question. However. that is to say a conditional necessity of phenomena tion of matter almost all of which have not occurred. have no wish to change the nature of my thought and to weaken its bearing by establishing an indissoluble bond between the hypothesis of monads. moreover. the countenance be anything but a silhouette. — . I will concede to Richet (see "Re\Tie philosophique." and in the "myself" but a phenomenon of sensibility and innervation. something of his previous being persists in him. as Richet. here forgets the inseverability of sensations and images. sees in the personality a phenomenon of the memory. for it could have been other than it was. the "myself" properly This author only so called. Very well but if. revived in a manner unhoped for by contemporary science. take himself for something which he is not. a collection of actual perceptions and impulses. which would be quite distinct from the personality. let us beware of confounding these conditional pasts and futures with the contingent pasts and futures of the partisans of free will. according to Richet. Particular — — . by hypnotic suggestion in certain forms of madness or in dreams. a "collection of particular recollections. its development along a certain line and its abortion following an immense sphere.126 is THE THEORY OF RESPONSIBILITY [§23 in revolt." In vain may he attribute to himself a past other than his own. whose existence has at the same time been its very limited realization and its tremendous mutilation. Furthermore.

is it same way to resolve that other nebula." will distinguish these Let us draw near. truly another One must inevitably recognize something that persists. force. It is because I know this. "force. one of which disappears when the other makes its appearance. once having entered into or fallen within the bonds of a determined personality. characterized. And that is why I will continue to say^the "myself" or the person without. that effect of what one considers the sort of parents he comes from and the physical or first of all social acts of his surroundings. clear an entirely phenomenal reahty which. the varied out of the invariable. I defy anybody to discover the least foundation which is not a delusion for this great scientific prejudice which puts the fundamental homogeneity of the elements in the form of a dogma. that I judge myself to be a real being. their faces. and also the infiniteness and the eternity of this despairing monotony. pressly recognized. already is always assumed to be previous to its effect (although after all. we were matter. the sound of their voices. that which has been may be a pure nothingness in the same way as that which is not yet) has given rise to the appearance of another. one must bond between cause and and. distinguishing between the two. I ought to . But what? This something of which we catch a confused glimpse through the multitude of facts is called by a vague word." just as one calls a mass of men seen from afar and very indistinctly the up the mystery of out of existence. discernible. / have identified myself with it. explain oneself on the question of this effect. It is a delusion to create the variation out of the theme too late. richness of That is the only possible justification for the variations which upon the surface of things which appertain to the greatest progress of the world. as a general thing. 127 dividual to be purely as his cause or as his causes. accidents of my life have developed me in such and such a way and have at the same time closed the entrance of an infinite number of other paths to me. we able in this men by means If of their gestures. not likely that it would astonish us by the exuberant its elements? Before everything we should be convinced that these elements are distinct. because I have an inner certainty of it. reality! under these transformations of phenomena. from the phenomenist point of view. for the cause "crowd" or the "army. this having been said and ex- add that. But. by circumstances of my organism.§23] THE HYPOTHESIS OF MONADS and simply the is. energy. and which would not be able continually play to spring from the bosom of universal repetitions under the assumption of perfectly homogeneous elements made use of by laws obeyed without exception.

It is really strange to see. that is to say. of its can dispose of at each moment. only owes its allpowerfulness to the tempestuous variations. force. has as his reason for existing at all his personal distinction. to endure." knows not how. Certainly one cannot say that at the very moment when this element. one asks oneself from whence could the least note of approval result entiated one midst of the universal sing-song. has no less appropriated to itself. in stamping them with its seal. this pretended indifference which is all-powerful. who is a new and superfluous copy of an edition which is already more than sufficiently large? Each individual. Every law is the instrumentality of regulation and of leveling. altogether or lessened for the For the responsibility of criminals is unceasingly denied same reason that the worthiness of men of genius is depreciated as much as possible. the "myself. learned men go to such pains gradually to lessen. without a doubt. Of what use. and to hyptheir co-operation almost the virtuality which it notism. from birth until death has as affected. The discoveries up to now attributed to Newton and to Christopher Columbus would . each separately acting and working towards its own end. from thence individual realities." thus revealing itself more clearly to itself. to annihilate the individual. to madness. of which it is composed. and that it is precisely because this act could have been none other that it is its own. and influenced by others and even owing to whole of its stored-up power. in a century as individualistic as ours. if they were to be exercised over materials already regular and absolutely similar. arrives at a decision. he is a living unit. if the individual really and truly exists." as though this lessening and this annihilation were the necessary conclusion of their research in relation to the illnesses of the person. without this. to dreams. It follows that at the foundation of every individual existence. let us have no doubt but that matter. is the individual. and in the So his distinguishing feature. From thence originality. it is true.128 THE THEORY OF RESPONSIBILITY of the so-called "instability of the [§23 differ- means homogeneous. energy. his original identity. consequently. its cause the persistence of some first element which. it has the privilege of deciding otherwise. there is something very special which seeks to be extended and to become universal. which reveals itself in the "myself. all those outside actions. The individual is more than a sum total. and something which seeks to live. but one can say that in wishing this act it makes the act its own. from thence freedom.

"force-ideas" Identity makes and xmmakes has its degrees. is not so much in being metaphysical as in being so without being aware of that fact. species or for society converse is way as my my religion. as a consequence. abandoning a dangerous shore. (Ill) The it State is to the nation what the "myself" of Fouillee.§24] DEGREES OF IDENTITY 129 be in reality collective works signed with their name. forces. just as the crimes of a celebrated assassin or robber would be the consequence of a social suggestion combined with a vital impulse. there is not a single one of its acts which is not necessarily brought about by the revelations of the learned bodies. let us limit ourselves to extracting out of what has just been said. in so far as I utilize are for my benefit. My species. depositary of the traditional legacy of institutions and of principles. But if this be so then what is individual existence? A pure This assumption that the individual exists for the is too easily adopted. is to the brain. my race belongs to me. that is to say the guiding personality which advises and commands. which are sources of new needs. and. of the cessors powers and of the enlightenment accumulated by its predewhich it carries on. from another standpoint. and life. It is a certainty that the State has no existence except through the nation. in the only true and plain sense of this word. the §24. the evil. "causa sui. The itself. there . or by the new productions of industry and art. and. This is metaphysics. an antique thing. of a carry- ing away by example combined with a hereditary tendency. truly free. we are told. However. He has thus become eternal himself by means of this conquest. I admit it. an ancient thing. However absolute may be the monarch in whom it has its incarnation. well. I make use of these things and they are mine. which. which he subjugates and directs. the following conclusion: the "myself" is to the brain what the State is to the nation. utilizes and augments this legacy by means of its decrees and instructions. which are everlasting. by means of its conscious and voluntary acts of each day. as we know. and my government." and. the physical chemical atoms. in the same language. The individual was born yesterday. the State. and new ambitions. new powers. in the long run converted into administrative habits added to those already existing. which are analogous to the perceptions of the senses. but in being born he has appropriated to himself his family and them they his race. now. as a review of the whole of it. nonentity. in a deep sense the true.

w^th the criminologists of the positivist school. vague and constant. when the Does organism. finding a higher and a broader expression in the discoveries of science and the inventions of industry. act which is deliberate. in telegrams.130 is THE THEORY OF RESPONSIBILITY its [§24 not a single one of these innovations which does not in own manner interpret this national chorus of confused warnings and summonses which are to be more or less heeded. as. in body by the fact centripetal nerves. Some decisions. in letters. we might as well say that it is of little importance to inquire whether the State of France has participated or not in the injury caused by some of our nationalists to a However. that literature opinion. From each from each corporation and from each brotherhood. modifying action of the State and of the "myself" upon their own foundation have a tendency to lessen or to increase? To increase without any doubt. So we are not permitted. that. to look upon the question of knowing whether an action which is prejudicial to another emanates from the will or merely from the organism of its author. Moreover. if I have made myself . in newspaper articles." suggested by particular theories. in the works of literature and art. emanate small thoughts and small wishes which are continually being given expression in talk. some wishes. may have for the effect of profoundly modifying cenesthesia. and which I have compared above to the bodily feelings. For. undertaking. as the organic life depends upon the "myself. as being of secondary importance. in comments. until they finally become realized When we say in protestations of belief and acts of government. absolutely conscious and willing. I do not mean to say by this that an foreign nation. that men of genius are is the representatives of their times. afflux of millions of nervous activities brought from every point in the point of the social body. that the true government we are interpreting under different forms this truth. is the only one which creates responsibility. is the reflection of society. changes this its example. for venturesome physical and social surroundings. this truth must be completed by this other one. Each new step along the way of political or of organic centralization places greater powers in the hands of the directing force. may have the effect of transforming the education of the young. in which Ribot sees the absolute basis of the personality. the social life depends upon the State. to a great extent also. obeying an arbitrary desire for travel. in complaints. that is the social personality the result of the social life. arising from accidental meetings and perceptions.

person strengthened. but one can see here to what a disastrous consequence responsibility of the agent if it had willingly it will lead. More and more does the studious man become absorbed in his parent-idea. Thus is the of responsibility gains strength. it is a contradiction in terms. of which our voluntary decision is the complex effect. the features become hollow or are brightened. if a crime is committed by reason of habit with the ease of a reflex action. which is almost unconscious. external or internal. as we have seen it to be in so far as it applies to freedom. the man of action in his chief aim. it seems to me that it could to better advantage be applied to identity. followed by conclusions. it is formity with the national collection of habits the deep stratum of institutions. The State acts." an ideal conceived of by the so many souls is who are religious and sure of their posthumous immortality. The classical doctrine of responsibility founded upon free w\\[ demands the opposite. and but one cannot cast any doubt upon the that is to say our consciousness. idea which we have the gradual realization of it. realized better and better at each step taken along way of logic and finality. and the foundation . it is the of knowledge. it is not true. Now if the theory of Fouillee on the "force-ideas" is an illusion. becomes accentuated in the But it is certain that our personality same degree as it is strengthened and that the perfect identity of our "myself.§24]' clearly DEGREES OF IDENTITY understood. one may deny the reality of our person which is original of it. It is not true that by reason of believing ourselves to be free we become independent in the slightest degree in the world of the ties of causation. that belief in this ideal indeterminateness of our will determines identical with itself. the artist in his own shade of beauty. Besides. our point of view demands that the be involved even more strongly than been done after deliberation. and deliberations followed by decisions are but the "myself" in process of being formed. perceptions 131 reasonings and movements. in conspirit. the "myself" acts. of talents and and beliefs in conformity with the slowly changing character. Thus. in the same way as the doubts and discussions of Chambers or of Cabinets followed by laws or by decrees are but the State in process of formation.

the "myself" proceeds to become more and more identified with itself so Without taking into account every one of these shades to speak. assuming that he is undergoing It is therefore not true that one is at all ages as modification. just as a State. subject to alternate rise and fall.132 THE THEORY OF RESPONSIBILITY (IV) [§ 25 § 25. The normal alterations of the personality not being accomplished with an equal slowness either among different individuals or at the various ages of life. their majority this be. becomes ossified. a State stirred up by continual revolution cannot hope for any lasting alliances. that after having been transformed with relative rapidity during childhood and adolescence. However will have no difficulty in recognizing the importmay ance attaching to the point of knowing to what extent a person. it is an easy matter to establish this general fact. the day before yesterday. has remained identical with itself between two given The credit of a State no less than its responsibility depends dates. is but slightly modified. and the other in cases in which those who have attained and adults are concerned. far from proceeding to differentiate itself more and more. reforms which should be introduced therein. The period of these limitations should be lengthened in proportion as there shall be occasion to believe these alterations to take place more slowly. it will be advisable to give some attention to these differences in fixing the period of limitations in criminal procedure. one . is conThere comes an age when. to periodical fluctuations. During certain outbursts of passion Personal identity comes and I am very far from being myself. goes. the person stops. much shorter. But in the which establishes the same period of limitation in criminal cases for young people and for full grown men is partly founded. much longer. in cases in which minors and persons not arrived at puberty are concerned. it seems as though the law might at least prescribe two periods of limitation for the prosecution of crimes : the one. I am more or less what I was yesterday. laries Let us point out in closing one of the legislative corolfrom our point of view. Foundations of the limitation of criminal prosecutions. midst of this undulation which no formula is able to fix. ten years ago. from this time on. a year ago. much more different from oneself as more time shall have elapsed This presumption. upon the greater or lesser degree of stability and of permanence of which it gives proof to the eyes of its neighbors. upon which legislation since a given date. and. tradicted by the observation of facts.

§26]

CIVIL RESPONSIBILITY
§ 26.

133

(V) Civil responsibility.

Our theory

of responsibility, let us observe, has the

advantage

of being applicable to civil cases as well as to criminal cases.

Now

civil responsibility

has remained outside of the discussions
;

up by the question of free will this means that it is understood by everybody as resting on a foundation other than this
stirred

mysterious faculty.

I

know very

well that, according to morahsts

and

jurists,
it

a contract does not bind the
freely consented to.

man who

has signed
is

it

unless

was

But the hberty which
is

here

involved, as everywhere in the subject of obhgations,
will,

not free

that inherent quality of the will of having been able not to decide as it has done; it is the absence of external restraint, that inherent quality of the act of being in conformity with the will of
of a promissory note might say in he yielded to an irresistible passion for a woman or for gambling, he would not any the less be held bound to pay it; he is gallant, he is a gambler, it is his character. Perhaps it might be otherwise (here the suspicion of madness would
its

author.

The maker
it

vain that in signing

come

if, in signing this paper, he had yielded to an was entirely an exception in his life; if, for example, having up to that time had a horror of gambling, he had

into existence)

incentive which

contracted this debt in order to play baccarat.
ference?
signed.

Why

this dif-

Because the question

is

whether he was himself when he

In the case of the
of the creditor

civil responsibility for

an obligation one has

to take into account the presence of two personal identities, that nal responsibility,

each other,
is

and that of the debtor, just as, in the case of crimiwe had in contemplation, and face to face with that of the guilty man and his victim, or of the repreJust as in fact the person of the debtor
his heirs or of his assigns, so
is

sentatives of the latter.

carried

on by that of

the person
of his near

of the victim carried on, at first in old times,
relations,
in

by that

and

later

by that

of his fellow-citizens, of his compatriots

the ever broadening meaning of this word.

This

fictitious

carrying on of the person of the victim implies a high social state

which has increased the bonds of solidarity between the members of
the same nation.

Thus is the guilty man held liable to liquidate a sort of debt towards society as a whole personifying his victim.
But let us notice the important distinction which has arisen between civil responsibility and penal responsiljility.

the two evolutions of

134

THE THEORY OF RESPONSIBILITY
effect of this progress

[§27

The

has been to enlarge the group of those

interested in defending the victim to the point that in the

end

they forgot the fiction with which they started out, which was, that the man who denounced or the man who accused someone of a crime was the person who was the representative of the victim and had a right to denounce and to accuse only because of this
representation.

So

in criminal trials the responsibility has little

by

little

ceased to be considered as a bond between one person and

it has come to be regarded as the bond between a person and a purely impersonal being. On the other hand, prog-

another, and

ress has left the person of the debtor limited to the debtor himself

or localized in a narrow circle of assigns
tion has never ceased
to be

;

so that the civil obliga-

persons,
socially.

and

I will

and to seem a bond between two add between two persons more or less alike

§

27.

Our theory agrees with the

historical

one of

responsibility.

It is easy to review in two words the theory which has just been set forth. The responsibility of one person towards another assumes the following concurrent conditions 1st. That there exists a certain degree of social similarity between the two persons. 2d.
:

That the first, the cause of the incriminating act was himself and has remained or seems to have remained identical with himself. Moreover, as we shall see, penal responsibility, no less than civil, is
always in the nature of a debt, that is to say, its nature is to produce a satisfaction judged to be useful to the person or to the group of persons who have the right to invoke it. Penal utilitarianism, in this sense,
is

as old as the world.

Now

let

us

show

no metaphysician's system, but that responsibility has always been thus understood in every period by popular instinct. If founded upon free will, this idea is very hard to reconcile with the history of the penal law, and, if it seems to agree with existing legislation, it has a tendency to create a gap between the latter and reforms in the near future, such as are demanded by determinist science. If founded upon identity and similarity, it accounts for the past and allows the present to bear some relation to the future, and the old prejudices to the new
that this
is

principles.

§ 28]

PRIMITIVE FAMILY SOLIDARITY
(I)

135
Siirvivals

§ 28.

Family

solidarity

of

primitive

times;

vendetta.

of

these past times, reprisals.
tie is as energetic and as persistand strongly binds together the members the same clan and segregates them from the rest of the world.

In primitive times the social
it
is

ent as
of

restricted,

This clan appears to the other clans as a living unit, as a single person who never changes or dies. It is true that sometimes the various clans resemble one another very much in language,
superstitions, the rudiments of

industry,

and

in

customs

;

but

again they are often very unlike, although placed alongside one
another.

When
as

they

differ

very much,

they look upon one
tie

another
bility

absolute

strangers

whatsoever could exist They can but But when they alternately serve one another as quarry. resemble one another in a varying degree, they feel themselves Under in a certain measure to be socially fellow-countrymen. these conditions, if the theory outlined above is the true one, responsibility for crimes committed by one clan upon another but it ought to make should be collective and not individual itself felt very deeply in all directions and to last indefinitely. Now this is precisely what takes place, the phase in question is
;

and no true between them.

of

responsi-

characterized

by the prevalence

of fierce

and

irregular vendettas,^

a reciprocal form of punishing from whence proceeds our justice.
It
is

not that during these same periods individual responsibility
;

the crimes committed by a relation against his own kin, within the clan, aroused its intense feelings. But these crimes which at that time appeared more monstrous than they do at the present time revealed a character of madness, or rather of family suicide, "which often

was unknown

their nature

tended to disguise moreover, they remained hidden in the bosom of the family, guarded and walled in, where the observation of the
;

legislator

would not penetrate.

From

this, for

example, arises the

^ If originally families who were a part of the same tribe resembled one another very much, the tribes scattered over the land must have been very unlike. Also the vendetta between one family and another is more persistent than the

hostility

between one tribe and another, and we must not confuse the feeling of savage, but deep, justice, which inspired vendettas, with the need for extermination which drove certain heterogeneous tribes to massacre one another. Let us add that, as we shall have occasion to say later on, for wrongs committed within the
its

family to the prejudice of
revengeful,

own members,
feeling of

and

far

was inspired by a more pure.

what was

the penalty, which had in it nothing right very much more profound

136

THE THEORY OF RESPONSIBILITY

[§28

omission not only by Draco, but by every barbarian legislation, of parricide from among the crimes susceptible of punishment.
It
is

not at

all,

as has been innocently imagined, because the

severe Athenian legislator did not allow for the possibility of such

a transgression; it is because parricide, an intra-family crime, falling under the special law of the family, was only cognizable by
the domestic tribunal, a sort of paternal court of appeals too often forgotten by our criminologists,^ when, for example, they derive

penal justice from revenge and retaliation as
source.

its

only primitive

Their error, which is very excusable, arises from what they have not seen, and have not sought to see, and that which was never shown them: the action of that occult and private justice where remorse, repentance, pardoning, and the feeling of morality such as we understand it played a great part, if we are to judge by the remains which are left in China, in Kabyle, and especially
in a gorge of the Caucasus,

among
as

the tribe of the Ossetes.
of a political

As

serious

an

error,

indeed,

would be that

writer

should take the Federal Constitution of the United States to be the sole law of that great federation, without taking But in spite of into account the particular laws of each State.
everything the theoretical consequence of this forgetfulness has not been as annoying as one might have feared, and the conception

who

which has been taken of the evolution of the punishment of crime has not thereby been radically perverted, at least from the formal point of view. In fact the domestic tribunals have unfortunately contributed in a small measure only, as we shall see, to the origin of our judicial courts, to which they have only lent, what is still important, the spirit animating them, the character of moral stigma which belonged to them and which they have added to the vengeful and atrocious character of the penalties of the The odious nature of punishments in the Middle Ages, latter. for example, is thus explained by this enforced spiritualization
of brutal ferocities.

This

much having been noted, let us continue. When a barbarian who had been wronged thought
See,

it

legitimate

1

on the subject of these tribunals, the learned work of Dareste, "Etudes

sur I'histoire du droit" (1889), especially pp. 148 et seq. See also "Evolution juridique" (1891), by Letonrneau. The first of these two authors saw the contradiction which the existence of this domestic justice offers to the accepted theory of the entirely material and brutal conception of crime and its punishment among

our far distant ancestors.

§28]

PRIMITIVE FAMILY SOLIDARITY

137

to punish another barbarian, because the latter

was the brother

or the cousin of the offender, obviously the culpability of persons

depended

in his eyes

upon a

totally different principle to that of

will. Here the man punished had been neither free nor otherwise to commit an act of which he was not the perpetrator. Nevertheless we find written everywhere, at the head of ancient customs, this law of family solidarity, of hereditary reversibility of penalties as well as recompenses, which shocks our narrow rationalism. Proofs of this universal singularity abound. In the world of savages it is the rule without exception. "For the Australians," says Letourneau,^ "no death is natural, every decease is the work of witchcraft planned by an enemy, and the strict duty of relations is to avenge their dead by killing, not exactly the presumed author of the murder, but some member It is needless to cite other examples. of his tribe." Among the barbarians the universal custom of vendettas, of vengeances from family to family, from tribe to tribe, shows the persistence of the ancient prejudice in this respect. The Gallic law permitted the family of the offender to buy back, for a money consideration, the right of revenge which belonged to the family of the offended against the guilty: but, "a peculiar thing," remarks Beaune,^ " the latter did not alone have to bear the expense of the indemnity. He only paid a part of it; the rest was defrayed by his relatives, both paternal and maternal, the former paying twice as much as the latter. Responsibility only ceased with the ninth degree." ^ Similarly in the Prankish law, every family has a right to take vengeance for an outrage committed upon one of its members, unless pecuniary composition has been made. The half civilized

the pretended freedom of their

States of the ancient Orient, Persia, Syria, Assyria, and India,
all inflicted

upon the wife and the children

of the criminal the

punishment, generally of an atrocious nature, to which he himself was condemned.* China also, previous to the third or fourth century of our era, attributed to crimes and penalties in general
(excepting of course that which has just been said as to offenses

within the family
^

itself)

this collective character.

A

great step

"Evolution de la morale" (Paris, 1887). "Introduction a I'etude du droit coutumier," p. 59. ' In this old Gallic law, relationship which we would term near, extended to the eighteenth degree. From this one sees what a powerful collectivity the ancient family formed. * Thonissen, "Droit criminel des anciens peoples de I'Orient," Vol. I, pp. 70
2

and

158.

138
in

THE THEORY OF RESPONSIBILITY

[§28

advance accomplished by the law of Moses consists in not com"the father to die for the sake of the children, nor the children for the sake of the parents," which goes to prove that
pelling
'

until the date of this prohibition the family guilt, because of the

fault of a single individual,

was recognized

in Israel.

In England, it is only from the ninth or tenth century on that the woman ceased to be beaten for the crimes of her husband; but

under Edward the Confessor again, each guild was responsible as a whole for the offense committed by one of its members. Moreover, even among the more or less civilized peoples who have for a long time admitted the individual character of offenses and of punishments on principle, the old principle survives or is resuscitated in certain particular cases, for example, on the occasion In Egypt "the of crimes of a religious or of a political nature. mother, the children, the whole family of the conspirator was given over to the executioner." ^ In Mexico under the Aztecs, not only was the vestal guilty of having broken her vow conto be buried demned just as in Rome, singular coincidence alive, but even her relatives were banished and her native town destroyed.^ In the same way, in Peru, if one of the wives of the Inca were convicted of adultery, the relatives of the two guilty persons were put to death together with them. In Greece, during the war against Persia, a senator having been of the opinion that the proposals of the enemy should be heeded, he was stoned, and the women ran to his house to stone also his wife and his children. When the accused, in Athens, died in the course of a criminal procedure directed against him, it did not abate, as with us; it was carried out against his children. "In striking down the children of criminals," says Thonissen, "the judges thought to imitate the gods." We often even see the neighbors in the same village criminally liable for one another.^ This was so in Germania, where the inhabitants of the same "march" not only "ab intestat" succeeded one another and were able to exercise against the purchaser of the share of one of themselves a sort of "repurchase by neighbors," a survival no doubt of the former indivisible nature of their community property, but again "were responsible for the crimes committed upon the territory of the 'march' or of which the

1

Deuteronomy.
Lucien Biart,

^

Thonissen, op.

cit.

3 ^

"Le Mexique."
cit.,

institutions

See on this subject, Dareste, op. de la France."

and Glasson, "Histoire du

droit et des

§ 28]

PRIMITIVE FAMILY SOLIDARITY
..."
Certainly this

139
soli-

perpetrator had therein taken refuge.
darity of neighbors
is

nothing more than an imitation of family solidarity, or even in the last analysis rests upon a presumpIs there

tion of relationship.

any necessity

of recalling that in France, in the case

of crimes of high treason, this fearful
sibility

archaism of family respon-

The relatives of Damien were banished as had been those of Ravaillac. But even in our own day does there not remain something of this old
survived until the eighteenth century?

which makes us consider the mutually responsible for the misdeed committed by one of them? The immunity of parliament, by virtue of which a deputy or a senator may not be prosecuted without the authorization of the assembly of which he is a member, as though the latter judged itself to be in a measure responsible for his honor, is derived from the same source. Morehistorical prejudice in the fiction

members

of a ministerial cabinet as

over,

among

the illiterate classes the old prejudice

is still alive.

A few years ago, for example, according to Ferri, an Italian stabbed
a soldier

whom

he did not know, because another soldier had
this.

offended him some time before

It means simply that members of the same natural group, be it tribe or patriarchal family, went to make up an indivisible, an indissoluble whole, a truly identical and imin the eyes of primitive

What

does this ancient custom signify?

communities

all

the

mortal person.
of a crime

In vain might they be aware that the perpetrator was such and such an individual and not his brothers,

all his brothers along with him,^ just as nowadays, though we may believe that the cause of a crime resides only in one portion of the brain of its perpetrator, we sometimes make his entire head fall under the blade of the guillotine. Then we take as our basis the limited solidarity which binds together the

they struck at

organs of the same individual; at other times, that which is fictitiously reputed to unite the ministers of the same cabinet

and

to

make

of

them but a

single being.

Our
of the

forefathers took as

their basis the solidarity, in their eyes their times
'

no

less exacting,

which

in

bound together the members

same

race.^

When

In the beginning, in fact, collective responsibility was always understood

ought to be punished at the same time. But owing to the modification of customs, it was understood in this sense, which was more human, that some member of the family ought to be punished. ^ Artificial families having everywhere come into existence after the model of natural families, the same fiction was applied to them. Even in the very midst
in this sense that all the relatives

later on,

140

THE THEORY OF RESPONSIBILITY

[§28

the relaxing of the patriarchal sheaf allowed them to distinguish between the guilty man and his family, they began to admit the
principle of the individuality of penalties. as the progress of medicine

In the same measure and psychology allows us sometimes to distinguish between the diseased and the healthy portions of the same brain, between the madness and the person, we are led to
spare the latter while defending ourselves against the former only.

So the nature

of the conception of responsibility has not really

changed, and, without breaking the thread of historical evolution, we are able to advance along the new paths opened up by the
alienists.

may be made that collective responsisometimes rested on the assumed complicity of the relatives, Be or else on the fear of their vengeance reputed to be likely. it so; but even this presumption of complicity and of vengeance bears witness to the strength of the family solidarity which uniPossibly the objection
bility

We must not confuse, moreover, versally suggested the former. with the examples given above, certain facts which seem to resemble them. Under Augustus, when a master was assassinated
by one
of his slaves who remained unknown, all his slaves were put to death. Here, obviously, the penalty only fell upon the entire group because the disadvantage of hurting the innocent seemed preferable to that of leaving the guilty unpunished. But everywhere in the legends of the far-distant past fratricides, parricides, to say nothing of infanticides, abound; how

reconcile with this fact the character of close union, of absolute
indivisibility,

which so many other

facts justify us in attributing
if

to the primitive family?
lects that the ancient

The

difficulty resolves itself

one

recol-

family was an entrenched camp, assailed

upon

penalty of destruction.

and constrained to enforce an iron discipline under What happens in all barbarian armies must have happened therein: there was no medium between criminal rebellion and passive obedience, between treason even to the extent Furthermore, that of murder and devotion even unto death. domestic ties have gradually lost their force and their extent, in the same proportion as political ties have gained strength and
all

sides

of the seventeenth century, the Criminal

Ordinance of 1670 admits that the communities of towns, boroughs and villages, corporations and other legal persons are In such a case their syndic represents them; he has capable of commitiing crimes. to undergo the interrogatory and all the different phases of the examination (including the rack.''). See du Boys, "Histoire du droit criminel chez les peuples modernes."

§28]

PRIMITIVE FAMILY SOLIDARITY
admit of the shadow of a doubt.
?

141

extent, cannot

Is it necessary

to give one of the thousands of existing proofs
thirteenth

I shall seek

it

in the midst of full-fledged democracy, at Florence,

where

in the

and fourteenth

centuries,

by virtue

of the formidable

"Ordinances of Justice" of 1293, a crime committed by a "magnat" against a "popolano" rebounded upon his relations to the seventh degree inclusive. Compare 1293 with 1793 assuredly our "Law of Suspects" can rival the sanguinary product of Florentine legislation as far as arbitrariness and despotism are concerned.
;

But the idea

of incriminating the brothers, cousins,

children of the aristocrats he

the revolutionary legislator.

and cousins' was pursuing did not even occur to As a matter of fact the suspicion

was well understood to apply to the relatives of the guilty; but they would not have dared to write that this should be so in law.^ At the same time, the object was, under the Terror, to slay especially the families of the nobles. Now, in every country and all times, the nobility has been distinguished by the high degree at of its family solidarity and it is noticeable also that it has always been especially reached by the principle of collective responsibility, which confirms my explanation of the latter. It seems," a priori," that plebeian families should everywhere be the more united, the greater weakness of the individuals calling upon them to bind themselves together the more in order to protect themselves but let us not forget the military origin and life of the noble families, especially let us not forget their relative splendor which arouses the self-esteem their members have in belonging to them. Still more than to a need of mutual protection is social cohesion due to from this the former family spirit, a need of reciprocal pride
; ; ;

^

Even

since the beginning of this century, the family has continued to be

very rapidly dismantled. The causes for the challenging of witnesses, as they are formulated by the legislator of 1805, are proof of this. The relation to the fourth degree is exceptionable, as well as the servant this shows that as late as 1805 the servant was a servitor, an integral part of the household. If the law were to be amended, I do not believe that it would be upon a presumption of deference towards their masters held by servants, or of the mutual devotion of cousins, that they would contemplate founding the challenges. The fact of belonging to the same political or religious corporation would have an entirely different import in the eyes of the legislator. Despite the individualism which reigned in the theories of the eighteenth century, the French family was still so much of a unit in 1789 that quite a number of the Memorials of the Three-Orders proposed to give a legal sanction, in serious cases, to the orders of an assemblage of relatives, organized in the form of a domestic tribunal. (See De.ijardin.i, " Les Cahiers des Etats generaux," 1883), and several Memorials do not even absolutely reject the idea of causing to weigh upon a family of a condemned person the consequences of his crime {op. cil.).
:

142

THE THEORY OF RESPONSIBILITY

[§28

the present patriotism, arises. The nations which are most exposed to invasion are not always those among which patriotism is deepest those defeats which imperil the fatherland do not always thereby make it the more precious to the citizens whom they have humiliated.
;

As the "gens" at
families of the

Rome and

in Greece, so the noble family

as an example for the "popolani" who strove to imitate it. The same thing happened in France. Again, every time the political current has turned against the aristocracy, whether it has been in ancient times, in the Middle Ages, or in modern times it is in compact masses that its members have been banished or sacrificed, and, in all times, these families have been more prone than others to be looked down upon or dishonored because of the fault of a single member. Let us cite in the case of France a passage from the Memorials of 1789. A large number of them ask for

at Florence formed the clan

and served

the maintaining of arbitrary orders of arrest in the interest of

"We must indeed take into account," says one of them, "the prejudice which, especially in the case of the nobility, causes the family to be responsible for each one of those of whom it is composed." ^ Again it was necessary that this solidarity should be very acutely felt in order to check the excessive individualism with which the Memorials, even those of the nobility, are generally imbued. The right of reprisal has always been exercised in time of war everywhere, when one soldier of an army has perpetrated some cruelty upon a soldier of the enemy's army, the latter believes that it has the right to be revenged not only upon the guilty man, but upon every one of his companions in arms and even against every one of his fellow-countrymen. This is an old military tradition, very hard to justify at our period of individualism, but
families.
i

which did not astonish anybody in the ages steeped in the sentiment of national and family solidarity. During the Middle Ages, even in time of peace, the right of reprisals was recognized, and, in the Italian republics, it had become raised to the height of an institution. If a merchant of

merchant to

Pisa by reason of his insolvency or bad faith caused a Florentine lose a certain sum of money, the town of Florence

demanded reparation of this loss from the town of Pisa, and upon the refusal of the latter to comply, the merchandise or property
1

Desjardins, op.

eit.

§ 29]

THE MODEL OF ROYAL JUSTICE

143

belonging to no matter what inhabitant of Pisa was seized in Florence until payment was made of the sum due. "In the year 1329 alone," says Perrens/ "Florence had six hundred livres

worth of reprisals against Perugia, two thousand worth against Fano, two hundred and fifty worth against Spoleto, fifty-five worth against Pisa, and twenty-four hundred against Forli, because of loans not paid back, or of stolen merchandise.
did Viterbo, Venice, nor Padua, though farther
reprisals of Florence
;

Neither

off,

escape the

sometimes they took the

initiative."

The

Italians of that time thought this

a right, and
those

it

was natural. "They saw therein did not enter into the mind of any of them to blame
use of
it.

who made

Never, as has been justly said, did the
of depredation to reprisals."

chroniclers give the

name

Why

in

time of war, why during warlike times, does collective responsibility tend thus to be substituted for individual solidarity if it be not because the social tie is very binding between fellow-citizens ?

Between these
identity
;

no longer any similarity, there is there can no longer be any question of similarity or of
latter there
is

dissimilarity excepting in the relations of belligerent States.
§ 29.

(II)

Royal justice took for its model, not the domestic tribunals of a former era, but warlike proceedings; malefactors everywhere treated as enemies.

criminality,
:

have said that, from the very earliest times, two sorts of two different sorts of responsibilities existed side by side one sort of criminality and responsibility, which is collective and which applies to the injuries caused by one member of a small State to a member of another, and an individual criminality and responsibility which applies to the wrongs of a member of a society towards his associates. It is clear that this distinction must have existed from all time, and that consequently a corresponding distinction must have been applied to the primitive punishment of crime. The chief of the clan, the head of the he was doubly family in old times had two principal attributes
:

We

a judge, both as protector of his children, and as the depositary of the ancestral vengeances and hatreds, of the honor of the ancestors.

Through him, for want of a higher authority, his family took justice into its own hands as against strange families, at the same time
"Histoire de Florence." See also Cibrario, "Economie domestique au age," Vol. I, p. 14f5. This right of retribution, under the name of "stamp duty," remained in full force until the fifteenth century.
^

moyen

144

THE THEORY OF RESPONSIBILITY
who had
disagreed.

[§29

as he rendered justice to his children
after this era of patriarchal

When,

parceHng out, monarchies began to make their appearance, in other words simple federations of families gathered together under the shelter of a sceptre, the need of a new form of justice began to be felt. Crimes committed by a member of one family to the injury of another, within the
limits of the empire, urgently called for a special jurisdiction,
distinct

from that

of the domestic tribunals

jurisdiction as well,
of

and from that military which punished by means of war the crimes

one nation as regarded another. Now this royal justice could be organized by taking as an example either the merciful procedure But of the domestic tribunals, or warlike usages and customs. while both derivations seemed to be equally admissible, it is a and in fact that only the second was realized, except that something of the moral spirit and truth it is very important feeling peculiar to domestic justice has passed into official justice. The penalty has remained vindictive as at the time of the vendetta,

but has become dishonorable, humiliating, like the family excommunication which fell upon the children who were guilty: a characteristic which punishment by means of the vendetta did not have, for a capital execution of this nature in nowise made the In Corsica and in Sicily relatives of the person executed blush. it is still the same. Moreover, for him who has no concern excepting with external forms and proceedings, public vengeance has been modeled upon warfare. Spencer, in a passage upon which we have commented, has very justly remarked that militarism and penal justice have advanced with the same stride. The atrocity of the proceedings employed by the latter even until modern times could suffice to demonstrate that it was modeled after the image of the carnage "One need not of war and not after that of paternal repression. be very well versed in ancient history," says Thonissen, "to know that primitive peoples [read the great primitive States] were in the habit of compelling malefactors to undergo the treatment to which they far too often submitted their prisoners of war." Thus it is that in Egj'pt captives were employed in the mines, and mingled with the great criminals, and that in Persia they mutilated the latter as well as the former. The origin of torture which goes so far back into the past, especially into the past of the time of the Pharaohs, cannot readily be understood unless one looks at
it

from

this point of view.

One

sees in the

Ramesseum a

picture

But then one could not be certain that they knew the thing that was being asked them. this usage having once become established. Perhaps ordeals same manner through the imitation of the diviners or by virtue of the same principle. after its advantages were recognized. of pecuniary composition is manifestly connected with this military origin of the punishment of crime." This brutality vented upon one's enemy in order to compel him to say that which one is sure he knows is odious. it conceivable that. which was so universal during the barbarian ages.''" §30. Besides this. that neither torture nor the ordeal were in use before the domestic tribunals. There has been a desire to see therein the proof of an absence of the moral sense among our forefathers. in the case of criminal punishment." introduced during the period of barbarism as a slow progress and with the object of pacification. we have reasons for the belief that the "Wergeld.§30] EXPIATORY CHARACTER OF PUNISHMENT soldiers are giving the bastinado to 145 "where Egyptian two enemies who are prisoners. but in no way absurd. It is as though the indemnities which we exact from a foreign nation for an injury of a criminal nature occasioned to one of our owti nation served as an argument for the outcries directed against our immorality. As long as the belief in national defilement . says the hieroglyphic inscription. individual transition. Later on. In every case the custom. Also. We can see that it is an historical error to contrast the principle of expiation. and this semi-obscurity of the proceeding here added to its ever present barbarity forbids us to believe that the idea of at independently from its its use by the judiciary was arrived use by the military. in the beginning offended the moral feelings of many a warrior. with the principle of social utility. it should attain its object. cries out in popular song: "Who would formerly have dared to receive money as the price for a father assassinated. It was natural to consult the gods on what decision to take in a criminal proceeding after having interrogated them on the probable outcome of a battle. having been unable to accustom himself to this innovation. witness the Danish chieftain who. that they may be compelled to reveal what the Klietas do. (in) Expiatory character of pxmishment . in order. originated in the Let us observe. is quite its emwas ployment for the discovery of crimes by means of the submission of the accused or of witnesses to tortures of a similar nature thought of. in passing. it is as old as combats.

it was perfectly logical in starting with the belief in the absolute similarity of God and the sinner. with its hatreds as with its loves. similar and immortal. when it is in the interests of the guilty man himself that this purging by means of the punishment is demanded. tarian in its exemplary and intimidating. has no less logically changed the . one believes that the nation is concerned that the penalty should be in the nature of an expiation. First of all. while partially reckoning it from the old relation between two families divided by an ancestral vendetta. In the second place. In their responsibility should have been very great or unlimited. in so far as it is It is true that even after the advent of purely individual responsibility. and to give it a Now right to punishment without end just as to eternal reward. in the last analysis what greater mystery can there be than the possibility their image. according to our principles. with its sufferings as with its joys. immortal like the god whom — even of death? of culpability an idea which had nothing of the mystical in it. seemed as though they had every reason to be connected with everything which emanated from it. The everlastingness of the person. that is to say. These families were.146 THE THEORY OF RESPONSIBILITY [§30 because of individual wrongdoing persisted. this really indicates that. which we create for ourselves. one feels the need of effacing a public stain and not only one which is of a private nature. were also reputed to be imthey had offended and after whom they were supposed to have been modeled. the depth of its reality. On the contrary. the penalty did not at once cease to be looked upon partly as an expiation. the souls of individuals mortal. whatever may be said as to this. or rather after its extension to take in crimes in general (for domestic crimes had always had an individual character). or seemed to be in their from which it follows that essence." frail flower of the organism. when. contrary to the principle which is being upheld. the punishment could not have any greater utility than this very function of expiaAnd it has always been utilition. while recognizing in speech the personal character of faults. But we must fully realize the sentiment to which this conception answered. of purification. this proves that the new relation established between the sinning soul and the outraged god has been conceived of. for. with its demerits as with its merits. From to the extent of believing in its immortality. nature as well as under other aspects. the lesser conception of the "myself. and with the belief in the identity of the guilty soul pushed this there followed.

the "myself. let us review what we have said. of its not come to price of the its future. (IV) Review and completion. as one can expect but short-lived joys therefrom." proud and sure of itself. In conclusion unit. as long as this austere and disparaging conception has light. this revived at certain times. whenever possible. of the the more felt. he seeks to re-establish himself by means of some brilliant action.§ 31] REVIEW in 147 notion of the fault and of the penalty. even at the most cruel torments. one of these forms of solidarity lessens and disappears. feeling is still Even among our alive or is ultra-civilized societies. last will rian side of the punishment of crime has assumed. to see between themselves and him a gulf opening up. whether it be admitted. with sparing itself from a dishonor of an indefinite duration and extent. The it one Putting in another way. But later on. But. which later on became the principal one. the interest . When a man has sustained an affront. In the eyes of a nation which a crime sullies. whereas the other extends outside of its own field: in proportion as the individual character of faults is offended took up the feud as a family of the offender. It is the revenge of public and private honor at the same time against the injury caused by the offense. The second has been to inspire within those who shall be anxious to follow in the footsteps of the malefactor a salutary terror. to make the guilty a better man. it is an indignant protest which is the equivalent of a importance and of rehabilitation. the the satisfaction of feeling themselves relieved of all complicity. was exemplaribe amendment in so far as that is possible. and. from all solidarity with the criminal. Originally the family of the one criminal. should be concerned. The third shall be. Thus expiation has been the primary form which the utilita- The secondary form. it seems reasonable not to have to any but evils of a temporary character. § 31. first advantage which was expected to result from punishment was to give the mass of honest people ness. lowered fear value in life has become infinitely our estimation. the penalty which is striking and atrocious is analogous to this exploit of a warlike nature. or whether it unconsciously feel this stain. who is but only against the There are two forms of solidarity here which are about equal: that which binds together the relatives of the latter and that which binds together the relatives of the victim.

after having led us gradually to affirm the individuality of every fault. and one combination of examples crossing one another. as a among themSociety consequence of their imitation of one another. as a consequence of social progress. so many malefactors benefit. and unique in itself. And. has tended to lead us to realize of society as a that everybody the case of a single person. Thus. this last truth tendency to compel its own implied acceptance: does not the increasing indulgence by means of which. should means of the progress of civilization. in proportion as a society becomes civilized. The criminal act. Let us now add that. is the result of two combinations which are themselves combined together: one combination of physiological and psychological attributes accidentally met wnth and transmitted by heredity. in punishing its delinquents too often resembles those libertine fathers who But. Now the more the elements of these combinations are multiphed. and in the case of the second which are the more is the act emanating from the ingenerally parallel.118 THE THEORY OF RESPONSIBILITY [§31 whole in repression is also better understood. in fact. and even beyond all measure. the following consideration justifies the more and more individual character of responsibility. closely united by heredity. cruelly punish the libertinage of their sons. the social surroundings. original. even between our relatives. the character. as happens in the case of the first by means of the progressive mingling of races. and responsibility which is purely private is formulated when public Perhaps there is occasion to remark that this action appears. like every other act committed in the midst of a society. the admission of also has a murder and theft in same reason might have caused the the vague and indirect complicity of all when a single is interested in restraining individual has struck or has stolen. social progress ought to go still further and be carried on under new forms. How can this be? By . contrast cannot be explained in an entirely rational manner. have its source in the confused feeling of the fact that the criminal is in many respects the fruit of the social tree? Our exaggerated individualism is at the same time contrary to our naturalism. of the living selves. and to our socialism. — — two by effects responsibility become individualized. If the multiplying of the relations. dividual under these conditions peculiar. on the other hand. which does not cease to remind us of the soli- darity of fathers and children. of the living and the dead. which shows the no less rigorous solidarity of fellow associates.

in occupying ourselves in the chapter which follows. . with the limitations or with the suppression of penal responsibility under the sway of abnormal states. which will allow us to pick out from this very complex being called the individual the distinct elements. we will only be applying to these exceptional cases the general ideas certain which are set forth above. of criminal anthropology. of which he is composed. such as madness and drunkenness.§31] REVIEW of the 149 or. if means development of mental pathology. and engaged along the lines to which the historical evolution of the punishment of crime has forced existing societies. though they may not be severable. you will. to take them to one side and to apply to the special treatment of each one of them the appropriate remedies. So.

the insane. two forms of assoVolimciation of images.^ but he explains it in his own way. Falret. which imply the reality of the identical person. Preliminary remarks. Neces43. (VII) Partial responsibility of the responsibility with social responsibility. an extenuating circumstance as it is more inveterate? Contradiction between the determinists and their adversaries upon this point. Moral madness. Hypnotism and identity." September. Reply to Binet. § 44.CHAPTER IV THE THEORY OF mRESPONSIBn. Psychology of the mystics. seau. obtained by the founders of sects or religions. (I) Preliminary remarks. the preceding theory must err because of an evident insufficiency. The various forms of madness. and of which it is but the sheaf. Great extent of moral transformations sity of surroimding suggestion. According to him. (H) Internal duality of the insane: Felida and Rous(HI) Duel within Responsibility or irresponsibility of great men. germ of our theory of responsibility had been indicated by us in a previous writing. (V) Consohdated madness. but in a succinct and incomplete manner. Mistake of contrasting moral (VI) Theory of responsibility by Dubuisson. (IV) Epilepsy. Madness destroys assimilation and alienates at the same time. Binet it is true adopts it. Heredity. salutary insanity. ^ "Revue . Sovereignty. Different causes of irresponsibility. §§ 33-39. Ammesia. in no way contrary to individual responsibility. 1888. Hj'pnosis and dreaming.ITY § 32. § tary decision is thus something other than a complicated suggestion. In the eyes of the philosophers who are inclined to resolve notions of morality into moral feelings instead of recognizing the fund of implied opinions and accumulated ideas of which every feeling is but a condensation. intermittent madness. Old age. Reply to Binet. Slowness of great conversions. Moral conversion. § 42. Drunkenness. madness due to alcohol. Analogous illnesses of the social body. Different causes of irresponsibility. Effects of penal transportation. Age and sex. Homicide by reason of imprudence and homicide in a state Should drunkenness be more of of intoxication. insane. state opposed to true madness. The moral sense. Remorse and repentance. § 41. § 32. The criminally mad and mad geniuses. we judge a man to be morally responsible for a bad action which he has committed when we believe that we have See his short and remarkable article on " Responsabilite morale" in the It should be observed that the philosophique. § 40.

it would not follow that the law should take no account of it. I reply. in maintaining that this murderer who has just killed some- one without being molested for insanity. Thus the conflict of two feelings would give rise to all the difficulty in the problem and the result of this duel within the enclosed field of our sensibility and our imagination. for example. that is all. we judge him not to be punishable. or rather he displays or reveals it to itself. Whence Binet concludes that moral responsibility. a mass of acquired certainties? With the moralist who reasons out his feelings. He justifies his indignation in his own eyes. convictions seem to them to be passions in disguise. According as the jury is the more impressed by the punishment of the crime or the prospect of the guillotine. and in no way of our reason. first of all. would bring about the result of the decision sought for. let us add when the indignation thus brought back to the guilty man is stronger in us than the pity which is inspired by the thought of the punishment incurred by him. and not during an attack of more people unless he be put out of the way. as when. that this conclusion does not follow from the premises. our repugnances. when this action conforms to the nature of its perpetrator. I would say rather that passions are convictions which are accumulated and deep rooted. If. if it is not because he believes that murderer has remained identical with himself since his crime? feeling of indignation not true that this opinion of identity alone serves to cause the provoked by the contemplation of the act. pity is stronger. 151 the right to carry back to this his action has man the feehng of indignation which that is to say. when the agent has remained the same since he acted. will kill still it. it convicts or acquits. Were it true that the idea of moral responsibility had in it nothing but emotions. are the unconscious expression of former experiences of an injurious nature. and our likes of former experiences of a useful nature? At the bottom of that horror which a crime inspires is there not. And why this It is does he maintain this. . the condensed utilitarianism of all mankind. being a purely sentimental thing. our penal legislation should cease to be dependent upon it. Do they not know that our hatreds. on the other hand. Who has better shown than Binet and his friend Fere the importance of the ways of feeling in psychological and social life? Their fault lies in often exaggerating it.§32] PRELIMINARY REMARKS caused us to feel. the latent convictions of the past seek to become conscious once more. this opinion gives rise to this to be carried back to the agent. so to speak.

that we should judge the guilty man to be identical with himself when acting. The second to ourselves. we would not begin by being indignant against an assassination "in abstract©. And the jury knows this perfectly well. when the law imposes a punishment upon them which we consider excessive. I repeat. while acquitting because it finds the law to be too severe. accidentally. directly and primarily. or the verdict of reason. let us beware of placing these same rank." excepting that we would afterwards become indignant against the assassin. If the law were to impose a lesser penalty upon them. when. the hidden spirit of every chastisement worthy the name. The natural effect of it is two opposite the crime and it is the criminal is to arouse our indignation. it is only influenced by the variations within the criminal. condition is that we should judge him to be similar without this neither indignation nor compassion are possible. from the point of view which concerns feelings in the us. No. hypothetically detached in an abstract manner from the criminal being. secondarily that they arouse our pity. There is nothing so very sentimental in this. The level of indignation. in certain cases.152 feeling. to the exclusion of the former. it is against the assassin. is the punishment. But is it only when we are aroused. this feeling would not be produced We will never feel indignaof any crime. or at least of a severe censure. may result his insanity. Moreover. Thus it is this latter feeling by which responsibility should be measured. tion against the entity of the crime. that our indignation is directed. on the contrary. that we flay. whence. As a matter essential of fact. censure. This shows that legislation. whence may result the inoffensive character of an act formerly characterized as a crime. and that we judge a man to be . and. it judges the guilty man to be worthy of a lesser punishment. at the sight or the recital of the assassina- tion. or the malevolent character of an act formerly lawful. that rises or falls with the changes in a function of legislative variations. It is to the extent that the malefactor reflects our own image for us that we do him the honor to be indignant against him or to feel pity towards him. the first condition of our is becoming indignant. remains unchanged by these external modifications. are filled with indignation. our pity would diminish and would be surpassed by the opposite the level of pity it is feeling. that we censure. THE THEORY OF IRRESPONSIBILITY [§ 32 by the contemplation without this opinion. and by the variations within society.

suggests to us. such and hypnotism cause one to be irresponsible? We shall attempt to answer this difficult question. while. extent. and. intoxication. are for the most part the result of our aesthetic opinions and not vice versa. and is proportioned. This objection having been set aside. the true judge is not. thus the former does not spring from the latter. which appear to be spontaneous and which the contemplation of acts which are wrongful. our is Christian. has been founded. but more briefly. The latter rather proceeds from the former. for the ideas which our reason elaborates within us upon the nature of duty and the scale of faults act as a powerful modifier of the emotions. we shall deal with the others. as madness. in the course of a later chapter. us go on with our do certain states. it attributes to the crime for which we judge him to be responsible.§ 32] PRELIMINARY REMARKS If 153 is punishable from a moral point of view? its the jury the slave of Being accustomed often to pass judgment as to responsibility at once deadens the feeling of indignation. There is an inverse ratio between this way of judging and this way of feeling. impressions. the strength of this judgment increases. Now this emotion is the complex result of two different sorts of ideas. either according to the degree of responsibility which our reason. by virtue of certain principles which are conscious or unconscious. Let us not confuse these two sorts of considerations let as Binet seems to do. on the other hand. In the present and the preceding chapter. most enthusiastic plaudits at the theatre or concert. investigation. but with the necessary reforms which . because it It is thus that our admiration for the aesthetic. I new criminologists do not say with the radical revolution which our dream of. by virtue of other principles. we limit ourselves to the study of principles of the first kind. Our object. attributes to the delinquent. Our theory of irresponsibility should serve as an annexation and a counter-proof to our theory of responsibility. An exhibition of nudity such as an Athenian would have applauded scandalizes the modern public. so does the former pretend to be in accord. or which are judged to be so. or ought to be founded. or according to the degree of gravity which. in this work. old age. for To what and what reasons. just as the latter pretends to agree wath the historical evolution of the penal law during the past. is precisely to investigate and to test the principles upon which our feeling of indignation at the sight of the misdeed and the malefactor is founded. epilepsy.

^ are not of this opinion. and I believe that they are quite right in resisting the responsibility. irresistible current drives science to its usurpaits tions and to conquests. personal identity persistence of which Now the more perfect as the internal harmony." speak of this again further on. as one of the first of these men. as so many of the young savants suggest. to recognize the fact that "the to be up to this time. to the recent researches of our hypnotists and anthropologists. Paul Dubuisson among others. de Aramhuru." See his remarkable study entitled "Essai de theorie positive de la reWe will sponsabilite " published in the "Archives d' Anthropologic criminelle. : these two conditions the greatest possible similarity between the society members same is and the most lasting. But the question is whether they should be without limit and whether logic condemns us." a book of incisive and heated criticism directed against the new Italian school. that is to say. the it is. which. A violent. Dally. tion. is no less formidable than the old one? Many distinguished alienists. be denied that the field of irresponsibility has grown out of all proportion in our day and that its unceasing extension is the characStill very restricted in teristic of contemporary penal science. We have above made a study of but we have ideal. in spite of the classicism of his In his makes this sad admission. and the progress "Nueva ciencia penal. the new Bastille of social responsibility.^ the eighteenth century. is general enthusiasm. Is it indeed true that of this old and venerable is idea of moral responsibility there it is urgent that its it be razed to its nothing worth retaining and very foundations in order to erect in stead. is and the field of teratology extended while that of the old penal law ^ is becoming more limited. the most absolute possible identity of the author of a wrongful act. to that of Morel in regard to hereditary degenerates. and lastly. to Esquirol's doctrine of monomania. moreover. owing to the thorough observation of Pinel. it assumes. scarcely mentioned that responsibility which tell perfect. To the truth this latter implies a contradic- As a matter of the of fact. according to our principles.154 their THE THEORY OF IRRESPONSIBILITY [§ 32 Indeed it cannot complex effort is preparing for the future. He is compelled number of patients is greater than it was thought number of criminals is less. . it has increased by means of a series of encroachments. Fere for example. limited to cases of absolute madness. is the more complete." and that thus "the ideas. as of social the individual 1 is the more moral. and unlimited. has dared to say in the course of a discussion which has remained famous in the annals of the medico- psychological society. to the absolute assimilation of the criminal and the that lunatic.

if not a radical heterogeneousness of the social surroundings. of individual originality. The idea of absolute irresponsibility is no less contradictory than that of absolute responsibility. ' tive degree of logic Let us observe a difference between these two contrary ideals. at least a radical alteration. that the hypothesis of a man more or less honest who. properly speaking. There is also in each given physical state. is applicable. that is to say. never have anything criminal about him. Unlimited speed. still more with the carrying out of an act which was criminal. lutely So that my hypothesis of a man absois and fully responsible in the criminal sense of the word that of an absolutely moral man who in the midst of surroundings which are crime. imperiously . The ideal of socialism and the ideal of in- dividualism cannot be realized at one and the same time and without damaging each other. has a moment of failure. That which is realized at each instant is the hypothesis to which the idea of finite. precise responsibility is. of life. unlimited force. the accentuation of individual identity. in surroundings which are pretty nearly honest and which he resembles only to a certain degree. 155 means not possible beyond a certain degree except by It is only given to very hon- est people to imitate one another more and more without society becoming disorganized. an impassable maximum of speed. That superlaand finality which makes personal identity perfect. in immoral surroundings. a man conforming perfectly to these surroundings would only commit crimes which were excused or approved by opinion. in a given social state. Besides this. From this it follows. but which civilization tends to extend unceasingly. would be unable to progress beyond a certain point without coming into conflict with the progress of social assimilation. are not less contradictory than unlimited guilt. that the necessity of joining the two conditions of moral responsibility impose upon this man. limited. Again one can say that. would. a total and incessant transformation of the person which would be incompatible with the simplest phenomenon of the consciousness.* Again. which would make all society impossible.§32] similarity is PRELIMINARY REMARKS of the progress of morality. etc. but of general honesty as well. also absolutely is moral should be constrained to commit a This contradictory. a maximum which cannot be exceeded. unlimited duration. of force. for it assumes. and this consequence has its bearing. Thus the maximum of individual re- sponsibility implies not only the maximum of individual.

§ 33. makes us the "myself. and that the insane person is simply a pathological thing. properly speaking. absolute irre^sponsibility. The abnormal "myself" only listens to and believes itself. the overthrow of society. and nothing less than their pressure upon one another substitutes for the old demands first of all a full organic harmony. This is so true that the directors of asylums often inflict upon the most incurable madmen certain punishments in order to avert the recurrence of serious infractions of discipline. better still. and then. thought. and feels nothing." But the very greatest cerebral derangement does not de- mand. and takes away from the action and reaction of imitation which radiates from all sides.156 THE THEORY OF IRRESPONSIBILITY [§33 even in the case of the lunatic who has come to the last stages of incoherence. "Mens sana in corpore sano" is only to be found "in societate sana. in reality between the slowly changing "maxima" and "minima. from this there results. It is never anything but "practically" absolute." although more and because than not it may cause the latter to take the direction towards which it already inclined. which is not said. and the maddest madman can exist in the midst of a society which is in admirable equilibrium. . or at least does not to the same extent demand. in the case of the demented. Let us now run over these latter and let us first of all give our attention to madness. for as soon as it ceases to be impressed by the salutary contradiction of the selfesteem of others. thinks. among other consequences. the self-esteem of the "myself" swells up beyond all limits. that swelling up with pride which is one of the first symptoms of insanity. This proves that the normal person is a social thing. or. because it it it destroys our assimilation. and before everything else. If madmen were entirely irresponsible. which not the fact. Madness makes us makes us strangers often irresponsible for two reasons: because alienates us. Between the positive ideal and the negative ideal of which I have just given a definition. same The moral sense." the immense scale of the degrees of real responsibility and irresponsibility is interposed. a noticeable social harmony. to borrow one of their phrases from the geometricians. and the new "myself" which it is in its essence unsociable. The normal "myself" says. even when alone. and felt under the unconscious and all-powerful domination of example. chastisement is would be absolutely ineffectual in their case. (I) Madness destroys assimilation and alienates at the time. does not exist. and because It recasts it to our surroundings strangers to ourselves.

having become more social. provided that they do not go beyond a certain limit. all by itself it has no power whatever. either from within or from without. is the brake upon the train of life. even after the series of his mental transformations has been arrested. When the murders or the thefts committed under the influence of such disorders are studied by the courts. under the sway of morbid exciting causes. within the desired limits. Or else it is the impulse from within or which at least comes from the brain which has gone beyond the limit of the brake. as a consequence of exceptional circumstances. of epilepsy. the new "myself" which results from this beneficial mental alienation is still more responsible than the former one. There is a normal degree of morality will permit a man. and of its is in the greater or lesser energy of is the moral sense. that the temptation from without. a collective name by which we designate an assemblage of repugnances towards certain acts and towards certain weaknesses. as so often happens. will is but may be power all supplied by the fear of punishment.§33] MADNESS DESTROYS ASSIMILATION 157 is necessary in order to keep the pride of men. If. Attacks of intermittent mania. and of alcoholism are a realization of this hj^pothesis. This is why our principles forbid the punishment of the madman. The the engineer of this train. it is more difficult than in the preceding cases to decide whether the tempting force did or did it ' When a character which is savage in the beginning is advantageously transformed. The moral sense. it is in every case more fitted than the other for the life of society. They can be classified without our subject is concerned. may become excessive and that in such a case the brake may be insufficient. like the cells of a honeycomb. to resist temptations of every kind.^ All madness is an irregularity which isolates us. it is given us by nature or else different difficulty as far as by social culture. and it isolates us the more in proportion as it is the more fixed. which is very which seldom passed in reality. for being due as a general rule to social action. just as the power of the percussion cap in the powder within the gun. consolidated. the condition of individual identity is. Now may happen . and chronic. in the form of a delirium henceforth unalterable. or rather seems is to be sufficiently well fulfilled. of hysteria. Such a failure to act as this taking place during the Terror or the Commune can be accounted for in this way. in such a case in fact. if his will intervenes in time. Let us be more specific and let us go into the details of the forms of madness. that of social similarity not in any way fulfilled.

However. Thus all the causes of misfortune are here encountered at the same time. call him "bugger. not because his action was inevitably determined or caused. but perhaps not the not all. its may happen that the impulse not exceeding the habitual force. Having 1 For example." "pederast. which from our point of view exhaust every category of mental alienation. Augustine says. this force is here hidden within the individual. enveloping or nervous impulse. internal. precedes the outburst of general paralysis. accident takes place as a consequence of an error committed the signals of the the intellect ^ which is most frequent form of madness. so that. as St. in 1855 (cited by Tardieu)." will" the individual has in the Such are the problems which madness gives rise to. but which are to be explained in the same way as are the customary acts for which the individual is responsible. someone suffering from hallucinations believes that he hears someone insult him. In all these hypotheses. the desired degree. having been such that a good brake could have resisted it. which." The whole problem will be to know whether. attributed to a pathological evolution or of a is not rather the result whole life of vices and the lesser infractions of the social laws. remaining within normal bounds. the morbid impulse not being very pronounced. This is because the brake has become rusted or has the case of that moral perversion without impulsive attacks.158 THE THEORY OF IRRESPONSIBILITY [§33 not exceed the normal force of an ordinarily eflScient moral brake. it It is given the name of moral madness. the estimation of its intensity up to a certain point is attained by means of a comparison of the symptoms which show this force." like a man judged by the Criminal Court of Pas-de-Calais. the train may leave the been broken. for example. end lost his by means of his "bad "power for good. the individual is irresponsible. . the absolutely abnormal weakness of the individual's brake is to be because it to the social being. Generally the very cause which rouses ex- ceptional impulses smashes or weakens the moral brake and dis- turbs the understanding. In fact. This is by Here we have the likeness of delirium of the most striking. in certain cases. Finally. and the brake retaining line. and kills this man. of a whole series of acts which did not have madness as their cause. but was determined by a cause external to the "myself. with the entirely similar manifestations of madness which have already been observed. It may also happen that the external or rails.

because he never had to do this simple thing under similar circumstances. but which he is far from making use of all the time. because that is of bringing into play the his nature or within his — the psychologists show. majority of cases the impulses. we must admit. There are here two kinds of necessity which are very distinct. Now do laziness and crime seem less worthy of blame to us when when it is when they appertain Far from it. in the same way who had a faucet close at hand which he could have made use of to extinguish the fire at its inception and to which he did not give a thought. or not to wish to do an evil act? But however little of a determinist one may be. it is called a misfortune when it is carried out during an attack of madness. Can it be said that the difference arises from the fact that one is not free not to be inactive by reason of laziness. Undoubtedly the "myself. be they from with- out or from within." misfortune. at the opportune moment. was not to able to wish that which it has But this proves precisely that the "myself" to is bad. making it its own. 159 that in the great in accordance with common sense. was in sympathy with the tempting cause and appropriated it to itself. called a fault The former shows its the latter bears witness to the perversity of the "myself. An injurious act is called a fault it is voluntarily committed. to which it is it held the key. What shall we indeed say of this most frequent of cases. It is this being so. Thus. does not think moral energies virtually enclosed within memory and yields to a temptation against which he would have struggled successfully had he wished to do so? There is here this difference between the will and the fireman at the Opera-Comique that the latter really did not think of turning on the faucet. whereas the will is always brought into play from the beginning. therefore. especially if the will has not had as its object. as all Ribot. are inferior to the force of the moral resistance which the individual harbors within himself. one is forced to admit that in many cases laziness is incurable and bad will is irresistible. the employment of moral forces it the essential part plays. it is because the "myself. it is when it is due to called misfortune due to an infirmity. as the fireman at the Opera-Comique where the individual. Why to the very character of the individual? then do an incurable laziness and an inborn .§33] said this MADNESS DESTROYS ASSIMILATION much." not wished. one thing." of which the purest expression. A ruinous inactivity is laziness. — to resist our desires. not to have been able to but to wish to resist temptations and another to have wished have been unable resist them.

it does not follow that the physiological nature Although a madman and an epileptic of an individual is to be ill. recognizable to an experienced eye. moreover. today the moral sense." cites cases in which wrongdoing occurring in a hitherto honest life is but the symptom of a general paralysis which is beginning. Though an illness may be prolonged. in "Crime and Madness. one cannot say that this organic vice constitutes a part of him himself. soon all the senses one after another. like the traitor which a secret society numbers among the members who were its founders and who is soon to lead it to its destruction." even when they have taken root forever within us. their essential physiological nature does not cease to protest against the morbid oppression which annihilates it and to repel the acts accomplished under the constraint of this yoke. A chronic madness is no more a new personality than is a chronic state of anarchy. may remain mad and epileptic all their lives. aberra- General paralysis is the illness of our time. and that. Among the latter the proportion of men is thirteen times greater than that ^ of our civilization. Even when the individual brings with him at birth a latent predisposition to madness which must some day burst forth and drag him down to crime. Its progress is parallel to that According to the statistical researches of Regis (" Manuel des maladies mentales"). like the one which held sway in France during the Hundred Years War. of women.^ which is. twenty-three paralytic men in every hundred insane workmen in towns. This germ. and then to death. whereas a permanent mity and an incurable homicidal madness arouse our compassion? I say that it is because infirmity and madness are always strangers to the " myself. hostile and with murderous intentions. having become insane in the true meaning the victim? of the word. there are three men suffering from general paralysis and two women in every hundred insane persons in the country. is contrary to him and consequently a stranger to him. thirty-three paralytic men and two and one-half women in every hundred insane persons of the upper classes of society. Moral perversion. bj^ a slight impediment in speech together with an unequal dilation of the pupils. tomorrow his understanding. Maudsley. a new government. the experienced physician tell is able by means of these indications to fore- exactly the fatal progress of the fearful is malady thus revealed. he will therein find death. What he is the misdeed committed in a case of this sort by an un- fortunate individual who is does not himself realize the mischance of which It is one of the proofs of the fact that this each day losing a fragment of himself.160 THE THEORY OF IRRESPONSIBILITY [§33 infir- criminality arouse our indignation. .

the one sane and good. (11) Internal the insane : Felida and Rousseau. A man born immoral does not die because of his immorality. These are distinctions which have in them nothing subtle and about which a society at the same time has no occasion to be anxious so long as they are not perceived. As the light of analysis is beginning to penetrate within this complex whole called the individual. frank. that which causes us to be and to endure. and which was of vital importance in the history by Jean-Jacques Rousseau. it ought to take them into account. A of psychological phenomenon which can be likened is to the preceding one. many instances of so it. this is the spirit of the musician. not in an artificial manner. offered us He. Can one perchance say that an illness which results in the death of an individual is an essential part of him? No. and careless. The first is quiet. another complexity. which dominated him alternately. innocently egotistical. too. two spirits separated by a short interval of vertigo and lethargy. and I hold the responsibility of Felida as incited by the acts of the latter quite otherwise than as by the acts of the former. the other morbid and evil. always had two spirits . as certain people who have been hypnotized have. It is the last century. Nothing can be an essential part of us except that by means of which we live. naively affectionate. I look upon the good one as alone being the normal spirit. demonstrated. Responsibility or irresponsibility of great men. but naturally. who had two alternating spirits. in passing. and the botanist within him. must therefore apologize for here recalling. as well as diflBculty and the condition of the pupils are but the phases of a morbid dissolution. One no I longer dares to pronounce the ordinary has her peculiarity become after so this celebrated name of Felida. indolent. allowed itself be analyzed by little and to be resolved into individuals § who could be separately punished. or that alienists and psyhave placed them before its eyes. But although in the end the evil one carried her away in point of duration. to when the little family. But the day it becomes them. the case of unknown. duality of 34. he lives by means of it the longevity of born criminals has been of pronunciation . imbecihty. it ought to do sufficiently enlightened to see chologists as it did formerly. the poet. and confiding.§34] tion of the INTERNAL DUALITY OF THE INSANE 161 judgment and the senses.

driven by an unconquerable wind. One sees this aberration recurring under different and periodical forms. for example." "remorse. inspires the "Devin du Village. in the form of a sort of European league formed against him and in which great ministers and even his most devoted friends would have participated. that he undertakes a long and expensive journey to Montpellier in order to have an absolutely imaginary "tumor of the heart" cured. and until the time of Ermenonville. ^ ^ A It is entitled "Le Verger des Charmettes. under the starry sky. his garden. a line of rest through which he passes and repasses. to the Jesuits. It is can be thus followed all through his life. shows us that this happiness composed by him in this much regretted was not without a cloud. whom he had accused of misrepresenting the "Emile" and of conspiring against this book at court at a time when their expulsion was he never cures himself of his fatal inclination. The second is gloomy.162 THE THEORY OF IRRESPONSIBILITY it is life. One there sees the same contrast which astonishes us in his other works: the words "plot. It rests and is master of itself at Charmettes." "furj%" "hatred." piece of verse. or like an inland lake which he does nothing but cross. Would one not say from reading his account of the happy period when his whole life was wrapped up in his books. imminent. have led it to the deluIt sion characterized by persecution and to the final suicide. it must have invaded the other by degrees. false. his flowers. even at Charmettes. and mistrustful. or the reading of the works of physiologists gives him so great a fear of all the illnesses whose description he has read. [§34 found again identically. This belief in the nature of a hallucination. that his heart at that time — never for one instant ceased to be of the same color as the Italian sky? period." . in the It is like island of St. where the reading of the works of the Jansenists gives him a mortal dread of Hell. which was his undoing. blooms at the first glance from Madame de Warens. at Turin. and the thing which proves absolutely that the is germ of terror and hallucination existed in him that. his turtle doves and the love of Madame de Warens." is finally concentrated in study and the love of nature at Motiers. at the house of the young tradeswoman. his seen to be reborn at every period of awakened at the age of five by the old romances told him by his Aunt Suzon. is not a passing straying of his being limited to his last years. at Lyons. Peter." "crime. admitting a his suspicions — thousand times that he had been mistaken in with regard.

there to himself. on the banks of the Rhone or the Saone. certain extent to be accord and of It is. the good one is the true one. This idea of a plot thus already hovered over Rousseau as a youth. at the height of the storm which troubled his old age. They often penetrated each other or harmonized with each other. happy.§34] INTERNAL DUALITY OF THE INSANE 163 "punishments." the thought of hidden enemies who home and his friend. until they become fixed and foreshadow blindness. as he used to go to sleep formerly when he was twenty. which tempered it with its mildness or reflected in it its own light. the indolent sense of security which had been with him in all the tribulations of his unstable Driven running the risk at each moment of being discovered. without money to pay for a bed. and if the shame which hangs over the life of the great writer spring from the other. Now. he wrote the "Levite d'Ephraim" in post-houses. during the age which followed. caused his misfortune. and their accord. to a imputed to him. after that hail of stones which came near to being his finish at Motiers. be remarked. in that delicious night which he has described for us in his most bewitching style. like those of so many ordinary lunatics. caused the glory of Jean-Jacques. Rousseau would not have been the man of genius who entire afternoons at the made his mark in revolutionary France and left a lasting stamp upon French literature. Conversely. having taken refuge for a few days in a small island where religious animosity does not allow him to sleep long in peace. it should but feebly stain his memory. lies down for bottom of a boat. is And. a work of pure imagination." A strange contrast of which the Revolution. which are a slight inconvenience. a thing to life did not desert him. if his two natures had only been able to clash and to come together in a sterile manner. precisely because of the partial the reciprocal penetration of his two personalities. which meant for us masterpieces at the age of virile maturity." "horror. like threatened his those black specks of enfeebled sight. its image and its child. were noticeable therein alongside of the oft-repeated words "innocence" and "virtue. was soon to be the violent and terrible development. from France. Only. on the threshold of a garden. he forgets his troubles. later not to be found a single word of any return still. . a fugitive and in disguise. it twisted within his heart. before settling upon him. however. as their final discord and their schism. wherein. and there goes to sleep. although the evil nature here again finally smothered the good one. the one lending its strength to the other.

Here the condition of similarity demanded by our theory is admirably fulfilled. and even with a are dealing. becomes a superior being recognized by all. that the at benefit of extenuating circumstances should generally be granted. There is assuredly no one less free than the great man. we should. from Marat and Cola of Rienzi to so many famous visionMore often one sees fictitious great men whose sole merit aries! is that they so itself much resemble the mob that it cannot help gazing and admiring itself in a generic portrait which has been a success up to this point. and the overestimated person is so much a slave of his flatterers. He is not great because he is born in conformity with the multitude. Their artificial superiority is thus nothing but condensed mediocrity. however guilty he may be. to deal with a difficult question. his greatness is nothing but the opportuneness of what is really He then becomes the most dangerous of the insane his madness. magistrate. soldier. while thrusting itself upon us. engineer. absolve him from the point of view of the old school." must be applied not only to those kings of literature of whom critic meant to speak. and at the same time the least responsible. artist. heresiarch. so constantly overthrown and changing. but because he reforms it and it the great . but to make up for it the condition of identity is so little fulfilled. if the subject would not carry us far. publicist. but who rather in a For Sainte-Beuve sense creates it and most certainly directs it. of Everywhere the politics. no matter the way into which he flings himself and along which he carries us. to it. etc. as a consequence. as his madness feeds on the very applause with which it is received. of the military art. genius is presented to us as a fruitful originality. this spurrer on of Sometimes societies is never anything but an impulsive man. of the one which the crowd does not create and does not guide. the responsibility or the We will only say a word with regard irresponsibility of great men. to the popular idols with which we not the case with the true great man. but to the kings of thought. raised to a great power. his people. liberal hand.164 THE THEORY OF IRRESPONSIBILITY [§34 too This would be the occasion. Poet. This is has given an illuminating definition: "Genius is a king who creates In order to appreciate the accuracy of this formula. of industry. and. as an unusual thing which. How many madmen and madwomen have there been whose names have been inscribed in letters of gold in the list of martyrs of parties or of cults. however disastrous his act may have been.

or else imagine a great culprit who. — — in order thereby to secure his acquittal. strange coins in 1830. currency today. by his constant pursuit of a fixed goal. Thus he is only halfway in relation with the other men who have become like him. Plato by the Platonics. ized in its With him the condition highest degree in the originality which characterizes him. but the condition of similarity is only realized to a certain extent.'' It is a necessity. he makes others imitate him. and also Spencer. is After his triumph his victims have disno longer judged except by his children. Luther by the Protestants or the free-thinkers who were more or less affected by Protestantism. He reason is it in the direction which has made his a stranger as far as others are concerned. He does not imitate. With said that he is above the law. is appeared. even of his bad habits. Darwin by the Such the great man. as well. I understand by this is the law of literature. it makes created his public. he cannot be so in so far as he a great man man except to those who resemble him greatness. peoples a new world. His resemblance to other men. he Darwinians. of art. Hugo. a fixed idea. In reality he is born. or. In the same way reread Taine on this point Napoleon created his administrative and military France. in this sense. but he should be judged by his own laws. and before them Plato. is of a kind which stands by itself and creates in him a responsibility which also stands alone. Napoleon by his soldiers and his legists. Darwin. the usages and customs which it is his mission to reform. slowly. under the special relation which fame manifests through him. is If the great responsible. engendered the immense number of his readers. he is born on the borders of society of which he seems to constitute a part and of nature and the different societies which he looks upon with curiosity. Aristotle. A learned man who discovers truths contrary to . is Is this right. by an irresistible overflowing of his style of mind. rather. and so many others. by virtue of the very reforms which he has is introduced. Hugo by his disciples. of his manner of verses. Imagine a manufacturer who.§34] little INTERNAL DUALITY OF THE INSANE by little 165 conform to himself. on the side which distinguishes him. It is a one-sided and not a reciprocal resemblance. in order to make of it a new outlet for his product. Mahomet gave birth to Islam. of politics. extra-social. Racine was judged and consecrated by the classics born of him. of industry. of the rules which he has laid down and which he someof identity real- times transgresses. himself constitutes his own tribunal.

does drunkenness pure and simple In that the drunkard differ from dipsomania. arises the peculiarity of his attitude. he does not live steeped in man. socially he plays the part which the peripheral cells of living bodies play in an organic way. thus his responsibility. which is only a variety of madness? his wtII takes pleasure in it and enjoys feeling himself carried away by the desire to drink. an inventor who renders old processes useless. The various forms of madness." such first is. He is not entirely extraneous to the social world. a traveler who brings with him new usages. when he is called upon to give an account of himself as does the ordinary before the jury of history. in . best proof that one has two individualities is that one fights a duel against oneself. he keeps close to this world and enlightens it without penetrating into it. in the same way as the recognition which is due him. this inner struggle. by a mental anxiety which denotes the intrusion of a strange element. Psychology of the mystics. of irresponsibility. In what. the more in condemning him. he has lived alone. necessary that the individual "be no longer the same. but those who alone have the right to impute to him as a crime the They strike at themselves abuse of his power proceed from him The more numerous they are. a wanderer. ! § 35. responsible he is. which is always fictitious. is the madman. moreover.^ 1 This duel. the and necessary symptom It is of Maudsley madness. as to the internal duality which constitutes insanity. and his passion being in accord. "A great change of character. Every kind of madness is preceded by a cerebral disturbance. as it. reiterates. the contradiction from within to which the subject is a prey." If one had any doubt. and as especially of moral madness. This creator-king would surely scarce be able to participate in the royal privilege. one has but to read in the writings of the alienists the picture of these terrible states of consciousness wherein the madman The struggles against the temptation which obsesses him. for example. anxious sentinels always ready to gather warnings from without in order to transmit them to the interior. is the most constant characteristic of madness under every form. whereas the dipsomaniac is compelled. But let us leave genius at this point and return to madness. (in) Duel within the insane. independent of his sphere.166 THE THEORY OF IRRESPONSIBILITY [§ 35 dogma. Whence. increases with his success. and it is a good thing to note that the logic of our system leads us to the same result. as does the criminal himself who is rather an anti-social being than an extra-social being. This is what historic common sense had already decided.

in order to resist the unhealthy impulse to kill his mother whom he dearly loved. to get drunk. Binet and other authors have to their own astonishment arrived at the discovery that. into is how he speaks of them: whom the impure spirit had entered. * See. etc.? In an analogous characteristic. It is especially to be seen in the movements of persons who are absorbed." continues Maudsley. Now let us suppose that one of the Siamese twins should be a member of an association to which the other remained a stranger and that the second one. for example. within the normal man himself. "Revue des Deux Mondes." Honest hypnotic same spectacle ^ when an immoral act which is absolutely repugnant to their nature is suggested to them. he [the madman] is possessed by a power which constrains him to do an act of which he has the greatest fear and the greatest horror. he this consults the physician. had enlisted. See on this subject the remarkable works of Binet ("Revue philosophique.§35] DUEL WITHIN THE INSANE 167 Maudsley has been present at these psychological combats and "Like the demoniac of old. this infraction becomes saddened thereby and is caused to suffer. with what determination by the very one who." Calmeil gives an instance of a son who. Analogous fatal act. passim." to the house of the criminal insane. seen it "unless one had with one's own eyes. during the have a horror of it. in conformity mth the wishes of the new Italian school. March. spite of himself. send these unfortunates to the "manicomio criminale. had begged to be shut up in an asylum." February. . in spite of all the precautions ordered by themselves. sufferers of this kind commit the crime which they dread. having returned home. "One could scarce imagine. must we then. and. and sometimes. August. 1891). with what industry is prepared. If. consummated the entire time never ceases to cases are not very rare. and in a fearful agony. had incurred the penalties embodied within the repulsive scoundrels? members convicted of an had been committed by the brother who was not a member whUe the one who was a statutes of the society against If the infraction of the rules. the works of Beaunis. In what does the incendiary differ from the pyromaniac? The debauchee from the erotomaniac? The thief from the kleptomaniac. It is to be observed that. in the case of impulse to suicide for is example. So madness is the redoubling of the person. when crushed by this incessant struggle. pellmell with the most Obviously this would be an enormity. something like the moral equivalent of a double monstrosity." February. his appeal to science passes anything one could imagine which subjects offer the is most sad and moving. by means of researches entirely independent of those of the alienists. there exists a subconscious person distinct from the conscious person. 1890. and not the first.

it has not been the seeker. psychology of the mystics. They carry out what the " myself " has wished. and the Sicilian lords who revenged themselves by means of a brigand deliberately resorted to him. . if the one not a member. the culprit had taken the initiative in the misdeed. according to Charcot. auxiliaries of a native wickedness and hatred. as in the Middle Ages in Germany and Italy they used to punish the instigators of assassi- nations by means of procuration. we would commit the wrongful have to condemn the latter with less of extenuating circumTimes when there are disturbances are full of these stances. for one does not become mad at will. or as we ought to punish the man addicted to the abuse of alcohol who. the latter should purely is [§ 35 member was quitted. At the same time is it right. there would be occasion for a condemnation. merely placed his superior strength at the disposal of the evil desires of the one who was a member. which has. and without making use of all the forces which were known to be at his command. but Charcot's patients must have begged a person who was agreeable to do so to produce for them the suggestion in question. add strength and audacity to the wish to injure. one having wished to awakened. No. Finally. have some one of their companions hypnotically suggest to them the petty larcenies which they want to commit without having the courage to do so in the normal state. they supposed that another spirit had entered into him. When they saw a man acting in a manner contrary to his character. even in such cases. at all times and in sense of peoples has always seen clearly that the acts of the it is this belief. and if the "myself" has too well received its guest who has become its bravo. might here of the gun ^ The common madman tion of did not emanate from him. which is at bottom a all countries. the first one. the drunkard in question wished for his drunkenness.168 THE THEORY OF mRESPONSIBILITY asleep. purposely gets drunk in order to kill someone. to punish the will which is the accomplice of the illness. while acting. cases of dangerous madness which. this and simply be acIf. having had experience of the murderous character of his drunkenness. but not to the same degree as if. who. the case of absolute madness. given rise to the explana- madness by means of a demoniacal possession. and very just one. interesting in an entirely The different way in many respects to that of the insane. and they were not very far wrong. instead of allowing tlie thing to be done where little would have been necessary to prevent it. had sought to prevent him. so numerous at that period and in those countries. but in a weak way.^ the second act. or the hypnotic subjects of the Salpetriere.

to which Marcus Aurelius attained. not being in any way connected with the system of habitual states. organic disturbances give rise to new states of consciousness which. whose source is essentially organic and not social. are first of all attributed by the patient to someone other . even when it enters into a compact with its internal enemy. I will say the irresistible Has one ever same of the carrying away by is passion. to be raised to the summit of a full ecstasy. spends foolishly. and the separation of the person due to madness Auto-suggestion. passion." if it sins in such a case. is itself but a redoubling of the single " myself. is only redoubled in order that it may be reunited to itself in a pleasant way. or in which Fenelon delights. of in strange things and in infinite dehcacies.'^ And always. is unhappy and anxious. more to be The "myself. should be judged to be but an accomplice. of persuasive gentleness. having pitied than blamed. that is to say the sudden novelty of their joy without motive. this internal duality Maine de Biran. it does The mystic "myself.§35] furnish us with DUEL WITHIN THE INSANE more than one it 169 It all figure of comparison. imaginary vision. and. Theresa. and which shows us to have been recom- pensed at long intervals by unhoped-for delights. however dear to the heart may be the alteration caused by it to the mystic spirit. loves and is transformed by the agitation of a fixed image. escapes from the effects of society. or the hearing of one's own voice. if you will. Plotinus for St. this spirit is altered. of lypemania. this is enough for it not to be entirely responsible for the eccentricities which it may commit. But what a difference there is between which the visitation of the ineffable god creates for them. even willingly and gladly. it is enough to stop at the less troubled states. the chief author." just as the "myself" which not matter." It is not necessary. A miser who. abounds morbid. after him. the insane "myself" struggles. tears itself ordinarily. seen a lover fleeing from the opportunity of meeting the woman he loves and thus reanimate the ardent dream wherein his thought is being ruined. the timbre of which has become altered. A man afilicted with the monomania of suicide has been seen to avoid getting into a railway carriage for fear of yielding to the temptation of throwing himself out of the doorway. in the it same terms. however intimate may be the union. which are not The impossible love which describes for us. of hypochondria. by the incomprehensible possession of its divine object. in order to be convinced of this. In cases of melancholia. fallen in love. and.

it is difficult. possession thereof in an imperious manner. Madness. changes its constitution and. with respect to this. The renewed spirit which it inaugurates stays feminine in the case of a woman." August. savage unlike those which and consequently It is not the same thing as regards puberty. there has been substituted in this way a contradic- tory. transforms it in its entirety. has a tendency to lessen responsibility." January. youthful in the case of a young man. incoherent. or masculine man." But for a systematized. far from is normal and the and less sociable than the previous "myself. From the point of view of responsibility." says Ribot. if it be of an intrusive nature. "At first. which which has remained so guilty prolongs a childish in "myself" within an adult body. here sensations and feelings hitherto unknown break out in the person and take is "myself" which is surround it.* "this new manner of being seems to the individual to be strange. For madness changes the person within us. irresponsible. castration. how deep the mental transformation effected by this barbarous mutilation. 1884." molded and fashioned by the social surroundings.") than himself.2 poles. Their incorporation " myself " which is transformed by them. by force of his becoming accustomed to it. Conversely. "Les bases affectives de philosophique.170 THE THEORY OF IRRESPONSIBILITY [§ 3. by reason of their cause I have called or of their evolution. or senile an old man. it makes a place for itself within the "myself. Let us remark. to be something outside of his " myself. la per- sonalite. The is eunuch has a right to the same indulgence as the woman or the youth. two contradictory states which alternate in the madness which is called successive. like magnetism. Also its responsibility has increased. may be said to have two opposite between which are shared or are met with in a superficial way the forms of mental alienation which." Little by little." "^ . are the most heterogeneous. or one many ways. but more often than not without changing sex or age. coherent "myself. 1884." becomes an integral part of it. and which makes a masculine " myself " effeminate. "mania" and "melancholia " the proud exaltation of the imaginary all-powerfulness and the oppression of despair. if not im* "Revue "Revue philosophique. excepting in the very exceptional case of those sexual aberrations of which Glay has made such a thorough in the case of a in the case of study ." is to be distinguished by a far superior degree of finality and sociabilbeing less logical ity.

the patient accounts to himself for this thing either humanly to (delirium of persecution). feels symptoms which madness). General madness is curable. as to their general aspect. Finally his personality seems him to be transformed. partial madness is not to be tied down to a constant ground of Furthermore. and as limited as in cases of general madness. There is. or by the action of supernatural beings (mystic madness). he imagines himself to be now a great personage. 1st. it is useful here to establish a distinction of an entirely different nature and to investigate whether madness has been a veritable upsetting or has been but a pathological reinforcement of the primitive character. between the perturbed individual who struggles feverishly all day long in his cell or his yard. the personality is broken. The characteristic of people. the patient that the result of this morbid work is really to implant a new " myself " w ithin the old one. follows in his conscience the unending spectacle of frightful hallucinations and dramas. But. violence. frighten him. divinely. huddled in one corner of his cell or his yard. strange feelings (hypochondriacal Delirious explanation. and for the most part regains his responsibility." by reason by reason of equally sickly optimism or pessimism. and the despairing individual who. Its progress. not eating. But in the one case as in the other. to decide which one of these two deviations of the "myself. confidence. now a god or a demigod. terrified.§35] DUEL WITHIN THE INSANE of excess or of deficiency. Between fury and stupor. delirium is as well defined excitation or depression. Regis. not moving. partial madness is not. 3d. the partial madman reasons and acts like everybody else. there seems to be a great difference. in lunatic asylums. differ in nothing from ordinary These are the partial madmen. Still looking at it from the point of view with which we are concerned. by means of the observation of its phases. is greater than the other. the Virgin or Antichrist (ambitious madness). Now we shall prove that in having become localized in this way madness has become strengthened. a third category of individuals who. and . Period of analysis. stupefied. Partial madness is qualified as "essential" by Dr. and the excited individual who never tires of absurd purposes and senseless whims. We also see. broken also is the relation of the person with surrounding society. mistrust. is always as follows: 2d. outside of his special form of delirium. There are cases in which it substitutes and hatred for mildness. 171 possible. the general madman always thinks and acts as a sick man. according to this author.

or strupator because he was a libertine. in the event of this progressive alteration of the character by its very reinforcement in a certain sense taking place to the extent of a complete rupture of the person's equilibrium and its downfall into out and out madness. though it may be the cause of the alteration which has taken place. on the contrary it is very probable that he was irascible because he already had in him the germ of impulsive madness. however. such another. this is accumulated the darkening of a storm. we could dispense with a disnervous affection were not very well Epilepsy fitted to make us understand what mental alienation is. every gradual and continued change gives rise to difficulties on the tell. and that it does not make us irresponsible to the same degree. but which persisted imder the form of a power which became ever more ready to pass into the act?" There is here a question of fact which it belongs to the alienists to solve and which often makes us feel the necessity of their intervention in the domain of penal justice. he has become cruel. more often Uke drunkenbut exaggeration of the hypertrophy of a natural tendency. intermittent form of madness. or a libertine because he already felt Hence." he says. to grow. The crisis. Generally speaking madmen have begun by having a remarkable egoism. preted in the following manner: an insanity of a slow and progressive kind [this is the most frequent sort] which only makes the individual incapable of living in society from a certain moment of time when it manifests itself through some criminal act. impulsive. unfeeling. "Such an individual. a libertine in temperament. Analogous illnesses of the social body. "has not become frenzied because he was irascible. in fact. Besides. are marked by a change of humor in the patient. which their madness accentuates beyond all measure. Such a man has always been hard. which is often seen to come is an The days which precede the into existence. intermittent madness. should not these cases be interthe influence of his sexual aberration. the majority of alienists observe. THE THEORY OF IRRESPONSIBILITY [§36 at other times it is nothing. a sort of nimbus which It bursts in three ways." December. § '^ 36. as Maudsley and insists upon bursting. in him attack After the above developments if cussion of epilepsy. has become a veritable satyr. when it makes us fall in the direction in which we were leaning. 1890). born irascible. and to die. the irresponsibility belonging to this latter state ought to retroact in going back to the previous states. is not so profound an alienation as when it upsets us in a contrary direction. ness. . for. in the very kindly article which he has devoted to the present work ("Re\'ue philosophique. has become frenzied. a third. ' ' same order as these. It is evident that madness. decide that.' No. makes an objection which demands a reply. Should we. Levy-Bruhl. the only question of importance from our point of view is to know from what moment it It is difficult but not impossible to suflSced to destroy the person's equilibrium. (IV) Epilepsy.172 kindness. only termi- ^ With respect to this.

a morbid state of the psychic centres produces that which. and just as a morbid state of the motor centres produces convulsive movements. ^ 3d. 1874. which in this respect corresponds the morbid state of the idea centres is inevitably communicated to the centres of motion. of I take the liberty it comparing epilepsy in all this. social convulsion. almost periodically. for example. the in the eighteenth. such as a murder or a rape. every dynasty and powerful religion is to be intense. An enthusiasm. hidden or visible. only to form again later on: 1st. the succumbing of the patient who struggles against himself. the most noble function of the nervous centres is thought. science and the arts have long set forth the which we are concerned — the germ germ nineteenth. true delirium of a nation. the investigation in the sixteenth century. ' — Furthermore. an irresistible need of committing some act of violence.§ 36] EPILEPSY 173 nates in one of the following discharges. a strong hallucination which manifests itself and which takes possession of the subject. A fixed idea. the disturbance having thus been amassed. 2d. an extravagant cult. or to result in one of these three issues: 1st. when germ of contradiction with litera- ture and the press. A fixed desire.' to chorea." Paris." London. finalities which are elementary or . the of free germ it is of free-thinking germ of socialism in the — either settles itself of its own accord if not deep seated which reminds us of the case of masked epilepsy. for lack of a more appropriate term. "is motion. agitates European societies? We sometimes salutary. to its social equivalent. A civil war. if Shall I be reproached for an abuse of analogy. this is the most usual result. Is thus to reduce everything to the idea of motion to materialize the spirit? I do not think so. To say that all motion elementarily takes place in a straight line is to say that every phenomenon is composed of complex. itself. of Christianity under the Roman Empire. That the reason why every motion is necessarily divided for us into rectilinear motions." says Maudsley "Crime et FoHe. else is and bound "In the same way as the function of the motor centres. all know that this agitation — which certain is — Now. It essentially implies an objective point. The straight line which vain attempts have been made to de6ne has as its essential property the idea of the object. a French translation of "Responsibility in Mental Disease. while spreading ' This mental convulsion is delirium. In fact the idea. it is thus that every apotheosis. Convulsion. motion is is but the innate symbol of the change directed towards an object. we may well call 'the convulsion of 1 (page 131. in which respect it differs from the other is always produced by the appearance and the imitative propagation of some belief or of some desire opposed to the convictions and the needs upon which rests the order of things established. "sub-real" or real. a fixed and unjustifiable faith in a man or an idea. to that great intermittent disturbance which. in a family or in a dogma. in order to explain better. 1873). 2d.

but the result of the schism within. Let five-fold assassination us observe in passing. in no matter what form the manifestation takes place. and are reproduced those prostrations and bowing of the knee before an idol. Thus epilepsy. an outside war. Finally.^ can be. that attacks of epilepsy occur ' How many times. which is either abstract or alive. It is outlet is no less formidable than are the first and third. It is as though one were to judge of the beauty of a woman according The heroism of a man (in the sense in which to the passion which she inspires. never have any doubt but that the object of the general adoration has a value proportional to its success. committed in Belgium a February. thus that the fanaticism of a visionary people can make them commit as great excesses as can the fury of civil wars and of During the night of the second to the third of battlefields. which are enigmas to the historians These latter. and in the same way madness. a man named B . do attacks of delirium burst forth. the channel through which the epileptic attack escapes. which. owing to civil war. that the convulsive energy of the homicidal impulse (in the case of the insane) is often preceded by a morbid feeling originating in some part of the body and rising from thence even to the brain. How many have there been whose true cause is a In all this it is apparent that contradiction within a society! nothing social is explainable except by means of the division of the group into two parts which struggle together and one of which ends in prevailing. ! I say socially subjective." . absolutely similar to the one which precedes the epileptic attack and which is known in medicine by the name of "aura epileptica. so to speak. but no one more irresponsible morally. . and it was demonstrated by medico-legal experts that he had acted during a nocturnal attack of epilepsy. 3d. He had thought that he saw two murderers against whom he had sought to defend his life by throwHe was shut up in an ing at their heads the weight of his clock. on the persons of divers members of his family. dangerous than an insane asylum. under the domination of a hallucination. 1886. fratricidal. whatever may be the outlet. 2 It is a remarkable and instructive fact. or the warlike attack of neighbors. this fact. and when least expected. the patient cannot be responsiThe second ble for the acts committed during the time it lasts. without any other usefulness moreover. says Maudsley. offers itself as a necessary set consequence of the internal unjustifiable aggressions difficulties of a people. of a combat which is.174 THE THEORY OF IRRESPONSIBILITY is. Carlyle imderstands this word) is more often than not but a subjective quality. among convnlsionary peoples. [§36 explained/ that like one of the inevitable solutions of a prob- lem by social logic. Furthermore. . when these infatuations persist. to the invasion of dynastic or dogmatic belief. Surely there is no one more man of this type.

"During twentyconsecutive months. to a certain extent attributable to this cause? What is certain. in no way Moral madness. whom he resembles less and less. By this means the " myself appropriates its ills to itself. of mania. § 37. The latter is a monomaniac born such and who has not become such. into a special form monomania.§37] CONSOLIDATED MADNESS 175 and after midnight. he has more and more detached himself from his fellow-men. into "chronic melancholia. The problem is liable to become comThe transformation which is so frequent. and only ninety-two attacks between two o'clock in the afternoon and two o'clock in the morning.^ "seventy-eight epileptics had two thousand eight hundred and ninety-six attacks between especially during the night. to take in several successive generations. is that there is within every epileptic virtually a murderer. as we already know. But this murderer is an unfortunate and not a guilty man. Heredity." as the modem alienists say. state opposed to true contrary to individual responsibility." No. like very much enlarged waves whose breadth exceeds the length of a vessel. and general madness. 9. are able. and it follows from the statistics of the course of a single of the sea "Archives de rAnthropologie criminelle. Here the appropriation of the eccentricity or of the exaggeration in question by the " myself " of the individual is far more profound than in the preceding case. and what must be conceded to Lombroso. for though he may have come to an agreement with himself up to a certain point. but this does not mean that the individual thus becomes more responsible." to make use of the expression of Esquirol. (V) Consolidated madness. To a maniac father. insane on all points. And the danger which he presents does not thus give us the right to infer that the epileptic and the criminal — are identical..is at the same time its limitation and " its consolidation. of over-excited of madness. madness. as we shall see." says Echeverria. an attenuated monomaniac moreover." May it not be that the great frequency of nocturnal to a very small extent at any rate crimes is. * ^ . into Now the phases of madness. In the same way. and identifies them for itself. — two and five o'clock in the morning. succeeds a son who is only eccentric and exaggerated in certain respects. general melancholia is often resolved into "iypemania. These two transformations recall the termination of epileptic trouble in a fixed idea or a fixed need. plicated. instead of unfolding themselves in life. We have not finished with the difiiculties which the responsibility of neuropaths gives rise to.

this "originality" of is the individual. if after this an excitation." like madness. "acquired imbecility. were they to occur during the course of his life. let us observe. for example. last in the case of the individual till the end of his days "without disturbing the lucidity of his reason in every other Precisely because monomania. in spite of everything. for in the former case the very suffering At the beginof the spirit proves that "its derangement has an extrinsic origin. arising from a painful feeling of trouble." sometimes cured." can. And. by reason of his It is not because of his not being free. even when acquired and not innate. the crumbling of the "myself" into as many fragments as there are absurd ideas and tendencies placed alongside of one another in the same brain. he has wished for these wrongful forms of satisfaction. will seem far less to be excused in the eyes of everybody than our absolute monomaniac. on the one hand. therefore. In order to uproot it it would be necessary. with Maudsley. mercantile surroundings. the wrongful acts which he may commit in order to satisfy these depraved passions can be imputed to him. it is the parceling out. it creates a partial dissimilarity in this respect. This anomaly. is respect. in this case. essential him. which seems strange." ning of general paralysis the patient experiences a depression. if they be innate. which proves. Dementia is not simply a dividing up of the is dementia. or in experiencing strange appetites in love. to to make use of the usual euphemism. The delinquent. as is well said by this same author. a feeling of pride and joyfulness bursts forth in him. it is more readily cured when it is sad than when it is joyous.^ but If. by the pasand pictures in artistic surroundings. in the quest of decorations or superficial honors of some sort with an unreasonable greediness. But they can only partially be imputed to him. that those eccentricities which. by the passion for the circus or the theatre in the surroundings of gladiators or of strolling players. "to tear out the foundations of the character. this change indicates that the malady has become firmly The inevitable end in which every form of incurable madness tenninates rooted. that the assimilation with which we are concerned is not absolute. for. 2 It is the incoherent and unsocial character rather than the irresistible . he was not even able not to want them and has thus shown the inlierent vice in his constitution. it consists. he actually is a member of society. but caused by a motive which is very well known in its surroundings. and on the other hand. by the passion for gold in partial heterogeneousness. would be "a sign of evil omen and would presage a serious end." "myself. Let us suppose that another accused has given way to a constraint which is just as overpowering. whom I cannot Nevertheless it is too often cite.^ sion for statues ' It is to be observed." it is very rarely curable.176 THE THEORY OF IRRESPONSIBILITY madmen [§37 fifty- Morel that whereas simple hereditary madmen are cured eight times out of a hundred. between other men and himself." an assimilation of its insariity by the " myself. an absolute incoherence which may be compared to the complete anarchy to which perpetual civil wars will lead a people. the degenerate in question are absolutely incurable.

Garofalo and several of the criminologists of his school refuse to recognize as a special kind of madness native perverseness. as a consequence of blows received by the head. or by an imperfect nutrition of its cells. 50). for the moral feeling ." base (which does not necessarily mean to say a cerebral place)." says Maudthose who have had experience of them is that the partial or total lack of moral sense other hand. the impulse is more irresistible than with the madman.^ character of his impulses which causes the irresponsibihty of the insane man." 1886. We must therefore say a word as regards this moral madness. that is to say innate absence. for he is less illogical and less strange. (See Saury. ^ In the first volume of the "Sociologia criminale" (1880). Colajanni gives some excellent reasons against the hypothesis of this cerebral localization of the moral sense. the observation of the insane very often. The moral sense has an organic family." would be surprising." and on the by the most distinguished madness in physicians "establishes the fact that the absence of a moral sense is one of the occasional effects of the existence of a Thus two very distinct branches of research come together in the same conclusion. and consequently its disappearance or its deadening can only be explained by means of a gap or a lesion. and in fact imposing.§37] It is CONSOLIDATED MADNESS 177 true that in the one case as in the other the irresistible is character of the incHnation to which the individual has yielded due to the insufficiency or to the absence of the moral brake of which I have spoken above. if it were otherwise. in this special class. by an atrophy or an injury to the brain. from that in which there may be a lesion. the result of a defect of the organism.^ is unanimous conviction all of observers. With the degenerate who is not mad. so much contested. and not to see in this latter an illness of the brain. p. that is to say a destruction. less irresponsible than the madman. "Etude clinique sur la folie hereditaire.^ Let us clearly distinguish the case where there may be a gap. One must admit that it is difficult not to connect the latter more or less closely with acquired perverseness. ^ * "Crime It et Folie. "has convinced "The study of criminals. the degenerate is. for example. in the opinion of everybody. moreover. which only differs from it in the accidental character of its appearance. which would consist in a cerebral gap or lesion confined to the seat of the emotional feelings. as in several cases cited by Marro. Fere contrasts with this opinion of the learned Italian magistrate the almost their accord sley. by some misfortune in other words. Notwithstanding. without any alteration of the intellectual abilities.

and less. as it on the condition. which latter is one half Forty-six times out of one hundred. This astonished by so novel a situation. a very much larger proportion than that of the other criminal classes. as we laugh at If. in many respects. At the the personality. that the WTiat is police are at his heels. whence he a great danger. uneasiness which is so great.178 It is THE THEORY OF IRRESPONSIBILITY certain that [§ 37 it is a misfortune to be born perverse. A man who is sane learns of a great danger. he can never be persuaded. same time pride or vanity is but a predisposition to madness. Furthermore the enormous part played by heredity in all of The researches of Marro with respect this cannot be contested.. to condemn them and to hate them. and one concludes that one has had literary or dramatic successes. requisite in order that his distrust. says Legrand du Saulle. on the contrary. . and one conAll this amply proves that cludes therefrom that one has a fashionable wife. . that we continue to punish the manifestations of perverseness.' : organic disturbance of a certain nature should take place within him. . is to be born stupid. The true effective cause is another one it consists in a cerebral lesion. . and intellectual forms of madness themselves furnish us with the manifest proof that the emotional states are connected with the modes of being of the brain. would be a benefit conferred by nature if nobody made fun of it. feels "a sort of undefinable anxiety . infers the existence of a great anxiety because of it. the proportion who were born from parents more than forty years of age at the time of the conception is fifty-three per cent. etc. accompanied with absolution. here the patient feels a great anxiety. . fooHshness. This is exactly the opposite of what takes place under normal conditions. The patient and. two forms of delirium which have been very thoroughly studied. and he feels . to this (they covered 456 malefactors and 1765 honest persons) have given him the following results. which moreover could have flowed out in other channels. the delinquents had fathers or mothers is who were addicted to the excessive use of after all nothing but one of our emotional faculties. especially than that of honest people. that the magicians have vowed his destruction. it could not fail happen that the moment this compassion. It is the same thing with many other kinds of delirium: one feels a great and sudden expansion of one's self-esteem. if he remains sane of brain. to be sorry for them in any way. Let us take. each mode of feeling has a cerebral base which is peculiar to it. reinforced by his pride. Though a man may be proud and distrustful. then. should lead him to a It is necessary that an hallucination of the mind or of the senses of this kind. to become indignant at them. he asks himself the reason of it." Thence arises the idea of a persecution by hidden enemies. became general there would no longer be any occasion Foolishness. these impressions which are so painful and so absolutely justifiable must have a secret cause. one were to feel sorry for rascals. however. one feels an acute satisfaction of the heart. under the pretence that they are such by to birth. the delirium of persecutions and the delirium of magnitudes (see as to the first the masterful work Both of them are connected with the same overflowing of of Legrand du Saulle). Among assassins. for example.

If one adds those who had who were themselves hysterical or delinquents. this similarity of the aggregate will not exist and one will only have the resemblance of each particular effect to its special cause. his parents. they had parents who were insane. he is neither more nor less than a hereditary degenerate. is he any the more free because of this in the eyes of the determinists? No." one admits that all the brought by the newly-born have external and pre-existing causes. in the other case. that is to say the individual. it matters little. let us remark how strange to see the it. that is to say to his progenitors. brief CONSOLIDATED MADNESS in 179 de Flaix. will be presented as similar to all of its causes taken together. Whether these causes be dispersed in the immensity of the circumambient world or whether they be concentrated. with the solution which should be given to the time one becomes a determinist. it is not so much that it is hereditary as that it is madness. all the effects taken together. But again what does it matter? The question is whether the individual has or has not. —a but eloquent reply to Colajanni and to Fournier — and fourteen times every hundred. all the inclinations ceases to believe in creation "ex nihilo. brought into the channel of the nearest of the vital sources whence springs the individual. from the point of view of responsibility.§37] alcohol. or direct ancestors epileptic parents heredity. But on the whole do not the the parents of malefactors as among honest people. From when one determinists themselves preoccupied. from the time characteristics. it is true. In this last case. by a divine miracle like Adam. conditions under which a man is born form a part of himself. . I will suppose that a man is born by spontaneous generation. illness one arrives at a total proportion of ninety per cent of morbid There have been twice as many deaths from cerebral among the parents of This gives quite other food for reflection than do anthropological measurements. Here heredity plays no part at all. Is this appropriation in any way prevented by the fact that what he consists of is similar to that of which other individuals. appropriated to himself and identified with himself that of which he consists. consist? I do not see any reason why this similarity should render this identity more difficult. whereas. If hereditary madness engenders irresponsibility. and are they not the only ones under which he could and should have been born? And heredity as the opportunity of touching is upon this question of it is presented.

" which is virtually latent under our madness. remains none the less. a Tropmann." The If I alienates us. the only one wliich bears any legal and moral relation to society. reputed to be ours. the fundamental condition Moreover. this perturbation which makes us differ from ourselves. . of justice. and we shall see that innate moral madness. It is a remarkable thing that the alienists agree upon this point: the loss of the moral relatively recent. can one say that he is another in carrying out this heinous crime? No he is always only too much the same. On the contrary. he poisons. in reality do not emanate from us. that is our causality. the moral sense. as a general thing. is the most recent memories which are the first to be destroyed in the case of old men. unfair. shameless. is a cerebral depository of the social life and it is perhaps for this reason that it is the first faculty to be affected by the morbid disturbance from which madness springs. but even the proper soil for the development of the germ brought in from outside. Thus he came into the world deprived of one sense ^ with which every honest man is provided. See the fine monograph of Ribot on the memory. moral imbecility. which we should have at our birth and which would be "charged with discerning good from e\'il. does not prevent this normal " ourself.180 THE THEORY OF IRRESPONSIBILITY [§37 Let us apply our principles here. that which It the declining brain loses at the first is that which it acquired as the last thing. a man born pitiless. But the more he thus conforms to his essential nature. of our responsibility. ^ have said above that madness disassimilates at the same time as it means that the abnormal " myself. which. base of mental alienation moral alienation. but even education has not been able to replace them in him by good habits. at least in its is deUcate part. to put it better. Esquirol gave as the sense among the insane precedes the loss of understanding. " but the latter. from remaining similar to our fellow-citizens in the essential relations. here we have a Brinvilliers. during its slumber. whence it follows that such and such acts. Now. Not any more than Paul Dubuisson do I believe in this metaphysical entity." the new " myself " created by means of the madness. Not only did he lack the germ. This latter is an alienation of the person. cast in the image of our fellow-men. . is as dissimilar to our surroundings as it is different from the normal " myself. or. he stabs. he rapes a woman or a child. but similarity subsists. is lacking. those hereditary instincts of humanity. too many learned men seem to abuse. moreover.I say "sense" in order that I may conform to the usual metaphor. is precisely the opposite to true madness. in absolutely the same way as sight causes us to distinguish day from night. this moral wliich feeling. and does not break our ties with their society.^ Here identity does not exist. and of honor which are as necessary to the civilized child as the seed-lobe is to the embryo plant. the more does he demonstrate and accentuate his profound dissimilarity in one respect Not only did he not have at his birth to his social surroundings.

upon judging him to be morally irresponsible. them is as a worm-eaten apple does a healthy Yet the difference important. in developing exclusively the intellectual side of But this is a great deal. In surroundings of this sort a well brought up rogue us he resembles resembles his fellow-countrymen as a hollow nut does Among one. therefore. or deaf. are the two conditions that here the condition of identity that of similarity is completely . near-sighted. a judge. in the first case no more than in the second. Neither Benvenuto Cellini nor the Borgias were monsters in their times. It is true that. certain forms of employment. the positivist school is founded. as it could have been up to a certain point if it had made itself manifest in a universally and rigidly moral country where the most brilliant gifts are counted but for little if honesty be not joined full ones. to love the is appearance. but that but imperfectly fulfilled. or an industrial one like our own. live according to the fashion and speak with the purest accent. as to be a station-master. is. their anomaly was certainly not sufficiently exceptional to be the cause of their moral irresponsibility. moral monstrosity. although this man may share all our physical sensations and even acquire all our scientific knowledge or all our artificial needs. almost the opposite of madness. him all man. From the moment it judges the criminal to be a being apart. Native criminality. has given it the preponderance over the moral side and has spread the habit of appreciating talent and mind more than character and heart. from our point of view. though he be color-blind. if feelings. But if the sense of which I am the ability to suffer by reason of sympathy for the bitterness of certain sacrifices. But it is his radical dissimilarity which I contest.§37] CONSOLIDATED MADNESS 181 although a man may lack sight or hearing. radically dissimilar to other men. or at least from remaining fundamentally similar to his fellow-countrymen. conforming to them in a number of the more Now may important ideas and speaking. according to our principles. yet he has nothing in common with us excepting his features and his external sufferings of another. or a sailor. especially when an artistic civilization like that of the Renaissance. to refuse and it would be a ridiculous declamation resemblance to ourselves. while this may make it difficult for him to accomplish certain social duties. yet this will not prevent him from fulfilling a role of some kind in society. thereto. beauty of certain duties and the lacking in a man. is Thus we may conclude fulfilled.

and that only proved that the person. in that which concerns criminals by reason of temperament. but can thus go to the extent in part. and to justify our indignation against him. which is due to two very distinct causes. it cannot streets. and. an accomplice for the time being of his own insanity. manner in which he understands it. In the second case is it is vidual. but in the second case one of them. corrects him. — and there can be no question curing of either him or of reforming him. 1888. in curing him. or is but in a slight degree the author. of the offense which is imputed to him." 1887. the principal one. he is non-social or rather antiThe decrease of responsibility social in a way which is important. is absolutely lacking. — a rare case moreover. Furthermore. He belongs of it. (VI) Theory of responsibility by Dubuisson. suffice to strike him down like a wild beast straying in our still for he resembles us sufficiently to cause us shame and not merely fear. On the other hand. Mistake moral responsibility with social responsibility. the indiis not at all the author. demands a treatment which is especially medical which.^ We cannot accept it. severity. this comes to the same thing as saying that responsibility. could not have the same nature here as there. nor could it produce the same effects. as the author in spite of the positivism of his methods borrows from spiritualism the old idea of responsiBut he rejuvenates it by the bility founded upon free will. § 38. but that social in many respects. The half insane man. is founded ' "Archives de rAnthropologie criminelle. and that is why we must a drive him out by means which is of the judicial ceremonies of social excommunication of criminal unfoldec^ every three months before our courts jurisdiction. he remains a member of the society which ow es him vigilant care and a maternal But the innate malefactor is incurable and incorrigible. we have its to guard ourselves against his offensive return It is and give against the contagion of his example. never in the first. as far as he a social being. of its elimination in the second case. to our association. this decrease. in the first case. of contrasting I will add that still it is not sufficient thus to excommunicate him. the accessory alone is lacking. in the first case it is proved that the person is the author. . According to him. here that we can place to a theory of responsibility set forth by Paul Dubuisson.182 THE THEORY OF IRRESPONSIBILITY both fully [§ 38 of responsibility met with at the same time.

^ and owing to it. it will be proved either that they are mad because of the sufficiently anomaly of their reckoning in certain cases. in the probability of incurring the legal punishment. but some will think themselves sure to escape it. all penal counter-weight having been taken away from them. will bring it about that the penalty in their opinion will be as though it did not exist. committed. responsible. according to Dubuisson. on the other hand. the idea of the " contra-spinta " of Obviously this doctrine is inadmissible according It is to our principles . In reality. they will or will not resist the temptation. therefore he was free. he had found a counter-weight within himself which the moral man finds in He was thus able to lean on this counterhis conscience alone. had been made to him." he says. in the case where the apprehension of the penalty has impulse. as it is the upsetting of the logic clear that the penalty. case is been weaker than the depraved Well. Others wall believe more or less realized every time a crime strongly in the possibility. assumes a pre-existing responsibility. weight in order to resist his vices. the formula set forth simply means that it is right to apply a penalty to the man who is born perverse precisely because the threat of the penalty. while being convinced that they will be punished. As to those who. So much the better for those who shall have sufficient belief to the worse for those hold themselves back upon the declivity of evil." . as far as they are concerned. that the man who is lacking in intelHgence ought to be considered as being responsible for his actions. before his crime. which would make this spectre ridiculous. The prospect of the penalty is the same for all. and this involuntary confidence. therefore he was Romagnosi. of this belief. which is fatal like every belief. precisely this is there has been irresponsibility. Thus these latter will be irresponsible. of things. this penal law being in reality only the compensatory influence thrown by society into the scale of human inclinations. has not fulfilled its duty of protecting them against themselves. and. so much who shall not believe to the required degree. "because there exists a penal law. which is always involun- tary and inevitable. such as he understands it to be. To exceptionally audacious and perverse natures it would be necessary to oppose the risk of punishments so horrible thrtone would never feel one had the courage to apply them. or that society. according to the degree. ^ "It is. because. it leads us to maintain that. they will no longer have the disposal of their free will. rightly or wrongly. shall sin.§38] DUBUISSON'S THEORY OF RESPONSIBILITY In appearance it is 183 upon the penalty.

184 THE THEORY OF IRRESPONSIBILITY else. In any event. The first. the moral? No. equally threatening to all. if [§38 Or one did not recoil before this application. may exist and may be felt as such. like so many other criminologists. For to understand responsibility in an entirely objective and materialistic sense would be to retrograde to the primitive times when the unconscious incest of Oedipus was judged to be criminal as though The Christian does not repent it had been conscious and willing. as one descends or ascends it. In order that he may avoid this last result. the one called moral. to social responsibility individual responsibility. the other called social the latter as much stronger as the former shall be the weaker. and. because the moral is a part of the social. even though inoffensive. It also from the preceding considerations that the bugbear of the penalty being given. between the absolute conviction of escaping the penalty and the absolute conviction of being reached by it. individual. stood a family or a nation. the legitimate rebounding own acts in so far as they affect others. in the opinion But in order that responsibility. which are analogous to the cycles and the epicycles Is that which is opposed to the social in all matters. the social logic of analogy would compel one to strike with an excessive severity the great majority of less evil natures which lesser punishments would have sufficed to have guaranteed against being carried away by themselves. the one most perverse. little. of a penalty varies results . it is. certain subjective moral conditions must necessarily have been fulfilled. of having eaten meat on Friday without knowing it and without . such as we understand it to be here. the fear from zero to w or from m to zero. a special and a very narrow acceptation. be it social or of those like him. it matters As to responsibility which is purely individual. our it is the corollary and the converse of our external causality. most strongly driven to wrongdoing should be judged to be the least responsible. that of the Christian or of the stoic who examines his own conscience and punishes himself for his past faults. is obliged to distinguish between two sorts of responsibility. Happily our point of view allows us to avoid these hopeless complications. the one to be the least punished. that is to say. Dubuisson. to tell the is the only one with which criminality and even morality need be concerned. But it I could therefore understand it if they opposed is the individual. there is an immense scale. giving this latter truth. for example. of Ptolemy. upon ourselves of by others being undera man or a group of men.

imputing an imaginary injury to someone. but if it be true that "natura non facit saltus." how artificial it is! It seems to us. mad and mad geniuses. Falret.^ Falret has upheld the theory which is insurmountable difficulties contrary to ours. of native perversity. and of an extreme simplicity. I agree. (Vn) Partial responsibility of the insane. but never the full responsibility of the reasoning man. Henri Coutagne ^ medicales. that of knowing whether the responsibility of the insane can or cannot be partial. for the same reason. 1887). However he adds: "In order to be absolutely just. which would have been an inexcusable thing to do even had the injury been real. when the individual has already for centuries been imbued with feelings of sympathy and for a delicacy. when he passes in review the different forms of neurosis. or of alcohol- ism. often forgets his idea so squarely formulated. any more than I do. homicide even. "Manuel des expertises medicales en matiere criminelle. § 39. for the disturbance of his brain upon one point allows us to infer that it is weakened and contaminated all over. all The criminally In that has been said above we have still virtually solved a question which has greatly divided and divides alienists. I if not a partial one. he says. society. by the medico-legal estimate of the phases of the transition between complete responsibility and absolute irresponsibility. he admits an attenuated responsibility. Others do not see ' it do not see a very great difference. In a very well known work. Is a madman who. which has a duty not and harshness. ^ and it so happens that.same ' way as Falret.§39] wishing it. PARTIAL RESPONSIBILITY 185 to be a collective monster of egoism and." ^ Maudsley is not less inconsistent and wavering. It is much more concise. involuntarily committed. We must add that he himself. Here we have positivists very simple distinctions." Saury ("Folic hereditaire") expresses himself in the . one must admit a certain measure of responsibility in some cases. could not condemn a man for an injury. that with the assistance of the rules and the distinctions given above the problem judged to be incapable of solution by Falret loses a great deal of its arduous aspect. . basing his arguments on the which were presented. is no mean between everything and nothing. but distinctions which the have often neglected to take into account. concerning Thus here there cases of incomplete degeneracy. between infinity and zero." Article " Dictionnaire encyclop6dique des sciences on "Re- sponsabilit^ legale des ali6n6s. Partial or attenuated. kills him in order to be revenged. Storck. punishable? No." (Lyons. according to him. moreover.

where one may say Legrand that it has acquired an absolute right to be invoked. he succeeded in unraveling the complex nature." What do we see also? ^ "Upon the one hand a crime committed not only with premeditation." says he. . her antecedents and her family. radical dual personality of this a remarkable ability in the scaffolding of financial operations destined to cause the fortune of the victim to pass into the hands of and upon the other hand. of this visionary combined with a very practical tradeswoman. Bailliere Sons." One could not with more is force impliedly adopt the part of our theory relative to the required condition of social similarity than done in this passage. Called upon to make a study of Euphrasie Mercier. "of a very remarkable intelligence. as well as the connected condition of perBall ends with and sonal identity. extending to all the members of the same family almost without exception and presenting the most obvious characteristics On the one hand. while congratulating himself theory of attenuated. for he makes no distinction. one is right in applying to them the principles of the common law. upon the occasion of the mysterious crime of Villemomble. make his opinion a general "and they are numerous. in the case of penal responsibility. "looked at in a bad light by alienists who are confined day gives evidence of its practical value in the domain of judicial examinations. endowed with a great deal of good sense. [§39 that the establishes. a state of hereditary madness. are undoubtedly governed to a certain extent the same instincts. ^ "De la responsabilite partielle des alienes." How are we to escape recognition of the fact that the greedy Euphrasie is responsible if the mystic Euphrasie is not so ? And is it so hard here to separate the assassin . or partial responsibility. professor in the Faculty of Medicine of Paris. 1886).186 THE THEORY OF IRRESPONSIBILITY upon doing so. on the other hand. and a very energetic will. the two? one. the finished type of inof religious delirium. the most manifest indications of mental alienation. telligence in the service of crime. gave out his opinion to the same effect in a masterly way. preserved a considerable portion of their intellectual endowments." du SauUe estimates that the insane affected with the delirium to the study of clinics. Ball does not hesitate to "The insane." by Ball (J. and the same motives as are other men.-B. . and that is why. . in some particular cases. who have by the same feelings. but with an extraordinary lavishness of precautions and clever combinations. of persecutions are partially responsible. Paris. . every Ball.

none the less did Luther carry out one of the most gigantic revolutions of modern times. 1888)." says he." ists Let us grant to the alienVery well! so be it. because of having been sequestrated in a sanitarium. for it bears upon that social need of symmetry between the penalty and the recompense of which we vriW have occasion to show all the importance later on. "historical figures of the highest mental alienation. where examples of mad or half insane geniuses abound. I do not say the madman. more firm than brilliant.^ fame have presented undoubted indications Has any one ever taken exception to them of in order to diminish their merit or to renounce the debt of recognition which we have contracted in their behalf? Because he passed through a period of madness. madness. is There one thing more to be said. Did the visions of Joan of Arc prevent unbiassed history from rendering justice to the nobility of her feelings. none the less did Newton found the system of the world. and the mediocre. . But. the ordinary. everything they attempt to prove. 5th edition (Turin. to the loftiness of her patriotism. moreover. how can one maintain that they are incapable of deserving punishment. I ask. from the point of view of our theory of responsibility. " Men of the greatest genius. belong to him any more than his peculiarity belongs to the man of genius? As to the man. and the grandeur of her faith? If the insane can thus deserve reward. nature is like the ancient tyrants. allows us to resemble our fellow-countrymen in the majority of our other characteristics? Does the normality of the ordinary common pattern. criminality are different anomalies. does this prove the least bit in the world that the man of genius and the criminal from birth. Because of having been very deeply affected by hallucinations. genius. shaped after the ^ With respect to this consult "I'Uomo di genio. There is nothing normal excepting the flat. are irresponsible or even less responsible in fact than the man called normal? Is there anything which can be more particularly our own than an anomaly which characterizes us and which. it has a horror of all superiority in good or in evil and chastises it by impotence or sterility to the third and seventh generation. none the less was Auguste Comte one of the greatest philosophers who ever lived.§39] PARTL\L RESPONSIBILITY brilliant 187 but which a consideration more after reflection is still than firm at first sight." by Lomhroso. and that neither blame nor chastisement should ever reach them? The first of these two propositions logically carries with it the denial of the second. but anomalies just the same.

"Crime et suicide. inherent at the bottom of their being. Consult also Pichons book: "Morphinism. had he so wished. But this constraint in this sense. which constrains them when madness. manner to the external rule of example. that is to say. Drunkenness. It is the normal man. ^ essentially external necessity. come those which must be attributed to the habitual use of alcohol. See also According to Magnan. which is persistent and logical. hundred mental diseases would be attributable to alcoholism. arises from a necessity which is principally from within. which he could have prevented. induced by destructive habits. forty out of one Corre." chapter III. to a certain extent must be dealt with separately in this section. In Morel's classification. Doin. 1889). hashish.188 THE THEORY OF IRRESPONSIBILITY [§40 madman. his character together with the circumstances of his life being given. But it is attack due to alcohol that not with madness induced by alcohol. which does not prevent us from recognizing the fact that he was not able to so wish. If. Homicide by reason of imprudence and homicide in a madness due to alcohol. and morphine. It is certain that if the individual is in no wise responsible for the breaking out of the first." so to speak. has at last burst forth. not an individual exception to the typical rule. it is not the same thing if. one should apply to this pretended insanity what I have said concerning genius and crime. . as being irresponsible who would rather deserve to be absolved when he has submitted in a docile and unresisting § 40. (Paris. he is so to a certain extent for that of the I say that he could have others. a " disindividualization. by madness one understands. opium. on the contrary. perfectly ordinary and mediocre. the pathological their necessity. after those forms of madness which have heredity as their cause. Should drunkenness be more of an extenuating circumstance as it is more inveterate? Contradiction between the determinists and their adversaries upon this point. The habitual opium smoker and alcohol drinker have thus been constrained. which in these last few years has been progressing among us. Although easily solved with the help of the foregoing concluthe problem of responsibility as raised by drunkenness. state of intoxication." etc. but a disturbance brought to bear upon the development of the individual himself. Let us draw a 1 The question was discussed at the Congress of Legal Medicine of 1889. we are concerned with an innate extravagance. Amnesia. in which respect it differs from the sions. to enter upon their fatal course. it is with the we are concerned.

It will. and without taking the trouble to find out whether anybody is passing If he hits a passer-by. which is so hard to account for under the theory of free will. he But this same man. J. be less so his responsibility will be involved. to amuse himself. for example. discharges his revolver in the street. must be compared with that special form of responsibility. while in the normal state. but from the verj'moment when experience has warned the drinker of the fearful danger which his excesses of drinking cause others or himself to becomes blamable in a very high degree for again having become intoxicated. A man has a pistol in his hand. with Vetault/ between involuntary and voluntaryfirst intoxication. or else that which is occasioned by the a and the second into either exceptional intoxication.-B. Baillierea. or not. he had carried out the same murder? Not at all. to practise shooting. or else that which is habitual. of giving oneself courage to commit a third person. this passer-by. someone. be wounded this man will neither deserve to be prosecuted nor to be censured. could not have been foreseen by him because of their exceptional character. of the Faculty of Paris (Paris. or finally that which is complicated. than if he had intentionally aimed at and hit His fault can be reduced to not having sacrificed the risk of injury to his fellows. which his fellows. in order to be well understood. crime)." by Vetault. he did not even wish for the possibility of this he was only in the wrong in not having repulsed the prospect of this possibility and in having permitted it to happen rather than in having accepted it. 1887). The excuse which is the result of this is defective organization which makes case. or that which is intentional (with the object. his pleasure at He did not wish for the death of one of death. Is this as much as to say that thenceforth he can be as responsible for a homicide committed while in this state as he would be if. however. run. the first thus much stronger than in every other case. if one of these persons direction of a group of persons. as a consequence of a it disastrous. 1 "Etude medico-legale siir I'alcoolisme des conditions de la responHabilite au point de vue penal chez les alcoolises. us subdivide the into either accidental artifices of intoxication. grasps his arm and compels him to fire a shot with his weapon in the Obviously. behind him. Such is the case of homicide by reason of madness. In this last time that the subject gives himself over to it. . This kind of responsibility. its consequences.§ 40] DRUNKENNESS and let 189 distinction.

^ here puts a delicate c^uestion to us. but the desire which drives is less him to it and it is more easy for him to resist the temptation. One can say the same thing of the smoker of arisen. and fundamentally for the same reason. Storck. in THE THEORY OF IRRESPONSIBILITY [§40 every Code. the former is but a conditional menace. says Lorion. 1887). depending upon whether he becomes intoxicated again. and that the man suffering from alcoholism is dangerous. Habitual drunkenness. reflection. in his case 1 Let us. There is no occasion to acquit him. however. nor is there any occasion. domestic one's household. and as a consequence less free." Lyons. and with that other form of responsibihty. thus runs far less danger than does Europe. but is this difference that the man who has become an idiot through opium is not wicked. who has seen the effects of both in Cochin-China (" Criminalite et Medecine judicaire en Cochinchine. one has been the indirect cause. Possibly alcohol and opium stupefy to an equal extent. From the point of view of the theory of free will what is the consequence of this? It follows that the individual who is the most strongly tempted. which punishes the father or the master for the faults of his children and his servants. is the foundation of this responsibility it by has Well. irresistible. draw a distinction. the responsibility of the drunkard. who is habituwell informed as to what danger there may be to others in his intoxication. or whether they be the personnel of Organic solidarity in the one case. if he has killed or stolen during his short delirium. is less responsible. solidarity in the other. In the one case as in the other. from this aspect. and one which is always more society. as he becomes rooted in his chronic evil. there . The latter is a continual menace. takes a more and more exact account of the peril which he causes but on the other hand he is driven to become intoxicated by an ever increasing attraction. One is "civilly" responsible for the intentional torts committed by one's sons. for the injuries which one has unintentionally oneself caused to others. is less Conversely the accidental drunkard.190 affects. in not watching with sufficient vigilance the active elements over which one has charge. hashish or the hypnotic subject. as one is both civilly and penally responsible at the same time. the authors of wounds and homicides by reason of carelessness or awkwardness. once is of the same kind with respect to the acts which he has committed during his intoxication. whether they be the nervous and muscular elements of one's own body. whether it alcohol. China. be caused by opium or On the one hand the habitual drunkard. called civil at the Palais de Justice. to treat him as one would treat an ordinary assassin or thief. ally sober.

logical enough if one wishes at any price to make responsibility depend upon apparent free will. the responsibility is done away and the impulse towards homicide may become irresistible. an unconquerable attraction. is constrained. the individual. From which these authors conclude that he is responsible. fought against by means of an insufficient repulsion. if chronic. being more and more voluntary. Therefore must only be shown in the case of the occasional drinker. the more does it become an integral part of his being. the more exact 191 realiza- It is true that. that the alienation of case. according to Vetault. one has lost all recollection of a wrongful act which one has committed while in this state. in a similar bound up with irresponsibility?^ Does it prove that the intoxication was complete. It is more apparent (although neither more nor less real) in the case of the acute than in that of the chronic with. even in the most terrifying hallucina- tions. still preserves enough consciousness. If the use of hashish is accidental. the different legislatures have not been of this opinion. the same distinction should be applied to alcoholism. one should. . Ought we not rather to think the contrary? The proposed distinction is. ^ " What is asks Lorion. be judged irresponsible for this deed. according to him. in doubtful cases. In the first place the native badness of the agent is inherent in his person. He solves " the question by means of the same distinction as the latter: 1st. acute. and in proportion as his inevitable habit becomes deep rooted. has carried away all this unfortunate.§ 40] DRUNKENNESS by nature good. following Kocher (" Criminalite chez les Arabes"). whose conscientious work is worthy of praise. there- fore he the indulgence of the judge must be reserved for this inveterate victim of alcohol and severity is irresponsible. to pronounce himself for and not against responsibility. the majority punish the habitual drunkard with an exceptional severity. 2 It is a good thing to note that Vetault. to feel that he is delirious. that he may have been shown to have been naturally bad? His innate badness is a thing which he could not help bringing with him when he was born. 2d. According to these authors. But what does it matter. however.^ For- tunately. had he been tion of the misfortunes made possible or probable by his intoxication would have aroused in him a repulsion greater than was the appetite for this impure pleasure. hashish eater and alcohol drinker. it leaves the responsibility intact (as though the man who accidentally becomes intoxicated were in possession of his consciousness and his will!) but. When on coming out of an attack of drunkenness. and which must have been such because of his native perversity.. op. he is irresponsible. If the use of hashish is chroiiic. the degree of the responsibility of a smoker or of a hashish eater? cit. There is nothing more fitted to strengthen our point of view. Why is this? Why is amnesia. from the point of view of the theory of free will. according to the conclusive experiments of Moreau. If acute. After all.

been any the less conscious. upon the altogether insignificant importance which must be attached to the . Binet and Hypnotism is so it. Volxmthus something other than a complicated suggestion. this depends upon If it be forgotten." and consequently." 2 "De la suggestion hj'pnotique dans ses rapports avec le droit ci\nl et le . the recollection of it would in no way prove the contrary. it is rather its character which is foreign to the social person.192 the acts THE THEORY OF IRRESPONSIBILITY moment was profound? leave a more or [§41 No. We strongly approve of the remarks of Garofalo upon this point: "We must observe whether the sort of crime committed during intoxication corresponds to the character of the indi\ndual. and without consciousness. Thus it is not the so-called unconscious or even voluntary character of an act which is attested by its being forgotten when one awakes. remembering or the forgetting of that which one has done during a dream or during hj^notic delirium. if the inhumanity or the improbity of the act corresponds with the inclinations of the delinquent. to deal with hackneyed a subject that we almost scruple responsibility of the hypnotized and of the hypnotizer has been treated of by Liegeois. tary decision is Hypnosis and dreaming. and sometimes remembered upon awakening. The ^ Of course.^ Messrs. without resolution. "when one establishes that certain acts were done in a state of amnesia. of Delboeuf and others. but. § 41. This fact has thus not any very great significance and cannot acquire any except by the favor of our interpretation. moreover. or felt to be so by the sleeper or the hypnotized subject. There is not the slightest relation between the deepness of sleep and the deepness of forgetThe same dream is sometimes forgotten fulness after dreaming. and the imaginary acts which go to make it up have not thereby been any the less willing. two forms of the assowhich imply the reality of the identical person. during another state of hypnosis. it is contradicted by all that one knows as a consequence of the observations and the experiments of Alfred Maury. they will be or may be recollected by the abnormal "myself" which belongs to these states.^ and. They may not have left any trace in the memory of the normal "myself ". Hypnotism and identity. it has not entirely accidental circumstances. "willing less lasting impression upon the mind. a great importance should be attached to the question of whether the drunkenness has been a denaturing of the person or merely an exaggerating of his nature. deliberated even." This reasoning is far from being conclusive. it means that they were carried out without deliberation. but later on in a new dream. says this author. and during another attack of epilepsy as well. ciation of images.

hypnotism is the experimental junction point of psychology and sociology it shows us the most simplified sort of psychic life which can be conceived of under the form of the most elementary social relation. Campili. 1884). etc. entitled: "Hypnotism et re- droit criminel. obliges us to pause here. of having drawn the attention of the public to these questions. ." Nos. See also Gilles de la Tourette. who are already without it. 2 "Archives de 1' Anthropologic criminelle. 1890). 10 and 12. and arson hypnotically suggested are perhaps am far from saying probably) from the laboratories. in Corsica. But the general problem exists none the less. It could rather serve to falsify the testimony of children. and this is not the only one. whether and to what extent criminal suggestion is a possibility. for example. by assassinations by appointment. answered in the negative. in that which concerns the responsibility which attaches to the various sorts of neurosis or of disorders even. to be called A practical interest (I : Thefts.' HYPNOTISM AND IDENTITY 193 Ladame ^ and many other learned men. But a double interest.§41] Fere. which are due to social causes. the court at Var in 1865 in the Castellan case. there is nothing more instructive than hypnotism. Finally. of Beaunis. It is easy to apply our general point of view to this question. from a practical standpoint. This does not at all mean that they will be called upon in the near future to play in the midst of our civilization the bloody part which was filled in the feudal past. And especially. In spite of the criticisms of which this memoranthe object on the part of Binet and Fere. 1885. throws light on all the forms of mental alienation which we have just been studying. which are still made use of. it seems." and the works of Pitres. to unwhich have perhaps already had to take them into account without being aware of it. The article of Binet and Fere. It can be answered in a pretty broad general sense. with us. that madness at will.^ — . so eminently the subject of warnings. the hypnotic suggestion will always be sponsabilite." appeared in the ^ "D ' the most perilous and the most inconvenient of criminal proceedings. to change an honest man into an assassin. I think with reason. An interest which is especially theoretical hypnotism. At the same time we must admit that. We know the part played by hypnotism in the Eyraud-Bompard case (December. at the same time practical and theoretical. L'Hypnotisme au point de vue Medico-legal. of Bernheim. in the near future upon fold themselves before the criminal courts. grande hypnotismo nel rapporto col diritto penale e civile" by Giulio Campili (Turin. it still retains the incontestable merit. In fact it may be sufficient to suggest to an honest man the illusion of lawful defence in order to suggest to him a murder." (Picard. dum has been "Revue philosophique" in March. ' This prediction was soon fulfilled. Bocca. Did Gabrielle Bompard obey a hypnotic suggestion? The question was asked and was. the power of transforming the character in its very depths. in Florence and in Germany. while refusing to hypnotism. 1886). murders.

194 THE THEORY OP HIRESPONSIBILITY is [§41 Also there of free will. the latter is not more responsible. is not purely an automaton. They are at this time. or at least awakened The hypnotic as far as appearances are concerned." For it has never been demonstrated by a single authentic example that hypnotism has transformed a good and straight nature into one which is cruel and false. lieving that he was able not to have wished to do his act. First of all. aversions. which distinguish them from their habitual personality. It is true that this . who. be a person such as the latter for the responsibility of the person hypnotized awakened. in fact. to be involved up to a certain point. It is true that in reply to this may be said that here the illusion of personal identity seems to be as completely contradicted as does that of liberty. and which Delboeuf well calls somnambulistic wakefulness. their aversions and especially their preferences. nothing better fitted to cure us of the illusion subject awakened. which is in reality very incomplete. under the persisting domination of a command received during his sleep. the person whom one supposes to be responsible is not the guilty person. The hypnotized person. and even during deep hypnosis. as the authors who have been cited are led to think. or else could not be carried out because the moral base of the being has obstinately resisted this suggestion. for this person is essentially withdrawn from social sufficient that it however action and unlike the social surroundings." say Binet and Fere. and preferences. in the second place. believes himself to be free to act in this way and bases his conviction upon the false pretexts which are furnished him by his imagination in order to justify in his own eyes his absurd act. when in this state of apparent awakening. and the thefts of watches and the blows which have been suggested to various honest and mild subjects have either only been carried out because the person hypnotized was conscious of playing a part in a comedy. quite special "somnambulistic myself. Is it Character. However Our somnambulist is mistaken in bethis is not so in the least. "persons who have their character." which nevertheless retains the moral character of the other " myself. to appropriate for himself in an illusory manner an it initiative from a foreign source. steals a watch or hits one of his friends. as do Pitres and Ladame? I think not and for two reasons. but he is not mistaken in believing that he wished it and that consequently Only this he is not his normal "myself. moreover. that is to say of the other person." it is a it really is Jiis.

I hear everything and remember everything. is an extreme simplification of mental life. In the same way. to regard this unilateral action of a "myself" upon another as the first analytical explanation of this reciprocal action element and the which constitutes the true relation of society. I do not feel that I am asleep. one would have to say that the normal "myself" is the "myself" of circle into ^ To compare hypnosis to natural sleep has ceased to be a hypothesis. one can say that the proof of their fundamental identity was furnished by Delbceuf. I feel no other sensation save that of a great well-being. "when I feel an overwhelming calmness. a an ellipse and a parabola.§41] HYPNOTISM AND IDENTITY 195 person has a relation to the hypnotizer. here very far. wherein the English have mistakenly wished to see the supreme law of psychology. Now how do the subjects of Delbceuf describe that which they have experienced? "I have scarcely closed my eyelids. without transition. He was the first to show that one could easily recall to hypnotic subjects who had been awakened the memory of the singular state from which they had just emerged.^ and. It is in the same way as voluntary action has been connected with reflex action." ." says one of them. simply by the play of the association of images. but does that prove that the final state does not radically difi^er from the initial state? Without any discontinuity one can change a straight line into a circle. every morning one by degrees from the dreaming "myself" to the "myself" awakened. soul. owing to an intricacy of simultaneous suggestions. one would connect the suggested action of the most thoroughly asleep somnambulist with the deliberated action of the most balanced and sane will. in the last analysis. It is only when I am awakened that I perceive that I was asleep. Without a doubt this can be conceived of in the abstract. If they had spoken the truth. in an ever increasing number and whose termination is ever farther off and more indefinite. it is allowable to imagine a series of stages by means of which. as we look at it. or is From onesidedness to reciprocity. it is also very far from dreaming to awakenpasses from the animal soul to the human One wakes up every morning. but this person has no more a social relation to him than has the dog to his master^ although it is permissible. all of which does not prevent these lines or these figures from being precisely defined by means of their proper formulae and their particular theorems. ing. in fact. and I could just as well have said ordinary sleep. This mutilation is its radical transformation. from hypnosis to the normal state. is to be explained as is the latter. and though one generally passes suddenly. The marvel of hypnotism as far as this is concerned is scarcely more astonishing than is the phenomenon of dreaming. I have said that hypnosis.

or makes a gesture. it is no more / myself who suggest to myself while dreaming all the absurdities at which I laugh upon awakening. than it is the hypnotized subject who suggests to himself the misdeeds which the one hypnotizing orders him to commit. contents. for only during the course of a dream that images of the single fact of their and ideas are Hnked together by virtue previous connection." The mind of the dreamer is a dark firmament. the idea or the action associated with this sign is at once reproduced. a sentence. in order to kill somebody. One ought to say the same thing of the hypnotic "myself. the mind of the hypnotic subject is in the same way emptied of its entire latter speaks a and sound of the magnetizer. excepting the sight when the really associated are those which suggest one one to appear evokes the second and thus plays the part of the sentence spoken or the gesture outlined by the hypnotizer. is no more the true author of his crime than would a hypnotized subject be under the same circumstances. When we dream we thus at each moment hypnotize ourselves. logic compels one to draw this same conclusion in the case of dreaming and in the case of madness as well. association is nothing but a species of suggestion. a person like our- . that every time the law of the association of images alone predominates. I mean to say with about one image in it. and. with about one star. which evokes therein another. the hypnotizer. out in the core of the diseased or weakened brain is merely the reproduction within of the duality of the magnetizer and the Images which are first another. conversely. there takes place within us the action of some one other than of hypnotism. and. If this is more evident in the case primarily because here the other than ourselves. between him and the insane man who commits homicide there is not the slightest difference This duality which I have often pointed in this respect either.196 THE THEORY OF IRRESPONSIBILITY it is [§41 the dreamer. What essential difference is there between hypnotism and the somnambulism which is called natural? The spontaneous somnambulist who gets up during the night. is who is visible to everybody. Now. Suggestion is therefore nothing but a species of association. and so on and so forth. it is ourselves. This means. and the succession of images which constitute the dreams are nothing but a continuous auto-suggestion. the magnetized. If one is here forced to recognize that the instrumentality and the cause of the act are two distinct things. Or to put it better. without suggestion from anyone else. word.

bond is no more close than that of the verbal sign or of the gesture with the idea which it expresses. and that which was but a light shadow during wakefulness then becomes a vision. says Morel. It is therefore not astonishing that the hypnotized subject mechanically obeys the one who magnetizes him and manifests a blind faith in his word. or to a single image. HYPNOTISM AND IDENTITY and in the second place. arises the rapid succession of the most oppo- sed passions. by the word magnetizer or by the antecedent image which the dreamer has seen. of convictions which are the most contradictory within the mind of the insane.^ However it is certain that there never has been a dream which has had the intensity of effect proper to hypnotic suggestion. "dread becomes terror. throws itself on this side.§41] selves. but one possible act. as in the case of hypnosis. by reason of the paralysis of the governing centres of his brain. whereas several other images are as a general rule bound up From this arises the irresistibly settled character in a given image." From thence also. or even upon the muscular system. as in the case of a dream. is easily accounted for if one picture to oneself the brain as continually disposing of a certain amount of credulity and docility which. extraordinarily rigorous. corresponds to one sentence or to one gesture of the latter. the doubt. is distributed among all the simultaneous feelings and reminiscences. in spite of the no less in this case. of the illusions of the hypnotized subject and the capricious appearance of the illusions of the dreamer. . with the act which is a realization of this idea when it is an idea of an act. without any difficulty. The mind is on the declivity of exaggeration in all things. upon the depths of organic life. which needs to strive for or to realize a given thing. still as in dreams. When as a consequence of a momentary and almost absolute paralysis of the senses and of the memory. There and fixed association absolute bindingness of the latter. normally. courage a carrying away which nothing can stem. but is so much the more strongly impressed thereby. Furthermore the eflScacy from the point of view of hallucinaof the tion of the image which has been suggested. the whole force of its belief calls for and desire which one direction. the mind finds itself reduced to but a single feeling. that is to say because of the extreme poverty of mind of the madman who. and consequently. brings ' The singular strength of the beliefs and impulses of the insane can be partly accounted for in the same manner. never thinks of more than one thing at a time. because the is 197 of association. the slightest impulse seldom fails to carry it away. which has even healed wounds and which. for ordinarily but one possible hallucination. the suspicion which have the very slightest foundation can become a certainty. always in considerable numbers. Then.

and long identical "myman who is awake. and ever changing " myself. but we also know that this influence It is is too insignificant to involve his responsibility. hypnosis. is far from presenting this absolute passiveness which we assumed a little difference while ago for the convenience of our discussion. one might say that the concurrence and accumulation of the innumerable examples and subject. But does not depend upon that which exists between the circumstances under which the two kinds of sleep compared by us Ordinary sleep is produced by exhaustion of strength." of the .198 into play THE THEORY OF IRRESPONSIBILITY all [§41 this the muscles of the patient. and. This latter really constitutes the to the law of logic and finality. among the many ideas. Otherwise. to the chief pre-occupation of the moment. And. should be active and powerful in a different manner to the dream induced by sleep. person. important to notice this clear distinction between the inconsequent. designates. which is the humble bed of a little brook. moreover. Now. Already. occur? at the moment when the need of believing and of acting has fallen below low. in fact. in fact. during wakefulness. we shall have been able to perceive both as a germ and The in operation this essential need even in the deepest dream. on the other hand. between the state of dreaming and the state of awakening. is that there exist a central rallying point wherein are stored and mingled the memories and perceptions which are increasing." of the hypnotic and the incoherent. one can understand that the dream induced by hypnosis. at the time when the double current of credulity and docility Thus of which we are speaking still flows from bank to bank. dreamer. and chooses the idea which conforms to the end pursued. is there nothing more than a difference in degree due simply to an increasing complication of the elementary fact But the first condition which is of association or of suggestion? requisite in order that this complication may be possible. self. once more. unstable. We know that he has "his aversions and his preferences." which means his dominant feelings or prejudices which have an influence over the progress and the unfolding of his phantasms. takes place through the damming and ebbing of the strength. which are concurrently offered by means of their ties of similarity or of contiguity with others. tenacious. we establish with Paulhan that the law of the association of images is always subordinate to a superior law. the only channel for this stream.water mark. and especially the hypnotic subject.

the most thoroughly social being is the most thoroughly imitative being. the "/" would be the most insignificant of all words." as Ladame says so well. it is especially by their character within and not foreign to the person. were here a simple delusion. must essentially imply the faculty of resisting an isolated example. notice this very important point: absolute imitative- and from and not merely from one single direction. according to us. the faculty of submitting to influences of all kinds porates all the others. a fascinator of mobs. the resultant to components. But we must every side. which are combined in each one of us are to be distinguished from hypnotic suggestion. would be in inverse ratio. far from being proportional to his responsibiUty. a regular combination of scattered impressions under the domination of one of them which the "myself" has made its own and by means of which it incorness. A universal impressionability assumes an extraordinary originality which consists in a profound finality and logic. also certain. as is the case with the hypnotic subject. Now it is certain that it is "hypnotic as suggestion. And at the same time we must admit that very often. Again it is only over natures predisposed towards this contagion that it acquires this absolute power. its It is not only here that the combination its is opposed to call elements.§41] HYPNOTISM AND IDENTITY 199 influences of surrounding society determine the crime of the most thoroughly awake and healthy man. that the social relation being imitation. them the suggestions of the social surroundings if you will. Society taken as a whole would thus always be the true author of the misdeeds carried out by some one of its members. Also it is not alone by their anonymous character that the many influences. And this remark applies to the very much simpler cases where madness is propagated from father to If there monosyllable . a sort of Donato on a large scale. like that of free will. a particular influence. by their personal incorporation and their integration which has in all it after all nothing more mysterious than the other integrations and incorporations of the universe. in the same manner as the example and the influence of the magnetizer alone determine the acts of the most thoroughly asleep hysterical woman. and the sociability of the individual. much more often than one would suppose. the controlling influence of an enchanting man. exercises over his contemporaries an absolute rule which ought in a great measure to cause the responsibility for the vices or the crimes bearing his effigy to be brought home to him. "is of the same nature persuasion during the state of wakefulness".

account of this fact. without any consent on their part." No. was the unconscious victim of a rape and was astonished to find herself pregnant. Certain subjects without knowing it present hypnotic zones. the larcenies which they would not dare to commit were it not for this. that the latter is but the echo of the former. according to Ball.200 son. p. 325. He cites a crime of this sort the discovery of which hypnotism alone ' See in the "Archives de TAnthropologie criminelle. But it frequently happens that. that the first one is Often the imitaintelligent and the second is far less endowed. but some- times at the will of the hypnotizer only. Ladame believes himself to be able to establish the frequency of rape committed upon people who have been hypnotized. one was perfectly willing to have do example to so. This case in which companions having become accomplices reinforce their depraved tendencies by means of mutual suggestion. pointed out by Pitres. contact with which alone." While studying these phenomena of the "delirium of two. as we saw." his mistress. Before we draw to a close. let us also notice that the indirect responsibility of the drunkard. Those who resemble one another assemble together.^ of a young pressed. 10. the . cannot but recall the case of the hysterical women of the Salpetriere who have suggested to them. of which one can become convinced by reading Legrand du Saulle's "Delire des persecutions. from sister to sister. plunges them into a deep sleep and gives them over without any defence to the one who has touched them. Such is the case." "and when the two patients are undergoing treatment. who is always guilty of having willingly exposed his fellow-men to the danger of his intoxication. tive force goes so far as to cause the same hallucinations of hearing to pass from one to the other. is being made. when her elbow was and who immediately went to sleep. was possessed of a power similar to this over her brothers and sisters. from a lover to One sees many examples of this. the physician will notice that one of them dominates the other. THE THEORY OF HIRESPONSIBILITY [§ 41 from wife to husband. girl who. when one suffers it carry one away. Euphrasie Mercier. not applicable to the hypnotic subject without a distinction Hypnosis is a form of madness at will. the malefactor who has drawn from the surrounding suggestion of his companions the daring to murder or to steal began by choosing his friends and by creating for himself the society which suited him. and not of the hypnotized.

the patient having been put to sleep by the expert and having then revealed and given the circumstances of the fact which was forgotten by her in her normal state. Storck. § 42. born distrustful. It is especially. 22.^ ^ The latter. very rarely is the character inverted as a consequence of old age. and reflection. the more does that of their victims recede. thus the passions to which the old man gives way make him resemble the driver who is crushed by the wagon which he has set in motion. Can one say that the old satyr. according to Tarif would come very near to being sur la folic. epilepsy and hypnotism are accidental alterations is or alienations of the person." No.) anthropologic crimi- . foresight." and this contrast bears witness to a softening of the brain which brings us back to mental alienation. If madness. an evil old age is a certificate of an evil life." irresponsible. is deserving of more severity than a mature man who rapes a woman? We ought to say with Tardieu. becomes sordidly such and such another. Age and sex. than the problems treated of above. driven to indecent assaults upon children by a sickly passion. at least he surdi- "Etude medico-Iegale — Especially consult Lannois: "La In "Archives de 1' mutite et les sourds-muets devant la loi. that hypnotism is to be dreaded in the future.§42] AGE AND SEX 201 made possible. that "the more advanced the age of criminals becomes. it. Bernheim has demon- strated the possibility of suggesting to a witness a retroactive hallucination. old The question responsible for of man is still knowing up to what point the his acts is therefore of far more practical importance will. as often the case with drunkenness. However. by reason of his characteristic experience. only say a word as regards its solution. Old age is the shriveled fruit of life. extreme old age their inevitable decomposition. becomes ridiculously suspicious. (Lyons. We senile is however. dieu. this is only true in part. far from being able to aspire for an extenuation of his culpability. 1889." nelle. born economical. the old man who is not insane should be judged to be more guilty than other men. for everything that has already been said helps in To what extent is degeneration a denaturing of the person? Is it not rather. in so far as false testimony in criminal cases is concerned. responsibility of the deaf-mute. a strengthening and a develop- Such and such a man. and we could not agree with Chauveau and Faustin Helie that. Old age. A question which is also rather a delicate one is that of the ment? avaricious as he advances in age.

§ 43. without having anything pathological about them. Effects of penal transportation. Is this as much as to say that the fact of belonging to the male sex ought to be considered as an extenuating circumstance in the case of various offenses. must one extend to these latter in their depth? decreased his responsibility. Moral conversion. 1890). within. Remorse and repentance. formations obtained by the foxmders of sects or religions. to the same extent as they affected his identity they But are there not transformations moral regenerations of oneself by oneself.'' According to all statistics. which are as salutary as the preceding are destructive. one cannot harbor the slightest doubt with respect to this. or every other deplorable condition of his oriit if gin? limit myself to asking this question. Should I not. salutary insanity. without having in it anything morbid. sometimes rival these If any such exist. are in use in these days. "Let us not confuse. at least as far as morality is concerned." May. men are far more forcibly impelled towards crime than are women.^ This is the occasion to first bring out in the edition of this work. Slowness of great conversions. say a word as to an influence which. in fact. and which. "the identity of the person in the biological and individual sense of the word with its identity in the social sense. he would be a stranger all his life to the society of other men. beneficial alienations of the sponsibility? ^ This twofold question "myself" the same privilege of irreis worth while looking into.202 THE THEORY OF IRRESPONSIBILITY [§ 43 were not brought up according to the perfected methods which If he did not have this special education. Identity . especially that of crimes of a violent nature? ridiculous opinion. Nobody has put is forth this at the same time what reason there for not admitting assassin or a thief the assassinations or the thefts by his I one believes one ought to invoke in favor of an committed parents. one could not say of his fellow-men. Thus it is an annoying fate for an individual to be born a boy. deserves attention from our point of view: that of sex. and we have seen that. all We efiPect have just gone over the morbid causes which have the of more or less deeply transforming the person. Great extent of moral transNecessity of surrounding suggestion. finally. is Most assuredly the nature of my sex no more an essential part of me than is my parentage." I have since said ("Revue philosophique. draw a general distinction which I had neglected to and which was responsible for my seeing very clever minds among the anthropologists reject my theory of responsibility at the outset and without examination.

has been turned into military bravery. the inhabitants of the Swiss. which are at first voluntary. with which one need not be concerned relatively to the object which one has in view. our century. when the Bulgarians. those former cannibals changed into peaceful laborers. as a consequence. but a minimum of change change and motion. which could have been otherwise. " Now such a degree or such a kind of modification as would perfectly suffice own work. modern Greece as compared with ancient Greece. for the sociologist. exceeded in bloodthirsty to us as the and vindictive cruelty. even in fiction. to free ourselves from both of these influences. in the number of homicides. that the mysterious powers of life alone can modify within us their character. Romagna.§43] MORAL CONVERSION naturalists of the penal law. which has so often been the dupe of words. Calabria compared with Greater Greece. as rest always signifies motion. because his native audacity. such as the Scotch people. WTien a people. without forgetting the Islanders of the Marquesas. diverse and unequal. as unjust as to impute to the madman who had been cured the extravagant acts committed during an attack of his madness which is past. and when. and. the and many others. the Cossacks. un- The imbued with the fortunately only too well justified in the majority of cases. to judge him to be guilty or worthy of blame because of the crimes committed by him before his conversion would be from a social and a moral point of view. Their scepticism. but for the former. but he has become socially another. of innate tendencies. of acquired feelings. it has begun no longer to tolerate the hackneyed type of the repentant sinner. For the latter the person is characterized by the singularity of a certain group. the only one which interests us. it is essentially characterized by a certain system of customary ends. concurring on this point with our pessimism which is derived from other sources. the Piedmontese. and. That which is true of individuals is also true of peoples. which is the expression of the organism and the race. An individual has not become physiologically or even psychologically another. We have here a fashion. Let us endeavor. classed as the most white of all on the map of murder and assassination. the Servians. or else a sort of to operate a complete transformation of the person in the eyes of the moralist can perfectly well allow the wholeness of the individual character to continue in exist- ence in the eyes of the natural psychologist. in the savageries of brigandage. in scientific voyages of exploration. our always signifies and of motion. 203 idea. and still less that of the regenerated brigand. scarce two centuries ago. says that it is undeceived by appearances. has been contagious. have very little belief in "the conversion of sinners" and only speak of it with a smile. if that be possible. Paulhan would say of a certain system. show us the passage of the most humanitarian civilization into the most cruel barbarity. has changed to the very greatest possible extent?" . are we not justified in saying that the ethnical character of peoples from the social point of view. is now shown most gentle and inoffensive people of Europe. on the contrary. If the moral character of a man were something as change. show us a similar phenomenon. after having been for a long time exercised in maritime adventures. Sicily and Corsica. which are moreover susceptible of being made use of for the most contrary social or antisocial ends. wherein the natural person finds its special occupation. of a certain equilibrium. the reverse of the artificial optimism which ruled during the last century. which.

account to us for others which have taken place in the past." Undoubtedly during the period of transition between these two extremes. This is what happens whenever the nature of an individual is ruled over by some exact and strong vocation. those sea-wolves. or even than does the play of the physiognomy in perceptibly altering the features of the countenance. "that their progress was marvelous. those ferocious cannibals. have been marvelously softened. after having had the traditional passion for crime. which to agriculture. as special as the instinct of bees.204 THE THEORY OF HIRESPONSIBILITY it [§ 43 limited as his physical shape. Under the influence of a few missionaries. by means of evidences worthy of credence. to the life is as tyrannical. pp. a hereditary impulse towalrds the calling of arms. "Great Britain. of a seaman. they have "become salvors always ready to lay down their lives. among the grandsons of Hengist one is to believe Onesime Reclus. shows the degree of the plasticity of those human instincts reputed to be the most untamable by reason of their antiquity. one could judge able. whereas now. had that for salvage. became transformed into shepherd dogs in the tenth century. in the same way as have the descendants of the bloodthirsty Aztecs. he became convinced. Darwin at the time of his extensive voyage had declared the Fuegians (the inhabitants of Terra del Fuego) to be absolutely incapable of becoming civilized. it to be as unalter- the efforts of the will would succeed no better in changing than do movements and attitudes in changing the form of the body." Formerly. the Fijians.). as we are informed by his Correspondence (Vol. horror of blood was remarkable and Horsa. These phenomena taking place in our own times. and at once sent a check for five pounds Sterling to the Society of English Missions. without their race having changed. Ozanam was able to say. There are very few men in fact. there were to be found many individuals who. Some few years later. whose nature. In less than a century. the inhabitants of English Cornwall "led vessels upon the reefs by means of moving lights" in order to capture them. the Bretons and the Gauls into Romans under Caesar. sometimes even to murder or to theft. The rapidity with which the Normans. II. that island of pirates. if . a vague virtuality." that these bandits who had been baptized had become remarkable for their honesty. But this case is far more rare than people seem to think. had become the island of saints" and "the into Christians in the seventh. 449 et seq.

being our own surgeon. our thought and our conduct. of several different solutions which are so many distinct or even. and we are able to sing like Dante our "vita nuova. contrary personalities between which as a general thing the chance This ought to be so if the of their life alone makes the choice. a refined Athenian. from which they will have come out in a few days miraculously altered. we succeed in driving it out and. our master-idea. on the ruins of dear illusion the hard truth. the life of a cynic in all its roughness. which has dictated according to its convenience. and no more here than elsewhere does life admit of a sudden turning point. for example. after having listened to the inflamed speech of a Demetrius (first century) or of a Demonax (second century). Pythagoras. and this coincidence is remarkable. had their Hegira. and more often than not unknown to us. But great these are either legendary or exceptional facts. to drive from his heart all desire and from his mind all curiosity. and these men were themselves so well convinced of the slowness of true conversions that they generally imposed upon the chosen among their disciples a long period of preliminary tests which . to sleep on straw. such as ambition. in sowing on the ruins of vanity a resignation to absolute nothingness. Paul falls month in upon the road to Damascus.§43] MORAL CONVERSION 205 an undetermined problem. it was a turning upside down of his life from top to bottom. such as a certain pride or a certain religious belief. to sell his goods. Buddha and personality. is laid bare before us and loses its force. combated by a new inspiration. Augustine has his decisive ecstasy under Luther in his a cloister. Ignatius Loyola. does not admit of several realizations. Mount Ida. the day when." Only more than one day is required in order that this day may dawn. our mother-passion. on the ruins of egoism. and self-denial. or love. their retreat into the desert or the woods. I know quite well that a bitter crisis in the midst of their lives. The day when. kindness. that very day there arises within us an entirely new person. When a Roman patrician. St. passes a meditation in the sacred cave of his fig tree. as Christ. pity. as well as Mahomet. of hatred and of envy. the identity. or of some deep sentiment. we understand them. consist in the domination of some unheard conviction. in Crete. wounded in the leg. avarice. took it upon himself to lead as they did. is credited to the majority of the great founders of religions or of religious orders. recreates new soul for himself in a few weeks of medita- tion in his castle.

it must be slower in its accomplishment than when it is wished for by the novice. which. is The help of grace is necessary for this. reduced to its forces alone. under a is common with and a common all. say the to say the assistance of a sudden. Religions. . the will of the individual is always powerless. even though cut down by the application of the wisest methods of training. of a mountain bandit a hero. for the stable convictions of which the inditions of the neophyte. up to the present time. and each one of whom fortified That transformation of the personality which. Not only the monastic orders of every religion. in his marvelous philosophical monastery at Crotona. the support which is necessary for the moral renovations which the individual has dreamed of and which he cannot realize all by himself. the military novitiate. demanded of his ascetics a novitiate of five years before authorizing them which signalized the Dominicans of a later age. is momentary and more apparent than real.206 THE THEORY OF IRRESPONSIBILITY [§ 43 were judged to be necessary for their regeneration. the suggestive co-operation of examples necessary. that tion. Pythagoras. however. have gone through such experiences. in the case of the hypnotic subject. and this is the explanation of If one wdslies to see in them only a museum of their vitality. the reciprocal carrying faith away of the neophytes gathered together rule. out of a cowardly of flax. to change the less trend of his heart. As to the education of children. with the very rare exception of a few great men. But one can easily conceive that. But they are something else. Christians. as in the case of the Mameluke and the schoolboy." Mameluke. under favorable conditions. that is. Everywhere. to don the white tunic bound by a cord must make a soldier "in spirit. when the transformation takes place without the preliminary consent of the one who undergoes it. it is impossible to understand their secular and universal domination. ancient superstitions and of children's tales. Buddhistic or Christian. laborer also of a Circassian slave a lasts several years. works miracles. which. That which is important to notice. but even the civilized armies of all times. have had almost the monopoly of these great recastings of souls. affection or anguish. and for the lasting intellectual settlements as well. a deep emoespecially is enthusiasm or suffering. is that. one knows that it is scarcely ever complete in than ten years. becomes a continued and durable reality in the case the strength of thanks to that continuity of simultaneous suggeswhich he assimilates to himself.

having become alike through imitation of this common model. as to the Franks for example. the depth of the moral metamorphoses which often take place during the course of a human life cannot be denied.^ in Ireland. is exaggerated. His enthusiasm ^ "La Grande Grece. Undoubtedly it is a good thing not to accept without reservation what the sacred writers tell us as to the conversions. the Geneva of Calvin or the Florence of Savonarola. which all the collective work of the others as well as himself." Vol. but not superficially. But is it permissible to dispute the eflScacy of the Christian missions in Germania. first because his co-religionists have worked it is indeed his own. but no less convincing example. must not only consult Ozanam and Montalembert on this subject. instantane- ous and "en masse. a is second nature is thus formed within each associate. pseudo-reHgious. every institution which has been truly regenerative has been one of these. II. the great secret societies. "those mendicant friars of antiquity" or the Catholic Seminaries. the Porch or the PortRoyal.'' The inhabitants of Crotona were laid low by a recent disaster he raised them up again. Monetary unity is generally the clearest indication of social unity. and Greek inhabitants of Italy. is it But if any the less his for its accomplishment. all the towns of Greater Greece borrowed its institutions from Crotona. the power of the preachings of Pythagoras? "This was somewhat of an analogy to the preaching of Buddha in India. . but curious. When one sees Greeks. but The republic of Paraguay is another more doubtful. the schools of the Cynics.'* No. in Saxony. so much so that. The proof that their conversion was thorough is that their propaganda spread far in time and space. gave them new life. just as much. who were regenerated between one evening and the next day because of the baptism of Clovis. victory and prosperity. nature. the fruit of an ardent collaboration. which he not more so than his had not even con- curred in forming. without the imitative pressure of the prevaiUng unanimity around Rehgious. However this may be." says Lenormand. Artificially if you will. One can read with respect to this the Marquis of Argenson ia ^ We — his "Considerations" (1764).§43] MORAL CON\TERSION 207 vidual feels the need and which few minds can themselves found them." of an entire people. the convents of Thibet or of the Aztecs. despite the remoteness of time. neighbors : also Littre. the noisy meetings of the Quakers or the silent w^alks of the Pythagoreans. or quasi-rehgious. and even. and scepticism upon this point would be but ignorance. they were able to have a national currency.

they are there regenerated in seriousness. The being sent abroad. 1875). and the power of example is such that. THE THEORY OF IRRESPONSIBILITY become chaste and silent [§ 43 under the influence of this extraordinary man. the complete change in climate and way of living impresses upon many a person who has been deported the moral stirring up which disposes them towards a change of heart.208 of Sybaris. were led away by their mutual con' "Etude it sur la question des peines. when one sees the high culture and the exquisite charm of the Pythagorean women. would be one which was a moral novitiate: this is the object striven for by the cell system. these latter "separated from the others by a little integrity. if the new surroundings into which they are thrown The ideal prison are honest or practically honest. . gained over to the new feelings. Francis of These symbols are transparent." by Michaux. to the new customs. as we know. cannot but be powerless. it very far from the perfection dreamed of. The least one can admit in this case and in all the other analogous cases is that some few souls were stirred to their depths and that. as reserved in their customs as they are lofty in their minds. as Michaux ^ says. sub-director of Colonies. especially interesting by reason of the details which furnishes on the history of Enghsh deportations. all Such has been the spectacle offered by the convicts at least in the various centres where the colonists of their in Australia. a town. this recalls. Though harmless. and practising fraternal communism. a nation was raised up little by little. (Paris. one cannot doubt but that the apostleship of the master had the virtue attested by the whole of antiquity. penitentiary colonies have sometimes given better results. and it is natural to attribute this second power to him who has — — given proof of the first one. but. who have come own volition mingled with those who had been transported and where. but one plainly Isolation may be sees what it essentially lacks in its attainment. The fact is that the Assisi. I do not say recantation because of interest moral conversion of a man can be compared to the domesticating of a wild animal. says Lenormand. grandmothers of Hypatia. An excellent pamphlet. to a varying and ever increasing extent. A legend tells that Pythagoras would have tamed an ordinary bear which followed him in the streets of Crotona and a white eagle which was flying above him. through the action of this leaven. blossom forth in the midst of the gynecium or the markets for courtesans. the taming of the wolf of Gubbio by St.

for in the island of Norfolk. . is today numbered among those to whom one makes a payment without taking any receipt for it. Thebes.§43] MORAL CONVERSION 209 tagion". Rome. the emulation of vice and crime was seen to result in a paroxysm of depravity and savageness. policed." In a quarter of a century. In Noumea. distinguished for his good conduct. is one of the principal forms of female criminality. condemned upon his own admissions." Often "confiding colonists close neither doors nor windows and have no reason to be sorry for it. but after all. before having become those who ^ supply you. are they never to be found? three regiments of Marines]. even eight years after the colony was founded. and to create order out of nothing but disorder. Marines' [that are transported criminals. is to say who jokingly pretend they followed the now very honest fellows. there too "the material and moral raising up of the condemned is no longer a philanthropic abstraction. Finally. were members of the '4th." Why should we be astonished at these facts? Cannot one consider as a sort of penal colony those great capitals of ancient times. as prostitution. the most brilliant civilizations of the old world began thus. "a population of 40. in the anthropologic criminelle. had been agglomerated. where an attempt was made to colonize with the convict element free from any alloy. which were originally simply places of refuge hospitably open to the malefactors who came from all the surrounding country? Was not the refugee in such a case a sort of a willingly transported man? Now. for qualified theft. they are * Under this title there 1' "Archives de appeared a very curious article by Kernwoor. Now to be sure Magdalenes are exceptional enough. If I am to believe the "Chronique de Noumea" upon this point. On the contrary." No. organized. was provided with the office of a magistracy." Australian civilization grew out of this foundation. among which there were more than 2000 convicts. Also "one who had been freed. according to Lombroso. I do not know the part played in this very fruitful rebirth by the Protestant propaganda. They point out such and such an unfortunate. there had not been committed one single assassination.000 souls. formed. already giving evidence of its vitality and its virility by means of noteworthy actions. at Sydney. I am very much inclined to look upon the conversion of the beautiful sinners as coming within our subject. 11. it is a reality. but one must believe that it was a powerful auxiliary. who. Athens. your tailor as well as your bootmaker.

It may be that this theft or this murder was not one of which he had been convicted. when we have just committed an imaginary evil deed. to remind him of his offense would have been not only cruel. however great may have been the fault. on the other. than does the madman who has been cured blush and repent of the acts which are prejudicial to another which he may have committed during his attacks of madness. from all remorse." Moreover. impute to the new man the crimes committed by the old man. repentance does not in any way prove our liberty. An excellent Superior Officer of the French Navy. in spite of that style of Repentance. be it in ourselves. who is now an upright business man of irreproachable probity. no matter. from all repentance which is obligatory. would be an indignity.210 Very THE THEORY OF IRRESPONSIBILITY when they legally. because they believe. however? And how can the partisans of responsibility founded upon free will justify this revolt of the moral sense? Is it that the change which has taken place in the nature of a criminal since his crime causes his crime to have been any the less free? No. In a dream. Why is this so. Religions believe they have the right to pardon. one could not legitimately. pardon is due to sincere and deep repentance when certain cases. [§ 43 well! these facts not being capable of being contested in are proved and manifest. it is with respect to the notions of morality of each one of us that there is the least alteration in the transition from real life to the life of dreams. we no more repent of our real or imaginary actions committed during a dream. we no more blush. it clearly denotes a radical conversion. that it was an act only recently brought to light and prosecution of which was not yet barred according to law. nor This feeling stays active Draconian severity which has a tendency to prevail in theory.^ in penal practice. if the public prosecutor judged it to be proper to carry out a prosecution against this man. . for. but a mistake. we equally approve of and condemn in our dreams. If one refuses to come to this conclusion. with a theft or a murder of his former life. He should thus have remained just as punishable as ever. once awake. the public conscience would be revolted. To reproach a convict. I maintain that. Perhaps even. it reveals the work of transformation from which we will come out free from all shame. we feel a true remorse because of it. had begun by being a thief. and not without reason. remorse is the state of transition between the old and the new On the one hand it attests identical persistence since the act which we attribute to ourselves when we repent. 1 man. it means that without knowing it one makes moral responsibility rest upon personal identity and not upon personal liberty. We all feel in the bottom of our hearts that. or be it in others. At all events. as Bouillier ingeniously remarks: "that which we approve of or which we condemn in the daytime. according to Maxime du Camp.

When like a society shows it to be without pity. which he commits as a consequence of habits originally due to constraint and to violence. as it is a stranger to the social world and scarcely identical with itself. of civilizations. In the eyes of a partisan of free will. in this very respect. an important difference between the pathological alterations and the voluntary transformations of the personality. sociability and in identical persistence. and it is the same thing with the child caught in the cruel machinery of our schools. and when the person has been transformed in spite of himself. one can conclude from this that has little hold over hearts. The more advanced one is in honesty. In the first case. superior to the old one in Thus madness. but again is not or is scarcely responsible for its own acts. like epilepsy. so indulgent. hypnotism. We have seen above that the crisis which causes transformation of the person is sometimes undergone involuntarily. the new " myself" is not only not responsible for the acts committed by the old one. in the second case. the truth which I am de- In the same proportion as a religion shows itself to be powerful in transforming men does it show itself to be indulgent What I am saying about cults is just as true in absolving them. to convert. on the contrary. the more does one feel oneself to be. and sometimes willingly brought about or welcomed by the subject of it. the distinction must seem to be important. moral conbut there is none the less. At the same time the transformation can be as absolute in the first case as in the second. Their Penal Code which veloping. like version gives rise to irresponsibility. The Christian slave of whom a Mameluke has been made only resigned himself to his fate with tears. not because they would freely attribute to themselves the virtue of being able to render inevitable an act of the past which would have been is brought about. of deeply bettering its prisoners. and in reality the more one is guilty of an act committed in a moment of backsliding. power one would see it exercising upon a larger scale the right of itself pardon and general pardon.§43] MORAL CONVERSION it is 211 that they have the power. is still more responsible than was the latter. in the last analysis. he could not impute to him even the acts which conformed the most to his new nature. and I do not see why the Mameluke or the graduate forcibly recast by means of an education "ad hoc" should be less for its acts . but the Jesuit has entered upon his novitiate of his own free will. implies. the new "myself" of the convert. that which they call penance. If our own were inclined towards a greater of honest assimilation.

the one above. less a stranger to surrounding society than is the slave or the idiot. the other below. by reason of survival. the feeling of a social tie and of individual identity. so the absolute of his monarch rendered irresponsible by reason presumed superiority. of pain. supreme legislator. firstly. and consequently a person above the laws which he enacts and the social sphere which he rules. by reason of his inferior nature. but the conclusion that he is responsible as regards them is not drawn because of this. It remains for me to say a word as to a kind of irresponsibility which does not come under the preceding heads. but not because he is known to be unpunishable. whence. Like the is idiot. when a savage tribe has killed a member of a neighboring tribe not related and not allied to it. were not sufficient to justify his privilege in the eyes of his subjects. at the base of the idea of responsibility. It is known that the neighboring kings dispose of a power equal to his own and can punish him. this irresponsibility of the autocrat would bear out his way of explaining the feeling of responsibility which would consist simply in foreseeing the possibility of being punished. of feeling pain at the hands of someone else as a consequence of an act. Sovereignty. judged to be impeccable and infallible. view. that of the primitive despots with relation to their subjects. The despot is. Common it sense forbids us to draw a distinction and we see that once more upholds in this our point of § 44. here. Just as though the most holy character of this sovereign. According to Stuart Mill. He is in a relationship with it irresponsible.212 THE THEORY OF IRRESPONSIBILITY monk [§ 44 guilty because of their faults than a or a Pythagorean are because of theirs. I repeat. without afiinity of race or of custom with the former. I will add that. there is. it does not judge itself to be in any way responsible towards the latter. for both the one and the other are or seem to be outside of society. has issued the fictitious irresponsibility of our constitutional monarchs. who would obviously not dare to compare themselves to him in asking him to render an account of his acts! He is judged to be he is judged to be incomparable. because is and then because he . there is something else besides the expectation of a penalty. that is to say. moreover. Thus the king-god of primitive times would only be reputed to be irresponsible because he was known to be guaranteed by his armed forces against the possibility of punishment. Thus. although it expects reprisals will soon be taken.

The penalty (supposing it to be applied. or. and although he cannot be held liable for a debt owed his subjects for to be a debtor is to be responsible he has over them many of the rights of a creditor. there is no such thing as an absolute monarch at will. it would be just the opposite. or a despot for a crime committed under the above conditions. Praise is due him and not blame. and because of his assumed infallibility. A crime is excused or not prosecuted because the author of it was either overtaken by madness. no more is one willingly hypnotized in spite of oneself. in all these cases. that of the despot. or hypnotized in spite of himself. but ignorance of the motives of a judgment which is made public can no more be assumed than can ignorance of the law itself. that exemption from punishment founded upon the causes of irresponsibility enumerated in this chapter could never have any results which would be prejudicial to society. a hypnotized person. Thus the reverse of responsibility appertains to him. a convert. it often happens that his people rise up to take him for their model. This is frequently the case. . though not reciprocal. genius in so far as he is yet unilateral. it would thus not serve as a warning as far as he was concerned. if one could be so at will. and. Let us show. finally. I mean to say for the convert. in closing. might prevent the public from repeating this crime. an acquittal based upon our principles could in fact only have disadvantages if the public were informed of it without having any knowledge of its motives. Consequently. or because he has since his crime been sincerely converted. The penalty. he can be worthy of merit. although he cannot be unworthy of merit. an epileptic. as to wishing to commit a crime and wishing at the same time to be sincerely repentant afterwards. this would be a manifest contradiction. excepting the last one. because he is an absolute monarch. Supposing that one were to condemn a madman. who has no longer any need of this penal menace. or a prey to an attack of epilepsy. it would thus serve as a warning for them but it would in nowise prevent the author from eventually repeating it himself. just as the If man of he does not deign to imitate anybody. Could the knowledge of this fact ever encourage anyone who was well informed ^ to commit a crime under the same conditions? No. for there is no such thing as a madman or an epileptic at will. or it would only do so in a useless manner.§ 44] SOVEREIGNTY is 213 which. man — — : ^ I say "well informed" . one would take care not to wish to become so. an inadmissible hypothesis a of genius. In the last case.

is in our opinion. but it would have in it nothing which would intimidate the public.214 THE THEORY OF IRRESPONSIBILITY [§ 44 moreover. as it is a contradiction to be an autocrat and to be punished) might prevent the author from doing the same thing again. required for the absolute justification of punishment. who would not believe itself in any way threatened by the punishment of a superhuman being. Thus it will never combine the two advantages whose combination. requires this utility . it Our theory requires penalties to be useful. but to be absolute.

slang. Criminality in Barcelona. (I) The else. all of them. In order that there may be a penalty there must be a crime. Preliminary Remarks. the complete moral irresponsibility of human agents. the keystone of every penal system ought to be a theory of moral responsibility. The positivists . An estimate of the contemporary doctrines relative to the penalty absolutely demanded the development of the subject which has been given above. we have seen that the early schools established imputability upon a foundation which was in ruins. and. RefutaThe example of Misdea analyzed. §§46-53. Now. The rural police and the urban police. without having to commit ourselves upon the absolute value of determinism. (Ill) Continuation. Its characteristics. What may possibly be true at the basis of this idea. before having localized its elements. Preliminary remarks. (VIII) Psychology and fessional type. But up to this time all the schools of philosophy have admitted on principle that moral responsibility was based upon the postulate of free will. denying free will. classification of criminals should be psychological above every- criminal. in ofiFense" and native crimImpossibility of localizing this comthe brain. The criminal criminal justice. (TV) The criminal is not a savage who has reappeared among us. Thus. believe that they have established. § 46. tattooing. The criminal type is a proPhysiognomy and handwriting. criminality.CHAPTER V THE CRIMINAL § 45. and not only an injury. The criminal is partly the result of his own crime and of the criminal. tion of this theory taken literally. §§ 54-57. Illusory foundations of the hypothesis of atavism: physical anomalies. including those which. the Sicihan Maffia. as a consequence. (II) The "natural inality two (Ill) different things. (II) Rural brigandage in Corsica and in Sicily. we have come to agree with the later schools upon the necessity of finding some other support than freedom. plex tendency. is not a madman. (V) The (VI) Is the criminal an epileptic? criminal is not a degenerate. and that there may be a crime it is necessary that the act to be punished should be really imputable to its apparent perpetrator. (I) The are criminal type. Essential periodic(VII) ity of psychological phenomena. (IV) Urban thing The rural criminal and the m-ban brigandage.

moreover. despite the absolute irresponsibility of the man. with history. If this exposition had been lacking. then we are entitled to pursue our labors. Moreover. To reason about the penalty after this is the same thing as giving a dissertation upon theodicy while professing atheism. this would mean that it is important not to correct.216 THE CRIMINAL [§45 thought they had discovered it by inventing a responsibiUty which was purely social. — — — . what is more. or else. so to speak. if it agrees with psychology and with mental pathology. to send him into some sanitarium where he will be more or less confined. This consequence is that there is occasion to treat the criminal. with sociology. in other words. If it makes any pretense of preserving the ideas of crime and punishment. a thing. and. if it is at least acceptable. however. If our point of view is the true one. as we treat the islanders of Oceania who attack us. we ought necessarily to confess that the ideas of crime and penalty are chimerical. if he be a species of madman. and that it is right. would be connected with every one of his actions injurious to another. even though committed involuntarily or during an attack of madness. which is sometimes seen. it only leaves to responsibility its name. and of satisfying the human conscience upon this point. if he be a savage who has reappeared among us. This position has seemed untenable to us. To speak frankly. admitting neither the spiritualistic theory upon this point nor the positivist compromise which we have absolutely overthrown. or. with science. physiological. and give up all thought of concerning ourselves with criminal law. in other words. This is why we have been constrained in the three preceding chapters to set forth our own theory of responsibility. but absolutely to do away with the Penal Code. and. or a degenerate. an epileptic. it pays the latter with illusory words. for it likens society to a brute which strikes back blindly after a blow without seeking to discover whether it is or is not intentional or excusable. and which. its fossil form. to exterminate him. to modify the physical. or social factors of the crime by applying as soon as possible the rules of hygiene and radically reforming the social condition. in fact. it injures logic as much as it does humanity. In the last analysis it only serves as a disguise and in no way serves to bring about the disappearance of the fatal consequence which follows from determinism if it is true that free will be postulated by the responsibility of the individual. it is as outrageous for society as it is dangerous for the individual.

now well is worth while to seek to say. or else of a physical origin. that what is and what are the natural categories of crime and criminals. and what should be its object. but his punishment should differ according to whether natural causes shall have carried him away or not. to say that a crime is due principally to social causes. what transformations it has undergone and has to undergo. Thenceforth he should always be punished. production of an offense is of very great importance. for. but. what is. if moral responsibility had not been securely established. what is the use of alienists and socialists disputing as to the more or less preponderating part which these two great anonymous criminals have played in the carrying out of some particular crime? It is these guilty fellows important? — .§45] PRELIMINARY REMARKS 217 tion. by their consonance with the nature of the agent. or even to physical causes. On the contrary. their discussion would be far from affording the same interest. but which have been individualized by the adhesion of the person to their action. if one looks upon the physical factors or the social factors of the offense as its true causes. and who has rather made use of them than been their instrument. in the second place. practically as well as theoretically. what has been. and there might be a question of eliminating him. to ask oura crime and what is a criminal. and if the delinquent has only supplied a name for them. as For us. I say that at present it is worth while raising these questions. how they are formed and transformed in the course of the progress of civilizaselves first of all the conditions of penal responsibility. under what physical or social circumstances they are produced. In one of these cases it will be proved that one has to deal with an incorrigible. it is worth while to find out what punishment is. who has rather appropriated them for himself than obeyed them. But it still remains to build up something upon this foundaThe conditions of responsibility or of irresponsibility in it is general having been laid down. in the same way as criminal procedure. there would be some hope of repairing by means of social influences of a new kind the moral evil which bad surroundings had produced. from our point of view. is to say that it is due to causes of a social origin. For example. according to the other hypothesis. And. the problem of knowing if influences of a natural order or influences of a social order have predominated in the tion. from the is it point of view of the various factions of the positivist school. unless we refuse to this " he " every reality worthy of the name.

as to it what he It has would not have been in vain. nor in the scientific sense either. 3d. However. 2d. that is to say. the Negro. will doubtless will be useful later on. assuredly. same time. is a criminal? At the death of the great Lama. which it will allow of recognizing Such.218 THE CRIMINAL if [§ 4C it is no easier perceptibly to modify one attacks these apparently guilty ones. First of all. it has outlined in characteristics which not perish the psychology of the delinquent. one should treat them. What — priests of as there still is for the clergy and the people of Thibet. let us deal with: 1st. there was for them. (I) The criminal type. which they firmly believe never deceives. which is. at least. we will deal with the criminal. in order to keep as nearly as possible to the order already followed in our setting forth of the that must be reached. and. the penalty. They recognize him by certain characteristics. there is little. in one case as in the other. by true anthropological description. the school of Lombroso seems to us to have absolutely demonstrated that the criminal is not a product of nature. what but. in this chapter. a divine type. that he does not correspond to any natural idea in the Platonic sense. — — positivist doctrines. as we shall see. wathout giving a single indication. let us approach an examination of the various subjects which we have pointed out. At the present time. and exists it is thus that in the eyes of Lombroso a criminal type the malefactor from birth. and has paved the way owing to the partial failure of its attempt. at the same time knowing perfectly well that they are only guilty in appearance. the judgment. something essential. The Egyptian priests proceeded in exactly the same way. 4th. with no hatred nor as incurables. decapitate them. But accumulated curious observations. but. and . it has done more. consequently. First. Thus. at the is there left of it? Apparently. in order to pick out the bull Apis among all the bulls in the Valley of the Nile. the criminal. The Chinaman. and even pitying them greatly. anger. for a sociological explanation of him. the crime. If it had only served to give us more precise knowledge as to what the criminal is not. was but we know that in being developed could not help becoming complicated in order to accommodate itself to the facts that contradicted it. as society than nature. and. moreover. his first conception. the Thibet agree to seek for the newborn into whom his immortal soul has transmigrated. § 46.

that it embellishes that which it combines and it explains that which it sums up. One would perceive this by operating separately upon various groups in this album.? Not at all. fortunate. — " caroubleurs " (thieves who use "cambrioleurs" (robbers of apartments). its thieves. Galton's process must always same reason that the repeated looking at external things and the stirring up of recollections in one's memory must always result in the human mind in general ideas." — one might be more false keys). for the mingling of congeneric pictures which there is we have called forth above. and you will obtain a generic portrait wherein. Com- bine by Galton's process ten or a dozen photographs of Chinamen. 1887). Each nation and each race has its swindlers.^ But now endeavor photographically manner the several hundred photographs of malefactors which fill the album annexed to the French translation of "L'Homme criminel. d'une Tribu ou d'une Race" (Paris. The number of groups would determine the number of results. of a living abstraction and individual incarnation of the ideal which the individuals are the oscillating deviations. rule. "escarpes" swindlers and "stupratori. . This picture-type has this particular thing about it. Only. (assassins). Arthur Batiit gives us several examples of type-pictures obtained by means of this process. which would differ very greatly from one another and would have scarcely any more relation with the elementary portraits which had been violently disintegrated and artificially combined in them. ^ In "La Photographie appliquee a la production du type d'une famille. Can one at least hope that in separately photographing groups of malefactors belonging to the same category. and the mutual com- Assuredly. the new synthetic picture will resemble the it preceding one still more than the photographs which compose to integrate in this resemble one another. the thing is give a result. Carry out the same operation with twenty or thirty other Chinamen. the same dissimilarity as between a generalization which is purely verbal and a generalization founded upon the nature of things." possible. between the violent and artificial fusion of heterogeneous pictures which we can produce in the latter case. with their differences blotted out.§46] THE CRIMINAL TYPE 219 the Mongol correspond to realistic schemes of this nature. But these pictures were always of members of the same race. and one can see that they are to be distinguished from the pictures which go to make up their elements by a greater degree of harmony and regularity. their similarities alone will appear in a curious relief.

and to assume that nature has taken make a special creation in order to bring forth this who is contrary to nature." But a few pages further on. nor were the majority of the clever detectives.220 and its THE CRIMINAL assassins. ^ "When Sometimes the school allows discouraging admissions with regard to it. It is neither correct nor accurate because the psychological fact is partly the product of molecular phenomena. normal. and being given certain cerebral peculiar- that are too profound to reveal themselves in the external anatomy. when he was not a sick man.- somewhere expresses the same impression. one is surprised to see countenances similar to those of other men. "when one speaks with them and knows their antecedents. For Topinard." . one can create delinquents of every kind. and the weariness. or else he is abnormal. Vidocq was not of this opinion. at least as far as he the pains to individual was concerned physically. it is true. and then he does not belong to any type." At the Congress of Paris (1889). and in this case he bears the very type of his country. and Marro. There is another hidden contradiction in looking upon the social life as so essential to man that a human being who is "dishumanized. would be an individual who was perfectly normal." he says." he says." says Benedikt at the Congress of Rome. when he attempts to substitute the plural here for the singular. speaking of malefactors." I would not go so far as that. escape ^ "Paris. if not physiologically. But. as a general thing." so to speak. one sees these people close to. the head of a rogue. "and often the poverty stamped upon his face. to say at the same time that he is an anomaly and that he conforms to a natural model is to contradict oneself. Maxime du Camp. ities With any physical type. can alone be anti-social. the naked breast. Either the delinquent is physically. resembles the head of an honest man. "With the exception of the filth. He finds that the collection of pictures brought together by Lombroso reminds him of the photographic albums of his friends. the same learned man accentuated the same opinion supported by Senator Moleschott and a number of his associates. "to pretend that one must always find something abnormal in the criminal individual. and it is his very lack of type that characterizes him. this to "It is neither correct nor accurate. is no less conjectural and has no better foundation than his master. the criminal. [§46 who are bearers of the anthropological char- acteristics that distinguish certain social conditions. Thus there are no more several criminal types than one criminal type in the Lombrosian sense of the word. and because science is still very far from having discovered an anatomy of molecules and a molecular physiology. under it.^ One of two things must be so. ses organes et ses fonctions.

However. he writes: "I had the opportunity of seeing him." cites several other facts of this nature. his receding forehead and very shifting eyes. and in doing this he combats the exaggerations of the Italian School. Robert Bruce. This simian type." Lombroso could not have put this better. Were the tyrants. because of society. the liberator of Scotland had. as we know. almost without any lips. they are far from being sufficient to establish it." December . If certain. were the artists of the Italian Renaissance. and his strength must have been colossal. but on the other hand. all The same the Italian in crime. his powerful lower jaw. who was the most monkey-like of prehistoric — — — ^ men." Doin. a sample which was a credit to his race. he takes the same point of view as Lacassagne. ^ In a profound and substantial book ("Les Criminels. an appearance which the excessive length of his arms does not belie. but it is not from the individual or organic point of view. he is very large. that to discussion. ^ — born and dying as soon as they cease to be "Hommes fossiles et criminals. which lend to the atavistic explanation of the criminal a certain apparent support. De Quatrefages. the absolute triumph of egoism and of the organism over the brakes The man who is a true born criminal could thus be nothing more than a very fine animal. open the social characteristic of this historical phase was. ' As a See an interesting article by Gebhard in the 15. general thing. "Revue des Deux Mondes. living in crime. who were as lavish with their assassinations as with their achievements and masterpieces. in Hommes sauvages. This is one of those meetings. moreover. as Burckhardt demonstrates. with the French School. lack of scruples and of moral feeling characterizes princes of the fourteenth and fifteenth centuries. 1888. appearing here in such an evil form. was inevitable that ^ it should be all fertile in criminal manifestations. give him the appearance of an enormous chimpanzee.§46] THE CRIMINAL TYPE 221 dealing with a highway robber of the worst type. The Borgias are not at an exception in their time. a skull formed like that of the man of Neanderthal.2 From the social point of view crime may be a monstrosity. and. has served elsewhere as an envelope for remarkable personages of a high degree of morality. he makes the social causes of the offense preponderate. the fading it away of individuality. socially. monsters? is They were not it is monstrosities physically. 1889) Corre seems to me to have wisely avoided the two opposite extremes that I have just pointed out. On the one hand. his large mouth. he knows enough to give its proper place to the criminal type understood in the professional sense of the word. which are not very rare.

Crime has its place. For a civilization which glorifies the criminal is no more capable of living than that which casts the most honest people among the criminals. they are kill this bound up This in it "as the pearls are in the dagger. the "aristocrats" under the it is dangerously ill. rowing in the galleys or mounting the scaffold." beautiful is the very thing which was bound to was in full bloom. Now. A few skulls. he is a social excrement. to tell the truth. diabetes. a spectacle The criminal is the man so often met with in times of revolution. could not and changes which.222 THE CRIMINAL [§46 Crime among them takes on the disguise of punishment. the people in its jails are vile. is comThe criminal is thus. And that is why it is interestme the word aesthetic civilization it when — — ing to the very highest degree to examine closely into which are the types of people to be found in the convict prisons and in ordinary prisons. Protestants under Louis XIV. when it is capable of living and is regular. does not present this cause of weakening? The ideal would be for a society only to and in all countries. They massacre in order to intimidate. more and more is still and its But if perfection very far from having been attained. forgive more a social product than he is a natural product. of its rural districts really the refuse. the excellent elements which it does not know how to utilize. no pelled to eliminate. the people sacrificed at Montfaucon. by saying that it is towards this end. there existed a criminal type. We must do this making great towns. to fluctuation — . — — reject from its midst the downright scoundrels. from century to century and fail to render him exceedingly himself. at the same time as they take vengeance. been submitted to the same anthropological examination the thousands of thieves hanged yearly upon the gallows of England within the last half century. individuals who are absolutely incapable of being assimilated and disciplined. all and its place of honor. in varying degrees. in this magnificent blooming forth of the arts in festal array. For them crime is a necessary part of government. in all times When the nature of these people happens If a society excretes to change it is always a serious symptom. this type would be subject from latitude to latitude. what society. justice to our strides modern Europe. that society. Thus. and for a reason which is at bottom analogous. just as the government is for the people a necessity for order and for existence. But have there and measured in our time. weighed unlike this is all very well. rather like a man suffering from Terror. a few brains of assassins.

as absolute crimes. to use Garofalo's expression. before the entrance of every town Middle Ages? The twenty thousand heretics and sorcerers burned in eight years by Torquemada. of no matter what nation and at no matter what time. No. (n) The "natural offense" and native criminality are two different things. would have been murderers and thieves of this type. By true criminals are we to understand those who would have been ceive of? criminals in any society which one can conassuredly. the exactness of the pretended proper types. Let us only consider. and to the injury of the fellow member of society or the man thought to be such. if you wish. under all social conditions. or corporeal anomalies. However. criminality. most Then must we understand those who would have been such in any stable society? Perhaps. let us clearly explain what we mean. which certain nations have elevated to the rank of praiseworthy actions. ImpossibiUty of localizing this complex tendency.§47] THE NATURAL OFFENSE 223 the corpses swinging in the breeze before the gateways of the feudal castles. before having localized its elements. and that they are the only ones who are so stamped? Not in the — even theft. the very remark which I have just made implies it the recognition of the fact that there actually exist a certain number of true criminals. natural crimes. murder and morality fostered. whose criminality has about nothing conventional. or. of the — we are asked. in the brain. I deny. which hardy people have but even abortion and infanticide. the Romans condemned to be given to the beasts or to be handed over to the games of the circus. who. of the malefactors of every race and of all times? §47. Does it follow from this that all our incorrigible murderers and thieves are stamped with the seal of absolute criminality. But that there exist people. However. That there may exist forms of offenses which are incompatible with the stability of any people I admit. and the Egyptians condemned to labor in the mines or upon the pyramids? All those pirates of Barbary who infested the Mediterranean until the end of the last century. upon all the hills. if anomalies there were? Who will verify. leaving aside not only every offense against adultery and rape — . by referring to them. such are murder and robbery committed without any provocation which can be thought to justify them. there are none of this sort. all those highwaymen who devastated France during and after the Hundred Years who will tell us the form of their skulls and their cerebral War.

we may presume that among the individuals punished by our triwhether bunals because of even the most relative of offenses. however. If there exist. who are thoroughly dangerous. On the other hand. as we believe without being it — — prepared to prove there is it. were honest citizens in their own villages. The great difference is that Pranzini acted alone and they excited one another by their mutual example. natures which are essentially anti-social.224 least. and if they had not had the bad luck to be born and to be brought up in an evil suburb. although his depraved nature would undoubtedly have driven him to other kinds of offenses. and then her servant and the child of the latter. sometimes even more dangerous than many of the Sicilian or Corsican murderers. and to be subjected to the example of perverse comrades. born for homicide as Mozart was born for music. would not have committed either theft or murder. 1887. and that the former cannot serve to account for the latter. or. 2 I do not wish. reason to believe that their inborn criminality itself in was suscep- tible of revealing other times. 1 The following chapter will show how great is this difference. and under other circumstances in very different forms from those with which it has clothed itself under our eyes. a man who would have been shot for rebellion and the execuMondes" See on this subject an article by Henry Houssaye in the "Revue des Deux of October 15. A man who is a slanderer in our times would have been a blasphemer in the Middle Ages. THE CRIMINAL [§47 to us to be correct. who were so numerous. as a result of this last conjecture. to liken them to Pranzini. From this it follows that the "natural offense" and essential criminality are two things. a number of our assassins and our pickpockets. in other surroundings. would never have killed or stolen. if they had been born rich. and more than one of them must have won the military medal of honor. there are to be found some it be for poaching or for smuggling. and who in 1814 ^ raped women and then slaughtered them before their husbands who were bound. such as adultery or rape. Neither one nor the other of these two propositions seem On the one hand.^ It is possible that under certain social conditions even a Pranzini might have made himself useful. where they had never committed the slightest misdeed. And we must not here allow the atrocity of the crime which has been committed to lead us When we think of a Pranzini strangling the woman with whom he has slept. . astray. But those Cossacks and Prussians. at least. but to offenses which were relative. seems as though we had to deal with a being who was essentially a destroyer.

then the latter should be signalby the small size of the maxillaries. For crime is a crossroad of hidden ways coming from diametrically opposite of arm. — who would under no circumstances yield to the temptation of sin. or who are driven to crime owing to the misfortune of circumstances. any more than it has been possible to discover the external marks of unshakable honesty. whether natural or not.§47] THE NATURAL OFFENSE 225 as tion of hostages after the Commune would have been burned At the same time. a constant and well-marked superiority of the right side over the left. short arms. ambidexterity. a very small number of people. nor even the more doubtful connection between these hidden peculiarities and the bony and muscular conformations which it would be possible to define. under that the criminality of one class belongs to them the conditions in which of crime. for each of these qualities has its source in the nature of the men. the receding forehead. Is this correct? Has there been any attempt to verify it? By this I do not mean to deny the connection which very probably exists between the tendencies of character and certain anatomical. it in revealing itself to itself has been developed. let us Now. and an exquisite sense of touch. or. which. rather. or has been realized and to others. can there be relative. are related to one and the same anatomical description. histological. the scanty beard. great length and insensibility to touch. the ground having been ourselves if once again ask there are any external signs which allow one to recog- nize and to point out absolute criminality. without doubt. The great majority is composed of persons who are kept within the bounds of honesty by their fortunate fate. a tufted beard. ized . just as there are a small number of people a heretic under the Inquisition. But I maintain "a priori" that the characteristic tendencies which result in crime. I answer that so far none have been discovered that are very clear. There are. If the former can be recognized by the heavy jaw. admits or does not admit cleared. moreover. those pathological turncoats. peculiarities of the brain and the whole of the nervous system. a straight forehead. who everywhere and always would have committed offenses. more conventional crime than blasphemy any more or heresy? It is the same thing with regard to delinquency as it is with regard to predisposition and neurosis. which must even inevitably result in crime. whose transformations are infinite. less true It is none the just as the honesty of the other class belongs to them.

nor does Lombroso agree with For example. which. and the majority of the primitive ancient races. Anatomists had indeed pointed out such and such a lesion of the skull as being sometimes related to such and such an illness. and most varied vices." he says. according to Manouvrier. — Spain. often contradictory. which makes him ferociously vindictive." To sum the whole thing up. "there are at least two criminal types in this respect.226 THE CRIMINAL [§47 points. and Dallemagne would. — and sometimes from an incurable laziness. combined with the with libertinage." "Consequently. it would be at one and the same time inferior and "Among criminals. and observations of this nature accumulated. "the cranial volume. cii. Sicily. and the absolute insociability which goes to make up the born criminal arises sometimes from an immeasurable pride. be inferior according to Ferri and Benedikt. but without throwing any very decisive light upon the subject until the day when Broca discovered a very clear and well established relation between the changes in the third left frontal circumvolution and disturbances From that time on all observers have of articulated speech. Marro does not agree with Lombroso."^ it would be equal. ferences with respect to normal skulls [after having corrected many defective measurements and comparisons] excepting a certain number of excessive volume [which can be accounted for by means of cerebral hypertrophy. from that moment the cornerstone of the science of the brain had been laid.. different There are as many criminal types as there are anthropologists.. which is a cause of madness. . which is found to be himself. according to Topinard. as in Corsica. Experience confirms this line of reasoning. ambition. or genius] and also a certain number of very inferior volume. . op. which would disclose propensities to crime to an — — eye capable of unlimited penetration. and this partial but brilliant 1 Marro. above the normal in the skulls of assassins by Bordier. who happens to agree with Lombroso on this point. on the contrary. confirmed this relation. Thus. Heger. degenerates of the fallen race. "there are no other difgreater. there must be not a small number. the cerebral localization of criminal propensities is today at the point where the cerebral localization of the faculties in general was a little before the time of Broca. and not merely one. gambling. but a very large number of physical indications. or criminality. and." he adds. drives to murderous theft the unclassed or the drunkenness.

already allows one to see a connection between certain instincts and certain physical characteristics of the skull and brain. tendencies which are relatively simple. With respect to stature and weight there is no more agreement among anthropologists than with respect to the skull. being familiar with this science was deemed sufficient for the maintaining of the cerebral localization of the faculties. although one might not yet be presuccess that a learned pared to prove it. " Lombroso — ^ Let us also not interfere with the unclassified anthropologists." Less reflection and more action. Meanwhile. an act or a quality which is so complex. when pride. which today is recognized as being entirely intellectual and devoted to thought. Let us add that the success or failure of research is dependent upon the idea that gives it its direction. and. "a predominance of occipital activity. instead of seeking the seat of language. criminal anthropology would then have had its Broca. But the unfortunate part of it is that this was merely an illusion. present a proportion of anomalies. according to Bordier.." . and. constant in the mental life of man. occasioned by excess or lack — — of certain simple qualities joined together. "A comparative observation of races. the work of the criminologists will be well on its way. worthy of having a very obvious place in the brain. Let us not interfere with the alienists. If the discovery man believed himself to have made one day relating to a certain quadripartite division of the frontal lobe which was the cerebral indication of an assassin had been upheld. thus is their nature to be summed up. "according to Mme. consequently. far above the average. which is probably related to the impulsive sensitiveness. It is none the less true that. the only clear thing one can say is that the skulls and brains of criminals." says Corre ("Les Criminels. accidental as well as complex. as Corre says. Cleraence Royer. If our eminent anthropologist. had sought the seat of insults. egoism. a lack of symmetry. even before the time of Broca. over the frontal activity. This means that it is undoubtedly an illusion to suppose that one can localize crime in the brain. sympathy. and whose exaggeration or atrophy accounts for the tendency towards wrongdoing. that is to say." 1889). blasphemy. or any other act.§ 47] THE NATURAL OFFENSE 227 was an encouragement for the hopes of all. it is very likely that he would have died without having discovered anything. justice. etc. are not yet localized in the brain. taken as a whole. the thirst for vengeance. of a simple. ^ when they shall have begun to open up the pigeonholes of the brain. daily phenomenon.

whisperare far from being sufficient to allow of these confused.228 THE CRIMINAL [§48 found delinquents to be larger and heavier. to judge from this author's atlas. in our preceding chapter we believe we have already impliedly proved this. incapable Visit a prison. nor has it anything in it which ought to hinder us. § 48. Topinard disputes this fact. the length of both arms extended in a cross and measured from one hand to the other. more often exceeds their height among criminals than among ordinary men. reject both explanations. let us first of all. — Marro. (Ill) The criminal is not a madman." that is to say. and as quickly as two hypotheses with which we are here concerned. on the average. and Lacassagne established absolutely the opposite. same data Where one sees a a phenomenon of atavism. Thompson. Another characteristic which it seems is much more marked among madmen than among criminals. Buenos Ayres. There are madmen who commit crimes. deal with the there are analogies. will there see convicts working. cit. But this relation between crime and madness has nothing in it to surprise us. and Fere. ' ^ — . because both are a lowering of the human type. and what do you see? The excited or the depressed. but is every man who commits a crime a madman? No. than honest people. you of any work. each one pursuing his dream. among whom I can mention Manouvrier. idle. When these authors accept the they are divided as to their interpretation. even anatomical ones. Every one of the one hundred and fifty-six skulls a section of which he has drawn is asymmetrical. between them. Virgilio. symptom of madness the other sees others. and strangers to one another. is lack of symmetry. 1888. from measurements of the skulls of one hundred and thirty-two assassins made by Heger and Dallemagne the result would seem to be that in the case of these malefactors the posterior of the brain is noticeably more developed than among honest people. Topinard. walking about in groups. they two types being For example. "El craneo i locura" (The Skull and Madness). and I was struck by seeing that Rodriguez de la Torre ^ in taking similar measurements of five hundred and thirtytwo insane persons in his asylum has established the excessive predominance of their latero-posterior lobes." ^ Lombroso found that the "spread. If Before going any further possible. op. Go into a lunatic asylum. I and admit that I am of the opinion of the latter.

it Gazine. and he talked very little. "He liked to kill little children he had succeeded in enticing into a lonely spot. "After eighteen years' residence in prisons and experience with criminals. in prisons. revolts break out. he killed it slowly.§48] THE CRIMINAL NOT A MADMAN 229 ing with one another. The lunatic is incoherent. The thing which predominated in him was an unlimited energy. who is an observer and a psychologist of great sagacity. but that they are all exceedingly cunning. he had only contempt for punishment and was afraid of nothing. but his expression was hard and sneering. he never quarreled. and with delight. was a case of clearly defined insanity. However. steadily. a thirst for vengeance. indeed. a sort of Tropmann. Dostoievsky tells us. recalling his memories of imprisonment in Siberia. Here is another statement of this same author's he declares that he never knew a single convict (which is an exaggeration. one would say. "So long as he was not drunk he behaved himself very properly. or any piece of ingenious machinery. Is this the : . one of Dostoievsky's companions in misfortune. there were some who were more intelligent and more energetic who had moral influence over their comrades. "I believe that ninetenths of them have an intelligence which is above the average. and never their comrades. Conspiracies are hatched. acknowledging the superiority of one of and showing indications of a mass of humanity where the social leaven has begun to ferment. our author." Here. moreover) endowed with the slightest aesthetic talent or capable of making a sketch. there he would torment him. the criminal is logical. a verse. the highest degree of and original identity. His appearance was not lacking in intelligence. This man had perfect control of himself. "He was a malefactor capable of assassinating old men and children in cold blood." says Bruce Thomson. and. Among the convicts. he was always quiet. persisting — that is to say. an inflexible will and activity when he wished to attain some criminal: object." In other words. after having fully enjoyed the fright and shudderings of the unfortunate child. seems. in asylums. says that he never noticed in Gazine anything abnormal excepting when he was in a state of drunkenness." Orloflf was another great whom would terrify the little one. he was gifted with an indomitable will power and filled with a proud consciousness of his strength." Here is a remark which a familiarity with madmen has never called forth. Orloff personified the very opposite of insanity and degeneracy. was.

1888). It is to be noticed that the skulls of six swindlers and thieves resulted in "a less accentuated tj-pe. bear a stamp of pronounced sometimes excusable to see a retrogression towards the hypothetical bestiality of our distant ancestors. . tattooing. "We know. "and which ordinarily comes from the mountains or out-of-the-way countries." § 49. They have telltale protuberances." Very well. but these skulls have been likened to one another. and have a special 'facies' that indicates in the most striking way a brutal and impassive instinct." he says. As an ardent disciple of Gall. who was gave the following description of coldblooded assassins. . "can be summed up as follows: A relatively small frontal development. "a rare species. In a letter written to Mole- schott (see the assassins "Revue six scientifique. These two photographs he says resemble each other to a remarkable degree "and show us the characteristics of the criminal man with an evident exaggeration and in certain respects the characteristics of the savage man: very strongly marked frontal sinus. "that they often show a remarkable appreciation of beauty. according to Manouvrier." and that the one photograph obtained from all of these eighteen skulls at one time presented anomalies which were still more WTiat would it have been if one had photographed one or two hundred obscure. Illusory foundations of the hypothesis of atavism: physical anomalies. (IV) The criminal is not a savage who has reappeared among us. Their heads are large and flattened at the markable for their lateral protuberances top. .^ It is true that the skulls of it is assassins often. and very massive jaws." says Maudsley. . slang. a small development of the cranial arch as compared with that of the base of the skull. Lauvergne. Their characteristics. which project under the skin and are always in action. asymmetry of the face.230 same with regard THE CRIMINAL [§49 to madmen? No. lemurian appendix. petriform type of the nasal orihce. he invokes in support of his favorite idea the result obtained by the composite photographs of the skulls of six highway robbers. we are then told. much contradicted and varies greatly according to race. ^ Lombroso still persists in upholding this theory. zygomatic apophyses. .'^ But is there any need for the intervention of atavism and the . . because they formed a homogeneous group. and an excessive development of the jaws as compared with that of the skull. very large and very wide apart orbits. early as 1841. but not always. and skulls together? ^ but this characteristic is Lombroso has often pointed out the exaggeratedly long arms of assassins. is the No more so." Jime 9." Only upon this point have observations coincided. If he is not a criminal a savage? brutality in which madman and is not always a degenerate. They are re- ^ these heads seem to be accompanied by large and thick jaws. and enormous masseter muscles. and that they possess quite exceptional artistic talents and aptitudes. .

" No. As a consequence. even for ordinary skulls. "less reflection and more action " this cross tj^pe is frequently met with among the most peaceful populations. among a race of men who pass from a life of hunting to a pastoral and farming life the maxillary develop' I will upon the nature ment shoulfl decrease. Lannois. is the rule and not the exception. ^ ". with a few other considerations dravsn from cranial asymmetry. in an instructive monograph on "L'Oreille humaine. and from some peculiarities found in convicts. who have a big jaw. from certain forms of their nose. to have conceived of accounting for crime by means of atavism." the latter tells us. I ask. and I must say that it is hard to find. Now. Topinard replies. The evidence of Bordier is all the more precious because he seems to have been the first. an mdividual as an exception shows us a small jaw." maintains that he has not established more anomalies of this organ among forty-three young prisoners under his observation "than it would have been possible to find among an equal number of subjects with a clear conscience. . 10.' and found them to have characteristics in common. is it right to see therein a . Now. but such as are backward and devoted to the this rude work of the fields. both series are familiar to me. either by examining them or by analyzing them. and the Maltese than among the barbarians and the negroes of the Soudan. " ^ And Marro himself admits that the prominent ear is found more frequently among the Turks. separated from us by we know not how many superimposed and intercepting races. "the assassins of Caen to Broca's series of the 'Dead Man's Cave. from their badly formed or ^prominent ears.* If you reply in the negative you cannot logically see in the appearance of a hea\-y jaw in the midst of small jaws a characteristic of atavism. which is more frequent among criminals than among the masses of honest people. But asymmetry. We must add that in his conscientious comparison of five hundred and thirty-nine criminals and one hundred honest people ^ allow myself one last consideration." I know perfectly well that the partisans of atavism support the preceding data. simply means. "He compared. and it is natural that assassination should choose its adepts from among individuals marked with this stamp. phenomenon of prophecy.§49] THE CRIMINAL NOT A SAVAGE 231 imagining of the miraculous resurrection of a prehistoric ancestor. which in their turn invade the others. says Bordier. two sets of skulls that are more unlike. if one is to believe his friend Topinard. the Greeks. The size of the jaws is dependent of one's habitual food: among carnivores they should be stronger than among frugivores or granivores. in order to account for so simple a result? Little frontal development and a hea\^ jaw. such as tattooing and slang.\rchives de 1' Anthropologic criminelle. when among hunters.

^ There appears in the "Rivista di antropologia criminale" of October. the malefactors have much oftener than "normals" been abandoned. a characteristic so to which Lombroso attaches much importance.232 THE CRIMINAL little [§49 Marro was not a surprised to find frequency. been left to themselves and their bad habits. which are irregular rather than atahonest people less than one per cent} sinus delinquents are in the majority but — vistic. and we know how many times the vigilance of attentive parents corrects a natural tendency among children to use the left hand. 1885). (Turin. nothing very concise results from all these measiu"ements and all these figures. on the external ear among madmen. at least to a great extent.* from which it would seem to result that several anatomical anomtrue. which can be expressed by the excess of nine over four and seven tenths." But fre- this difference may be due. and. which is pretty nearly a double proportion. among these latter the among them as among the former. a study by Frigerio. 1889). of anomalies of an atavistic origin. are twice as among "normals. has. compared with and honest people." In the more recent thesis of Etienne Rollet (Lyons." Johert. 1888. but with regard to the "torus occipitalis" normal persons regain their strange advantage." the proportion was found to be four per cent among the honest people and three and one tenth per cent among malefactors. — according among to this quent malefactors as same author. during childhood. It is true that ambidexterity and left-handedness. very profound and very well developed. moreover. which was at least as great to be such. ^ In his monograph on "Gauchers. characteristics.. criminals.^ The nose among criminals. or one supposed In the case of "the receding forehead. a pupil of Lacassagne (Lyons. ' "La squelletto e la forma del naso nei criminali. The author merely comes to the conclusion that his work "has not been absolutely barren". Lacassagne gives another theory and attributes this marked predominance to the localization of language in the left brain. Out of it all there has come a curious monograph from one of his pupils. in the case of an ear having Darwin's tubercle (a projection which would seem to be a vestige of the tip of the former animal ear) the proportion among the malefactors is seven per cent and among In the case of the frontal by very little. comes to this conclusion: that the cause of left-handedness is not precisely known. fratelU Bocca). the proportion is only eighteen to twenty-three. and the rest of humanity. it is that of madmen been the subject of special and far-reaching studies in the laboratory of Lombroso. . to tell the truth. by Salvafor Otto- lenghi. to the differ- ence in their education. but that "it seems to be especially due to habit and to education." etc.

These results are too hard to reconcile to be worthy of having any confidence placed in them. a few slang terms etc." arms. upon this point. the gypsies. from Arabic." Bicetre. agree with Albrecht. the evil jokes." "nounou." friend. abound in the speech of the native Oceanians and Americans. But — — . Moreover." skin. — "ty-ty. Let us add that. and. Now. "bee. if this explanation atavism. are apparently related to this double type. "ailerons. who. according to Taylor. that the familiars of crime speak in this way in imitation of our children. But. and not in the least in imitation of the Neo-Caledonians or the Red-skins." "bebe." which are habitually found in the mouths of our children. the degrading pictures which make an animal of man ("cuir. According to Ottolenghi." mouth) go to make up the foundation of their vocabularies. if the dead and mutilated nose of malefactors places them so low in the animal scale. as our learned man expressly does. the so-called puns. a habit which is quite childish. owing to a need of belittling and disparaging. "fric-frac. according to the author. Such words as "papa.. moreover. "bibi. their nose is straight and long much oftener than that of honest people which is a good characteristic. and which are so rare in the mouths of civilized men. an obvious indication of the cosmopolitanism acknowledging no fatherland. seems to me to disagree with is to be admitted because of no easy thing to do to make the origin of the anomalies with which we are concerned go back very much farther than the inferior human races. What can we say with regard to slang.§49] THE CRIMINAL NOT A SAVAGE on the skeleton) frequent 233 alies (only visible of the nasal orifice are very much more in the among criminals than among honest people same country and of the same race." release from prison expressed by the noise of the lock. places man below the monkeys in the rank of the insectivora. and even much farther than monkeys. these anomalies would seem to have an animal character. "coco. etc. but it is in a spirit of mockery." typography. in his amusing report to the Congress of Rome. excepting that it does not in any way remind one of the little that is known about the Topinard. are super- by an abundance of onomatopoeia. and by frequent reduplication of the same syllables in the body of the word. one ought — and this is — languages of savages? ficially The latter. characterized — Now.. and from Italian. together with many words from the "calo" language of borrowed from foreign languages. who. their living and complete nose places them at the head of the human races in some respects.

and.234 THE CRIMINAL [§49 the language of primitive peoples is serious in its very puerility. Storck. and original. of former ages. and everything which is intended to remain hidden." by Louis Ravoux (Lyons. "Depe^age criminel. an excrescence of our languages. which is patriotic with the fine engravings in "Hommes fossiles et Hommes sau- 489 and 433). pp. Here we have strange but expressive arabesques." by de Quatrefages (especially. earrings. and which have as their object the completing vages. a decoration and an armor at one and the same time. but which rather accentuate the countenance. never upon the face. which are recreations of captivity. and which recalls the caricaIf this shameful tures made by a scholar in his exercise book. furthermore. But. profiles of women. it is after male criminals almost exclusively who have a taste for tattooing. I . which do not conceal. for it was in the feminine sex. its own grammar. they had been given up by men. upon the women or the enemy. poetic in its picturesqueness it has its own particular vocabulary. upon the forearm oftenest." 2 See on this subject a pamphlet entitled. the other hand. conceived of the idea of cutting pieces in order police. 1888). of its terrifying effect On but. as we know. in the former case there is nothing like this. owing to one of those criminal contagions which are not the least of the arguments that may be invoked in favor of the social origin of the offense and the delinquent. in the — — same way assassins of our own time. tattooing were a vestige of or a reversion to the habits of primitive would be more often met with among women who were criminals than among male malefactors. the rites. The old sacrificers used to cut up the corpses of captives or animals offered to the gods in order to divide them up according to the rites. showing tattooed Maoris. where a few examples are given of these obscene and stupid designs. a mark of the religion or the tribe upon the forehead of the individual who belongs to it body and soul. on the contrary. . up their victims into more easily to escape the investigations of the Can one say that this criminal cutting from the 1 religious cutting up of former ages to up which - proceeds presents it have dealt with this point and the follovring point more fully in my "Criminalite comparee. and who glories in so belonging to it. that the prejudices. It is as different from slang. we have devices and cynical symbols. as a wild appletree is from a poisonous mushroom. 488. and the ornaments savages it took refuge a long while for example. it will be well to compare the plates in Lombroso's atlas.^ As to the tattooing of malefactors.

temporary aberrations." Now. If one accept such conjectures as these. they have most often been sailors. which held sway for a few days upon the raft of the Medusa." The Arab. we have here "forms which. Storck). one of the most distinguished alienists of the new Italian school. I can conceive of one's special originality of being disposed to receive those of Lombroso upon the subject with which we are occupied. "Tattooing is rare among the natives of Cochin China." says Lorion." ^ . But it seems infinitely more simple and more probable to see in the inscriptions and scrawls with which malefactors cover their skins only the effect of an accidental contact with primitive populations. or servants on board the war or merchant ships." (Lyons. Cocker. by atavism? It is quite possible that some advanced disciple of Darwin might go as far as this. Frigerio seems almost to think that many generations of heredity might here play a certain part. arrogant. unless we are mistaken. tattoos himself still more ^ and often the nature of the ^ "Criminalite en Cochinchine.49] THE CRIMINAL NOT A SAVAGE 235 an apparent similarity? There is no more and no less reason for admitting this origin than for connecting the tattooing of criminals with the warlike tattooing of savages. recall the attempts of the early Christians. during a periodical attack of exaltation. told at the Congress of Rome of having observed a "moral madman" who. ^ "those who bear these designs made by means of various colors injected into the skin have lived among the Europeans. At the same time quite possible that the opposite should also be true. and pugnacious. firemen." and at the same time "was then driven in an irresistible manner to model in clay a great number of figures of a quite most tragic days of the Can one also explain those and form. "Criminalite chez les Arabes. Taine has brought to light several traits of cannibalism which were seen in the events of the French Revolution. who is much more civilized than the inhabitant of Cochin China. the grotesqueness and improbability which recalled the symbolic bas-reliefs or other crude sculptures of the centuries of the decadence." According to Bournet. such as anthropophagy. suddenly changed in character and became "quarrelsome. and that many backward people owe to their relations with our civilized sailors the advantage which they derive from practising these incisions of the skin. for it is especially among sailors who are criminals that this custom it is is to be noticed. but who is much more closely in touch with Europeans. Frigerio.

1890) he maintains that the anthropological measurements more often than not have only led him "into contradictory results. of prominent jaws. which. All the malformations of all the organs can be met with among all criminals. that is the truth. Let us conclude with this final remark. in flattened noses and elongated jaws. whether it be that the men become effeminate or the women have a masculine appearance. as one encounters reddened sputum in pneumonia and albumen in Bright's disease." He did not perceive anything that resembled a criminal type." May. moreover. and the characteristics out of which the pretended If madness and atavism to do with the inclination towards crime." This coincides with the opinion of Lombroso and other observers in the greater resemblances between the two sexes in the world of crime. "the prisons abound in pointed and flattened skulls. of asymmetry of the face. In this there is at least an apparent contradiction. But we are delaying too long upon a point which is of such secondary importance. Now.236 THE CRIMINAL [§50 design produced by him clearly shows that he has copied our fellow-countrymen. do not say heredity) have nothing what is a criminal? Shall we say with Fere that he is a degenerate." Among them an anomaly which is very rare elsewhere is relatively frequent: "the exaggerated and pronounced development of the breasts in men at the time of puberty. is the more firmly established of the two. The second one will detain us a little longer. to which I take the liberty of referring the reader." in cases of stuttering.^ It is certain that there is an agreement between the anomalies known under the name of the "stigmas" of degeneracy. "It is not possible to say that one meets with such and such a malformation invariably. etc. squinting and lameness. it is each day loses its probability in proportion as crime recruited less populations of rural districts and less among the backward and more and more from the corrupt and subtle surroundings § 50. While there he saw and observed more than two thousand prisoners with whom he was in perpetual contact." after having first part of this volume to overthrowing the physical atavism of the criminal and the other theories of Lombroso. ^ Dr. Emile Laurent was for two years resident physician in the central hospital of the prisons of Paris.^ criminal (I is (V) The not a degenerate. Just like the hospitals. however. or with Lombroso in his last work that he is an epileptic? A few words will be sufficient with regard to the former of these two theories. and with a great deal of vigor. I opposed this theory in my study on "Atavism morale" ("Archives de 1' Anthropologic criminelle. in his book on the "Habitues des prisons" (Storck. of squinting. malformations of the ears. then Colajanni in the first volume of his "Sociologia criminale.. devotes the second part to an endeavor to demonstrate the moral atavism of the criminal. Admitting that the likening of a criminal to a savage could never have had the least foundation. 1889). ^ devoted the — — . of great cities.

which are merely frequent. True and perfect criminals. but which can be conceived of. seem more especially to predispose those who bear them to evil actions? at all.§50] THE CRIMINAL NOT A DEGENERATE 237 criminal type has been built up. many of the born malefactors "are remarkable for the regularity of their physical conformainnocents. ^ These marks. — often is loss of equilibrium. the most criminal provinces. is is the cause of this criminality. assuming degeneracy to be added to a certain given moral characteristic which does not tend to crime. if models. 317. from being related to degeneracy that it is. of Fere — ." ^ "Sociologia criminale. or. is allied to criminality." and Magnan." Vol. At the same time. 315. such men as Pranzini. this characteristic would thereby give these men a criminal tendency? So long as it is permissible to base one's reasoning upon a hypothesis which cannot be verified. as Fere himself recognizes. table annexed at the end of the volume. are to be distinguished by the fine health of their inhabitants. one and due to an excess of energy and audacity. . Prado. are to be met with (according to which tables. do not denote "the actual or eventual disturbance of the cerebral faculties. But do these stigmas.^ Not Many stigmatized as imbeciles deserve the name of which their habitual harmlessness has earned for them. tion. however. especially alcoholic degenerates. I. cannot say that degeneracy as to criminality which it is is due to congenital weakness. among the degenerate. the opposite of degeneracy. I am rather impressed by a table drawn up by Colajanni ^ from which it results that the Italian provinces in which the greatest number of bodily illnesses and deformities in a that characterize degenerates. degeneracy a sort of physical loss of class at least. and not constant. are as little degenerates as it is possible to be. Without attaching too much importance to general statistics matter of this kind. furthermore. it seems as though one ought to reply in the so far negative. does this comparison give us the right to conclude that "degeneracy constitutes the best condition for the increase of morality"? Assuredly not. at the last congress of criminal anthropology. and Lebiez. those of the South. those of the North whereas. showed several of them who might serve as excellent artists' Thus. The truth is that the violent and bold criminality of the uncultivated provinces of Italy. Conversely. the thesis seems to be all the more confirmed) are precisely the most moral ones. See also pp. Can one even say that. to criminality that — that to say. as Lacassagne has demonstrated. so to speak. nor do I think that this is Colajanni's idea.

possibly At present the question is whether this impidse might not come from an epileptic constitution. the born 1 Schopenhauer reproaches Gall with having sought for the bumps of crime He rightly sees therein a denial of his doctrine or moral qualities in the brain. of variant.238 THE CRIMINAL of its very character. an epileptic? Refutation of this theory taken The example of Misdea analyzed." translated by Burdeau) incarnates the moral nature of man. we see them subject to the contagion of suicide. so full of scientific foresight. excludes enervated it.^ but he claims to prove that every true Epilepsy would epileptic." This is undoubtedly true. tory to this point of view to admit of a criminal type which was especially on the subject of hypnotism On the other hand. by virtue some affinity and attraction. "to the influence of their surroundings. but owing to the lack of resistance to a criminal impulse that comes from outside. however Lombroso does not say that every singular it may seem to be.) tells of having met with hysteria far more often than epilepsy. Essential periodicity of psychological phenomena. an accessory and secondary phenomenon.^ § 51. ^ According to the researches of Totini. of which they often become the passive instruments. which (see "Le Monde comme volonte et representation. localizes in the brain intelligence. and it follows from this that degeneracy." he says. and of the perverse of every category. me to be quite in conformity with this system to consider instinctive criminality Now. not when of it is connected with crime. the numerical proportion of liars. [§51 by reason and degenerate natures from participation in natures whereas. He which criminality would be the most widespread passes in review every kind of criminal. this is as being connected with the bodily anomalies of degeneration. the vohiptuous and astute criminahty of the cultivated provinces allows of weak Fere makes a remark which is worth while remembering with regard to degenerates. results in the latter. What may possibly be true at the basis of this idea. cited by himself. . be a species. epileptic is is criminal an a criminal. in his work cited above. "They are easily subjected. more or less in disguise. of thieves. it seems to principally characterized by cerebral anomalies. Let us pause for a few moments at this hypothesis of Lombroso's. what seems to be most conclusively proved. would not be more than four or five per cent. the will and the character in the entire organism. (It is true that it would be equal Laurent. they allow the emotions and the passions of the moment. and the latter only and only — — rarely in the antecedents of criminals. according to the celebrated German thinker. as well as the contagion of murder. to sixty-three per cent according to Cividali. its among agents. to be communicated to them. Thus it would be contradicso deep in many respects. among epileptics. (VI) Is the criminal literally.

— too easy. out of the five hundred and seven delinquent men whom he had under observation. tion or an "epileptoid.66 per cent. is the special organic exciting cause of Better still. A generalization which is at first sight and which conflicts with the restrictions which the author here and there brings to bear upon it. according to the statistical studies of the at the is most . I know not why. but which an instant later he forgets. At the very outset it clashes with the boldness of his figures. On the contrary. just as a spring stirs under the crumbling earth. he only found twenty his attention signs of this disease to escape cases of epilepsy. and even the occasional criminal and the " criminaloid " and underneath all of them he discovers traces of an epileptic constitu. and at the time when he wrote his excellent book upon "I carrateri dei delinquenti" he could not. a thing which is truly surprising if we are — to maintain that epilepsy criminality. after having read his work attentively. the murderous outburst of the man ferocity of the thorough-going assassin. he adds that only one of these twenty had committed an offense under the direct influence of an epileptic attack. again. same writer.§51] IS THE CRIMINAL AN EPILEPTIC? 239 criminal or the criminal through moral madness." as illogical as this one. without fear who is guilty because of passion or drunkenness. the homicidal delirium of the insane man. a single virtual or real focal point for the various forms of criminality. the cold — and without remorse. we are concerned. and it is He has sought. the criminal from madness. be ignorant of the importance which his master attributed to epilepsy. Thus was directed toward not allowing the slightest him in the study of his subjects. the professional routine . even. and in this we see the only new aspect of his book. one is convinced. Marro of Turin is one of the pupils of our author. Dr. the criminal from passion. from hysteria. from alcoholism. is thus easy. the proportion of epileptics in Italian prisons. if one hard to believe that so learned a man could deceive himself to such an extent through hastiness of judgment. and. does not seem worthy of examination. he has endeavored intimately to connect these various forms with one another by the bond of the flesh. therefore. his fellowcountryman. and Lombroso himseM admits that is it only five per cent. who weeps after having committed his crime. that under a mass of observations and conjectures a very deep thought is stirring. At the same time. the disastrous aber- ration of the fanatic or the "mattoid". a connecting link. The refutation of the idea with which takes it literally.

to rob. which above all sociological. of the that privileged person of times of equality. that certain classical forms of mental alienation. The latter. there is not a single one which is characterized essentially by an irresistible impulse to row. of special localization. and to destroy. to labor. and that there is some truth in that physiological and not merely juridical importance attributed to crime. has not been sufficient to fix a desire to carry out these actions in the physiological instincts which have a distinct seat in the cells of the brain. all other methods of of ness characterized One may be struck by seeing that there are categories by an irresistible impulse to kill. etc. it has been the monster. pyromania. kleptomania. in spite of its lesser repetition. the unpunished wickedness of the latent criminal. theft. and even upon . are very old to dig. forms of action. — or that favorite of the courts according to the prevailing system. it does show that the criminal not an ordinary act as far as the brain is concerned. accept this physiological importance without difficulty. as far as I am concerned. however. in fact. which has been able generations. whereas. robber statesman. but I think that this connection has some existence. This well known fact. and rape does not forms of crime in the least prove. mad- to rape. owing to a fact upon which Lombroso incidentally insists. as it seems to be otherwise with crime. as having any we shall see. the common origin of crime and mad- — — ness. Just because it has always been the exception. and erotomania. even though at the same is time one should reject the localization of activity. if not the probability. I can. if not its lesser antiquity. and that there would still be reason to admit the possibility. I really believe that he is mistaken in specifying so close a connection as this. such as homicidal monomania. repeated and multiplied for centuries by innumerIt seems that this repetition. on the other hand. Now. and weave cloth. Now. who has fallen into the [§51 meshes of re- cidivism. act But. Thus it is inevitable. arson. so long drawn out. that crime. the acute feeling which places its stamp upon the moral being. but from another point of view. whether is this sad social phenomenon has its deep roots in the brain what we must first of all conjecture. in reconciling it is with my explanation of crime. correspond with the different and permanent with murder.240 of the thief THE CRIMINAL by opportunity. should have played a stronger part in humanity in the deepness of the impression which it has produced than have the acts of ordinary life.

of . to the born criminal.§51] IS THE CRIMINAL AN EPILEPTIC? 241 the physical being. Moral madmen. In order to give some conception of his method. But let us return to epilepsy. . according to him. away with his teeth a piece of the nose or the ear of another.^) The same cannibalism: Cividali epileptic "eat the noses of three of his companions. who is not in the least epileptic.) The same tendency to The same inclination to be sociable: in saniis tariums epileptics are to be distinguished from the other insane by a If taste for associating together. resemble epilepThe same backwardness in tics in the following characteristics. especially because of its instantaneousness. Crime divides this privilege with those other acts which. (Let us add. origin. . abuse of sexual pleasures. the invulnerability of urban malefactors. is who are common to them and to all persons of their class. (Let its violence." but tear in fights taking place after drinking bouts among peasants we often see one of the combatants. the case of the epileptic the excesses with which we are concerned have a different commit suicide. as we shall see. according to our author. and the amnesia following it [?] is what is the precise meaning epilepsy thus understood. is the epileptic 1 is sociable. on this subject. are of exceeding interest to the organism. One asks oneself us observe that the invulnerability of rural malefactors. let us limit ourselves to a review of his line of argument relative to the moral madman. imaginary.) The same invulnerability. gluttonous eating (certain forms of hysteria). in other words. In this case the persistence of the habits of savages dating back to But in distant ancestors may be invoked as an explanation. ilhterate. it merely because he not a mad- See "Le Crime." by Henry Joly. The attack of genius. or. etc. and to honest people. — the drinking of stimulants (dipso- mania). . whimsical and (Incidentally. with whom. I shall not follow Lombroso through the various "boges" of the Dantesque inferno to which he leads us. irritability and bad character. is who are more crafty has seen an (So be it. likened to the epileptic convulsion in the same manner as the attack of genius and the criminal frenzy. " coitus " is The same morbid suspicious. The same inclination to contradict themselves and to exaggerate everything. The same obscenity. the moral madman is almost confounded. epileptiform. although coarse and very common. which common is to them and to the inmates of prisons. the personal equation with respect to people who are normally constituted. The same vanity.

we are told that there is a sort of criminal "aura" which precedes the offense and causes it to be foreseen. of easily forgetting their misdeeds. a passing mania. still contrary to the normal gait. the gait of rogues no less than their conduct would difiFer from that of honest people and would resemble that of the unfortunates affected by epilepsy. In certain cases. the abnormal individuals with whom we are concerned walk with a slightly longer stride with the left foot than with the right. one should see in that an inter- mittent madness. and that. those temporary criminals.) observed that on stormy days. chological point of view. is Lombroso and his colleague. characteristics by means of which. according to the measurements of Perrachia and Lombroso himself. taking up the researches of Perrachia. Unfortunately. furthermore. and not only criminal tendencies. according to Dostoievsky ("Maison des morts") the return of spring stirs up the instinct of vagabondage among the (We shall see later on that everything. ' It is. whether misdeeds or good deeds? \Miat I mean to say attacks. Frigerio. But what is there that children ^ do not very quickly 1 forget. [§51 is man whatever Lombroso may essence an isolator of the soul. and we are cited the case of a young man "whose family could perceive that he meditated a theft when he continually held his hand up to his nose. and strike their keepers. moreover. it has been observed by Bianchi in the case of four moral madmen and we also know that children. according to the "bad time" during the day. they diverge from the line of axis a little more to the right than to the left. a habit which ended by deforming his nose. will They keepers of prisons. when the attacks of epilepsy become very frequent. when studied according to the method of Giles de la Tourette. the epileptic contrasts wdth answer that. more or less artificial. tell of having periodical. is that he is not mad during the interval between his permanent imprint which the epileptic temperament stamps As to the epileptic attack.^ the objection that in two ways at least. smash their furniture. ^ Another very unexpected analogy between bom criminals and epileptics. prisoners have a tear their clothes. and it is quite possible that a new anthropologist. the intermittence of the attack and the following amnesia. from a psyimprisoned. and their left foot when placed on the ground forms with this line an angle of Such are the three deviation greater than the angle formed by the right foot. Conversely to the latter.242 ^ THE CRIMINAL say. is the same and differs as compared with other peoples. as has happened only too often in criminal anthropology. might arrive at entirely different results. in spite of the upon the character." As to the blotting out of memory after such an attack. Their way of walking. the inmates of prisons become more dangerous. the born criminal.) For madness in its very Do not offer to all these similarities. we are not told on how great a number of observations his conclusions are based. the same with epileptic amnesia as it is with hj-pnotic . have the faculty .

it can be said that he has acted under the Of epilepsy. because. where dormant for a long time.§51] IS THE CRIMINAL AN EPILEPTIC? 243 We must not forget that there is a sort of epilepsy that is not accompanied by any convulsion. or of some other nervous At any rate. is not without numerous exceptions. homicidal. fraudulent. epilepsy. except in the case which we shall take up later on. This sort. which boeuf' s subjects. as a general thing. Briefly. influence of epilepsy. divides — It is not. without any motive. when an individual. nor that owing to his habitual and fundamental character. having lain it is always thus. he is irresponsible in the latter case. This is true. and it is characterized as a criminal. but does not prove that we must always liken a thief who steals Madness also often alternates with genius in a family. is only revealed after the committing of some offense. There are cases. to a thief who steals owing to his morbid and temporary character. is a certain intermittent periodicity of impulse to commit crime. the man who commits a murder without any motive cannot be. if one takes into account our principles of penal responsibility. In the former case the subject is responsible. I will cite an example which is dear to him. But alternations and identity are two different things. and incendiary. crafty. native criminality and epilepsy are confused to the point of making an analysis seem great regret. they find that among their relatives and their ancestors epilepsy alternates with criminality. they say. they tell us that when they have complete information with regard to the parentage of criminals and epileptics. is accompanied more often than the other form by tendencies which are venereal. that of the famous Misdea. however. no doubt. Here our author seems to triumph. Again. among people who were previously reputed to be of good Every time that we observe among young delinquents character. affection? According to Trousseau. there thus reason to suspect that they are of an epileptic nature. impossible to separate them. commits a homicide. which is committed. Misdea was a bad Italian soldier. whether he be an epileptic or not. which causes a most profound disturbance according to Esquirol. full of hate. as has been proved by Del- . In order to bring out the nature of the dissent which. hopeless. it unfortunate. in fact. to my me from Lombroso. under an unperceived influence. amnesia. and night with day in the sky. grafted upon his normal character because of some cerebral disturbance. which consists of vertigo.

but they are not created. vain. Now. how many homicides which he would have committed. an epileptic. Was there not in the case of Misdea. would. which criminals are made? — that And if. manifesting itself in this way. vanity. if — to reveal themselves. independent of epilepsy. But let us assume that Misdea in ordinary times had been industrious. In the latter case. moreover. which would perhaps have been less atrocious in their form. if not better. however. lazy. in which malefactors other than he have found themselves. In this way the habitual Misdea became partially morally irresponsible for the crimes which have been imputed to him.244 THE CRIMINAL and with all this [§51 violent. as. and generous. he shut himself up in one of the rooms in the barracks and from there set to work to shoot down his comrades against whom he thought he had a grievance. besides the exaggeration. whereas. laziness. are exaggerated by reason of epilepsy. that he was executed. do you suppose that he would have been found guilty? . have been more worthy the name of crimes! His character. good. have been afforded him by certain circumstances of his social Ufe. all those violence. would in reality have remained the same. its manifestation through epilepsy. And this occasion could just as well. for example. frank. we are told that in him "lack of feeling. an attack of epilepsy have committed the murders which brought him to the scaffold? The last epileptic vertigo which seized him seems only to have furnished his criminal powers with the occasion lacking in him. characteristics which we find again in the born criminal and the moral madman. and by reason of which I hardly regret. devoid of feeling. if a really serious outrage had been inflicted upon his pride. A regular siege was necessary before he could be disarmed. a sinister hero. or if excessive poverty had driven him one fine day to the inevitable choice between work. and hatred driven to the point of ferocity. the stuff out of assuming that this stuff was he had been neither lazy. under a new aspect. nor vindictive. which was rejected because of his laziness. modest." They — may be exaggerated. nor a liar. if by chance during an attack of epilepsy he had killed one of his comrades. is to say. nor would he during boastful. was also the partial denaturing of it. nor cruel. and during a final attack brought on by the most trivial wounding of his self-esteem. who alone resisted an entire regiment. The noticeable thing is that out of a coward it made a brave man. and assassination. which was accepted because of his lack of feeling.

excepting that.§51] IS THE CRIMINAL AN EPILEPTIC? 245 He would asylum. he might possibly be the victim of a sort of chronic delirium tremens. differing in this from Misdea. intoxicated by his absolute power. Such and such a Negus of Abyssinia and such and such a King of Dahomey. which had been suddenly changed into sickly vanity. who have not the same excuse to advance. Perhaps there is no murder committed by a madman in a moment of insane impulse which is not — — that very moment. conjugal jealousy or the madness of exasperated venmore often than not a proportion exists between the (imaginary) motive and the act. . who sees that one of his subjects does not prostrate himself quickly enough when he passes by. assuredly have been acquitted and confined in some And yet a murder committed by him. Lombroso seems to think that when we see an act of violence or fraud committed by an epileptic or a madman preceded by a motive. But this is an error. Again. whether civilized men or barbarians. this crowned bandit has not even partially changed his character in carrying out so ferocious a vengeance in order to punish so slight an offense. assuming this to be so. or. his personality would have affected his modesty. better still. in the same way. however great may be the disparity between the futility of the motive and the seriousness of the act. just as it had affected his cowardice. his moral responsibility. But many urban or rural brigands. But. But this proportion we shall see that is not sufficient to prove the criminality of the agent. falls into a rage and cuts off the man's head with a blow of his sword. geance. after a long career of assassination inspired by cupidity or revenge. at least between a homicide and the circumstances which determined it. caused by a passion that belongs peculiarly to this insane man at If we take into account the intensity of this passion. which had been changed into intrepidity. wathout the murderer ceasing to be fully responsible for it. come to a point where they kill a man in order to gain a few centimes or in appearance. might have been brought about in the same way by a wounding of It is sufficient to assume that the alteration in his self-esteem. between the temporary and accidental character expressed by this motive and the permanent character that is an essential part of the person. Conversely. according to us. there may be the greatest disproportion. is complete. we cannot reasonably distinguish an act so committed from an analogous act committed by a criminal indisputably judged to be such.

between delinquents because of heredity and delinquents because of education. is therefore one of the best counterI admire the simplicity with which that law proofs of my sociological principle. but a moment after he inevitably falls back under the weight of habit and custom. or even. Lombroso goes to a great deal of the delinquent of useless trouble in trying to discover traces of epilepsy as the underlying cause of the actions by opportunity. Only opportunity merely acts by means of its meeting with an internal condition of the subject. be without motive. The reason why honest people remain honest is the same as that which makes delinquents become recidivists. but. misdeed. by the consolidation sion of their will into a habit.^ what has epilepsy to do with Lombroso himself tells us of a band of assassins composed ten brothers and sisters. because of a mere insult. at any rate. of that nature which they have created themselves. so often pointed out in our day and so striking. when the internal condition of the offense the result. that is is to say. but of imitation under it? of all its forms. the imitation of ourselves and of those who are about us. is that it was a mistake to create a gap between the accidental delinquent and the habitual delinquent. or nearly so. What I am very willing to concede to him. ^ ness of this social force of imitation. of segregation. Now. moreover. which extends to the whole of nature. but. which is obedience to habit and to custom. if you will. thus operates in our societies. the expresand the result of their innermost nature. Let us draw a distinction. in this last case. on the contrary. by a combination of the two. just like the thirst of gold for more is not an anomaly and not in the case of the gold in the case of the covetous man. which has expressed When he takes his first step in crime the dictory results. by the direct or indirect action of the social surroundings in which the ancestors of the individual have been constantly immersed.se back into crime once the first wTong has been committed. not of heredity especially. for the mere Although here the crime may be reputed to degree lessened. or. the guilt of the perpetrator is not in the smallest For in the long run the thirst of blood for blood murderer. who was In this connection I cannot refrain from observing once more the fruitfulitself in the most contraman who has gone astray has momentarily broken with his usual distrust of novelty. just as he himself has been. in very rare cases. The unfortunate part of it is that opportunity is always the beginning of a habit. the youngest sister alone.246 THE CRIMINAL [§51 pleasure of killing. when it is a matter of a new habit or a different custom which is limited to the little world of the high class or low class Thus the same cause which holds us back on the declivity of our first thieves. causes us to lap. This progression of recidivism. a condition which is produced either by heredity or by education. little by little. he has made an innovation like the inventor. in itself a symptom of insanity. . rather.

which is not lacking in depth. Epilepsy in this sense would only be passion which had to a certain extent become later slightest pretext. Can we not say that from this day on he has to a certain extent become epileptic? An attack of some kind of passion which has become fixed in a distinct cerebral negative would thus be the beginning of epilepsy. I do not pretend to be able completely to bring out this truth. . which are rather like attacks of epilepsy. the terror. We can accept this point view subjects a sudden with this author.§51] IS THE CRIMINAL AN EPILEPTIC? and to spill 247 quite a child (what becomes of the criminaUty of children here?) refused to steal follow her relatives. He acquiesces in the definition of it given by Venturi. in good as well as evil: "to the movements. Was she an epileptic? He does not tell us. At the same time. latter. and the idea of which is suggested to me by the explanation which the author finally makes with regard to the nature of epilepsy. we observe that among the sanest and strong excitement can give rise to manifesta- tions of anger. to feeling. to tears. like the themselves spontaneously later on tend to reproduce under favorable circumstances. and which has been terrified at dusk by a shadow or a white stone. of fear. Thus we believe that we are able to assert that he has not proved his theory. The epileptic temperament. but on coming into existence of their own accord and upon the though their imprint had remained in us during the interval? A horse which has been quiet up to that time. of jealousy. is merely an exaggerated temperament. originally having some motive. and. to emotion. the hallucinations. those enormous disturbances. and of erotomania. But in reading it we have the feeling that it hinges upon a truth. that he should explain himself on this subject." in both of these cases it is the same nervous life that of is more or if. to tell the truth. of us during the course of his How life true this felt is! Which one has not someone of those violent shocks of the heart. to blushing. less strongly expressed. in time she blood. as firmly fixed. according to Venturi. but. the rage. correspond the convulsions. the congestion and foaming mouth. and the delirium of the epileptic. and especially in broadness. forcibly compelled to came to be the most ferocious of them all. to the judgment of the normal person. It was indeed time. there is one aspect of this unknown thing which it seems to me is visible here and there. which is excessive in everything. thenceforth rears from time to time at the same hour before some phantom from within.

whence result eclipses or moments Everything is periodic in the "myself. These innumerable and incessant rotations. true. Had it is it not been for epilepsy properly is so called. we may . we cannot prevent ourselves from gravitating in an ellipse of thoughts. characteristics of madness. actions. which astonish us ourselves. of our latent feelings. that accounts equally well for the opposite of crime. and one entirely changed. however reasonable. But by means of epilepsy we may learn that there are within us many invisible wheels that are turning unknown to us in order to release periodically the tension on some terrible spring and to cause the explosion of one of those internal explosive sub- — we carry within us without knowing it. has its sources in the sorrows of love of their first youth. just as owing to the complicated centripetal forces of the heavenly bodies that their conjunctions take place. — tence and to its periodicity. of genius. which are multiplied ings sometime take place within us and confused. It owing to these endless turnings. Moreover. of sublime brilliancy. of perversity. We can also say that. that meetwhence spring unexpected it is acts of audaciousness. from season to season. remains. be- cause it obvious. and from circumstances to analogous circumstances. which all common but which is more marked in epilepsy than in any other phenomenon. in broadening out to this extent. and sickly ideas or inclinations are not the only ones which have a tendency to repeat themselves without being called upon. its intermitwhich it is instructive to consider. of our plans. might not have been so psychic phenomena." whether it be the normal one or not. that is. which the return of spring invariably brings to many souls and which forces them to suspend all work then. epilepsy does not sufficiently account for crime. which are the unconscious life of our memories. and it is it could be the social explanation of crime as well as its natural explanation. striking. however free from all neurosis be.248 THE CRIMINAL [§51 Now. always the same. and emotions which are repeated from day to day. at any rate. even understood way. the continual repetition of everything that has once entered stances which into us by means of accidental cells of impressions — are is carried out within the interior of the our brains. an essential characteristic. The sort of enchanted and poignant sadness. but they are the ones which succeed best and most irresistibly in repeating themselves. the circle of epilepsy has become However. the importance of this characteristic. in this there is no need for me to remark that.

no doubt. it will not suffice for us to establish it we and and to discover it where it is it is less marked as compared with the phe- nomena where more marked. the planets are. vague and insatiable. and "timbre" of that sound. And. there is none which is stamped more indehbly. of scars which form a part of our description. a homicide. leads us astray and changes our One w ill say that between these opposite many intermediate ones. to justify us in judging the in- dividual to be irresponsible for that which appears or breaks forth in him spontaneously. at least. ment during But. like the comets precipitated from extreme heat to nature at each instant. once the crime has been committed. of — On the contrary. But there are also among the unfortunate. for the very reason that this periodicity with which are concerned extends to the whole world of our consciousness of our unconsciousness. characters there are extreme cold. days when a silent. who have suffered great privations. the ellipse of memories and habits which I have just been speaking is really ours because it is with our support or according to our initial wish that it has been traced. like a curve described by the planets. great humiliations. if in the past there .§51] IS THE CRIMINAL AN EPILEPTIC? 249 forgotten and resuscitated confusedly with the accompaniment of other deceiving reminiscences. rather clearly separated from the comets. during which a sort of criminal appetite. after all. and vice versa. will come back to them. or else. one knows not why. months. a sort of internal hand-organ. the enormous ellipse along which madness projects us. and. And if during such moments someone offends them. a theft may be the result of this fatal coincidence. harmonics of that note. a confused need of hatred and vengeance and envious greed. or bad treattheir childhood or their youth. Certain predispolast for without any apparent cause which weeks of at a time are to be accounted for by the vague resurrection former happiness. for crime sets its stamp upon the character. inexplicable rage mutters within them. there will be days. as there is no stronger feeling than this. arson. There are here some distinctions to be drawn. which sitions to joy it is impossible to stop. plaintive and heart-rending. This forms a sort of spontaneous concert of the heart. not obviously contradictory. and. Yes. or if some prey tempts them. because it is the internal perpetuation and assimilation of accidents which have become essential to us. as a general thing it only compels us to traverse states that are not very unlike one another. but there are fewer than one might think. More often than not.

an attack of epilepsy. For example. and sometimes even takes just like in several generations. form a rather narrow zone. the repetition of the same acts and of the same ideas at very short intervals. addicted to the abuse of alcohol who become firmly rooted in their vice the recurrence of their trouble brings about. That which life is called order in the life of the indiis vidual or in the of society only a chain of periodic ideas and actions with the smallest possible periods of conflict. industry. it is noticeable that repetitions of morbid attacks. the repetition of acts and ideas at intervals which are already a little farther apart. — is — comes to be torn by these eruptions. But." . the result or mental madness. [§51 they have been destroyed. there is scarcely any middle ground between order and disorder. can even. to tell the truth. anarchy or epilepsy. The hereditary repetition of the intellectual and moral maniacs. Within the soul." It is the same thing in the case of dipso- drunkard mentioned by the same learned man. that are irregular Among people to start ^dth. memory and instinct. linked together. just as within society. Then we have social identity. mechanically repeated an offense w^hich was identical. qualities presented A by one's ancestors enters as a curious instance into the general periodicity of psychological facts. properly so called. in the long run. and semi-madness is a state of unstable equilibrium wherein one never sojourns very long. a repetition of tendencies towards certain acts and certain ideas ^ after the expiration of a considerable time. health. the borders of madness. he took possession of a carriage and horse which had for the moment been left by their owTier. All of a sudden. justice.250 have existed hybrid THE CRIMINAL celestial bodies. every time he had drunk too much. which go See his work on " Alcoolisme. all these are just so many concentric undulations. There are other conclusions to be drawn from the foregoing remarks. in a calm spirit. when the substance of the periods that are and which we call work. Work. finally. And from one of these states to the other the transition is. heredity and atavism. whatever one may say. says Vetault. a vicious or perverse organization breaks out in an honest family. when these periods of eruption occur. habit. A certain order. have a tendency to become regular. equilibrium. always brief. but it still remains subordinate to the latter and only serves the more to accentuate it. after all.^ "a regular period. disorder or creep into disorder. This case is the one in which the period exceeds the lifetime of the individual.

which is as variegated as it is numerous. as the prime mover. there object. must in the long run recruit its members from among those individuals . through heredity. or develop among its members. of imi- tation which society. nor that physiological relationship which their common resemblance to supposed ancestors would bear witness to. a fine frontal development. a series of the best skulls of distinguished men — by this of the liberal professions collectively typified. consequently. of the imitais a slave and prisoner of organic life. and this hypothesis is sufficient to account for even the anatomical peculiarities. whether it be open to everybody or enclosed in a caste. the forms which it prefers. is the bond which brings them together and often gives them a special physiognomy more easily perceived than formulated In our opinion it is a bond which is entirely social. if there exist between them neither that pathological relationship which a similar form of degeneracy or mental alienation would establish. extend themselves and become more complicated. If the group of malefactors. but with regard to every class and every social category that is more or less clearly defined. especially the physiological and psychological peculiarities by which delinquents are distinguished. always a will to Whatever road we take. by a face which is relatively small. as changing as it is persistent. and especially a cubic capacity that is far above the is — is understood the chosen . which society has suggested its we come back to this source of the offense. of what nature. This is so not only with regard to every profession. Physiognomy and handwriting. the talents and. the intimate relation which is to be observed between people carrying on the same trade or trades of a similar character. is not united by a single bond that is truly vital. there are grafted is in their turn all the superior forms of imitation of others. free and emancipated all in the immense world of But at the centre of is these rotations. (VII) The criminal type is a professional type. and graft themselves upon one another. according to Manouvricr.§52] THE CRIMINAL A PROFESSIONAL TYPE 251 along their way. Let us add that tion which upon these various forms of imitation of oneself. We have told in a previous chapter why every profession. a same group of maladies with which they would be affected. Let us first deal with the former. § 52. then.f* endowed and best fitted to succeed in it. For example.

And. or engineers.252 average. the hereditary transmission of aptitudes has less time to into be carried out." by Gil Maestre. although one can reply that it is the same thing with imitation as with attraction it which is exercised inversely to the square of the distances. to the former. See in the " Criminalidad en Barcelona. one can say. sons abandoned by a father who had no resources" or of a prostitute. interesting details as to these bands of precocious malefactors. at first for maraudand then for theft. that it might easily be clearer and less doubtful than the famous criminal type. of all careers. to we shall certainly be led draw a typical portrait which will have rather strong characIt is even probable teristics drawn from each one of these groups. as a general thing. associate together. one of the most competent of Spanish 1 men was magistrates (1886). this is the ordinary case. As a matter of fact. Thus would be permissible for the child who was the most normally constituted to be more influenced by half a score of perverse People have been astonished to observe in England that the class of clergydistinguished from the rest of the nation by a proportion of births of male Bertillon. If one stops to reflect that the act of generation is a confluent and a condensation of all the organic activities. philosophers. ing. However. one wall be led to see in the preceding remark a reason for believing that every class and every trade has its physiological characteristic and its anatomical characteristic as well. moreover. that the preference which they will give to the example set by a small minority of of the rascals over the example immense majority who are labori- ous denotes in them some anomaly of nature. there are others whom the fatal logic of their vices has driven to the dilemma of crime or death. learned men. the career of a criminal is indeed the one that is least often entered into by a person having freedom to choose. their homes. The majority of murderers and notorious thieves began as children who had been abandoned. ^ The majority of thieves. and the true seminary of crime must be sought for upon each public square or each crossroad of our towns. even with regard who. in those flocks of pillaging street urchins like bands of sparrows. because of a lack of education and food in Without any natural predisposition on their part. whether it they be small or large. . says Lauvergne. We give an outline of it further on. as a consequence of the rapid extinction of vicious families. and is the one where. that each profession gives us a different proportion and establishes in relation to each one of them the proportion of births of male children compared with that of female children.^ THE CRIMINAL When we go into detail in the separate study of [§52 artists. One has been thrust from birth. has established infants far greater than the general mean. "have been children of the streets.^ their fate is often decided by the influence of their comrades.

but there have been phrenologists who have often given proof of a striking divination. In spite of everything. Of graphology. the criminal anthropologists would not fail to survive it. we can explain why the existence of a special "scent" which reveals the criminal tendencies of a man of "evil mien" to the skilled detective and the wise observer cannot be contested. How many times have we not seen in science and elsewhere a persistence of successive defeats merely attesting the categories" that . Moreover.^ It not the eye. Lauvergne cites several diagnoses of this sort in his book on "Les Formats. should it one day perish. without at all wishing to humiliate criminal anthropology by this comparison." Of the science of physiognomy there is very little left but there have been and there still are physiognomists since the time of Lavater. the most essential quality of a good detective is an memory. upon inspecting a sample of handwriting will be able to tell the character of the writer. seven or eight times out of ten. strength and power of certain causes and presaging their future triumph. that criminals form one of those "professional advancement in the trade of true vocation. despite the failure of previous attempts to attain the unattainable and to prove scientifically the correctness of that which the sight of malefactors often makes us feel. Of phrenology nothing remains. and to show that their wisdom was equal to the occasion. what will be left in ten years? I do not know. it is not the mouth. Topinard and Manouvrier are each separately drawn eye. there surrounded than by millions of unknown is no doubt that murder or theft ordinarily assumes a more or less vaguely recognized by an experienced Also. it is the smile. above everything. excellent . but it is certain that for a long time to come there will be handwriting experts who. which is rather in vogue at this time. it is the look. let us remark that the special "scent" which sometimes makes one discern among honest people the man who is dangerous and "capable of anything" is much less guided by a vague feeling of a certain anatomical description that applies especially to is vagabonds than by that of a physiological description. which enables him to recognize after months and years every one of the malefactors that has ever passed before his eyes. to this conclusion. ' it But. Well. I will take the liberty of adding that. Thus.'' Only. the enumeration of so many consecutive failures has in it nothing to discourage this science.§52] friends THE CRIMINAL A PROFESSIONAL TYPE by 253 whom he is fellow-citizens. we have just been discussing.

slang. — police agents themselves. To a certain extent. there is nothing that is so quickly modified in us by the influenc-e of education and the circimistances of life as the mobile expression of the \'isage and the body. statically considered. while strengthening a child. in fact." multipHcity of the functions of the brain opens the door to more modifjTng agents than any other organism of the economy. it has its special idiom. as other trade. The clear-sighted handwriting expert bases his inductions not upon the finished writing. like every other." 1886. to a certain extent. but upon the running writing. hke everv of crime. If a good hygiene has the virtue. the the faces of the over. the brain. a swindler. The ven." Now. In spite of his absolute faith in the system of Gall. both of them make a drawing of the action.. that enlightens the di\'iner without his kno\\-ing it. not upon each one of the written characters by itself. but upon their relation of d\"naniic sohdarity. a thief reveal themselves as much by the play of their physiognomy as by significant pro- latter are not eren recognized until one has read upon condemned that they ought to erisi." There is not one of even the most precocious of the young monsters of seventeen or eighteen years whose exploits appall the press who has not behind him years of criminal apprenticeship dining his entire vagabond and soiled childhood. has its special schools. hygiene has this power as well: and that which of the body is especially true. "Our power of modification is dependent in everything on the complication of the object which is to be modified. that which is called "the air and the manner": a further reason for beHeving in the preponderance of social causes in the formation of the malefactor. Lauvergne writes this admission: "A pickpocket. anatomical characteristics themselves are not subject to the influence of these causes. and coppersmiths to painters and law\-ers. of modifying even his structure. is the physiognomy. from sailors. ^ who say that they "camoufler" them- "Theode de la responsabflite" ("Archives de TAntliropolc^e criniineQe. a bad is true of the whole Dubuisson remarks. not the fiiHire. whereby the impulse of the spirit portrays itseh' in the nio\ement of the hand. More- tuberances. For the trade Also. it the carriage. WTiat old and deep-rooted profession has not its own slang. namely.of the most plastic of our organs namely.254 is is THE CRIAIINAL it [§52 it i? not the features. 1887). . the pen is to the action of the mind what the sphygmograph is to the action of the heart. to the verv* masons.

§52] selves THE CRBnX. gambhng houses. We can read Masime du Camp on Finally. Hke so many little shops where a backward manufacture sur\'ives. the rising of the peasants in 1358. lent in Italy. demand the complicity of people who are rich and reputed to be honest. organized in the very midst of pastoral tribes. As an example of the former. tiiat every tradesman who cheats his cHents is a thief. How many times has a warlike band. epidemic or endemic.' leaven that has ser^ ed to raise an empire and estabhsh peace through the triumph of the strong? So. and that. low taverns. under its military and despotic form. prejudices. which are just so many places of refuge for — — the receipt of stolen goods for delinquents. houses of prostitution. and. does nothing but harm. how much traffic in decorations. recognize the fact that from the out and out criminal to the most honest merchant we pass through a series of transitions. 255 and "coton" temporary for a "resemblance. which have played a far more important historic part than one might suppose. there are special associations. could ever be uprooted from our society. or permanent. and in certain respects Jacobin- which temporarily ravaged France." etc. They have many how much extortion. as a general thing.? this subject. do not reproach me with doing too much honor to crime latter. and customs in order to drive the human race from the pastoral poem to the drama of ci^'iUzation? And must we not. If the petty criminal industry which languishes in the depths of our towns. other accomplices. been a society of brigands? How many times has this brigandage been the necessan. every man who misrepresents his merchandise is a forger? And I do not mention the great number of industries that exist more or less indirectly through the profits of crime. rights.lL A PROFESSIOXAL TYPE when they mean to "disguise" themselves. which are traditionally prevaThese are great professional syndicates of crime. who profit by them. the great criminal industry has had its days of great and fearful utility in the past. with all its roots and its rootlets. how many doubtful bargains. old-clothes shops. unfortunately. It is If . not always without their knowledge! the tree of crime. under its financial form. it would leave a giant abyss. that every grocer who adulterates his ^ine is a poisoner. eager to overcome scruples. as an example of the the Camorra and the MafEa. ^'\^le^e would we be if there had never been any fortunate criminals. by placing it among the professions. people pretend that it renders appreciable services. Among the upper classes. ism.

One could without any very great difficulty write a treatise upon the art of becoming an assassin. to physical torments. Perhaps one is born vicious. and you will not be long in becoming devoid of pity. The psychology of the murderer is. for example. A tree should be judged by its fruit. and you will be very lucky if you do not kill anybody during the course of your life. and hatred to grow in you out of all proportion. make us intimately acquainted with the tells us. damned "with the exception of a few who were gifted with an inexhaustible gaiety. the psychology of everybody. allow pride. and excessively formalistic. would undoubtedly not be quite so interesting if one knew the psychology of the thief and the murderer a little better. were morose. (VIII) result of his Psychology and the criminal. and only open it to keen suffer also. harden yourself from childhood to sensations blows. was developed — in affected. Let us. — with which each prisoner was and acquired the general tone. almost the only subject upon which the realism of our writers of fiction and our poets is exercised. become irascible and vengeful. enter with Dostoievsky his "Maison des morts. Keep bad company. in Siberia are reviewed. vice by crime. envy. presumptuous. The criminal is partly the own crime and of criminal justice. the psychological characteristics that I have just enumerated are indeed the most striking ones among the . . to of this world. The psychology of the prostitute and the debauchee. horribly vain.256 THE CRIMINAL [§53 a good thing to overcome the repugnance which prevents us from examining the criminal heart. The satisfaction of feeling themselves all right . susceptible." There is no more fitting document than this book. in the last analysis. in fact. were it only to help us in overcoming the very keen attraction which leads us to delve into the vicious soul. and insensible. envious. unjustly undergone. to get his bearings unconsciously sub- feeling." he . but it is quite certain that one becomes a criminal. close your heart to tender feelings. vanity. and who for this very reason drew down upon themselves a general contempt. grow hardened to evil. And. "All the prisoners. — inmates of prisons. The newcomer who sought mitted himself to this a sort of personal pride. § 53. and in order to go down into his heart it will be sufficient if we analyze om* own. . wherein ten years of imprisonment. to intemperateness. Vanity was always in the foreground.

just as of all mistakes there could while at exercise. but. it is partly because of their conceit and partly because of the physical lack which is a characteristic of the lower classes. I observe that among the Annamites and Kocher among the Arabs have. This was fortunate. that of the extraordinary facility with which their wounds heal. an inconceivable thing. A frequent punishment was that of a hundred or five hundred strokes of rods or canes falling like a shower of blood upon the sufferer who ran between two lines of soldiers. courageously bore this penalty. Had it not been for work." titanic conceit of criminals. or because there was nothing better to do to while away the time." but they were the innocent ones. "all the prisoners. these people "would have destroyed one another like spiders enclosed within a glass jar. carry on at rare intervals some coarse idyl with the women "ad hoc". for the most part. Now." This lesser capacity to feel pain may allow of one's understanding of feeling.§ 53] PSYCHOLOGY AND THE CRmiNAL to the point of childishness. without inviting any comrade to participate. as they could also wnth less difficulty procure brandy for themselves. it is remarkable that in all times and in all countries. 257 them They looked down upon peasants from the heights of their greatness. or the ones who had gone astray. another privilege which malefactors enjoy. In this prison the great pleasure to be attained from the profits of one's work is to satiate oneself all alone. but because of compulsion. among the bandits of Corsica and Greece. in spite of their chains and their guards. It is true that they worked in this prison. selves. . This is common to them and certain barbarian peoples. pride is the dominant note of their character. The convicts. who show the same rapidity of healing coupled with the Lorion same lack of feeling." One did indeed see "a few good and mild faces in this sombre and hateful crowd. also. so there is no greater cause of insociability. or among the Sicilian "maffiosi. although they them- Let us observe this is none which is more easily reconciled with the apparent errors of others than this exaggerated esteem of oneself." just as among the degraded of our large towns. without exception even the most faint-hearted of them. were peasants. This agrees with the sphygmographic experiments of Lombroso upon the impression which the sight of a glass of wine and that of a "donna nuda" cause criminals to experience. they ordinarily preferred to use their money in the latter way. The stoicism of prisoners is wonderful.

"An individual such as Petrof would assassinate a man for twenty-five kopecs.258 THE CRIMINAL [§53 independently of each other. facts which Because of his concern as to the efiFect he produces on others. ' Note this: tial comrade. earliest societies are thus always formed by the unilateral tie of prestige before Kcognizing the reciprocal tie of sympathy. if the crime has been committed against people of his neighborhood. felt within themselves that in observing this festival tliey were in Also."" quarrels nor the habitual insults were heard. They ." although they were "hard and sharp" in their mutual relations. matters to him. on that day "neither the touch with the rest of the world." One ought to read the account of the Easter celebration in the Siberian prison. who in suggesting to hypnotic subjects that they could not feel the pain of their hastened their healing. in order to have enough money to drink a half litre. Certain experiments carried out by Delboeuf. but at long intervals a violent this type. and it would be to misunderstand him opinion "That if we were to believe that he is a stranger to their society. "Outthey side of the high respect which they have for this great day. he is sure that a minority of the people will not look upon him as absolutely lost.^ Far from presenting that absolute lack of foresight which Lombroso makes a characteristic of the criminal. against his brothers. pointed out this twofold gift of nature. because of the very envy and hatred which he bears for others. they got up a theatrical performance. on they are led to group themselves under the rule of some influenThe are not yet capable of really caring for one another. throw light on all these have been gathered together from various directions. and sudden desire aroused by some insignificant object. many of them fulfilled their religious duties. injuries singularly one can indeed feel that the criminal bears some social relation Their example carries him away. The convicts celebrated this solemn occasion with all the pomp that they were allowed to. however. it seemed as though ordinarily a sort of friendly feeling existed among them. their to the rest of mankind. Petrof is the perfect incarnation of This man had few ideas. the companions of Dostoievsky showed a calculation and a rare perseverance in the carrying out of all their plans for their purchases of or their escapes in the spring. The impulsive type was absolutely an exception. brandy and the idea of their eventual punish- ment never ceased to be of concern to them. which continues to justify the criminal in his own eyes is that he has no doubt but that the verdict of the neighborhood in which he was born and where he lived acquits him. excepting.

is the criminal as devoid of feeling. The convict prison sobers him. and the majority of the Italian authors maintain? Their observations seem contradicted by other testimony. I can say the same thing of laziness and lack of remorse. To sum up. and which caused him to commit five or six other murders without any reason. are far from belonging exclusively to the criminal and can be the effect of crime as well as its cause. which distinguish the delin- quent from ourselves. fiction. vanity and lack of feeling. we observe that the is relative proportion of about the same in the former More than one-half of the books read by prisas in the latter. Lombroso.^ oners consist of fiction." July Joly on "Les Lectures dans les prisons de la Seine. 1888. They readers for each kind of writings — — ' "But in the convict prison as everywhere else. literature.. the various sorts of etc. books. the character of the criminal already very much easier to trace with precision than is his physical type. the books of Alexandre Dumas chiefly. especially the intellectual differences. an article by Henry . changes according to race. who plunged into his evil course in the intoxication of his criminal "vita nuova. and convictions at the same way His responsibility was not will is complete. and "one would never say to see him that this wet hen men. the two most often betrayed. Besides we must not exaggerate the psychological differences.§ 53] PSYCHOLOGY AND THE CRIMINAL 259 every other occasion he would disdain hundreds of thousands of roubles. They also greedily devour the "Magasin pittoresque. if they had ever noticed invulnerability among them. at least. "at the central infirmary of the Sante." says the author. — When we compare history. "I inquired." says Joly. of his one idea. because of the disorder created within him by a first murder which could be accounted for. physically. where all the men from the prisons of the Department of the Seine who are seriously ill are taken care of." He was "the most determined man in the jail" ^ because he put his whole strength of as the hypnotic disposal of his temporary desire." As to the moral characteristics which we have endeavored to point out with some precision." And he adds that we must not confuse the determined man with the man who is desperate. as Dostoievsky. in the and the madman. his character scarcely varies." of his infernal emancipation." and even the "Musee des families." the "Tour du Monde. less science. — that are read with more or enjoyment in the Parisian prisons for both sexes with the reading that is more or less preferred in the munici- pal schools of Paris." killed five or six ^ had 15. In the first place." "Archives de I'Anthropologie criminelle. "men of determination are rare. His type this.

I repeat. I believe. would surely die." something which scarcely accords with the facts of the and to which the memory of some examining magistrate in the provinces could very easily add still others. the honest workmen. the importance of which he in passing. by the very simple consideration that Dostoievsky and Here is stoicism in penitentiaries that were related above. and the provincial who have little physical feeling. but have its effects upon the perpetrator himself been sufficiently explained outside of a few ^ ^ Joly (op. The relative idea of attributing the lack of pity in the criminal to liis exemption from pain is thus merely a conjecture without any proof.260 replied that. undergo operations with very much more courage than the patients at the Sante. smothered her child. — — Lombroso. without any injury to her health. the malefactors cared for in the Parisian hospitals participate in the general and characteristic hyperaesthesia of the inhabitants of cities. .) has touched upon this question. went through her confinement. has been made of the effects of crime upon the surrounding society which becomes terrified at it. at the very time when she was preparing a meal for five or six laundresses. like the majority of the Italians magistrates. which are noticeable among criminals are perhaps A study rather the consequence than the source of their crimes. coming and going. cit. moreover. and the prodigious conceit as well. They distinctly told me that to one who had worked in this special infirmary and in some of the ordinary hospitals of Paris (as almost striking. that the monstrous egoism. It is. But the apparent contradiction which faces us here is easily removed. like the illiterate. Nine times out of ten the girl mothers who kill their new-born children go through their confinement clandestinely and under conditions such that a lady. who go to be cared for at the Charite or the Hotel-Dieu. whereas. if she allowed I know of one prisherself to take such risks. went up to her room. and. far THE CRIMINAL from it. and three quarters of an hour afterwards came downstairs again and went back to her household duties. upon the followers of the malefactor who are going to imitate him. [§53 they always found them very sensitive to pain. have had to deal with all rural criminals. all the internes have done) the difference was The brave fellows. standing up. the fathers of families. who. being overcome by the pains among a thousand oner of childbirth upon a washday. seems to have seen. Another hypothesis seems to me to be more probable.

his execution of a crime can be regarded as the progress of a special kind of fever which has no name. between his compatriots and himself. disturbed to the very depths. morality. There are fermentations which are no sooner completed than they begin again under new forms. and of such a nature is the criminal fever. in the same rank as those other internal fermentations stood. or poetical in- Now. An abyss has been dug out. it is by the it fascinating thrill of the persecuting idea. After alcoholic fermentation comes acetic fermentation. be it underan image. or the He is proud scholar who has just composed his first good verses. love. and. However longed for it may be. which are more dangerous than the former. Before acting the future criminal to drive out is agitated. and driven forever from the house of his father. produced by the criminal act upon the imaginatheoretical or sensational novels? But no less than his imagination are judgment and his will. which impossible and horrible to contemplate. like the cerebral fermentation of not socially. and although the all-powerful force of their example compels him to listen to and to repeat within himself the blighting echo of the judgment which they will pronounce upon him. his reason and his feelings and his selfesteem. right. the determination upon. — — which are known as the impulse to spiration. the sudden and ineffaceable stamp.§ 53] PSYCHOLOGY AND THE CRIMINAL 261 The most that has been done has been to attempt to portray the impression. a sudden chasm. suicide. his strenuous effort to free himself from them has merely lately — . plunged into a new world which has opened up before him. of his isolation. there are crises in constitutional illnesses from which the organism comes forth remade. changed or deformed by this terrible blow. although he never entirely succeeds. his own downfall astonishes and stuns him as much as it alarms and appalls the public. seemed to him almost insurmountable. In his surprise there is something of that which the youth feels when for the first time he has tasted illicit pleasures. pity. the preparation and the tion of the criminal agent. The idea of. and this is one of them. he compels himself thenceforth to prove to himself that they are strangers to him. Shall he plunge into Up to the last minute he is still in doubt. He is astonished when he finally does escape from his delirious obsession. He tells himself that he has become a new man. He feels himself at one and the same time strangely freed and lost. to be placed psychologically. He is or shall he not? astonished at having so easily overcome everything which but honor.

themselves. by virtue of our principles. such as the one which Tropmann drew of one of his crimes. the way similar to the mountaineer or the inhabitant of sparsely populated countries. it has been possible to say with a certain depth of meaning still that he experiences "remorse before the crime. in believing himself to be heterogeneous. This idea. he becomes indifferent to his friends and to his acquaintances and is no longer in sympathy with anybody excepting his nearest relatives and his brethren in wrongdoing. absolute division from the multitude. Whoever has in his memory some very prominent recollection which he knows does not exist in the memory of his fellow-citizens nurtures within himself a growing faith in his strangeness. and not afterwards. in his real isolation as theirs does in The withering of the heart. self. the fact of its not taking place would be abnormal. the lover. the criminal ought to believe himself to be irresponsible. in proportion as they progress in this feeling of For. afterwards this is not — . the general after the artist and the after his masterpiece. the artist. and the conqueror are The lover. The harder the tongue of the bell is struck. the lack of feeling with regard to that multitude from this. with pride. There is nothing of the nature of an illness in this tjTanny. and Dostoievsky has not failed to reveal this trait. follow as a consequence of little by little. whose self-esteem expands their imagined isolation. in this inventor. even the inventor. but it is ever roving and turning about the horizon of his mind. The criminal is a great dreamer. A murder is for the man who has committed it a fixed idea similar to the idea of genius in the case of the inventor. He dreams. the more does it vibrate and repeat itself within the conscience. the poet. like the lover after the conquest. like the low sun of the polar regions. the more striking a sensation has been. no doubt. victory. Thus is his laziness accounted for. even before he has been found out. and similar to the image of a woman in the case of the lover. Also. whom There they isolate also follows.'^ men as being like himMoreover. the more prolonged will be the vibrations of the bell. This incessant preoccupation betrays itself by a thousand indications. by drawings. This is the case with the murderer. it is perfectly normal. is not always present in the very centre of the consciousness. and very soon in his superiority. It is the characteristic of the dreamer of every kind. often by means of Before the crime he looked upon other so. a lack of remorse.262 THE CRIMINAL He [§53 swells the effect of increasing his conceit and his egoism.

capable of every heinous crime. with the morbid swelling of self-esteem and the hardening of the heart which follow it. we say that the fault with society. or even because of an exalted passion. Again. which to force is all too ready to repel the one who is falls him of to seek shelter in the company of the depraved. cuts off the guilty man from the honest multitude. is The thus a man to the repetition of crime more fatal than the tendency to an amorous. melomania. and even by sleep assassin who was going to be set free known only to oneself. because of an infrequent depravity. even before the latter shall have cursed or even blamed him. and which was overheard by the keeper of his prison. as long as the fault remains hidden. of all the actions of our past life. the more dangerous he is. complete his ruin.^ Ordinarily. and. make of a notary's clerk a perpetual the same way a first theft committed at the is age of thirty-four Lacenaire. also the action have the greatest tendency to reproduce propensity which drives a fatal one. crime is the one which is the most which must must be repeated the most in imagination. sufficient to But why? It is change a brave officer into a not merely because of that disturb- ance of the imagination which I have just been dealing with. made it possible to question some purpose. Again. to erotomania. is sufficient to And in make of an honest woman a Messalina. to disconcert him. The more a man feels or thinks himself to be separated from his fellow men because of a fall. I knew of an for lack of proof when a word him to which he had spoken while dreaming. we account for the sudden downfall produced by the first step along the path of vice or crime by saying that a taste for the forbidden fruit or the taste for blood has awakened lies vicious or precocious instincts. still itself in reality. as a consequence. because it it is energetic.§ 53] PSYCHOLOGY AND THE CRIMINAL by compromising words wherein is still 263 revealed the tattooing. even more than courtesans. If the prostitutes of our sex are. or poetic repetition. One error is sufficient to one poem versifier. and metromania. and But in speaking thus we forget the essential thing. and to obtain his confession. This imaginary division. which the verdict which the internal jury. Thus. artistic. or even an assumption of it. or is necessity of saying the thing which by silence also." . an echo of outside opinion. their degradation is by means it is because the feeling of especially intense and deep within them. this ditch which the conscience of the sinner digs between honest people and himself ' See Carliers "Deux prostitutions. and dreams.

The new Italian school repeats and to punish the reality to satiety that to study known the entity ' known it is as the crime. and of their forced communication herd which they disdain or curse. Perhaps this which causes Emile Gautier ("Archives de I'AnthropoIogie criminelle. [§53 against capable of being But. inevitably. and disparaging itself even more when it is disparaged. is touched by a ray of fame and at once sees the pedestal which he is erecting for himself grow a thousand cubits. is far from being sufficiently great to place any obstacle it is in the way of its responsibility. both the artist and the criminal furnish the proof of their close similarity in spite of everything. which is rather a revelation of a disturbing nature. We important and not see at present with what as the criminal. the criminal the result of his own crime just as much is as his crime is his own work. after having been the only one to be aware of his talents.264 is THE CRIMINAL filled in. it cannot help admiring itself even more when it is praised. do prisoners resemble one another. type. and deepened by being revealed same way that his evil nature. which is only another means of reflecting still while repelling it. the common "myself" often compels it itself to give back to the honest multitude contempt for contempt. on the other hand. had become accentuated A woman whose one fault is made public is lost forever. but in an opposite way." 1888) to say that there exists a 'penitentiary type rather than a criminal In their physiognomy especially. only. just as in the case of condemnation. the "myself" reflects the opinions of others within its obscure chamber. almost. It is none the less true that. accomplishes that which a life of crime had outlined. and. in being itself because of the crime. In the case of fame. It is because the prison life. he cuts himself off still more in his own eyes. in the and fixed. the gulf within him becomes revealed to to the outside world. singularly widened is Inevitably. when prosecution him has taken place.^ Excommunicated everybody's eyes by this justice. as an artist or poet who. the criminal in partially the result of criminal justice. and when he has been condemned. Thus the "myself" remains sufficiently similar to society to retain its responsibility towards it. according to him. as we have seen above. because of the opinion that they hold as to their separation from surrounding society and as to their dissimilarity to it and their independence with regard to it. the psychological recasting of the malefactor and the feeling of his being transplanted into another environment. with its twofold irresistible influence of disciplinary routine and reciprocal corruption. . this latter attitude of with that self-esteem being unnatural. its alienation within itself. also.

But when from childliood a man has accustomed himself to committing larcenies which are at first insignificant and then become progressively more important. accept this opinion. in conformity with Marro's analysis. the classification of delinquents. in psychology.§54] restrictions CLASSIFICATION OF CRIMINALS we ought to we 265 was not without some reason or. there have resulted many attempts at a distinction between insane criminals. From this. and should be more severely punished than a petty habitual malefactor. etc. § 54. or by side individuals this time. the bases for a rational division have been sought for in physiology. two categories of guilty men by dealing out to assassins and to recidivists who are misdemeanants the same fate in the colonies is petrator of a great crime. perceive the easy and complete reconciliation of the opposite points of view. The classification of criminals thing else. at the most. as we have seen. or. criminals by reason of passion. pathological character of the anomalies of their skulls or bodies. the more serious the crime that has been carried out. I am astonished that no one has suggested a division based upon dolichocephalous or brachycephalous malefactors. upon the atavistic. criminals because of their temperament. they permit of our applying very simple elements of solution to one of the most discussed but least settled problems of the new school will of penal law. even though an injustice (I) which is based upon a mistake. Up to no doubt by virtue of that implied principle that similarities in vital order are the only ones that are important. and he has never ceased to feel those To confuse these close ties that he has with surrounding society. the more honest has the consciousness in which it has burst forth remained up to that time. rather. The thing to do is to divide the latter into natural categories which will group side who are truly similar to one another. this violent shaking up of his personality has been avoided. in mental pathology. We also understand it why the per- be committed by accident. and that the old school in taking the opposite point of view. But can one imagine a penitentiary establishment which would . and that they relegate to the background those of a social order. If The rural criminal the foregoing considerations and views are correct. should be psychological above everyand the urban criminal. the deeper and the more terrible is the revolutionary crisis within the "myself" which is the consequence of it. or. atyptic. In fact. has from this time on become more dangerous.

for which the penalty is. rank together the delinquents who are really similar to one another. neither corporal nor disgraceful. ^ we must adhere duration according to the code. far less perverse than the majority of persons who are condemned for misdemeanors. in order to and surroundings. But we must not forget that at the same time it is necessary not to place together offenses which are too dissimilar. even though they should be subdivided according to the nature of their passion or their temperament without at the same time taking into account distinctions of class. The best received of the distinctions put forth consisted in dividing malefactors into criminals because of opportunity and criminals because of habit. however. are arrested who whole lives for their first offense. let us then begin by accepting that rather clear cut separation which in every period and in every country divides in half the multitude "Felons condemned to a corporal and disgraceful punishment. But what criminal is not a criminal because of opportunity. however. of class. and what crime that takes place accidentally has not ordinarily a tendency to become repeated because of habit." delits et les peines. start The latter present same time a greater danger and a from a lesser perversity. Leaving to one side delinquents who are more or less insane. it is to the resemblances of the social that is to say. of which the is at least five years and at the most ten years. for.) . The plastic clay of our natural innate qualities being only a material whose modeled by the life. for the perpetrators of the most monstrous and condemned for the duration of their have scarcely leisure to recur to crime. swindlers. and petty thieves. as all those who have experience of prisons know. with whom we are not concerned. they are not in the least crimes. In this the social point of view already in a vague way begins to come to light. the mixing in each compartment would the delinquents through passion and the de- not be linquents through temperament were lodged together pell-mell. are as a general thing. if there be no opposition offered to it? If by criminals because of opportunity we are to understand the less dangerous criminals. social world. — horn malefactors at the — are not the great criminals." by Acollas.^ We ought to form that is different point of view. most 'perverted. and who are only condemned (" Les to an imprisonment whose term varies from a year and a day to five years. The most incorrigible and the most perverse recidivists understand. the truth will scarcely correspond to this hypothesis.266 divide THE CRIMINAL up the prisoners less if all [§54 into dolichocephalics and brachycephalics all To tell the truth. profession. being as a general thing pickpockets. profession. and rural or urban surroundings.

let us classify murderers and violated. is — one is so faithful and traditions. but of professions — professions they are opposed in so to customs many characteristics. It is the contrast between two groups and populations. and on the other hand. refinements. industrial and mercantile professions and urban populations. — thieves who are sentenced in police courts. an important contrast strikes us. from which he expected. let us beware of exaggerating the importance of this distinction which our statistics have abused. to trades which are recruited very often by means of heredity. Our statisticians. for. there can be no question of a subdivision of prisoners into as many classes as there are various trades. difference is — that recruited a thing which takes place in the country. which is what happens in towns. thieves in the broad sense of the word. merely translate this real and ever living duality into an abstract symmetry. in drawing a distinction between crimes against persons and crimes against property. it is one which deserves to be taken into consideration. the other to the influence of strangers. as we have just applied it. Furthermore. the other is so open to infatuation and novelties. This much having been said. or even at the assizes. and on the other hand. one is so violent in its coarseness. one so submissive to the example of its domestic or patriotic ancestors. on the one hand. and the distinction between them is rather vague. — only a supplementing of his resources which was entirely secondary. mean let gory to which they belong. us classify them according to the social cateIt seems difficult here to establish be it understood. At the present time one of two things must have happened. These two groups are surely jointly and severally responsible for each other. agricultural and rural populations. the other so depraved in its we cannot possibly confuse them. the condemned lived by means of an honest trade apart from his offense. The such that the word "profession" is amphibological when applied at one and the same time.§ 54] CLASSIFICATION OF CRIMINALS 267 which they have on the one hand. precise limits. and to trades ordinarily by means of a free choice. and because of the greater part which it has always and everywhere played in our societies. At the same time. like the majority of First. of criminals according to the nature of the rights and thieves separately according to the nature of their occupation of their habitual life before they are condemned. What I to say is. we have murderers or violent aggressors. .

if one wishes to avoid every heterogeneous mingling together. The criminal of the town. of secondary importance. it seems to me essential to establish between the rural criminal and the urban criminal a distinction which is analogous to the preceding one. the best thing equals. but. what must we expect from their coming in contact interest in their former work will establish a relation which may be salutary. Common between fellow prisoners but when among convicts of various social classes the only characteristic they have in common is their offense. just as the criminal of the not complete until he has succeeded in associating himself with men similar to himself under conditions which are. mingled with assassins from the large towns which angered Lauvergne in the convict prison of Toulon. because he is to class him with his and they cannot make each other worse. as the pieces of a snake which has been cut seek to unite again. horse stealing in the Spanish mountains. He always has a tendency fields. with one another? is that the prisoner had as his only or picking some specialty in the nature of an offense. which his sociological equals. and that terrible pell-mell of Corsican brigands. also. (II) Rural brigandage in Corsica and in Sicily. if it THE CRIMINAL was a question of blows [^55 injuries or and physical murder for vengeance. The other alternative principal trade — the assassination of wealthy prostitutes. to see that there are two sorts of brigandage: brigandage such — — . is but with which of more importance. § 55. expected absolutely nothing. if in this case. it is not difficult sary. not with his physiological equals. passing counterfeit coin. is called brigandage. The rural police and the urban poUce. classify In this case we will the rural convicts or urban convicts. To really feel the necessity of this distinction it is a to look upon its two terms in their good thing most perfect and highly organized form. pockets. moreover. That professional partnership which consists in killing in order to rob. stealing by means of false keys. one wishes this to be so. Its characteristics. favorable to his liberty. or in robbing by means often followed by the deed of terrorizing by threats of death or in stealing with the determination to kill if it be necesitself Starting with this. Now. is towards this sort of completeness. him according to Thus he liis origin among will live is with his equals.268 and. stealing flocks ("abigeato") in Sicily. for example. etc.

in Sicily. the sea rover is only a very remarkable and peculiar variety of the rural brigand.^55] RURAL BRIGANDAGE is still ^ 269 as has been practiced or practiced in the majority of the in Italy. is that between brigandage on land and on sea. and Corsica. Spain. malignant eruptions. ^ In many countries. the intensity. identical with that of the rural brigand and the urban brigand. or because of his immoderate appetite for pleasures. which is founded upon the wholly physical difference between continents and seas. the brigand of the mountains can be contrasted with the brigand of the plains or of the sea coast. which compels the criminal to modify his proceedings as a consequence. by the loss of his fortune. This latter distinction. The intensity and the tenacity of resentment. to his final downfall as a professional criminal. or chance. the great number of vices and the covetousness of the latter have been the force behind the criminal impulse. hatred or ambition in the case of the former. and that brigandage." as happens in Corsica. more vicious than ambitious. after all. with which he has been inoculated by civilization. who is more often vain than proud. as happens in Sicily or Calabria. comparatively speaking. But the cupidity of the rural brigand has its object only the satisfying of simple needs it is linked rather more with conceit than with vanity. that is to say. Less important in reality. the plains and the sea coast being in those countries the centres of civilization. uncultivated or mountainous countries Hungary. the urban brigand. does not in the least establish a great social inequality between the bandit of Calabria and the pirate of the Mediterranean. In fact. . with the taste for the power exercised by terrorism over the stricken minds of the populace. but no less dangerous. Greece. less romantic. With as . is the common source of these two . but this contrast is. at the expense of someone else. by a homicide carried out in a "vendetta. which has been dissipated in debauchery. and that the desire to live and to become rich by means other than work. The rural brigand has most often been led to his existence apart from his feUow-men. talent. although more striking in appearance. only aspires to gratify his desire for luxuries and orgies. than the distinction between urban and rural brigandage. or because of a feeling of revolt against actual social oppressions. the latter is increasing. There was a time when towns. The former is on the decline. for example. which is rife in our big towns. in our time. The urban brigand. ^ I know quite well that these are two manifestations of the same social malady. on the contrary. sought the inaccessible heights and not the shores of the sea. through some indiscretion of his youth.

if not more harm. or in modern times. and its arsenals. Why is this so? No doubt because the need of security in the case of land routes. The seas are a neutral territory. in our towns. which are constantly in use and an absolute necessity. it was possible completely to exterminate it. the fight between a merchantman and a pirate ship has rather the character of ordinary warfare. the pilgrims preferred to take the route by land to go to Jerusalem rather than the route by sea. mountain brigandage. whereas. can never be radically destroyed. yet. tains have been in a great measure purged of their pirates. The Corsairs do a great deal of harm.270 regard to this THE CRIMINAL [^55 it must be remarked that brigandage on land existed brigandage on the sea and survived it. But having said this. when in the eleventh century. its ports. were driven back. because of its equipment. long after the mounupon our coasts. to do away with its fleets. as a general thing. for example. on account of the pirates. even with the best police force in the world. or in the Middle Ages. when Pompey was compelled to lead a regular expedition against the Corsairs. no king and no State is personally and — — — exclusively interested in establishing security for voyagers. but they arouse less indignation because. and the and one which the navigators have no right to complain of to anyone. At the present time piracy has ceased in our European and yet there are still bands of malefactors in our country However. Also. and. we have seen the prosperity of and continue after the criminal associations on the continent piracy waters. and from this arises that warlike aspect which maritime commerce retained after it had been lost by land commerce. or is said to have before survived it. On the contrary. as much. than the brigands of the mountains. when up to the eighteenth century the maritime plunderers of Tunis and Algiers captured women and children always and everywhere. an international one. they are of another nationality and of a different religion and a different social species from their victims. the seas still remain infested with theirs. when finally they did decide to take the costly measures necessary to make war upon piracy. whether in olden times. let us return to our previous distinction and continue to justify it. the mountain brigands and their victims are generally speaking fellow-countrymen and of the same religion. made itself felt long before the need of securing communication by sea. There is also a deeper reason than this. which is much more simple and easy to hide. attacks of the Corsairs are looked upon as a professional risk. — .

but above all else it was among the outlaws. for RURAL BRIGANDAGE 271 One begins type of which does not disgrace anybody. "CrimiKocher and Paoli. as do at the present time pickpockets.^ by becoming a bandit. forcibly. pretended laborers out of work.^55] Let us see. and his life thenceforth is passed wandering in this desert." (Lyons. as one text says. it is At other times to escape the humiliation of his fate. among the vagabonds and the beggars of that period. which could be hunted. . Now. alone or accompanied by his relatives. plunges into the woods. suffering from hunger and thirst." ^ make for himself a better social position. and something to to live on. "so long as he does not become a brigand. and those suspicious minstrels who infested the roads at that time." says Paul Bourde. Such were the men who had become but were not born perverse." and against whom it seemed necessary to decree a true law of suspects. how were these terrible corporations recruited? It was. In end one holds him for ransom in order all times the same causes have pro- duced the same effects. in the eye of the law he was nothing more than a wolf's head. the bandit keeps people's sympathy. his gun slung over his shoulder. statutes of Edward I and Edward III show us that there existed in the thirteenth and fourteenth centuries true organized bands of brigands. There exists an aristocracy of crime in those countries of traditional "vendetta" or "maffia. Bournet. But often he does become a brigand. that the Corsican or the Sicilian becomes a brigand. after having revenged himself. in order to escape the rural police. so one begins by holding the traveler for ransom in order to have example. in he thinks. for example. The Ufe of a bandit is there a life recognized by everybody. In England. those sellers of false relics. "Notes sur Rocchini et causes de la criminalite en Corse. One must eat and drink in these waste places. Storck). Consult the "Archives de I'Anthropologie criminelle. Now. and peddlers. even the authorities." 1888. as nalite en Corse". and from whom the great revolt of 1381 recruited order to its soldiers. in the make one's fortune. no doubt. A Corsican. who are called "Wastours" or "Robertsmen. sleeping with one eye open under the stars or in a cave. how one becomes a brigand in Corsica. than that of the class in which he was born. The peasant sentenced for the very slightest of misdeeds took to flight. among those sham pilgrims and sham preaching friars. by this very fact he became an outlaw. who nourished English brigandage.

that are committed in Paris. of experienced masters. what takes place among children by their parents. which is endlessly renewed in our capitals. cannot resist the temptation to carry out his exploit in order to obtain the consideration that immeasurable conceit which is the His ambition is soon to become a "capo-banda. a peasant treated in a lofty manner by the steward of a little many great landowner. is sometimes sufficient to plunge a civilized Frenchman into a loss of class. an apprenticeship begun at an early period under the eyes his conceit requires. in his interesting monograph upon the " Maffia. speaking their maternal and unchanging When one has seen the number dialect in the Corsican mountains. vagabondage under various forms. speaking their slang. 2 "En Corse. of burglary and robberies by armed men. — either after having revenged themselves. what the bandit's life is to the caves of assassins and robbers. we should not be surprised to — find the increase of nocturnal attacks. Marseilles. this is who have been deserted or not very well watched over — — of bandits increased for the last tw^enty years in the District of Sartene^ by those individuals who." says Franchetti. nor lodging. that jungle of civilization. or to escape the live like vagabonds. the urban equivalent of bandit life. by some financial catastrophy. and the terror It is not so easy to become an of those who used to scorn him. with neither fire vengeance of an enemy." from which have to borrow much more information. an earlier preparation is needed. in other words. 1 we shall .^ Also. where it is accounted a duty owed Cited by yl/onyi. They are. However. Thus. urban brigand. Alongi is a Sicilian. it is not astonishing to see the holding-up of carriages on the highroads In the same way. and his judicial duties have enabled him to obtain an intimate knowledge of the special customs of the great criminal class which he describes with a great deal of insight. and Lyons and the majority of the large cities. a despair caused by the consequences of debauchery or gambling.272 " The to THE CRIMINAL [^55 way to inspire respect in a great part of Sicily is to be reputed have committed some homicide. to the low cafes of assassins and robbers. — that characteristic of the inliabitants of this island. the uninterrupted increase of the offense of vagabondage and mendicancy and of child desertion. As a general thing." by Paul Bourde. his neighbor. desertion of children and loss of are class. in the woods and beyond the pale of the law. It is not less true that one must be careful not to confuse murder inspired by vengeance. or in order to revenge themselves. when we find our statistics revealing increase." head of the band.

without mentioning the heroic and legendary suicides of a Codrus and a Decius. This is like defending oneself against a mortal attack. the in the old usages. Between customary homicide. 1888. and the Hindu suicide. not because it is the most southern portion. and mix them up together solidarity has as our statisticians its Where the family preserved primitive avenge a dead relative is to defend the family which is still alive. which is due to devotion. and other assassinations were imminent. one Nicoli killed one Pietri who was presiding over the bureau. Thus it is that Chinese or Japanese suicide. whether one call it "vendetta" or duel (the "vendetta" being in the last analysis. But. Three of the Nicoli and one of the Pietri were successively killed. This seems to me to be obvious. and the physical type as well."^ The Prefect and a Deputy intervened. similar to a diplomatic document of the same kind. About twenty of the members of both families had taken to the country. which is due to vengeance or animosity. The same thing applies — . as only two of the Pietri had been killed. as has been very well said. to * This is most firmly rooted but because it to the south of Sicily. to a man's honor. of the Troglodyte brigand should differ strangely from that of the miscreant of Paris or London? "A priori. although the Ibilian criminologists have not been able to resist a desire even here to make the influence of climate and latitude play the most important part. and the two families were made to sign a veritable treaty of peace. and the excuse drawn from the "vendetta" is really not without some relation to that of lawful defense. and other executions took place from time to time. which is due to stoicism or sometimes to Epicureanism. at San Gavino of Garbini. which is due to despair or madness. in truth. the Nicoli thought it was only just to break the treaty in order to carry out their revenge. "With regard to a contested ballot at the elections of January 13." force. and for the same reason. and also the most backward. A 'vendetta' followed between the two families. to that of our assassins in Paris. and the Roman suicide. "only an American duel prolonged for many years") and criminal homicide there is no similarity excepting their name. as was fitting. A third Pietri was killed. with as great a distance between Can one do? liken this type of criminality. Is it necessary to say that the moral type.^55] RURAL BRIGANDAGE 273 murder inspired by cupidity. and there is them in primitive countries as there is between adultery or Hbertinage and robbery in the more advanced countries. is the furthest removed from the Continent. have nothing in common with our suicide. the southern portion of Corsica.

The number of homicides by order is incalculable in the Middle Ages. but with a simplicity of action which is in others a of the member body strong contrast with the elaborate tricks of his town rival. in olden times. and even more in the sixteenth century during our frightful religious wars. On other occasions. treating with him as one power treats with another. he recognizes the division of labor. but he is destined to see his importance grow. days. and clothing. is it not among the most primitive and least civilized criminals that one should expect to see of it flourish. and it is of these I mean to speak. perhaps to such a point that he will one day eclipse his contemporary of the Sierras and the Apennines. on his part. A strange thing. but only a special laconism and a insignia. the rough brigand has a much more conspicuous position than the subtle brigand. Their manner of living The former is picturesque in an entirely is no less dissimilar. way from the latter. The other. as we have said. he has played a historic part. The Sicilian "maffiosi " had formerly a traditional uniform. and a velvet jacket. for. whereas the rural brigand. if slang should be a phenomenon of atavism. . specialties. up to this time has only been associated with a few conspirators. they negotiated with him. A proHe has his gressive man. It is with regret that they have had to give up this compromising They have no slang. like the village workman. parenthetically. Moreover. in the annals of all peoples. he has his particular kind of costume. kings and emperors have not been afraid to have dealings with him^ and to depend upon him. as we shall see. But ^ great in these cases the rulers and the republics employed a criminal as a useful instru- ment. not in rocky chasms. of which they were as proud as our officers are of their epaulets. a "beret" (flat cap) with a great silken tuft. that he holds his secret meetings. The ambitious novices have as yet only dared to A statement has been found of the sums paid by the Council of Ten to a number of bravos as fees for assassinations ordered by the Council. which is just the opposite what we actually find? By of these characteristics and many suburban criminals contrasts with He uses a distinct his colleagues of the mountains and the deserts. I cannot tell. idiom composed of scrapings of languages. Far from seeking to disguise himdifferent at least for his show self. is compelled to do a little of everything at one and the same time. according to this hypothesis. for example.274 THE CRIMINAL [^55 one can affirm this with entire certainty. — characteristic accent. and especially in Italy. and he conceals himself under a great variety of disguises or under the most commonplace It is in low cafes and restaurants. King Ferdinand of Naples during the French Revolution.

just as half of the power of the mountain brigand has sometimes consisted in the fear which the mere sight of his costume fear inspired. Taken from its own sphere. however." the distinction between the rural police under various names and the urban police has for a long time come about naturally. a terra!') of a mere vagabond is a remarkable thing. is the legendary and traditional is wrapped up in this. like the brigand mountains and the woods. As to the police spy. his only care is not to show himself wearing any distinctive badge. and especially in individual initiative It is and personal power like of imagination. who is to be recognized by his uniform. will throw themselves face down upon the ground at the first traditional command ('Giorgio. each of these bodies of men would be ridiculous in its impotence. "The promptness and the invariable obedience with which six or seven persons. and. as "naturam morborum ostendunt remedia. the mere sound of his to the established formulae. as astute and versatile as his quarry. be sure that they will never call upon modern crime to assist them." says Alongi. we cannot. In the same way one has noticed a hundred times the magical effect produced upon a rebellious crowd by the appearance of two mounted rural man. his prestige police. permissible for the rural policeman. Half of the strength of the rural policeman is in the traditional which is connected with his three-cornered hat and his shoulder belt. one must believe that the urban criminal — — is singularly superior to the rural criminal in shrewdness. in order that it may exactly correspond to the two forms of rural and urban brigandage. in skill. of the commands and his threats according The rural policeman. crime is ever ready to take back its old power. It has been claimed that every hunter finally comes to resemble his game to a certain extent. the fisherman. Imagine the finest brigade of the Corsican rural police transported to Paris and charged ^dth carrying on the duties of a brigade of the agents and vice versa. even when they are armed. and at the slightest disturbance of the dikes that keep it within bounds it threatens to overflow. in flexibility. to use means of investigation which are always . sometimes in disguise. of public safety. who must not be confused with the mere guardian of the peace. It has been necessary to combat it by instituting bodies of men which are at the same time contrary to and like these mysterious associations. If this is so. Moreover.^55] RURAL BRIGANDAGE 275 depend upon modern vices. he goes everywhere dressed like everybody else.

this consolidation of progress by a return to broader tradition. . the horse police. of the inexhaustible fertility of his imagination. — — — — taking place. because we know that hke population. the organization of the rural police.AX [^55 the same. there are still many prosperous days left for crime. and. emigrates from the country into the cities at the present time. The urban police was only really formed in France by de Sartine. somewhat as the sea swallows up the rivers. exercised the functions of a provost. or. of new imitations." until finally a time which has not yet come for us the latter absorbs and assimilates those currents of example which in their turn have become traditional. principally ^ The differentiation of the rural police in the long run. which have just caused to break forth in the heart of cities a hundred springs of new example. about the middle of the eighteenth century. for instance.276 THE CRIMIN. the better does he fulfil But the good detective is only worth while because his mission. they are always successful because they are opposed to manoeuvres which never vary. which have quickly become streams and rivers of wealth. imder Louis XI.' This quite natural. trades are being recruited in a more liberal and less hereditary manner. is — is work which tends every day relatively upon the decline. if I may be permitted thus to name that imitation which is connected with new examples. this movement of urban emigration. just same time as they are renewing their equipment of tools. the horse police under the old French system). As a general thing. denotes an unusual rush of inventions and new ideas. at least in so far as he is an auxiliary of criminal — for it to his other duties a quantity of administrative to supersede the former more and more. The part played by the town policeman has not ceased justice. While awaiting this inevitable abatement of the fever of progress. and often in choosing their personnel give the preference and the urban police is only developed but it always takes place. against the peasants. which is an intermittent phenomenon of societies. which are excellent. to grow joins during our time. whereas that played by the rural policeman. The " imitation-Jashion" then. the more he conforms in this to his regular habits. whether they be spontaneously brought forth or imported from outside. the prestige of novelty has been substituted for that of age. each day makes greater gaps in the "imitation-custom. just as rural development precedes urban development. or of a body which fulfils its function (as. if you will. upon condition that it shall be altered in the same way as the general alterations that are criminality. Just as in as at the all all industries and in every path of art and thought. precedes the organization of the urban police.

few examples are necessary if one wishes to verify the accuAs we have been speaking of Sicily. etc." . In other words. such bodies of its victims or disfiguring them of intimidation or plunder. Similarly. the assassin became a member the camorra). and instruments are as varied as § members. ^ A naturalists. A band of Corsican brigands was only opened with great difficulty to any other men but Corsicans. now adopting new methods. of the camorra that very night. it is the memoirs of prefects of police or magistrates 1 Bournet (" La Criminalite en France et en Italic. 56. much. being magistrates or functionaries raised up from the rank and file of the police. a sufficient amount of observation of him when free and at work has not been made. we will set forth in a few words some specimens of urban crime. "lettera di scrocco" (swindling letters). But a of every band its of the Parisian it is vagabonds welcomes the scamps its country. sequestration of per- sons (in order to get a ransom from the captive). we witnessed the assassination of a detective by a 'piccioto' (an aspirant to Acclaimed by the whole crowd. Leroy teaches us more about animals which he has hunted than many indoor racy of these remarks. but the least tale of an African hunter will better teach the common mortal as to the nature of this splendid beast. and a great banquet was tendered him. belongs to the fatherland of Theocritus. in the Borgo Loreto. a band of Sicilian brigands has from time immemorial made use of the same ways as the cutting vitriol. stay at Naples. the Sicilian Maffia. in the same way by up of the and shows itself more hospitable to every recruit.§56] THE SICILIAN MAFFIA the criminal profession is 277 to a stranger rather than to a fellow-countryman. We shall here and there rely upon information furnished by writers who. "abigeato" (stealing of cattle in the fields). let us make known its "maffia" rather than the Neapolitan "camorra" which has already become far too citified to serve as a good exWith regard to that criminality which ample of rural crime. The anatomy and the cranial measurements of the lion may interest a naturalist. essentially cosmopolitan as well as progressive." 1884) very rightly compares He adds: "During our the camorra of Naples to the high class thieves of Paris. have learned to know while they hunted them out the malefactors The criminal in prison has been studied too of their country. One who has only seen the lion and the fox in a menagerie knows little about them. (lU) Continuation. it is becoming less and less rural and more and more urban. where the members of the camorra are numerous.

does not imitate another madman. or robbing the intoxicated. indeed. which. a habit which is simply physiological and not in the least psychological. or anybody else. ceding distinction of criminals and you will not succeed. There may exist vague resemblances between acts of madness committed by different madmen. — previous strange and similar doings. more or less consciously. The pickpocket. call this identical repetition habit. it is quite certain that there is no such thing as customary and traditional madness. from day to day and from month to month the same extravagances obeys an organic impulse. strictly speaking. more often than not without the slightest recollection of his same individual if repeated. whence arises the duality of the crime because of custom and the crime because of It is fashion. The criminal always imitates somebody. and each time he profits by the experience acquired by his comrades and by himself. when he uses in combination imitations obtained from various sources. that is to say. manifestation of mental alienation individuals. the preponderance of same region and and the historical same period. He always needs to be encouraged by the example and approval of a group of men. even when he originates. but it has nothing in common with the habit of picking pockets for example. is always less is never the result of imitation. classify than in crimes of Also. The madman. One may. The lunatic w^ho reproduces from hour to hour. at the same time as he. attempt to the insane into two categories corresponding to our premoreover. but this similarity. imitates others. imitates liimself as each new theft takes place. and that he a member of society.278 THE CRIMINAL [§56 charged wnth the repression of ofiPenses that one must read in order really to know the delinquent. whether it be a group of ancestors or a group of comrades. precisely in this respect that the criminal is is a social is being. At any rate. and that as such he responsible. the same kind. on the other hand. for to give this name to religious hallucinations and cases of persons possessed . employed by malefactors by means of the local the "social factors" in the production of the offense and the delinquent. more or less consciously. Then it is that we perceive by means of the color of the similarity of the processes of the color which distinguish the criminal fauna adapted to each locality and to each time. although in the is The the thing most varied in it may be identically one wishes to. if one can say. that there is such a thing as habitual madness.

this fact. The latter. the term contagion. political circumstances. firm." that keen freemasonry. applicable. The former. Let us not be astonished at this. which one. reassuring. metaphorically speaking. require the physical coming together of the subjects by the passing of the scourge. and is today an exceptional Corsica as well as Sicily. but on a larger scale. which consist of imitations. peaceful or closed this parenthesis. may teach us as to our past. have developed in both islands "per fas et nefas. shutting exchange of examples of every sort? 1 And cannot one thus account The alienist criminologists thought they could liken the distinction between madness consisting of attacks and madness that is chronic to the distinction between criminality because of opportunity and criminality because of habit. of solidarity preserved by the Mediterranean for our instruction. is it not in the same proportion as that in which the various peoples became like one another through the continual nent. in Sicily what the clan spirit is The members of the same clan conspire together with a view to obtaining possession. which brings to mind contact. which are pathological phe- nomena It is before everything. is not. no matter which. was universal at one time. often take place among individuals at great distances from one another. It seems to me that I am right also in seeing in this a confirmation of certain particular views with regard to imitation. remains of the Middle Ages carefully power. seal) hands upon the "sugillo" (mayor's and to carry out for their own advantage every possible annoyance against the adverse clan. . of to place their all the electoral functions. to liken the intermittent epidemics of madness to the criminal contagions which are spread at certain dates as a fashion of the day. Did not the clan spirit rule formerly upon the Contiup each small town and each feudal jurisdiction within itself? If it has been gradually replaced by a wider consciousness. by every lawful or fraudulent. that need wherein the member obtains the security which he cannot find anywhere else. bloodthirsty means. for example. the prolonged absence of the central and just.^ generally within the narrow and shut-in confines of a are affected flourish. The "maffiosi" pursue the same object against Analogous all those who do not form a part of their association. who convent that one has seen the latter The maffia is Having in Corsica. let us return. would be the same as to take the changing and entirely superficial reflection of a piece of material for its It would not be any more correct actual and permanent color.§56] THE SICILL\N MAFFIA 279 by demons. But the analogy is here nothing more than apparent and is not supported.

an effect of atavistic maffia came to be developed? heredity.^ "All these people. "are sober. Must we see in the Sicilian brigand a horn criminal ? The Prefect of Messina will answer us. "for. on the contrary. playing the part of rural policemen. We have seen and we still see municipal councils voting annuities to bandits who are members dominant And. It is the same thing in Sicily. but the maflBa makes use of it and fosters it. Corsica movement and Sicily have kept the of their original exclusive- ness and the inhospitable narrowness is moral sense." whose hired assassins they are. where leisure and education flourished. the private vengeances.280 THE CRIlVnNAL remained strangers to [§56 this incessant for the fact that. one obtains justice. of a gentle nature. We have seen in these last few years a band compel a mayor of the District of Sartene to set right his relations with his former mistress whom he refused to marry. Through him. the assassin seems like a sort of administrator of justice. "from Don Peppino to Reggio and from Don Pasquale to Raia. if we think that born delinquents are in a minority. brigandage is only one of the manifestations." have sprung from the peasant class. a partisan of Lombroso and of the theory of the criminal by such admissions as this to escape him How are we to account for the fact. Alongi allows : — . to it. very respectful to the middle classes." ^ Although he is birth. popular sentiment lends a mission to these nomads who are transfigured into knights-errant. The same are established in Corsica between the clan and the brigands or who belong clan. It is worthy of note that the famous chiefs of brigands. but in the mind and the heart of the peasant. having reciprocity of influences." says he. and it is the strength of relations the maffia just as the bandits of the it is its sustenance. or. in fact. Sicily. prevented a duel from taking place at the gates of Ajaccio. in fact. and the rivalries of a few privileged persons. it better. he says. He concluded very correctly that "the principal cause of the maffia does not lie in the economic condition. this minority must have long since disappeared under the repeated blows of justice. one of the excrescences of the maffia." whereas. that at Palermo. in the historical and moral conditions of his environment. speaking of farmers who have become and would always have shown themselves incapable of committing offenses had they not been compelled to take a part in the dark intrigues. the This cannot be. just as lakes are free from the of the tides. which to our eyes so strange? to put Moreover. In 1886 another band. Here we are concerned with the typical rural brigand. malefactors. for one cannot obtain it in any other way. he repUes. the blood of assassins is the seed from which new scoundrels spring.

. in that golden "conch-shell. The Sicilian does not say mi/ father. he has learned at an early hour to arm himself. just as Corsica for the contempt of Corsicans agricultural agricultural labor) is an essentially country. whichever one chooses to call it. largely. rich or poor. and his knife has no difficulty in finding victims.^ in order that he may rival the upper classes. the mother." ^ This pride. Moreover." in order to raise himself above his station. but it is certain that such a. if he is poor he spontaneously becomes a "maffioso. The victim of a theft in Sicily feels the humiliation of having been duped far more than the actual injiuy that has been done him." "A man lends neither his gun nor his wife. without any reason." he puts on the costume of the brigands. and." says a Sicilian proverb. the Sicilian peasant vain to the highest degree. Shall The "maffiosi" have we say with the social writers that poverty is the social which has driven the Sicilian peasant to turn brigand? cause Alongi begins by admitting it." a marvelously fertile region. as though his were the father and mother par excellence. as their rendezvous the fairs. by reason of ostentation that the Sicilian. each saint. has sweetmeat. .§56] THE SICILIAN MAFFIA (in spite of 281 moreover. but afterwards he finds himself greatly embarrassed to account for the rapid progress made by the maffia under a refined and urban form. or this vanity. like the Corsi(!an. of the smallest village professes the . Still another analogy with Corsica. is and where property off. 1 A Sicilian brigand its special And in sweets also.^ One fine day. the Palermitian adores his Palermo. in Palermo and rich its surroundings. it is true. surrounded by a great assembly of relatives and friends. in festivities and in fine clothing. "The Sicilian loves his island." This exaggeration is '^greater in the interior and the little places. dotted here and there with small villages. Under the brigand the peasant always survives. "Each festival. after a solemn initiation. faith in oneself is one of the primitive mistakes that is most contrary to the ideas of civilization. and one might make a calendar from the various kinds of sweetmeats. he be rich he hastens to ruin himself in luxurious extravagances.' He affects not to admire anything. he goes armed and with his baggage into the camp of the vagabonds. is very is much if split up and the farmer very comfortably is It because. in fa(!t. "disgusted with his tiresome existence." It is rather. may be a source of heroism as well as of crime. Fvvery inhabitant same great love for the four walls within which he was bom and grew up. less among the cultivated classes of Palermo and in the great centres. my mother. but the father. ' — — . "At Palermo and at Bagheria and in the Southern districts the peasant invariably leaves the fields with his mattock under his arm and his gun slung over his shoulder. and when he has been ruined he is compelled to become a "maflaoso". is generous and hospitable to excess.

consequently." A few days later the threat is carried out. his care of with deferential respect until the time decides to when his family an enormous ransom. . but someof carriages. the object of the most bitter envy. the Troglodyte giant. which states laconically. transmitted by heredity. or four thousand "lire.' The possessor of cattle has been looked upon for centuries in the same way flight as a great else to modern capitalist. a third letter comes. he is taken excellency. "Pay or you die." If this letter remains unanswered a second. having been one of the first and most fruitful forms of inventive genius. or the holding-up These methods are not only traditional. The "abigeato" or driving off of vast wandering herds in the immense pastures is a kind of robbery which goes back at least to price of buy him back at the the time of Cacus." and sequestration.282 THE CRIMINAL own canton. domestic animals have for a long time been the best kind of capital and. especially in his "Primitive Institutions." have said above that the methods of procedure employed rural brigands of Sicily are the "lettera di scrocco. the mythological brigand. will bring him back to his birthplace. We by the zione." the let us add to them the "grassaarmed highway robbery. Rome." When one of Attila's sons carrying one or two millions with thief." if his lordship does not wish to have something unpleasant happen to him. who stole the heifers of Hercules. This is called a "lettera di scrocco. three. landed proprietor residing upon his estates one day receives a "abigeato." A great like the crown of a monarch. wherein his most illustrious lordship. [§56 never dies outside of his homesickness. is begged to be kind enough to provide some honest people who are overtaken by misfortune with a little assistance in the shape of two. — that is to say. Finally." In the latter case. From this there result many of the peculiarities of the old law of Ireland. letter is sent. more liable than anyone When a faithless cashier takes to him he is not considered a In primitive times the stealer of domestic animals inspired an analogous "consideration. taken by surprise and carried off in the night to some cave. letter which is as respectful as it could possibly be. We have seen the office of the "capo-banda. times hereditary. common 1 In his profound research in juridical archaeology Sir Henry Sumner Maine has indeed shown this. more urgent. then it is that nobility consists in a wealth of herds. — that is to say. the recalcitrant is either killed or "sequestrated." He there shows us that at the very beginnings of the known races we always find a state characterized by an abundance of land and a scarcity of animals. and the Hindus. The domestication of animals. be robbed. in spite of the greatest dangers.

As an example of an old and traditional form of offense one might cite the counterfeiting of money. in 1888. encamped in the Sierras in the midst of the ruins of a feudal castle. they are sometimes content with taking a pig in passing. "Histoire du brigandage en Italie. for example.have given themselves up from time immemorial to the stealing of horses. I do not mention tlie little bands 1 2 "La of Parisian counterfeiters that arc always crojjping up. in 1878.^ There are tribes. in fact. Until 1840 or 1850 the last bands of malefactors who drew any attention to themselves were of an obviously rural character. If they cannot find these beasts of burden. they spy out horses or mules to be stolen and are very skilful in the art of disguising them after having captured them. the band of "chauffeurs" at the end of the last century. * Our century knows them well. to such a point as to make them unrecognizable by their rightful owners.§ 56] THE little SICILIAN MAFFIA 283 wished to make a countries. it would seem. the caverns of the Pyrenees. the " Vrignault" band." by Duharry. In 1857 the "Graft" band had already industrial elements mingled with it. and brigands from and took possession of a tower called Herta." But this crime savors of civilization and the town. There are. however. kingdom for himself "he gathered together. In Spain the gypsies . Scamares. From then on the famous l)ands have had their headquarters in the great towns. for through the intervention of railways it has given a most decided impulse to the urban transformation of criminality. specially devoted themselves to this kind of pillage." all says Jornandes. even peoples. the brigands of Vienna in 1834." by Gil Maestre. etc. the band of the Bois de Boulogne. in 187<» (one huFidred and fifty members). Criminalidad en Barcelona. at least on the Spanish slope." This audacious type of robbery has very old roots in Italy. One can no longer stop the trains as one could stop the stage-coaches. but tliis is enough proof of the respectable antiquity of this rural offense. "the whole thing accompanied by little sharp and regular taps of hammers." There. "pillaging his neighbors in the same manner as the rural thief. the "Abadie" band. Bands of counterfeiters inhabit. etc. and of having often heard the conversation and the laughter of women. sometimes between the who have four uprights of an old gibbet on which several of their ancestors must have been hanged without doubt for similar misdeeds. he proclaimed himself king of the malefactors who obeyed him. In the thirteenth century in the neighborhood of Florence rich "contadini" (peasants) allied themselves with gentlemen in order to steal their neighbors' pigs. in Paris. transitions between rural brigandage and urban brigandage. "cattle thieves. Gil Maestre tells us of having roamed "for long hours in the night" around their haunts.^ and the maflSa itself is the proof of this. .

^ The chief seeks out a landowner and tells him respectfully that he has a bad that is to say. it is growing urban forms. as we have seen. threatening symbol was frequently made use of by the Holy Vehme and is still made use of by the Corsican bandits.^ and.284 THE CRIMINAL [§57 Under the form that we have just described it has been on the wane since 1877. — the "fratellanza. on the other hand. owing to the energetic repression exercised by the Itahan Government. he finds in his orchard which has been devastated a cross." the "fratuzzi. Already associations of workmen are constantly pledging themselves. or as a transition from one to the other. the last "avation. or. powerful. its more crafty and subtle." the "amoroso. awarding public works or ecclesiastical property which has become secularized. (IV) Urban brigandage. finally is and an institution. from its wild mountain character Influenced by the life of the it has changed to nxere brutahty. They bear alluring names. but under its seacoast it especially fected. including both the fields and the town. that we Circumstances analogous to those which. The working class begins to affiliate with it. so to speak. The landowner yields. may be considered as a synthesis of the two forms of brigandage which we are comparing. sea and the city it has become perhaps still more sanguinary." etc. § 57. In descending from the mountains to the changes its character. but. either impliedly or expressly in their by-laws. disposing of credit. and which a worthy match for the high grade rural brigandage. tar" of the maffia. spreading their nets at one and the same time over agriculture and industry. member for whom a lucrative employment is sought. but in a more ingenious manner than in the past. its organization is being per- implements are being replaced. which centralized. a gamekeeper. have given birth to the maffia in the rural districts of Sicily cause to arise from time to time in the very midst of civilizations in capitals some frightful sect which portrayed a short time ago. causing at their will the rise and fall of the market upon the public square of Palermo. on the other hand. — . to provide a lawyer for every member "who may be accused of an offense " and to support his family during his detenAssociations of criminals have been formed. which. if he resists. and that he must change him and take another. Criminality in Barcelona. a symbolic It is to be noticed that the same threat which he does not need to have repeated. This hybrid form leads raised to the dignity of me to the pure and absolute form of is high grade urban brigandage. ransoming on the one hand landowners.

the faction of the Jacobins at the beginning of the French Revolution. not the burning of a barn or the destruction of a harvest. not to their birthplace that they return to die. but the filling of prisons. The maleactors. and not for the time being it an endemic. and not a custom.§57] terrifies URBAN BRIGANDAGE 285 so much the world. not the "lettera di scrocco. but the burning and pillaging of palaces. ' In ancient history the conspiracy of Catiline showed the same characteristics. the most dangerous of these societies. lists of proscription. When the regular power in a great city suddenly becomes weak or gives way. the most violent of these clubs. Thus broke forth the sect of the " Maillotins. soon absorbs or annihilates all the rest because of its relative strength." but the robbing of the public coffers. detestable malefactors. factors It is a fashion. draws to itself criminal natures that get possession of it. and soon. it is who become but the chiefs of these historic bands are not farmers. . the nihilist conspiracy. unless a man has the courage of — Taine or Maxime du Camp. artisans. shopkeepers." the despoiling of the adversary in innumerable ways." during the anarchy of the Hundred Years War. or. that. the majority of them are foreigners or cosmopolites. and of which even the historian is afraid. not the "abigeato. From thence spring up clubs and secret societies which are seen to multiply. the Commune of Paris in 1871." the "Ecorcheurs" and the "Cabochiens. the shooting and drowning on a large scale. and They are not tied to the place of their birth. so. the decimation of a class by the guillotine and explosions of dynamite. adapting them to the taste of the day with a fertility of imagination which puts to shame the timehonored routine of rural brigands. And they unceasingly vary these methods of procedure. not the sequestration in a grotto or the murder of a single man. whatever may have been the honesty or the original loftiness of its object. seeks out the support of a coterie. each citizen." but the confiscation of property "en masse. no longer being able to count on any authority to protect him. still more recently." but the abusive demand. rhetoricians. laws of suspects. conversely. but of a new and complicated kind. he dares not say what he thinks. who are also tigers and hyenas. ravages the whole of some vast territory instead of taking root during centuries within a narrow compass. They practice. artists. or else. not the "grassazione. frequently.^ The of evil here has the characteristics of an epidemic. when an excessive despotism arouses rebellion therein.

outlaw. It is not because industry to undergo. the fact of holding the hand) that complicity of every degree. and others have their busts in the place of honor in many a man's study . either active or silent. up to this time only high grade rural brigandage has been in ^ It is rather interesting to note that these two great chiefs of bands were enemies. which is exactly the opposite of the transformation that it causes honest Being no longer able to act in considerable numbers for the carrying out of glorious exploits. an Antonino Leone or a Di Paschati. for him. Hebert. they hasten to adopt them. the most is attached to their names. praises of Robin Hood. or else with more skill to work up some bad scheme of extortion. and it disperses if it does not tion. For the criminal industry on a large scale civilization thus substitutes criminal industry on a small scale. some kind of a machine for the public to speculate in. and that the former ended by kilHng the latter.^ crafty Still another resemblance deserves to be pointed out. "La Vie nomade et les routes d'Angleterre au moyen age"). which was an indirect way of advising the brigands of that time to discern on their rounds between the tares and the wheat. The minstrels of the thirteenth century in England sang the . The rural brigand would not be possible without numerous direct and in- direct accomplices. ates. who smooth his way In Sicily they call " manutengolismo " (literally. its destroy it. who acts " from cupidity. some gambling house. in the popular legend The most ferocious. .286 THE CRIMINAL fact that they very [§57 But one should recognize the which much resemble the latter in one remarkable characteristic. "how this pious man . Robespierre. ^ This popular veneration for brigands dates back a long way. . What a part does this double " manutengolism play in our towns terrorized by a handful of agitators But in normal times the police prevent urban brigandage from organizing in the face of history under the triumphant exIt is opposed to its organizaterior of the type just mentioned. Marat.^ has his picture hung up and venerated in the cottages of Sicily." {Jusserand. the detestable and wicked outcasts are reduced to plot obscurely some ordinary crime in the company of two or three comrades or apprentices. the immortal boldly despoiled the great lords and high prel- but was merciful to the poor. but because. they are individually imaginative. and the most rapacious of the highway robbers. In one case as in the other they often frustrate prosecution by the variety of their inventions. from that of the false witness. conquering centralization. being placed in a good position to keep themselves posted on innovations of a And rascally or fraudulent nature. who out of fear keeps silent as to the crime which he has seen to that of the receiver of stolen goods.

according to Gil Maestre. assassinations. But there is still a low form of rural brigandage. which. wheat." 1888) tells us that the beggars there constitute a formidable corporation. of swindling. us an idea of the average large city. as everywhere else.§57] question. not being a capital. where sham beggars and sham cripples. This was so in old Paris. Maurice Jametel ("Pekin. corresponds an urban outcropping which is truly luxuriant of pilfering. In Barcelona forgery. as have the works of Mace. He is the hero of his own world. infinitely more numerous and changing. Maxime this du Camp and d'Haussonville have given us information on subject. The customary frauds practiced by the farmers and the boatmen. of marauding. and tax the shops the writings of just as the camorra of Naples does. In the sparsely populated and wild provinces the " vendetta " still reigns and crimes against persons predominate. veritable bands of swindlers. To this relatively slight form of criminal tendency. Let us talk of Barcelona. for will better serve to give example. URBAN BRIGANDAGE 287 — brigandage which does not hesitate at murder. The . It is to this delictual expansion much more than to great crimes that our great centres owe their remarkable number of cases before the courts. and wood. of abuses of confidence. he it is whose praises will be flourish especially. with habits no less traditional. In Pekin this formidable organization is still extant. the panther of assassination who pounces upon his victim and strangles him. but in places where the population is dense and where the railroads civilization in reality have penetrated. had as their quarters the Cour des Miracles. wine. of criminality in the It is useless to go into the details Paris of today. moreover) are on the increase. that they have a chief who is criminality in cities conceals elected. fraud for violence. Often enough this lesser itself behind the mask of mendicancy. but is seems to substitute merely showing itself more ingenious in renewing fraud than in bringing violence into the paths of progress. and rapine on a large scale. pilfering. In Spain. the people greatly fear the "atracador" (the "thug"). to this ground floor of rural offense. and a general meeting place. etc. of petty thefts of chickens. arson. and swindling not that murderers are unknown there. who water their wine according to custom. It is sung by the blind should he be so unfortunate as to be captured. The "minadores" (miners) are scarcely less terrifying. with a perfectly clear conscience. become rare and attacks upon property (under less brutal forms.

Shall we enumerate the infinite varieties of swindlers. the malefactors of Barcelona have their rendezvous and their secret meetings. which very Spanish. towns. esteem. and only holds his Peril attracts him as much as pleasure." This magistrate maintains that there is exist schools for the training of pickpockets. [§57 specialty of entering houses nean They proceed in a methodical by means of subterraand strategic man- ner." They are very versatile. There is a kind of stealing." who by means of an ingenious ment in the shape of a guitar passes his time in swindling the all other swindlers. and tomorrow he will wear the blouse and the cap of the workingman. Gil Maestre points out the frequent emigration and the continual renewing of the population of petty thieves. and. One useful speinstru- the "guitarist. without Let us add that the "santeros" (thieving servants) are very numerous in Barcelona. To discover them under these disguises is the task of the able policeman. Once their tricks are played out they go somewhere else. Their motto is. such and such a fellow who yesterday was dressed as a villager today is dressed as a young leader. There. has a profound contempt for the tradesman. which one . — founded. the administrator who is the delegate of companies which he has his accomplice who becomes knowing it. they must associate together to the acts as number of four or less for the carrying out of their difficult excavations under the direction of one of them who an engineer. where they recognize their brothers by secret signs. as in flourishes. the banker swindler. they tell us. and one is never better served than by them. He often begins by laying siege to the heart of the servant of the household. either empty or filled with earth. etc. "they communicate to one another the information they have and perfect their processes. Moreover.288 latter THE CRIMINAL make a galleries. the making of counterfeit banknotes rejuvenation of a civilized counterfeit coin. Well dressed in the daytime.? cialist is The species are innumerable. at night dressed as excavators. The "topista" (in Paris the sneak thief) has the specialty of robbing unoccupied apartments. hiring first of all a cellar or a store alongside of the house which they wish to enter and hiding behind barrels. own kind in The "espa- dista" (robber and housebreaker) knows neither lock nor bolt that can resist him. the entrance to their mine. "Bread and bulls. the promoter swindler. thanks to these meetings. He is essentially vicious.

— elderly one of and appearing to be of a — into the shop alongside of a man who "What! appears to be rich and ingenuous. an end. just like the grown up persons whom they imitate. having carried out their exploit. which Marro has added to his work. which assumes." 289 Two women. They scatter to carry out the plan of campaign and then meet one another again to divide the booty. he will learn the first one that presents itself to him. The pretty one turns round and throws her arms about the neck of her neighbor. the criminal profession. and this was bound to be so. I beg your pardon. and one which is so captivating and so amusing. he must live at the expense of society. who abandon him. "I caratteri dei delinquenti." in order to sleep soundly. according . a trade which has nothing mechanical about it. Their only occupation is robbery. They begin by robbing lawns and pigeon-houses. Pillagers like sparrows. For the use of children there is the robbery of lawns. it will not be long before they are robbing the upper stories of houses. play cards. The child is born a parasite. are noted as having abandoned their family. But the proof that this novice is not born bad is that as a general thing he is loyal and kind to his comrades. have made a mistake. is it you! again!" and she prolongs for a to which she suddenly puts I What a pleasure it is to see you moment this affectionate effusion. And. These young thieves steal during the night the linen and clothing left upon the lawns of houses." I have counted a number of malefactors who from the age of eighteen years on. They fight among themselves with knives. window them young and pretty. "Ah. They form a body of skirmishers of crime under the direction of chiefs. if his father and mother neglect to teach him some occupation." And both women disappear with a rapidity which seems to be accounted for by the desire they have of hiding their confusion. A few figures may help to make these considerations more — — precise. of this all too tender But after their departure the recipient loss of his embrace discovers the pocketbook. the "seat of an abominable corruption. they laugh. if he does not live at the expense of his parents. they have an extraordinary ability for robbing people. and huddle together in some corner. of a local color which is still quite marked. so full of varied information. a profession which is essentially a liberal one in his eyes. or under eighteen (often from early childhood).§57] might call stealing URBAN BRIGANDAGE "with an embrace. the other seem to be looking the duenna. In the individual tables.

a proportion which is truly enormous. and this remark also comes from Marro. what does it matter that these unfortunates have had their parents as long as the others. Out of these ninetyseven "normals" there were fourteen orphans of the age pointed out. in concluding from this that the bad conduct of the malefactors is a result of their nature much more than of their education." is quite certain that the future whom he depicts for us in the condition of thieves in the grass. same sex I have not counted a single one who. that the lesser criminality women is partly to be accounted for by the been much more concerned up to this time fact that society has in founding orphan asylums for girls than for boys. even probable. had abandoned his family at such an early age. Here we see the premature death of the parents of ninety-seven honest individuals of the Now. their parents present a proportion of madmen. without being an orphan. as is the author. who are and these two causes cannot be equivalent to each other excepting as to the bad education which is a common result of them. without doubt than that of orphans who are malefactors.'' To return to Gil Maestre. epileptics. of Is it not possible. become orphans by losing either their father or their mother. as has been proved by the report of Theophile Roussel (1882) upon these charitable establishments in France. without mentioning forty-seven who at the age of eighteen or before had neglected them.290 to THE CRIMINAL [§57 my point of view. In fact. It is to be observed. if." But we must not be too hasty. which is a slightly larger proportion quite by chance. that their family had previously greatly I have counted one hundred and sixty of them out of four hundred and seventy-two male malefactors. fifty had become orphans at a very early period. Furthermore. are less guilty than the auxiliaries . as the author shows us elsewhere. drunkards. that out of seventy-six delinquents whose parents were neither drunkards nqp insane nor delinquents themselves. from a table drawn up by Marro it is shown that with regard to the premature death of their parents malefactors are not found to be placed in a situation which is less favorable in appearance than is that of "normals. and unbalanced people far greater than that of the parents of sons who have remained honest? They have not been brought up any better than if they had remained orphans. out — — — — — playing the same part as that of the vices of the parents alive. it "espadistas" and "minadores.

well. p. in its more numerous and better concealed manifestations. Nantes. and Marseilles. dealers in old clothes. but. it was realized owing to their sojourn in the cities. 5. her chaplain Donizo recommended her. as well as in ^ The bad name of towns from the criminal point of view dates from far back." No. sleep unless they hold their clothing clutched in their arms for This brief sketch of the criminality peculiar to large centres ^ would be too incomplete were I not to add a word or two as to that crime at once essentially urban and essentially masculine which is called an indecent assault. Bordeaux. 433. does not place any obstacle in the way of their responsibility. The central plateau and a few mountains alone emerge entirely above this deluge.§57] URBAN BRIGANDAGE of 291 low lodging houses. in of crime. one of the suffocating heat. as we know. by four radiations of contagion. having as their centres the great cities of Paris. for example. In France. I do not wish to deny the action of physical causes upon the crime in question. upon the charts drawn up by Lacassagne. knowing one another only too fear of being robbed. Thus we have every reason to believe that the majority of men who are found to be guilty of this crime have been so because they have had the misfortune of being born or of going of to live in the midst or in the vicinity of our Babylons. But this consideration. little women. di dormir" where the guests. without going so far back as Sodom and Gomorrah. Overexcited by the very ease with which they can be satisfied. I notice that when in the twelfth century the Countess Mathilde. where crimes are multiplying with the frauds of the merchants. tapestried with cobwebs. airless room. Perrens tells us. boys. in its external and internal characteristics. instead of being born or living in Auvergne. . and little girls. who had become old." ("Histoire de Florence. but its geographical redivision clearly reveals the dominating action of social causes. the desires of the feelings acquire among agglomerated populations an acuteness which amounts to a disease. but belongs to them none the less because of this.^ the criminal infection which I am speaking is graphically depicted by four blotches. or keepers of receivers Gil and receivers Maestre says that he knows of a "casa stolen goods of thieves themselves. a virtuality which was truly theirs was in them. in a condition of absolute nudity. and.") * "Archives de I'Anthropologie criminelle. because its annual statistical curve rises regularly in summer. — sleep pellmell and. To sum up. " to flee the populous towns. was wandering about from castle to castle. on account take good care not to go to all — men.

One ascends same nature takes scends. and that in France it consists more often than in Italy in indecent assaults. in its more ingenious and less routine methods. more prone to implant in in any country takes — on the same forms as a delictuosity due to custom. It is run. just as in the more varied and more exotic social origin of its agents. in "coltellate.292 its THE CRIMINAL [§57 more astute and more voluptuous nature. — that which the individual first is himself by the repetition of a misdeed. which has absorbed and usurped the attention of learned men far too much. We know that in Italy it consists more than in France in blows and wounds. between 'primitive criminality and advanced criminality. from the point of view of time and not of place in the long place. well to notice that a contrast of the One can see the advantage of not misunderstanding this funda- mental duality. all the more as in certain respects it coincides with that of delictuosity because of opportunity and delictuosity be- cause of habit. It is true that it would subject have been difficult to talk about the criminal without concerning ourselves to a certain extent with crime. urban criminality contrasts as the other de- strongly with rural criminality." an old national custom. As a general thing. But we must apologize . for having rather encroached upon the matter of the following chapter. delictuosity because of habit. an old Gallic weakness.

1. fields of criminality. Race and §§ 63-78. Examples drawn from the history of languages. Abortion and infanticide. (IX) Application of these ideas first of all to the influence of teaching upon criminality. Similarity of the former ferior by the sort of fact: and the latter. Alleged law of inversion between crimes against property and crimes against persons. Genesis of popularity and unpopularity. (Ill) Application to criminality. murder by command. dogma. §§ 59-62. poisoning. From the (I) social point of view. Women cut to pieces. The lovers' vitriol. its study by means of the phenomenon of crowds. Propagation from the higher to the lower in every language. furniture. VI Preumtnary Remabes: The statistics. according Ferri. drawn up by Joly. (IV) At the present time they are propagated from the great cities to the country. The same law applies to feelings of morality or immorality. their struggle or their concurrence governed by the laws of social logic and expressed by means of statistics. the rudimentary eye. formerly aristocracies. biological and sociological interpretation of Existing statistics. (VI) Criminality of great cities. Climate and mortaUty. Examples: drunkenness. (VIII) The meeting of different currents of imitation. Murder because of greed alone. The group. of industries. Criminality and cUmate. Lacassagne's Criminal Calendar. The tendency towards imitation. Its division by watersheds. they show that (II) more than he innovates. Both increase in the same proportion in great cities. sex. The spirit of sect and the spirit of the group. Men The superior imitate one another in proportion as they are in close contact. (II) The laws of imita(I) tion. its force and its forms. Progress of homicide. Climate and the birth rate. Deliberations of the Council of Ten. Rape and indecent assaults upon adults and upon children. (Ill) Physical Influences. Part Plated by Physical and Physiological Influences. Preponderance op Social Causes. 2. At the same time civilization improves mankind. today capitals. Their effect upon industry and art. How can this be made reconcilable? (VII) By means of another of the laws of imitation the law of insertion. needs. to The man living in a society imitates far three factors of an offense. The great fields of imitation. Normandy. Eudes Rigaud. (X) : . (V) The crime chart of France. double origin of societies. is imitated by the inferior to a greater extent than the insuperior. ideas. Herault. Decreasing importance of the part played by physical influences corresponding to the progress made by a society. How a suspicion soon becomes a conviction among a crowd. Pillage and theft. of religions. The repetition and even the regular variation of statistical figures imply the non-existence and lack of the exercise of free will. (IV) Physiological Influences. Vices and crimes were formerly propagated from the nobles to the people. according to statistics.CHAPTER CRIME § 58. Counterfeit money. an irregular rhythm. as well as the family. the alternate passing from fashion to custom. a primitive social factor.

is a positive thing. to put it better. ogy. (XVI) A order as that of the succession of tools. an indication which more or unfavorable. of statistics. the positivist school. of languages. that magistrates refrained from indulging in criminal anthropology in this sense because the lawyers of the criminal unwittingly. general meaning transformation. (XI) (XII) And In the third place. of this At first internal changes in each sort of crime. On the to be regretted that the alienists of this school should so seldom be consulted by magistrates and lawyers. which has nominally remained the same. The biological and sociological interpretation Existing statistics.. (XV) In the third place. we should admit. and have then been legalized. to the influence exercised by work and industry. unless it be to draw therefrom. Sarlast Congress. have actually achieved positive which the numerous measurements of the skulls and bodies of delinquents are still far from having attained. Legrand du Saulle. raute. it is worthy of credence. I assume. Palais de Justice and the Assize Courts. Preliminary remarks. Importance of this consideration in criticising Irreversibility of the transformation impartially the judges of the past. § 68. has greatly increased as a result of the 1 work of which I am speaking. in this respect. summing up of the chapter. to the influence of poverty or wealth.294 CRIME [§ 58 In the second place. Tardieu. where ignorance of these — — matters is so profound. Historical passing from the imilateral to the reciprocal. Garofalo's theory of the "natural irreversibility of these slow revolutions. for mental patholThus. of religions. Or. . fourthly. that judicial practice cannot yet be inspired by their efforts. the rudimentary eye. moreover. not always most other hand. The field it is of irresponsibility. historical transformation of offenses with that of industries. information furnished The bad and more especially the good by a mayor is. results. etc. We therefore join in the wish courts are already indulging in it — expressed by this criminologist upon this subject." Irreversible order. very justly remarked at the unfortunate. after the foregoing developments. change in the accusation. pologists Without wishing to detract from who seek to reform the body the worth of those anthroof the penal law. Maudsley.^ The countless observations of insane persons or of moral monstrosities. Characteristics which differentiate crime from the other social phenomena. as a distinguished magistrate. pointed out above. or vice Comparison with the variation in values. when the most less incontestable anomalies presented by them is are to be found in the person of an accused. crimes which have become torts. of law. Same offense. ofiFered to by the (XIII) Analogies the influence of civilization in general. at least to the same extent as is already worthy of being given a hearing at the anthropology. (XIV) In the second place. I repeat. Crime and war. changes in criminal procedure. etc. accumulated by Morel. General meaning and versa.

they would have a right to our gratitude. naturalists. accords. it social causes in the production of crime of criminal tendencies. same time as the physical or anthropological is Its mistake. but. to find the natural laws of crime. although the alienists may have furnished us the best information which we possess with regard to him as yet. and their point of view is no less imperfect than that of their brother said. After having. the latter refuse is to recognize upon this subject any but economic causes. it has been possible to observe that they allowed of a matter. the "moral is not in the slightest degree an insane person. as we have said in our statement. a greater part to than in the production In fact. In the same way we shall see that. It it by means of statistics. This efforts result. Even admitting as certain the anthropological ideas of the new school. Theoretically. so heterogeneous and having placed in the having misunderstood first the peculiar nature as well as the greater intensity of the of This reproach school. same rank causes them. such as the relation of the seasons to the curve of crime. if they have not worked for a common object." sociological interpretation far preferable to the too exclusively biological interpretation which its founders have formulated. much having been we cannot too highly praise the and the attempts. though they have limited themworking out a few isolated problems of social arithmetic. in our opinion. even though they be sometimes without of these distinguished statisticians. Had they done no more than bring to light the regular progress of recidivism in all countries and to bring about the necessary measures to deal with recidivists.§58] PRELIMINARY REMARKS this is precisely the reason its limits for 295 and why it is define fear of leaving to responsibility important exactly to no part in the Let us not forget that the born pervert. to a lesser degree. speaks of the "sociological in in factors" at the factors. among not addressed to the socialists of the the social causes of crime. madman. of the curve of crimes against the person to that of crimes against prop- . they have accomplished more than this. it repeats the same mistake in interpreting the statistical statements which are the most serious and perhaps the most lasting foundation of its work. or the selves to relation of the curve of homicides to that of suicides. by means of anthropology and mental pathology. sought the typical characteristics of the criminal. If however they have so far given us nothing more than an outline. seeks.

they are to societies what sight is to animals. the animal which allowed itself to be guided by these imperfect indications must often have made very great mistakes and reproached itself for not having continued None the less to grope as its forefathers had been wont to do. but have the advantage of introducing for the first time precision and certainty. was this animal progressing along the fruitful way upon which Very its very falls were the preliminaries to bounds in advance. are under a duty to take . even under these circumstances. in the stage in which criminal statistics are to be found today. the relations CRIME between certain facts [§ 58 which they have estabUshed are valuable acquisitions to science. not to blame him. each day they make this analogy more striking. scarce admitting of a distinction between fight and shadow. Now when a man. When. would run a very serious risk of being mistaken. or the vague contours of an enemy or prey. should wish to recast the criminal law. etc. well. Thus it that criminologists and legislators as well. upon the weak information furnished him by his sight? No. "aliquid inconcussum.296 erty. for directing his steps." and are stepping-stones to the future. the first rudimentary eye was long since opened. begins barely to see. he ought merely to use it to assist him. a sort of atlas which is continually being renewed? where they statistics are far from having reached the point be capable of realizing such an ideal as this. by reason of the conciseness. Is the eye. the increasing tables.. what should he do? Can he depend entirely. Only. and. should hasten to reconstruct at the present time the whole of psychology. and supplement its imper- But assuredly will fection with the assistance of his is memory and his reason. upon the limited basis of his own experiments. and original counting of the optic vibrations which it shows us in the form of ceaseless visual pictures. if they should go so far as ever to realize it. The same thing applies to the criminal statistician who. However. in the depths of the sea. instantaneous. which are still so few in number. upon the faith of his figures. recently operated upon for cataract. the rapidity. statistics are to some extent a social sense which is awakening. let us be careful. In tliis they resemble the psycho-physicians whose contributions to psychology bear upon points which are as yet secondary. in fact. of their graphic curves number of their and their colored charts. the psychologist who. anything more than an admirable apparatus for the rapid.

of these variations here less capable of being the other of a despairing obscurity. marpurchases and sales: births and deaths do not occur with any more regularity than do these consequences of the will. the invariableness of the part contributed by the criminal. From the social point of view. The repetition and even the regtilar variation of statistical figtires imply the non-existence and lack of the exercise of free will. but at the statements with the Hght furnished by history and archaeology. Part Played by Physical and Physiological Influences (I) § 59. As to the replies which have been made to this objection. the objection which was made at the outset continues in full force. they can be classified into two parts.^ At first this unvarying will. as it ofiFenses. This is an illusory explanation. Then great was the surprise at the fact of the establishment of When revealed that annual reproduction of figures which were approximately the same with respect to the same and. the facts primarily by them seemed completely to overthrow accepted ideas.§59] STATISTICS AND FREE WILL same time combining 297 their these statistics into account. but the variations which were noticed in it later on also showed themselves to be regular. contingent was looked upon as being irreconcilable with free was customary to base responsibility upon free will. play the part of the disturbances of an astronomic curve and neutralize one another. was greatly exaggerated. and subject to periods of very high or very low continuance. by themselves acquir- We shall take this point of view. with which we are concerned. statistics first came into operation. Let us assume an astronomical curve resulting from the combined effects of disturbances excluwith respect to the same voluntary acts of life of whatever kind. the one of a despairing weakness. the conclusion was soon arrived at that the criminal is not responsiNo doubt in the beginning ble for the crime committed by him. and only habit has in the end weakened it. and with social science. they show that man living in a society imitates far more than he innovates. I. that rational consciousness which advanced societies end ing. in so far as they are peculiar and accidental. ' And riages. this memoir of the people. that free decisions. . Now in what way is the regularity or merely the continuance opposed to the assumption of individual liberty than is the exactness of these repetitions? Thus. The most specious of them consists in saying with Quetelet.

all marriages. of influences of a social. the hypothetical cause of this attraction accord- ing to is many physicists. as all crimes. if this absolute or relative uniformity would be incomprehensible we did not admit that wills. or. the pulsations of the heart and other physiological of and anatomical characteristics of a suflScient number men. and that they constantly correspond in fact of their to a sum which is equal. at each moment of time the undulaas independent in law. or if its motion. That the true explanation of the regularity presented by the curve of the heavenly bodies. we arrive at a numerical remainder equal to or in conformity with a certain empirical law of increase or decrease. are repeated equally and similarly. if you prefer. or the same nation consisting of various races. CRIME This is [§ 59 indeed our very case. equal to itself and similar. were dependent upon a complication of accidental influences coming from every point in space. tions of the ether. Certainly if the earth were free to drift in space. All these men are hereditary copies of one another. can neutralize one another. in comparison with which the part which can be attributed to their freedom is a Thus it is that the ellipse described by the negligible quantity. although necessary and inevitable. because its cause. a deduction having been made for their so-called neutralizations. or regularly increasing and decreasing. constantly give the same results? For a similar reason. around the sun is regular. looked make. so to speak. During each moment of time the attraction of the sun upon the earth is repeated. by means of procreation. or vital or physical order. which is the cause of the periodic and complicated disturbances which indent this curve. provided they belong to the same race. the mutual earth attraction of these two bodies. and how. the constancy of the figures furnished by anthropometrical And measurements simply proves that the sum of the repetitions through heredity is far greater than the sum of the variations which are . is immeasurably greater in energy than the reciprocal attraction of the earth and the other planets. it would not describe a path capable of being geometrically formulated. absolutely no use upon independence. Why do the measurements of anthropologists bearing upon the height.298 sively. and all the purchases carried out in a certain situation during one year are considered as emanating from the independent initiative It remains to show in what manner these initiatives of individuals. the weight. Each one of their features is the reproduction of another. but always in the same proportion. Now.

which drives men to marriage. Thus the regularity of the statistics of marriage only proves one thing. as well as an impulse which is physical and varies according to the season. though one were to irregular because of As to the regular variations. in the determining by each citizen of each one of the acts of his life. far from becoming less. If. their regularity would also demonstrate the preponderating effect exercised by the hereditary propagation of certain organic modifications. recurring every year with a striking monotony. there less marked. which anthropometry count a thousand. all these were but original variations in the living being. "mutatis mutandis. and again. of the three sorts of influences pointed out exercises upon the total number of wills an all-powerful effect. the part played by free initiative. But it is also a social impulse. ten thousand. because here more marked. that the force of imitation-custom is constant in this in the The three respect. were it to be apphed to hybrid races in process of formation or disappearance. The law of great numbers would serve no purpose. if each individual were a species apart. a carrying away by custom or surrounding example. as we see the printing of a same negative result in proofs which are either too pale or too dark. and not any official marriages. — — sorts of influences are very clearly to be distinguished example which has been chosen by reason of the sensitive test of statistics. Everything I have just said is applicable. we would not see the number of marriages. in a given locality and during a stated period of time. vital. preponderated or were even appreciable. which is. released from all physical. or else regularly increasing or decreasing because of its . If." to moral statistics. civil any more than religious.§59] individual STATISTICS and AND FREE WILL 299 an inexplicable innateness. hereditary. but generally resembling one another. one would become the inconsistency of the figures. the more the number of observations was increased. to assume what is impossible. and which varies according to age. the greater pulsations. or social suggestion. Were it not for this there would be nothing but free unions. ten million statures or heart would never arrive at figures which would be approximately reproduced when one began to take these same measurements on other subjects. marriage for example. would have no difficulty in disclosing. But the concurrence or following a progress no less remarkable. for it is quite certain that it is an impulse which is physiological. it is only combated to a very small extent by individual spontaneity.

the explanation offered by Quetelet falls to the ground. the physical. as we have said. although it true initiative brings into the world? is permissible. to The quantative superiority of voluntary energies subjected Imitation over voluntary energies employed along the lines of Innovation. we have the sum total of what is expressed by the regular figures of social statistics. perhaps to see in them an indication of elementary liberties which would be carried out underground. is fulfilled to a very high degree. nil. In fact. a discovery. our conception of responsibility being different. independent of tradition or opinion. Far from it. the first the peculiar series furnished by statistics show us that condition vital. here indeed. But is there any occasion to credit free will with those unfortunate disturbances which Not the least.300 CRIME [§ 59 coming into contact with imitation-fashions whose propagation is favorable or unfavorable to it. we have occasion to believe that they imply the preponderance of social influences over physiological or physical influences. or pretty nearly so. based upon similarity to others and the persistence of the personal identity. But. let someone show me an psychological life is displayed. as they prove of the individuals class. after ex- amining the matter. Now. into various currents of imitation which have one day met by chance in a well endowed brain. is we have said. and that it is far more intense than the force of individual initiative. The terror of consciences was thus not without some excuse when. it is true. as by statistics are the most fitting to make us of the opinion that criminals are really responsible for their acts. invention. let some one show me an individual originahty which is anything other than a peculiar Thus. if at least. imbued with the old conception of responsibility. It does not follow. which cannot be resolved into combined copies. Fortunately and its value is a thousand times greater than the apparent volume. intersection of things commonplace. they saw an enemy in nascent statistics. and social resemblance go to make up the same nation or the same who And they prove that the second condition as well is fulfilled. the individual only remains identical with . a thousand leagues below the luminous surface upon which the Moreover. and the disturbing element even of statistical curves escapes the partisans of free will. that the part resulting from the innovating activity should be considered as this part is very real. we ourselves have no reason whatever its human to be afraid. the results pointed out Responsibility.

of the person. naturalists by profession. and as a conse- quence of the former assimilation that individuals are responsible for their acts to one another. With the latter I agree in admitting I insist. in submitting to the persuasions of his comrades. Physiologically. that becoming gradually dissimilar. acts in conformity with his own character. so does his responsibility increase. become an honest man. he can appropriate to himself a natural influence. a criminal who has been converted. upon pointing out that the identity upon which I base my theory of guilt. In fact. From a biological point of view. they make him different from the civic. civil. has remained identical with himself. already that the progress of is We know he man in in his own personal identification generally proportional to his progress in social assimilation with others. just as it is as a consequence of the latter that the molecules of their bodies are bound together if among themselves and so subject to be eliminated health should demand. Consequently. This is the question which socialists of 1 is being discussed by the naturalists and the the new school. organically. It his is as a social being. estranges himself. and it is his personal and not his organic identity which is in question here. it is especially important to find out what is the true part played by suggestions of an economic or religious. and to decide whether the suggestions of a natural order have been subordinated to them or not. The very transformations which madness brings about in the personality are never of such a nature But that they can make the indiviflual organically otherm^se than he was before. that he in proportion as is responsible. political or domestic order.^ The malefactor. in the pro- duction of the offense. and act in accordance with temperament in giving way to it. such as the sight of prey or the feeling of heat. and conversely. into which he is plunged in his capacity of a person. that is to say the social surroundings. . have criticised this theory because they have failed to grasp this point. he can only appropriate to himself motives or moving causes suggested by the psychological surroundings. the enormous social organism advances assimilating the little individual organisms just as the latter advance assimilatit is ing the molecules and forces from without. of social order in a word. but from the sociological point of view it is entirely different. and social point of view. not as a living being. should be understood in the and not in the vital sense. But psychologically. Many of my adversaries. of sur- Thus he is affected by the suggestions rounding society.§59] STATISTICS AND FREE WILL 301 himself in being subjected to an influence in so far as he appropriates that influence to himself. social and I cannot insist too much.

as they do. but factor. I maintain that. though every force used in our social actions flows from that impulse. a person is still responsible for acts committed in consciously. is this threefold by reason of its correctness and its clearness. an end and a need it is . I mean normal and not One sickly imitation. while appearing to adapt pretation. at the same analysis striking time every guiding of this force comes from elsewhere. the more the plant grows. but instead of concluding from this.^ § 60. (n) The three factors of an offense. and such a person such and such a need. for example. that society alone is guilty of every crime.Thus does forces. The temperature of each day seems to hold dependence the growth of the stock of plants. first of all. marked tendency to and not sufficiently to recognize the fact that. once and for is all. He has not. on the other hand. is merely molding the latter to his owm ends. persisting and original. Imitation in the social less life. I conclude from it that the individual is really and justly punishable. As you set forth. . the hotter it soil seems to impose upon the growth of the stock of plants special manners of growth and properties. To the same degree as his classification of delinquents into five categories is disputable. it is a phenomenon of momentary insanity which lessens responsibility or eliminates it. imitation is absolutely unconscious and blind and contrary to the habitual character of the person who is subjected to it. see. and the nature of each ^ I must point out one thing. From this there arise inevitable errors in interThe superior. frequently. in our opinion. life sometimes pretend to adapt itself to chemical thus does society sometimes pretend to adapt itself to races and climates. as it seems to us. the division of the causes of an offense into three factors. imitation of others. according to Ferri. to a great extent voluntary. himseK to the inferior. has par^\Tien. under this apparent subjection of the vegetable germ to external exciting in its is. It is none the less true that. deliberately sometimes. copied in order better to realize such and such an end. exaggerate the importance of natural impulses. to satisfy from others more passively but not unIf. even with respect to language and customs. had sufficient regard for the hierarchy of the realities which he distinguishes and which are superimposed upon one another. in an excited crowd ticipated in this act of imitation. it is because the entire person. as Fern has magisterially is correct. although without this example they would certainly not have been committed.302 CRIME [§ 60 the superiority of social causes over external causes. With great wisdom he has often drawn from the confusion of But he has a figures the action of each cause taken by itself. it is none the a determining voluntarily. imitates such true.

the existence of paper. this means that the invention of railways employs the various degrees of force of the agents which it brings into play and causes these pecuharities No doubt it is correct to say that the to work for its owti profit. The railway not carried out in Spain and Italy in in France itself the Southern Railway Company is clearly to be distinguished from the Northern Railway Company. Decreasing importance of the part played by physical influences corresponding to the progress made by a society. according to statistics. it is not paralyzed. but they have seemed indispensaBy means of the light shed by them. ripening of a bunch of grapes is caused by the concurrence of two factors. 3d. the true and only reason for the manufactured product is the employer. 3d. the temperature and the soil on the one hand. ingeniously to derive something from all the obstacles offered by them. upon this point it is well to read Cournot again. and the direction given by the germ on the other. to command them and even workmen operates. and climate. Let us not confuse cause with reason. Climate and the birth rate. supervision of the employer (a momentary incarnation of the invention which he is developing) But one can equally well say that this page which I am writing results from three conditions: 1st. 2d. ble to me. also. 2d. In the same is way the physical \agor of the its of a factory the first condition of operation. not impeded. (in) Physical inality Lacassagne's Criminal Calendar. and pens. the same manner as § 61. that a manufactured product results from three factors acting together: 1st. the true and only reason for this page is the education which I have received and the contagion of manifold examples which have made me decide to want to write this. in the last analysis. the better fed they are. in France. CrimClimate and mortality. But. These preliminaries are long.§61] PHYSICAL INFLUENCES germ to 303 utilize causes. No doubt it is correct to say. the naturalist perceives the aptitude of this outside forces. Their effect upon industry and art. race and health. we shall from now on be able to appreciate the ingenious "Criminal Calendar" . climate and the season. The true and only reason for the bunch of grapes is the seed. . influences. my knowledge of the art of writing and my wish to write. the good condition of my hand. and the it more vigorous they are the better perament of the workmen service it is is of a factory and the particular temstamps the progress of that factory with a special character. ink.

and that. ^ On this point Colajanni has raised apparently very strong objections in the "Archives de I'Anthropologie criminelle.^ and the hottest provinces. But only a part.304 CRIME [§ 61 drawn up by Lacassagne. and woundings. not only the hottest months of the year as among the other months. there is no historical phenomenon better proved. Does not the coincidence of these three sorts of facts force this conviction certain that it upon us? It is quite proves that heat accounts to a certain extent for one 'part of the excess of crimes or offenses of violence shown us in months. month by month. but again the most exceptionally hot years as among the other years. Ferri has partly regained his position. Must we Ferri answers "yes.^ the smallest of "property-crimes" in June and July. The greatest number number of "person-crimes" are to be found in June. blows. 1886." page 363. and even upon race. a few hundred or a few thousand years ago? I doubt it very much. and that of crimes against persons. if we go back to the time of the indolent Roman civilization threatened on the North by bloodthirsty hordes. or even only as far back as the time of the crusade against the Albigenses. if history does not lie. as among the other provinces. article entitled. of crimes against property. But in the following number. and not in June. Let us deal see in the rising of the temperature the only expla- with the former.^ This author has shown that the enumeration. are distinguished by their relative fertility in murders. ^ The enumeration of crimes committed in prison ("Criminalita carceraria") has given rise to a calendar approximately similar to this. "La criminalite en France. without any change taking place in its climate or the race of its . and perhaps a small part. however. assassinations. Violent criminality depends so little upon climate. we shall everywhere find the colder climates relatively more fertile in bloodthirsty crimes. is expressed by means of two annual curves which are almost the opposite of each other." nation of the recrudescence in summer? The proof of this is that. There are." November 15." In this are given two large plates and a well developed table. that the same country. some differences: the greatest number of crimes against persons there occurs in August. Would statisticians have established this coincidence which we at the present time establish. "I caratteri. 1888. ^ "Revue scientifique" of May 28. . years. and provinces having a high temperature. that is to say the southern ones. Table on See the work of Marro. Let us bear in mind that the relative mildness of customs among northern nations is of rather recent date that it is due to the modern movement of civilization towards the higher latitudes.

military. of industrial. We cannot believe that Memphis or Babylon were ever habitually tuned up to this pitch. becomes milder. it is quite possible that so many inventions one time. They are. have allowed regions which were previously unproductive to centuries in Europe. by means of a thorough utilization of natural resources. is quite certain. when the Arab civilization was captivating civilized. when the latter were withering in their cradle. When Greek civilization flourished in the south of Italy. and that once it has been facilitated by our actual efforts. as wealth passes from the leisure and privileged classes to the industrious classes. shall continue to be rugged and difficult. carry out successfully the accHmation of civihzing ideas. that good fortune of scientific discoveries. as always happens in the beginning. But it is permissible to believe that this is a passing crisis. that they are social and pohtical inventions. or inhabitants. before everything. which appear to be an essential part of modern capital cities. the deafening racket. The causes of it are historical and perhaps accidental. And this will no doubt be the case so long as the development of these novelties. coming one after another to be put to account at The reflourishing of civilization in the valley of the Nile and the Austraha justify this hope.§61] PHYSICAL INFLUENCES 305 becoming becomes bloodthirsty again upon returning to barbarism. the use of the new implements of civilization will extend even to the tropical zone. which have been subdued and domesticated. lead one to suppose so. . becomes enervated even in the south of Spain or the it Roman civilization the south of France. was the north of Italy." p. which we have been developing for three and which. in Greater Greece. a phenomenon in which no physical cause intervenes. is it at least to be accounted for physically? Not any more than the other. necessarily require an expenditure of bodily force which the inhabitants of the towTis situated too much to the south could not supply. Civilization has passed from the fine tropical regions to the temperate or cool zones for the same reason. It therefore seems exceedingly probable to me that the action of heat plays but a small part in the predominance in the south of splendid progress in * made See the development of this idea in our "Criminalit6 comparee. at bottom.^ As to the movement of civilization towards the north. 152 et verso. Furthermore. The feverish agitation. the north of Spain and the north of France which was the special field of homicide.

they travel. Bouchesdu-Rhone. increase. the thing which merely the darkness of the patches in the neighborhood of large cities. and the more does the proportion of inhabitants. both as to the number of crimes and as to the nature of the assault (if we may be allowed to express the gravity of crimes by the word 'quality') among the native population of our intertropical colonies. at the same the time the annual curve of the crime we are here dealing with is very regular. It is noticeable that the annual curve of temperature generally shows a similar irregularity. is also the opinion of Corre. "It cannot be denied. more numerous encounters. from this there nance. The more populous a town is. Loire-Inferieure. . passions more greatly excited. in the Departments of the Seine. "Annamite breeding-time. along the Mediterranean shore. in their summer predomiIn summer people live more in the open air. people become civilized. It shows an irregularity which Lacassagne says cannot be accounted for. Nord. but which seems to me to confirm the physical action revealed by itself. This so-called law does not apply in France. strikes us is Furthermore." says he. the one which mani- festly the most influenced by temperature is rape or indecent assault. ^ I say in continental France. CRIME [§ 61 I may add. "and we will furnish the proofs in another work. Stationary in February. even though situated in the north." As a influence disappears. they come in contact wath one another more." (Lyons. takes place in April and September.306 coarse and violent crimes. this crime increases in March and decreases in April. It is none the less true that it is hardly permissible to take this fact into account at all in the true explanation of this offense." 1889. excepting in Corsica and of the influence of climate. the more numerous are the meetings between human beings. Storck). and Rhone.) He has furnished this proof in his very interesting monograph on " Crime en pays Creoles. the action of this external cause may be more apparent and more marked here than elsewhere. Seine-Inferieure. This indeed is to so great an extent the principal explanation of these phenomena arise that it alone can account for the exceptions to the pretended rule And these exceptions are numerous. Gironde. there are periods of breeding- time rather clearly marked. and more frequent opportunities for murder. Among primitive peoples. among a is given number Of the crimes against the person. so greatly This In colonial France this law does not apply. all of murders. this according to Lorion." ("Les criminels. that criminality against persons is slight. Very well.^ as can be seen from the fine oflBcial charts of Yvernes relative to the division of bloodthirsty crimes among our Departments.

is what takes place. sometimes [and more often than not] greater than that in the month of June. . It is in the large cities. such as Lyons. that attains its greatest frequency." ^ In the second place. makes itself felt? dead season. One could just as well draw up an is industrial calendar as a its criminal calendar. In their case too the best years of "harvest" are perhaps those in which famine has raged among us. it is lowered to its minimum.^ But for what reason? Because our chief nourishment consists in cereals. does this apply? In the case of peoples who live by hunting. the nights are then longer and the darkness is favorable to theft. be it understood. and the progress of civilization. a nuptial calendar. etc. season. has been said. in spite of the temperature. and this 1 "Etude medico-legale sur la statistique criminelle en France. and is during the winter so to speak that they it may be assumed that among them it preferable to steal during the summer. its concerned at least. article by Garraud and Bernard on "Viols et attentats a la pudeur. See also "Archives. we provision ourselves for winter during the summer." But how could the lengthening of the days have any influence over this crime.? maximum prove ." by Chauasinand (1881). That Nothing of this kind.§61] PHYSICAL INFLUENCES 307 does it depend even more keenly upon the density of population. since our passing from the pastoral to the agricultural phase of our civilization. But. or in their immediate it vicinity. It proves that want of the means of sustenance is felt especially during this season. rather than in proportion to the rise in temperature: "for it is lowered in July and August. as far as mortality is the action of climate. and race alone It would be a mistake to think this. in the north or in the south it matters not. wdth the diminishing of the daylight. the intensity of urban Ufe.f* cold makes one a pastoral peoples. in the case of in winter What does their attaining their thief. by reason of many and accumulated inventions. it has been observed ^ that it increases in proportion to the length of the days. In the most southern regions. the winter being the it is gather in the harvest. the opposite best season for game. agricultural and firm in religious belief. Besides. but regions which are sparsely populated. if not because of the similar prolongation of social acti\aty and the increase in the number of meetings due to its exercise? The same considerations apply to crimes against property. a calendar Does it not seem that. 5. and because. for there no industry which does not have busy season and of mortality." No.

that in certain of the Departments. for "these poor Flemish" have among them at the same time more insane persons. even in so far as mortality is concerned. that of habits of religion is to say during itseh felt. never suspected before the existence — — of statistics. more paupers. May among children. the great infant mortahty of the coast Departments it is three times greater than that of of the ISIediterranean is due especially to the tropical certain other Departments heat of the summers in this zone. Here the influence makes . and statistics have revealed to us this very important fact. First of all. and December. which as far as date of calendar with the calendar of the birth rate. as has been proved by Bertillon. this explanation does not account for the lowest number corresponding to the month of December. the lowest in and November. as a during August and September. the following. numbers. with respect to tlie age of from one to five years. the group of Flemish provinces in Belgium. and more illiterates. But why are fourteen Departments around that the highest mortality is Why are countries where on on a large scale to be distinguished in this same way? Upon what are certain strange things dependent. So strongly does Bertillon believe in the preponderance of social causes. for an equal amount of population. July. statistical table that the greatest conception Lent. for example. for all ages the mortahty among women is greater than that among men. more dead than the group of Walloon (French speaking) provinces the cause cannot but be social also. and the smallest number in June. that according to him society could and ought to take some action with a view to diminishing the annual tribute paid to death Still by certain regions of our territory. is concerned. general thing. do not be in too great haste to account for these differences by means of the aphrodisiacal action of the spring (children born in February were conceived in May) or by the refrigerating action of the autumn (children born in June and July were conceived in September and October). more instructive would be a comparison If of the criminal you read in a number of legitimate births takes place in February and March. whereas in others the converse has been shown to Paris sadly privileged in this respect? is industry carried be the case? The difiFerent If conditions of social life can alone account for these facts. No doubt.308 CRIME [§ 61 example furnishes us with an "a fortiori" argument which is worth something. brings us to March.

and this is proved by the fact that and the "minima" of natural births almost corresponds to those of legitimate births.^ that in the last analysis the social causes alone give the key to the phenomenon of population. are we to account for the variations in the number of births corresponding to certain physical causes. In Ireland the Celts are very prolific. and how account for the difference in the rate of progress shown by the different races? Upon this last point. * "Among our highly civilized populations. correspond to other seasons in France. ^ the "maxima" however. And de Foville will tell you that in the Scandinavian the maximum and the minimum are no longer the same." This cause is. 1886). partly physical. countries. let us limit ourselves to doing away with a confused state of affairs. as well as between criminality and climate. in the case of rural populations. which. one will say. he says. But how then. is the northern region. with residence in hot climates. "race has absolutely no influence on the birth rate.^ Between the birth rate and climate one might establish a fairly constant relation. just as the French are in Canada. and even a similar relation. the fruitfulness of marriages. a pamphlet filled with information of the very greatest interest and as remarkable for the firm basis of its criticism as for the extent of its researches. It is not the Anglo-Saxon race which is responsible for the prolificness of England. It is nevertheless recognized as being certain among the majority oi the economists. while the lawful birth rate — decreases.^ Every race in passing through the various phases of its civilization goes through several succes* "La France economique. just as the frequency of bloodthirsty crimes. is the richest and most highly civilized. nor the Celtic race which is responsible for the absence of prolificness of France. And this is all the more unfortunate as this is the model region. because in these countries "the most laborious periods. because of a sort of natural compensation. from Malthus to Tallqvist. this is due to physical or physiological causes? It is to be noticed that the region in which the proportion of illegitimate children is the greatest.§61] PHYSICAL INFLUENCES 309 time of in Catholic countries people are not married during this the year. as we know. the focal point of every spread of imitation.'' Will anyone pretend that if the number of illegitimate children increases in France." The latter "depends almost entirely upon social conditions. ' "Recherches statistiques sur la tendance a la moindre fecondite des manages" (Helsingfors. twelve out of every one hundred births (even nineteen in the Department of the Seine). 1887. ' and this is so." far The cause of these differences is thus more an economic than a physical one. being found to coincide in our day. ." says Lagneau (" Dictionnaire encyclopedique des sciences medicales")." Can we not say as much with regard to criminality.

and where those who have more than three or four children are "like an apple tree without apples. . but only up to a certain point. and owed to the discovery of America or of various islands in the ocean and to the conquest of certain American or insular territory the tenfold increase of their population over-seas. In a country such as China. a discovery of new territory. beyond a doubt. Italian." the population ridiculed. the age of the highest is number of marriages and cases of paternity thus determined by means of sociological causes. where it is only considered proper to marry after the age of thirty at the youngest. However. As a general thing. It suflBces if [§ 61 there a conquest. This means that if ease. in France since 1850. with relation to the average age of married persons. either in so far as births and marriages are concerned. But when ci\41ization thus takes it upon itself to advance the age of unions. that the degree of civilization plays a preponderating part among the determining causes of the average age ^ at which persons marry or have the greatest number of children. artificial needs. as the author cited points out. prevail in this respect over natural impulses. averaging twentyfive years. "The children. foresight on the other hand causes them to have fewer in their prolificness. in the case of births and marriages. The age of the greatest delictuosity. why should not the age of the highest number of crimes also be determined in this same manner? The increasing precocity of our young assassins is a very fitting thing to confirm this opinion. Portuguese. chiefly international statistics. customs.^ to awaken from its lethargy the most sterile nation and even to make its old people become prolific. or a new article of food. causes people to marry sooner. ^ and the discovery of the potato caused a rapid increase in the population of Ireland. it is the one which is shown by statistics. and the former ordinarily accompanies the latter. Since 1840 in England marriages have gradually become more precocious. Reasons of an economic nature. the progress of civilization delays the age at which the takes place. phase. ideas. it does not for this reason cease to cause matrimonial crisis of life a decrease new This accounts for that apparent paradox in this decrease of prolificness keeps abreast of the precocity of marriages" (Tallqvist).310 sive periods of prolificness is CRIME and unprolificness. unless If they are pitied. we know. of parents. or in so far as crimes are concerned. in Sweden and Norway since 1861-1865. which is furthermore shown by statistics. varies greatly ^ from one country to another and from German races have The Spanish. where people are astonished if a man of twenty is not married and where they are in the habit of saying that a man without children is evitably increase must inmore rapidly than in France. and of criminals. If there is one influence which seems to be exclusively physiological. English.

as compared with the others. in England. is view of the becoming example that of the seasons or of the time of day. in becoming perfected. births. the proportion of offenses committed by minors it under the influence of education. In certain respects. let us observe in passing. eight in Italy. this age. found to be less and less sensitive to physical influences of this order. seasons.. instead of not taking them into account at all. that. it is none the less true that neither industry nor agriculture. the current prejudice as to the reputed retarding temperament of northern peoples. are themselves also recast and completely changed by surrounding society? I might seek for the proof in the fact. and this is all the more unfortunate for us. which has been partially established. the difference between the number of journeys by day and by night. The proportion of persons imprisoned who are minors. from the past to far lesser influences. has become less since the substitution of locomotives and steamboats for stage coaches and sailing vessels. But let is us add that decreasing. But this is only partially true. marriages. absolutely contradict. ten in France. when we see a masked and often can we doubt but that itself natural influence as strong as that of age altered by causes of a social nature. Although industry taken as a whole is less dependent upon rain and fine weather. in France.§61] PHYSICAL INFLUENCES 311 one period to another. and twenty-seven in England. and in conforming to indications shown by climates. from the country to a town. and under this head shows less strongly marked variations. continues to increase. There comes a time when a civilization having reached its zenith finds an advantage in not doing violence to the nature of things. the con- trary might be upheld. how the present. for Now. Civilization has a tendency to advance and race seems here not to play at all an important part. The curve of travel. is two in Prussia. have a tendency each day to free themselves more and more from these external conditions. for example. and upon geographical and geological peculiarities. in passing from surroundings which are less densely populated and less civilized to surroundings which are more densely populated and more civilized. although this might be quite possible. crimes. . than agriculture. whereas. and the time of day. These last two numbers. is etc. twenty in Belgium. in decrease in the prolificness of marriages in France. because the proportional number of minors. smaller in our country. the curve of suicides. between the number of journeys in winter and in summer. out of one hundred of all ages.

the more marriage and paternity become artiand become clothed with the social livery. Only. the more does make its what it creates. Is this as much as to say that the influences of temperature and vegetation have decided that there shall be a fight? Paper mills are situated on the banks of streams. the more the building industry develops. From this fact there arises a more frequent repetition of certain offenses in certain seasons and But this does not in the least prove at certain times of the day. Furthermore. beg and steal during the season of fine weather. decrease. and statistics show this salutary change. for ex- ample. the more does it take into account climate. in the matter of crimes? The more the offense becomes an industry. the better does adapt to accidents of soil and to meteorological and other circumstances. iron works in the vicinity of veins of iron and coal. itself the more the art of war progresses. the more do the clever thieves. Is this not the same. know how to await the hour. and the fierce murderers themselves. are the natural conditions of a happy union and of an advantageous heredity taken seriously into consideration. the more. beyond a certain point at least. attested by the statistics of the number of recidivists.312 Far from it. that the season and time have been accomplices or fellow-perpetrators of these crimes. perhaps. to conform in this manner to nature is to adapt nature to one's ends and to oneself. and to have himself arrested in autumn or in the winter? Wars take place in the springtime with far more regularity than do murders in summer. and a clever industry. From the middle of the present century. and its operations subordinate to the weather and the nature it of the soil. and it does not by any means follow that nature plays any part in industrial works. [§ 61 it the more agriculture progresses. northern or southern exposure. what I am now saying will be all the more true as the proportion of professional or habitual crime shall increase and that of accidental crime shall But the movement in this direction is. the place. CRIME processes. with far more . etc. Where is the professional vagabond who does not so arrange as to rove about. unfortunately. whose regular and universal increase is one of the most serious facts of our present times. and the season which are most favorable to their plans. almost everywhere in France the benefit of getting married a little earlier in life has been appreciated. ficial In the same way.

strange sight. if sexual inclination results in the procreation of children. and in proportion as incredulity wins him over. and it is even noticeable that. swindling. Thus the is criminologists misstate their problem. and which buys large family itself which can every luxury. commit all the offenses he could commit. Neither does a family have. taken by itself. whereas there no such force which drives us directly to crime. society. pression of the action of a cause or several causes of a restrictive nature. on the average. Thus the number of the children of a nation. and only obeyed the dearest wish of his being. nor does a man.§61] PHYSICAL INFLUENCES 313 regularity than knife blows are localized in southern Italy or is it any the less true that industry is a thing essentially and not physical in so far as its causes are concerned? social If we may be permitted to do so. he ought the more greedily to seek to live again in his sons because he is no longer given any other means of surviving himself. Similarly we have an innate desire for well is distinction being which. enhghtened. under the pretext that there is a natural force which drives us directly to paternity. is active. we will again for a moment compare the birth rate and criminality. and abuse venge. It of confidence. Perhaps the analogy which I have established will be rejected. impel us any less to adultery than it does to paternity. also indirectly. but all which always more it has not all the support. and the number of the crimes and offenses of a nation as well. of a society artificial needs which If. even the worst recidivist. it is not this object which it has primarily in view. is that of a wealthy. but why it shows only this number of offenses. all the children it might have. in may lead us to commit murder for the sake of re- quite certain that sexual inclination does not. the desire to perpetuate himself. logic ought to advise him to follow a different line of conduct. are an ex- Spain. as the dream of posthumous immortality haunts him less. may lead us into theft. The question not to discover why such and such a nation shows such and such a number of offenses at such a date. Not one natural impulse suggests to us the desire of becoming a father. however. except that of a in offenses. impelling us less and less towards A paternity. it draws us more and more towards adultery. and prosperous children and more prolific the children. the individual listened only to himself. But the . But this is fallacious. certain cases. let sterile in me parenthetically remark. is and an innate feeling of pride which.

having a high birth rate show the reverse. scientifique. raises the general question as to if it be examined thoroughly. . easy to formulate the law of criminality. as compared with one another. have revealed to Tallqvist a continuous and complete correspondence between the relative prolificness of marriages and the relative number of savings bank pass books and of foresight — as fire insurance policies. and in the Department of the Seine. means of the following figures.314 CRIME [§ CI contagion exercised by surrounding examples. his foresight enlarges without ceasing. as it increased. in eighteen Departments where the birth rate is still lower the proportion is 202. The increasing sterility of marriages also accompanies the progress of learnLet us add that since 1872 even the number of marriages has regularly decreased in France from 8. In Guerrys large atlas (Moral Statistics) we notice especially that the English provinces with a low birth rate show a pronounced increase in the number In France this increase is expressed by of offenses committed upon property. etc. it extends to all the many caprices which he has to satisfy. I have defined it — seems to him. The French Departments as compared with one another. in philology. ought to be reckoned among the principal causes of both of these phenomena. but it does seem that the increase of artificial needs suggested.8 for every one thousand inhabitants to 7. the proportion of crimes against property becomes 175. but it never ceases to be- come shorter. in fifty other Departments where it is less. is so strong that it makes him forget even this fundamental wish. the progress to account for these various similar effects. science. by artificial pleasures. The same thing accounts for this. the expression of foresight directed towards the pursuit of well being. and the provinces of Europe as well. Now ^ A similar cause. and the increasing concern of satisfying them. must. and one might say that a modern society has all the children which it can It is not so support.4 ("Revue ^ the discussion has revealed the pre-eminence of the "social facing. with reason. for over one hundred crimes against persons. 1890). we have 135 crimes against property.^ countries hav- ing a low birth rate seem to be distinguished by more crimes countries against property and fewer crimes against persons. but is limited by the horizon of his short life." 2 March 8. greed. the proportion is 445. where the birth rate is the lowest. what part played by these agents within the entire compass of social This is a many-sided problem which is reproduced with However. have increased the population. This is very significant. once it has supported all its artificial needs. In the eighteen Departments in which the birth rate is highest. number of thefts and decreased the numbers of the The is question of the "physical factors" of an offense. we can say that variations in law.

In any event the delusion of characterizing each human race by means of a language or a family of languages which is peculiar to this race has been completely dissipated. 1888. whether relatives or 1 WTiile on the subject I will say with regard to this that I do not know why the bad habit has been formed of construing philology as being foreign to sociology." But nothing could be more than this appeal here made to the exact a tendency to overthrow even the pretension to account for the majority of the phenomena in question by There means of ethnological influences. finds liimself compellefl greatly to extend. laws of habit down by philologists." in the sufficiently to "Revue philosopiiifiue" of October. Again. are to be accounted for by means of this general tendency. it will be seen that the laws of details laid laws. Montesquieu has once and for all been any one branch of human activity which is favorable to the development of his point of view. and those laws of phonetics which are so precise. as he has attempted to show. Ascoli — for is concerned. If. entitled. and the many others. those of Grimm for example. phonetic and of analogy.^ as this complex system of articulations and sounds is the most unconscious of the modes of action by means of which our energy is this point If On there is expended. "L'P^volution phonetifiue du langage. to extent and to its greatest depth. an Italian philologist. which plays so vital a part in the formation of the life of languages first and then of religions. it is assuredly not the Law. philology had been made a part of sociology. . When the principle of its fullest imitation shall have been applied to languages. insufficient is for this sort of explanation ^ — speaks have of "philological isothermal lines. but my way of tliinking. It would clearly have been seen that the moment when a man speaks is that in which he associates himself. On this Italy seems to a marked predilection vague and sciences.§61] tors. which has not yet been done. either to imitate others. the danger of treating social science from a naturalistic point of view would have been avoided as well as that of confusing things which are social with things which are vital. the principle of imitation as the not key to the still interpretation of philological phenomena." PHYSICAL INFLUENCES 315 overthrown. The author. like many philologists of that time. by certain conformations of the throat and the mouth which are peculiar to certain races. there have been frequent attempts to explain by means of thermic. and thus this would have led to a recognition of the fact that the elemental and essential factor is imitation. expressly and consciously. which is eminently social. but Language. the phonetic changes. it being in our opinion the foundation of the former. ^ See an interesting work by Bourdon. hygrometric. and climatric differences. that by reason of their very strictness they recall the laws with which the physicist subject.

according to this hypothesis. first of all to the combustion which takes place at the point of the ray's departure. and which day by day is circulated among the entire nation when imitation deigns to take it up. according to the mode of deification invariably suggested by the peculiarities of his hereditary and specific instincts. But the laws of this philological refraction. If logical all such has been or ought to be the fate of the principal physioand biological explanations even in the matter of language. is to imitative passiveness. at the most the flora and fauna of his habitat. — to connect the diversity of gods. of myths. that they have no chance of being reproduced and propagated unless the upper classes and the great cities adopt them. as being cause and effect. the more should we set of law. to imitate oneself. on the other hand. of industry mythologists did not fail — just as and them to one side in matters of religion. In passing from the south to the north or the north to the south. whether consciously or unconsciously. This naturalistic point . are we to believe that they are chiefly physical and vital? No. and of crimes as well. however exact they may be. if we stop to realize that. or from a Celtic mouth to a Grerman mouth. no more give the key to the formation of languages in its essentials than do the laws of optic Light is due refraction the formula of the formation of light. As to the causes of each phonetic or grammatical variation which takes place consciously or unconsciously. and then to the vibratory' elasticity of the ethereal medium which produces its expansion into rays. studied under no matter what aspect.316 CRIME [§ 61 strangers. from a Latin mouth to a Celtic mouth. almost like a ray of light is refracted in accordance with such and such an angle by passing through such and such a lens. This combustion is to this elasticity what inventive force in our societies. a language becomes refracted by the regular transmutation of such and such consonants into such and such other consonants. and once the impulse has been given. or on the other hand. The first the first philologists and criminologists art. and. on the one inventions hand. at its focus. would only have known how to deify the familiar or peculiar atmospheric phenomena. a thing which leads to mechanical habits of speech and to the analo- gous simplifications which result therefrom. and of rites with that of climates and races. The religious man. this incessant production of is little philological due to accident and to the intensity of social life.

after all.§61] of PHYSICAL INFLUENCES 317 view is discredited. It might also have been noticed that the constant. is. to systems which perceive in the human god the incarnation. assuredly. that every striking. It has thus. is developed and becomes prolific. giving free still servilely attached to physi- way to imitation-fashion. Or else. of imitation-custom. has not Taine's theory as to the combined action of and time. at least of an invention. such as defeats or conquests. which has this much which cannot be denied. and. or to that euhemerism of Spencer. rising. from chmate to cHmate. to an entirely historical explanation of the succession and the transformation of religions owing to accidents which have taken place in the past. universal passing from rehgions of castes to religions of proselytizing. and that every glorification pushed to extreme is an apotheosis. . it has been found inadequate to account anything more than the varying accessories of a given theme. finally and as a general thing. every teacher. for example of that great and fruitful primitive invention the domestication of animals. given way to theories which have continued to be sociological. no more than an application to criminality. a talent sufficient to bring to light the physical influences which affect the evolution of sculpture and painting. from the closed phase to the open phase. to imitation and triumphant. if not of an inventor. moreover. little by little. which are perhaps his masterpieces. eruptive personage. of imitation ological heredity. or rather in each one of them. no more than one of the forms assumed by that great social fact. either to that theory which makes of the mythologies a morbid excrescence of languages. and especially for the social conditions under He which it appears. in his latest historical originator of this law works. symbolized in the worship of the cow. is. race. been able to satisfy the requirements of historians? Because the who. or the struggle between or mingling of different civilizations. which we shall deal with later of the generalized about it on. every inventor brought to light is glorified. has shown a talent worthy of admiration in his philosophy of Art. and has been due to social for causes entirely. has been careful not to make any use of it has not reserved a sufficient part for in- — — dividual and accidental genius. in the last analysis. which has remained ever the same throughout its passage from race to race. Or again. a theory of which Ferri's law of three Why factors climate.

having possession of that sea. in every civilization. its art only flourished during the period of its political and commercial greatness? The prosperity of printing in Holland in the seven- teenth century must also have some apparent physical explanation to account for it. to go back to the theory of Montesquieu. in its intermittent outbreaks. a society having just completed its vintage of discoveries and inventions brought in from all sides. does what he tells us about the characteristics of the Dutch school of painting in its palmy days. If the geographical circumstances had in history the hereditary importance over the development of peoples which historians attribute to them as a general thing. which has again been taken up during the last few years in so talented a manner by MougeoUe. the ebullition which reveals and is an auxiliary of this work So long as this phase of the autonomous development of societies. They should have taken They should have done this. navigation seemed necessarily to offer to them the only means of transportation. Well. However. like all the others. for their fermentation it endeavors artist. Because they did not have the good fortune to think of a few of the inventions necessary for navigation. 1 One word more. the climate of Holland having remained the same. utilized far less. the inspiration to be derived from the surrounding fauna and flora are. than those derived from religion. At the same time. it impedes it. It is within. — — by the but the source of art does not lie in this. tell us the reason why. — — to substitute that of disturbing elements. at the time when. when the civilizing elements are not in accord. Crimiwithout making mention It also breaks also has its special time. and the inhabitants of London were. becomes ripe. of its habitual course. in spite of all this they did not navigate. . and which to flock to it? ^ caused so many eminent minds Artistic expansion. the ancient Mexicans and the ancient Peruvians being inhabitants of the sea coast and possessing a great expanse of sea coast must have been essentially a maritime people as the Carthaginians. assuredly. absolutely no beasts of burden. lasts. all the more because. Note that the Mexicans should have explored in the interests of commerce (and they were traders at heart) that "American Mediterranean. nality." as the sea of the Antilles is called. the fermentation of these civilizing elements. out in times of crises. Only. but is not its true cause the freedom of thought of which this nation enjoyed the monopoly at this time.318 his theory CRIME [§ 61 might have seemed to have free play within this domain. the Venetians. in no matter what latitude. Why? The answer is simple. instead of working towards the harmonizing of these elements. they knew nothing of navigation. begins. in order that they may agree.

At the same time. in spite of the unceasing renewal Classified from the point of view of greater or lesser stature. the proportion of persons of same at various periods urement of conscripts. among from birth break out according to a numerical proportion which remains practically constant. that there should be. but this difference is not dependent upon race. it is necessary that at each moment of time there should be a certain number of generous natures and a certain number of perverse natures. may well a more perfect social organization should one day to account certain native perverse tendencies. whether of social or other origin. for example. as has is not the been proved by the measFurthermore. result of many fusions. the various categories which make up a population. happen that come to turn Finally. and also. is The proportion homicidal natures than it is in Milan and Bordeaux. These are natural compensations. if we go dangerous of back to causes. just as Corinthian brass) would larger in Corsica Sicily and actually furnish a quite different contingent if the clan spirit and the mafia had not for a long time past fashioned these races after its own image. during each moment of time. less organically only felt predisposed to feel it. (IV) Physiological influences. or if the ideas prevalent on the Continent which are hostile to this spirit had for several centuries past. when we look into the matter more closely. penetrated to these islands. a determined number of giants and a determined number of dwarfs. as has been shown by Quetelet. Race and What general makes has just been said with regard to physical influences in it permissible for me to say but a few words about is physiological influences in particular. they form a hierarchy which is no less invariable. the Corsican race. organization has allowed of the employment it of conscripts of a stature formerly judged to be too small. 319 sex. it would seem. by individuals who are more or and the regularity of the figa given race. Classified from no matter what other point of view. of time. Incitement to crime. It is therefore necessary. just as a better military smaU stature. these predispo- ures of statistics sitions show us that. we natures is shall find that the proportion of the effect of historical antecedents.§ 62] PHYSIOLOGICAL INFLUENCES § 62. of the population. are divided into proportions symmetrically arranged about the average height and almost invariably reproduced. the Sicilian race (a very complex metal moreover. . and not but yesterday. we perceive slow movements under this apparent immobility.

320

CRIME

62

This consideration greatly weakens the bearing of an objection formulated by Ferri against Colajanni. "It is evident," he tells us/ "that as between the northern provinces and those of the
south, of Italy, for example, the difference in social surroundis the difference between the fremost serious crimes against the person. From this it follows that the great difference between these provinces with regard to bloodthirsty crimes cannot be due to anything, for the most part, excepting climate and race." That which

ings

is

not so enormous as
of the

quency

Ferri here calls the race, just as so

many

other writers do,

is

nothing but the result of history, the accumulated legacy of social habits which have passed into the blood. It is certain
that there
actually,
is

no more powerful physiological influence upon
that of
sex.

criminality than

Criminality

among women

is

and not merely apparently, very much less than it is among men. Taking an equal number of their respective population, according to the official report of 1880, the men number annually five times as many accused as the women, and six times
as

many
It
is

apprehended.
instructive to

compare with this result that furnished by Marro, according to Theophile Roussel, upon the comparison of punishments incurred by boys and girls in their respective schools. Out of a hundred boys, nine or ten are punished for larceny; out of a hundred girls, not one. Out of a hundred boys, fifty-four are punished for quarrels accompanied by acts of violence; out of a hundred girls, seventeen. The thing which effectively shows us the innate moral superiority of woman is that this endowment is manifested chiefly during her minority and in rural surroundings, that is to say, before she comes in contact with the masculine contagion which perverts her during the course of her life, and especially of an urban life. In fact the result of English statistics as to the number of minors and adults of both sexes, sentenced from 1861 to 1881, is that, among minors, the criminality of the girls was about one sixth that of the boys, and that, among adults, that of the women was a half or a third that of the men. According to Mayr, the statistics of Bavaria

show that the participation of women in offenses is larger among But at the same time, urban and more dense populations. do not the figures prove that the physiological influence which we are dealing with, in spite of its singular and undeniable
^

"Archives de

1'

Anthropologic criminelle," January, 1887.

§ 62]

PHYSIOLOGICAL INFLUENCES
itself
^

321

power, has a tendency to be
social influences?

masked and neutralized by

Let us observe, with regard to this, one of the peculiarities of Computed to cover a period of ten years, the number women killed by lightning is found to be approximately one of Is this due to the half that of men killed in the same manner. more sedentary, more domesticated life led by women? In any event, this cannot be dependent upon anything other than the peculiarities of their social life, and cannot be dependent at all,
statistics.

I

assume, on their physical

life.

To sum

up, the fact revealed

by

statistics

that certain seasons

or certain climates coincide with a certain recrudescence or a certain

decrease of certain crimes no more proves the reality of the physical
causes of crime than does the fact revealed

by anthropology

of

a greater recurrence of ambidextrous, left-handed, or prognathous persons

among

malefactors prove the existence of a criminal
^

type in the biological acceptation of that word.

conclusion cannot satisfy us

explanation of
find

But this negative and the physical or physiological crime having been set aside, we have now to show
;

along what lines the laws of crime are to be sought.

We

shall

them

in a special application of the general laws

which appear

to us to govern social science.
Between the criminality of men and that of women the distance is greater and less in England, greater in the country and less in cities. Messedaglia accounts for the first result by means of the more active participation of the English
^

in Italy

woman

Colajanni is of the opinion that economical conditions, in public life. here as everywhere, play a predominating part. In this he might very well be mistaken. Truly from this point of view the fate of woman is not worse in Great
Britain than in Italy, nor in cities than it is in the country, where the housewife has to undergo so many privations. The difference in ideas seems to me to be of greater importance; for example, we must not forget that the relative religiousness of woman as compared with man becomes less in proportion as she becomes civilized and urbanized. Perhaps this is why to a certain extent, although she gains more, at the same time she becomes demoralized at least for a time. ^ With regard to this great insufficiency from the naturalistic point of view, of the explanation by means of race or climate, I will refer the reader to the substantial and conclusive demonstrations collected by Colajanni in the two volumes of his "Sociologia criminale."

322
2.
§ 63.

CRIME
Preponderance of Social Causes

63

(I)

The tendency towards imitation, its force and its forms, its study by means of the phenomenon of crowds. How a suspicion soon becomes Genesis of popularity and impopua conviction among a crowd. The spirit of sect and the spirit of the group. The group, as larity.
well as the family, a primitive social factor; double origin of societies.

Before anything
ous, action of society,

else,

we ought summarily

to define

and ana-

lyze the powerful, generally unconscious, always partly mysteri-

by means of which we account for all the phenomena namely imitation. In order to judge of its inherent power, we must first of all observe its manifestations among idiots. In them the imitative inclination is no stronger than in ourselves,^ but it acts without encountering the obstacle which is met with in our ideas, our moral habits, and our wishes. Now, a case is cited
of

an

idiot

^

who

"after having taken part in the slaughtering of

a pig took a knife and attacked a man." Others carry out the imitative tendency in setting fire to buildings.
All the important acts of social life are carried out under the domination of example. One procreates or one does not procreate, because of imitation; the statistics of the birth rate have shown us this. One kills or one does not kill, because of imitation; would we today conceive of the idea of fighting a duel or of declaring war, if we did not know that these things had always been done in the country which we inhabit? One kills oneself or one does not kill oneself, because of imitation; it is a recognized fact that suicide is an imitative phenomenon to the very highest degree; at any rate it is impossible to refuse to give this character to those "suicides in large numbers of conquered peoples escaping by means of death the shame of defeat and the yoke of the stranger,
like that of the Sidonians

who were defeated by Artaxerxes Orchus, by Alexander, of the Sagontines defeated by Scipio, of the Achaeans defeated by Metellus, etc." ^ After this how can we doubt but that one steals or does not
of the Tyrians defeated

one assassinates or does not assassinate, because of imitaBut it is especially in the great tumultuous assemblages of our cities that this characteristic force of the social world ought
steal,

tion?

^ As a general thing, as we know, it is not impulses which are strong in the case of the insane, even in the case of those who are called "impulsives"; but it is the brakes within which are weak. * "La fohe hereditaire," by Saury.

*

"Le

suicide dans I'armee,"

by Mesnier.

§63]

TENDENCY TOWARDS nnTATION

32S

The great scenes of our revolutions cause it to break out, just as great storms are a manifestation of the presence of the electricity in the atmosphere, while it remains unperceived though none the less a reality in the intervals between them. A mob is a strange phenomenon. It is a gathering of heterogeneous elements, unknown to one another; but as soon as a spark of passion, having flashed out from one of these elements, electrifies this confused mass, there takes place a sort of sudden organization, a spontaneous generation. This incoherence becomes cohesion, this noise becomes a voice, and these thousands of men crowded together soon form but a single animal, a wild beast without a name, which marches to its goal with an irresistible finality. The majority of these men had assembled out of pure curiosity, but the fever of some of them soon reached the minds of all, and in all of them there arose a deHrium. The very man who had come running to oppose the murder of an innocent person is one of the first to be seized with the homicidal contagion, and moreover, it does not occur to him to be astonished at this. There is no need for me to recall certain never to be forgotten pages of Taine's dealing with the fourteenth of July and its consequences in the provinces. ^ How can these things be so? In the
to be studied.
^

most simple manner imaginable.
organized.

The manner

in

which the
it

mob

acts shows us the force under the domination of which

became

Let us imagine ourselves carried back to the time of blouse, crossing a square, passes close to an over-excited crowd; he looks like a suspicious person to someone. In a moment, with the rapidity of a conflagration, this suspicion spreads, and instantly, what happens? "A suspicion is enough, all protest is useless, every proof is a delusion; the conviction is profound.'^ ^ Supposing that each one of these people had been alone in his own house, never could a mere suspicion in the mind of each one of them, without proofs to support
the

Commune; a man wearing a white

^ Of course, it necessarily follows that these men assembled together should resemble one another on some essential points such as nationahty, reUgion, social

class.
^

Read again what
295
et seq.).

is

said about the massacres of

September ("Revolution,"

vol. rV, pp.

Among

the Septemberists

intentions are seized with vertigo at the contact of

"some having come with good the bloody whirlwind, and, by

a sudden stroke of revolutionary feeling, are converted to the religion of murder. A certain Grapin, delegated by his section to save two prisoners, sits down beside Maillard, and passes sentences with him during sixty hours." There must without doubt also have been many such men as Grapin during the night of St.

Bartholomew.

Maxime du Camp.

324
it,

CRIME

63

have been changed into a conviction. But they are together, and the suspicion of each of them, by virtue of imitative force, keener, and acting more promptly in times of emotion, is reinforced by the suspicions of all the others; the result of which ought to be that, from being very weak, a belief in the guilt of the unfortunate fellow suddenly becomes very strong, without the shadow of an argument being necessary. Reciprocal imitation,

when

it is

exercised over similar beliefs, and, generally speaking,"

over similar psychological states, is a true multiplication of the intensity proper to these beliefs, to these various states, in each

one of those who feel them simultaneously. When, on the contrary, in imitating one another, several persons exchange different states, which is what ordinarily takes place in social life, when, for example, one communicates to the other a taste for Wagnerian music and in return the other communicates to him a love for realistic fiction; these persons no doubt establish between themselves a bond of mutual assimilation, just as when they express to each other two similar ideas or needs which take But in the first case, the assimilation is, root in this manner. this is for each of them, a complication of their internal state and in the second case the essentially an effect of civilization assimilation is, for each of them, a mere reinforcement of their

Between these two cases there is the musical interval life. between unison and a chord. A mob has the simple and deep power This explains why it is so dangerous to associate of a large unison. too much with minds which reflect one's own thoughts and one's own feelings; in doing this one soon arrives at the sect spirit, which is entirely analogous to the mob spirit. The war madness, that intermittent attack which peoples suffer, can be accounted for by means of the preceding statements. In a country in which civilization has multiplied its relations,
inner

that

is

to say developed imitative force, thirty or forty millions of

men

are exchanging their fancies and their conceptions, their

passions
in this

and

their desires.

The

irmer state of each one of

them

way becomes

complicated, as a consequence of the dissimi-

larity between classes, interests, habits, and minds which have a tendency to become fused together. From this there result the ardor of cupidity, the fever of luxury. But at the same time, upon one point, their inner state ought merely to be reinforced by their being brought into contact with one another; namely in that which touches the feeling which a hostile nation, or one reputed

§63]

TENDENCY TOWARDS IMITATION

325

to be such, inspires in them.

This hatred, as compared with all the other desires put together, would be extremely weak in each one of them if they were by themselves; but it is common to all;

they express it to one another; the imitative reinforcement must thus be exercised over it in particular and give rise, from time to time, to sublime or extravagant outbursts of patriotism which, in the very midst of a world of reason, to the great surprise of the
wise, break out with a force in proportion to the progress of civih-

Why be astonished at this? It is inevitable.^ Let us return to the phenomenon of mobs; it is interesting from the point of view of social embryology, because it shows us by what means a new society has been able, and often has been
zation.

compelled, to spring into existence outside of the family; I do not say maintain itself, once it has come into existence, without the aid of the family. There are, we say, two distinct germs of

the family and the mob; and, according as it shall have had one or the other as its principal source, as it shall have increased in its course by affluents derived from one or the other of
societies,

them, a nation
acteristics.

will clothe itself

with absolutely different char-

doubt the two origins resemble each other in many ways. In both cases, the society is the product of a suggestion, and not of a contract. A contract is the meeting of several wills born independently of one another, and which have happened to agree; a pure hypothesis. A suggestion is the product of wills which are born agreeing with the superior will from which they proceed; such is the primitive social fact. Every mob, like every family, has a head and obeys him scrupulously .^ But the super1 The elective genesis of the most inexplicable popularity and unpopularity another excellent example of the part played by imitation in social life. When several successive elections take place with regard to one man or one idea, the vote of one Department manifestly carries that of another, and the enthusiasm for or against is as irresistible as a rising tide. After having been favorably regarded many times, the most ordinary man appears to be a great man and everywhere encounters the sincere enthusiasm of people who did not know him, but who heard him greeted with acclamation around them, also sincerely by a crowd to whom he is just as much an unknown; or else it is just the other way, he is suspected, then spumed, and then treated like the very worst scoundrel and the indignation which he inspires in honest property holders for no apparent reason would go as far as murder, should he be so unfortunate as to show himself before them. The history of " Boulangisme " is very instructive in this respect. ^ One can see in these remarks in "Etudes sur les raoeurs religieuses et sociales de I'extreme Orient," by Alfred Lyall (Thorin, 1885) how, even in India, where the tie of blood seems at 6rst sight to be the only social bond, the prestige of a celebrated individual, of an ascetic famed for his austerity, of a dreaded brigand, suffices to rally around him a clientele of companions and to form a new caste.

No

is

326
stitious

CRIME

64

ancient household

and constitutional respect of the son for his father in the is one thing, and the infatuation of a day aroused
of riots
is

by a leader
spirit,

quite another thing.
rural,

When

the family

dominates in the social life, imitation-custom reigns there exclusively, with that majestic particularism and serenity which were characteristic of the Egyptian and the Chinese world; when the mob spirit takes its place,

whether agricultural or

imitation-fashion effects
lations of vast extent
of time.

its levelings

and

its

changes,

its

assimi-

and

its

transformations in short periods

In the country the family-society predominates, the is only kept up or increased by means of the domestic peopling; in towns the mob-society predominates, from all sides come people detached from their home and confusedly brought This is partly why I thought it best to attach so much together.
population
importance, in the preceding chapter, to the distinction between

urban brigandage and rural brigandage. It know whether the inclination to crime is the

is

not immaterial to

fruit of

a bad family

education or of a dangerous companionship. It is always either a family, or a sect, or a cafe full of comrades, which drives to

crime the individual who is wavering; and, in this last case, the enthusiasm which carries him away recalls, to almost the very highest degree, the popular current which drives a rioter to commit
murder.
The laws of imitation. Men imitate one another in proportion as they are in close contact. The superior is imitated by the inferior to a greater extent than the inferior by the superior. Propagation from the higher to the lower in every sort of fact: language, dogma, fur-

§

64.

(n)

niture, ideas, needs.
tocracies, today capitals.

The

great fields of imitation;

formerly arislatter.

Similarity of the former

and the

we

After these few words as to the force and the forms of imitation, must set forth its general laws, which must be applied to crime

as well as to every other aspect of societies.
this

But the

limits of

work

will only allow us a brief indication of the subject.

We

that the example of any man, almost like the attraction of a body, radiates around himself, but with an intensity which becomes weaker as the distance of the men touched by his
already

know

ray increases. "Distance" should not here be understood merely in the geometrical sense, but especially in the psychological sense of the word; the increase in the relations established by correspondence or by printing, of the intellectual communications of all kinds

§64]
between

THE LAWS OF IMITATION
fellow-citizens scattered over

327

a vast territory, has the between them. Thus it may happen, let us repeat, that the honest example of an entire surrounding but distant society may be neutralized in the heart of a young vagabond by the influence of a few companions.
eflPect

of diminishing in this sense the distance

From
view,
still

the economic, philological, religious, and political point of
it is

the same.

In the vicinity of the largest

cities

there are

to be found villages, having but slight relations with them,

where the old needs and the old ideas are preserved, where they
order their cloth from the weaver, where they like to eat brown
bread, where they speak nothing but dialect, where they believe
in sorcerers

and witchcraft.

.

.

.

This consideration must never

be

lost sight of.

Now

instead of taking each example

by

itself, let

us examine

the connection between several examples and
the result of the exchange.
despised an individual
First of
all,

let

us seek to find

however mean and however

not

him does stamp the highest and the proudest persons with a We have the proof of this certain vague tendency to copy him.
be, repeated contact with
fail

may

to

in the contagion of accents; the proudest master,

if

he

lives alone

in the country with his servants, eventually borrows
their intonations

some

of

and even

of their phrases.

It

is

thus that the

But, just as in coldest body sends heat to the hottest body. reahty the heating of the hot body by the cold body is approximately nothing if it be compared with the great heat imparted to
the cold body by the hot body, similarly one can often ignore, the more often even, in our societies, the impressive action exercised

by the example

upon

adults, of the laity

of the theocracy), of

ous upon the clever,
the patricians
provincials
(in

upon their masters, of children upon the clergy (in the prosperous days the ignorant upon the literate, the ingenuthe poor upon the rich, the plebeians upon
of slaves
cities, of

the prosperous period of the aristocracy), of the

inhabitants of the country upon the inhabitants of

the

upon the Parisians, in a word, of the inferior upon the superior, and only take into account the opposite action, which
is

the true explanation of history. There is during every period a recognized superiority, sometimes wrongly recognized as such. It is the privilege of the man who, richer in needs and ideas, has more examples to give than he has to receive. The unequal

exchange of examples, such as it is governed by this law, has the effect of causing the social world to progress towards a leveling

328

CRIME

64

state which may be compared to that universal uniformity of temperature which the law of the radiation of the heat of bodies has a tendency to establish.

sometimes happens, too often in fact, that the political and is found in the hands of the nation or the class having the fewest civilizing examples to show. In such a case as this, the class or the nation which is in subjection, believing itself to be superior to the one which rules it, limits itself to a submission but refuses to be assimilated. This is one of the frequent causes of acts of oppression and of bloody revolts. For the conqueror,
It

military power

before everything, either wittingly or
to be copied,

unknown

to himself, wishes

and does not believe
is

his victory to be a real

one as

long as this

not done;

so greatly does he feel that imitative

is the very best social action. Also he strives in every manner, by brutal violence or by oppression disguised in some way, to force upon the vanquished, not only his yoke, but his own

contagion

type.
Philip II, for example,

made

use of the former against the

Moors of Andalusia. They were the most industrious, the richest, the most civilized, and not the least faithful of his subjects. But they jealously guarded their national usages, their manner of
dressing, of eating, of living, without allowing the Spanish customs

among them. Everything which was said against them at that time, all the hatred which they inspired in the people and the clergy of the conquering race, arose from this fact. "A
to penetrate
victorious people,"

Fourneron says correctly on

this

subject,

"will always have grievances against those

who

profit
^

laws without becoming absorbed into their unity."
say, against those

by the That is to

who obey but do not imitate themselves. The decrees which Philip II, in 1566, enacted against the Moors
all

to the applause of

Christians,

had

as their real object a

cum-

pulsory imitation by the

Moors

of the Christians in everything

and for everything. "After the first of January following," says the author cited, "the Moors could possess neither weapons, nor
slaves,

nor costumes after their own fashion they had immediately to provide themselves with doublets and breeches, to
.
. .

cease to hide under the habarah and the
' '

shoulders of their
1

f eredjeh the faces and women, who were compelled thenceforward to
'

'

This author adds: "The same repugnance

is

the Jews

the Christians of the Americans of the West."

among

Danube and

against the Chinese

observable even today against among the

§64]

THE LAWS OF IMITATION
. .

329

wear caps and farthingales
see

.

forget their

learn Spanish within a period of six

months

.

.

own language and etc." Here we
.

demented despotism, and we know the sea of blood it caused to flow. But, during the periods and among the nations who boast the most of their democratic tolerance, do we not find a reigning sect, Puritan or Jacobin, pursuing the same object, at bottom, by taking possession of the national education and molding the children in the same form as its own, or simply, without decrees and without battles, by excluding from every branch of their employ, by excommunicating in a thousand ways, anybody who persists in having a style which is not its own? It is none the less true that imitation imposed upon people in this manner scarcely ever spreads, and never sinks in very deep; in other words, it is the social superior, the person with most ideas of a civilizing kind, even when he is distinct from the political superior and opposed to the latter, who eventually prevails, excepting in cases of a radical extermination such as was that of the Moors in the sixteenth century. History abounds in illustrations of this truth. Go into the home of a peasant and look at his household effects. From his fork and his glass to his shirt, from his andirons to his lamp, from his axe to his gun, there is not one piece of his furniture, of his clothing, or one of his implements, which, before having come down to his cottage, was not originally an object of luxury for the use
of kings or warrior chiefs, or ecclesiastical chiefs, then of the lords,

afterwards of the citizens of towns, and lastly of the neighboring

landowners.

Draw

this

peasant into conversation.

You

will find

he has not a single idea on law, agriculture,
single desire,
initiative,

politics, or arith-

metic, a single sentiment of family or patriotism, a single wish, a

which was not originally a peculiar discovery or propagated from the social heights, gradually down to his low level. His language, the French which he is beginning to speak correctly, is an echo of the neighboring town, itself an echo of Paris just as the dialect which he still speaks (let us assume that

we
to

are dealing with the south of France)

had been communicated

him from the neighboring

castles,

themselves modeled after

the Provenc;al courts, or as he had started to speak Latin after the time of Julius Caesar because the nobility of Gaul had been
eager to copy the language of the conquerors.
of the

His very hatred Old Regime was whispered to him by the leaders of the Old Regime; his need of equality comes to him from the Jacobin

330
clubs which in turn

CRIME
had received
it

64

from the salons of the philoso-

phers where the innovations of Rousseau were discussed by fine
ladies

and clever men. His jealous love of the land comes to him from the great feudal landowners whose soul it was and whom his a ancestors, for centuries, had as neighbors and as masters, twofold reason for imitating them. It is especially in fostering the spread of example that a social hierarchy is useful; an aristocracy is a fountain reservoir neces-

sary for the
enlarged.
If
if

fall

of imitation in successive cascades, successively

industry on a large scale has become a possibility in

our day,
outlets

the diffusion of needs, of tastes, of identical ideas in
it

the hearts of immense masses of people has opened up the vast

which
let

needs,

is

it

not to the old inequalities that

we

are indebted for this existing equality?

But

us beware of thinking that this

movement
is

is

going to

cease; in democratic times the

work

of the nobility

carried on,

and on a
shine

larger scale,

resemble the former.

by capitals.^ The latter in many ways The nobility, in their days of splendor,
and
furgifts

by reason

of wit, luxury, generosity, courage, gallantry,

a spirit of enterprise; they purchase these brilliant
illegitimate births, to vices

by

nishing a larger contingent to madness, crime, suicide, the duel,

and maladies

of every sort.

Capitals

and full of innovation. They show the same egoism and the same insolence; they have a profound contempt for the provinces in return for the profound admiration which they themselves inspire in the former, and treat them in precisely the same manner as the gentlemen of
are no less luxurious, no less ruinous, no less gay

former days used to treat the

common

people,

who were only

too

happy to pay their debts and for their extravagances; they also show a lower birth rate and a higher death rate; and, owing to the cankers which gnaw them, to tuberculosis, syphilis, alcoholism,
^ Conversely, we find the work of capitals carried on by the nobility which they have created and which survives them. Everything is relative in fact, and by capitals we must understand, whether in the midst of the forests of ancient Germany or among the primitive Latins, a borough greater in size than the neighboring villages. Here is bom and is always formed a body of patricians. With his usual penetration, Niebuhr has reduced the fimdamental contrast of Roman history, that between the Patricians and the Plebeians, to the distinction which serves as its source, between "Rome-city" and "Rome-country." This contest, to tell the truth, is the foundation of every history. Each day under our eyes grows the conflict in which we see it assuming its latest form; the electoral duel between the workman and the peasant. It has its source finally in the human organism, where muscle, which rural life nourishes too much, separates and is united to sinews, which the urban life has developed to excess.

§65]

APPLICATION TO CRIMINALITY

331

pauperism, and prostitution, they would inevitably perish if, like every living aristocracy, they were not renewed very quickly by the influx of new elements.^ They maintain themselves by means

Roman patriarchate by means of adopThus the moralist of today, in order that he may predict what the morality of tomorrow will be, should keep his eye on the examples furnished by great cities, just as the moralist of yesterday was right in being concerned with what took place in the midst of courts, salons, and castles.
of immigration as did the
tion.
§

65.

(HI) Application

to criminality. Vices and crimes were formerly propagated from the nobles to the people. Examples: drunkenness,

poisoning,

murder by command.
Pillage

Deliberations of the Council of

Ten.

Counterfeit money.
all this

and

theft.

Let us see how

applies to our subject.

Strange as

it

seem, there are serious reasons for maintaining that the vices and the crimes of today, which are to be found in the lowest orders
of the people, descended to

may

or renascent society

them from above. In every nascent when the producing of wine becomes difficult
is

or limited, drunkenness
aristocracy.
It
is

a royal luxury and a privilege of the

quite certain that the kings of Homer's time

got drunk far more often than did their subjects, the Merovingian

than their vassals, and the lords of the Middle Ages than Even as late as the sixteenth century, in Germany "the celebrated autobiography of the knight of Schweinichen furnishes a proof that the coarsest drunkenness did not dishonor a person of rank." ^ He tells us as a matter of course that, the first three nights after his marriage, he went to bed in an absolute state of intoxication, as did all the guests composing the wedding
chiefs

their serfs.

party.

The smoking

habit, at present so widespread in every sort of

surroundings, perhaps already more widespread
*

among

the people

Just as the nobilities of the Old Regime, democratic capitals today are still In my study on this subject I thought I had shown that the duel had become an essentially urban phenomenon and that except for a few large cities this prejudice would rapidly have disappeared. From 1880 to 1889,
the conservators of the duel.

out of .598 duels among civilians registered in the Ferreus Annual, 491 originated in Paris, according to my reckoning. Of the others, 107 originated in Marseilles,

Ntmes, Lyons, Limoges, etc. No country duel exists, so to sjjeak, just as though honor in the country were of too inferior a kinfl to be deserving of a recourse to arms against the party who offends it. Tlie kind of urban duel which predominates is
the literary duel, a rather inoffensive kind, after
^

all.

"Recherches sur divers sujets d'economie politique," by Roscher.

Vagabondage. as is the epidemic of poisonings which flourished at the proven by court of Louis XIV. it was always customary that no dish should be offered the master without previously having been tasted. taint the air. in Taine's "Ancien regime. impair their health. which in the past. and corrupt the soil. At the table of every king at first. was driven to it less by reason of his poverty than because of the vague delusion that he would to some extent ennoble himself. from 1670 to 1680. where they have begun to combat James I of this passion. with an audacity and a passion hard to realize. 478." ^ The irreligiousness of the masses." of the importance of poachers in the eighteenth century in all the countries where there were forests. "because. under its thousand and one existing forms." says the law. "Histoire du Costume. which today here and there contrasts with the relative religiousness of the last survivors of the old aristocracy. another hotbed of crime. during the Middle Ages and as late as the sixteenth century. is just as much due to this same cause. put a very heavy tax upon tobacco in 1604. has played a part which may be compared with that played by vagabondage at the present time. The Marquise de Brinvilliers is the direct ancestress of the common Locustes of our villages. the wretch who indulged in it by main force. with the noble pilgrims and the noble minstrels of the Middle Ages.332 CRIME [§ 65 than among the socially elect. following the importation of certain poisons by the Italian Exili. but by going back into the past." ^ There are exceptions to the rule. was propagated in the same manner. Roscher tells us. . ^ as late as the upper classes. it would not be very difficult to connect our vagabonds.) still (See Quicherat. Poaching. our street singers. and afterwards of all the principal lords. At this time there were poaching parties in imitation of the great hunting parties of the king. For the very reason that hunting was a feudal privilege. poachers to the number of from twenty-five to fifty often exchanged murderous shots with the gamekeepers. and in this manner served their apprenticeship as brigands. "the lower classes. is still more directly connected with the life of the lords. incited by the example of the upper classes. Poisoning is now a crime of the it illiterate. England. for example that dramatic Ain-Fezza to an end while I case which has just come am correcting the proofs of this page. is an essentially plebeian offense. seventeenth century of the 1 was the crime Pipes were smoked at the court of Louis XIII. One ought to read. p. together with smuggling.

" so much used in Germany and Italy in the Middle Ages. it was many other provinces also that those met. had also (see Voltaire) a great the nobility. like the Corsicans of today. themselves assassinated. everywhere resemble those of the Sicilian or Corsican bandits of our day. Must not murder by bravos. after which the others were modeled. What is more. all brave men. In the sixteenth century. the tendencies of the nobility in backward countries. are sufficient to show us what were in this respect. great vassals. which." out of fear that it might be poisoned. I do not say of its elite in normal times. in every primitive society. for example in 1810. The massacre of St. either from motives of vengeance. especially in Italy.sword was related that of going on horseback in the streets. uxoricide. Lt»t us add it is true terrible extra-judicial tribunals that the extraordinary number of fatal duels or of homicides. . it was their near relatives whom they killed by indication of the upper classes. ^ parricide. properly so-called (for at that time it is hard to distinguish between duels and assassinations in many cases) committed during the sixteenth century and again under the Fronde by is due to a great extent to that monopoly of the right of wearing a sword which was so fatal to them. To the habit of wearing a .^ The evolution of the political assassination is instructive. Italy in the Middle Ages was the nation. Bartholomew is only the best known of the bloody orgies of this time. it has only to punish brigands who have been recruited from the lowest ranks of the people. for example Clovis.) In those days one became famous through the number of bold assassinations one had committed. moreover. for example Baron de Vittaud. This characteristic shows the former frequency of this crime in courts and castles. during the religious wars.§65] APPLICATION TO CRIMINALITY 333 "tried. The further back we go into the past. fratricide. kings. queens. in cold blooded in- It was not only in Auvergne. homicidal influence. thought they had a right. In our day when an exceptional form of justice is brought into play. has been. given up toward the end of the sixteenth century. There were gentlemen of the Old Regime. who were turning to murder owing to the habit of carrying weapons. (See especially "Dues de Guise. princes. preference.'* however pleasant they may have been made out in the valuable account given by Flechier." by Formeron. have been the transition phase which homicide passed through in descending from the highest stratum of society to the lowest? The fact remains that the power to kill. gentlemen. so much so that by forbidding them to do so their criminality was suddenly diminished by three fourths under the Second Empire. and against whom were their forces always directed? Against the bandits of the nobility. the more do the customs of the scum of the nobility. who had outraged her. the heads of republics. even until the seventeenth century. Philip II decorated and ennobled his bravos. but to assassinate him. by "bravi. There was a time when kings. from which was derived the right to kill. . the distinguisliing The "Grands jours d'Auvergne. the king's favorite. not only to kill in a duel their enemy who had been overcome. or for ambition's sake and sometimes through greed. whom the gentle Marguerite de Valois herself went to see at the Augustine Convent in order to confide to him the mission of killing Du Guast..

^ has found in them. Lamansay. of ^ "Revue historique. in a few underground places in towns." 2 Jean-Marie Visconti had bravos of another sort. when men of the State would blush to make this sort of bargain. September 5. that the cruelty of the old justices. to ferocious minds. we know that for a long time it was a royal monopoly. that is to say the great debauches of oflficial homicide called "reasons of State. It is noticeable that the great recrudescences of private homicide. of Tours. and this is the time when regicides and tyrannicides spontaneously spring up from the hot-headed populace. the crime of the lower classes today. from 1415 to 1768. after the CRIME [§ 65 specialty. and fortunately as a general rule far sooner than in Venice. has had a brilliant past." ^ Finally there comes a time. burned one hundred and seventy villages?"^ Counterfeiting today takes refuge in a few caverns in the mountains. ' " L' Allemagne a la fin du moyen age. more than one hundred deliberations of the Council of Ten relating to commissions of this sort. who were so bloodthirsty. and that." Is there not reason to believe. he can promise him from ten to twenty thousand ducats.334 fanticide. was one of the "Did we not hear the Margrave Brandenburg boasting one day of having. who has consulted them. " 1448." by Jean Janssen (French transla- tion. as manner of a Tropmann. The Council of Ten charge Lawrence Minio to inform the person who is unknown that he accepts the hitter's offer which consists in putting to death Count Francis [Sforza]. and that the excesses of public vengeance may have aroused or stimulated especially — — those of private revenge? Arson. Here is a sample taken at random. as far as we are able to judge with respect to a past lacking in statistics. Montaigne prerogatives of the feudal lords. he let loose his dogs upon the citizens of Milan. during his lifetime. have immediately followed the outbreak of external wars or civil wars. article on "Assassinat politique a Venise." September and October. Finally theft. finally. 1887). was a terrible example solemnly given by the upper classes of society. after the execution. Later on. . so degrading in our day. were the Merovingian can be seen from each page of the writings of Gregory for. 1882. the princes commit assassinations which are paid this is proved by the archives of Venice. Now governments limit themselves to sometimes putting false rumors in circulation.

the king. water and only obtained his liberty upon the payment of a large sum of money. M . with some exceptions becoming more numerous during the sixteenth century. A chronicler of the same period says that "the brigand knights make the roads very unsafe. got funds by stealing. and boatmen. and which was carried on in 1653-." Werner Roleswinck has supplied us with ample details as to the manner in which young gentlemen were brought up to steal in Westphalia (1487). captured as a result of ambushes and betrayals? The sequestration of persons. just as their "abigeato" recalls the military "razzias. that many young gentlemen of his acquaintance. owing to the Italian contagion." Goetz of Berlichingen and Frank of crafty form. When they went on a campaign. Why should they have had any scruples on the matter when. when it was customary in the best disciplined armies to plunder captured towns and to extort enormous ransoms from prisoners of war. the owners of castles plundered and held to ransom. let us plunder without shame! The best people in the country do it!" The same customs. In France we are comparatively privileged in this respect. we read that the brigandage of the nobility gentlemen seem to consider stealing as "an honorable action" and they go so far as to teach it "just as children are taught to read. strangely resembles this proceeding of extortion. in the dialect of their country: "Let us steal. they sang. None the less is it true that our kings had In the course of a criminal trial which was brought to my notice by a disbility ^ tinguished archaeologist. were imputed to the legists. the "brigandage of the nobility" is mentioned. that German songs of the sixteenth century. throughout their fiefs.^ so much used quite recently among the Sicilian brigands. Henry III. our noof this seigniorial criminality. were of a mildness and a probity which were remarkable among all the others. merchants. In every plan of reform in Germany during the fifteenth century. to whom their fathers did not give enough money. in less violent but more was fitting. brilliant personifications In Italy the spectacle was at this time similar. travelers. even of a private war. plundered and ransomed as he saw fit the merchants of Paris." In one of the popular republished by Janssen. APPLICATION TO CRIMINALITY 335 without being very indignant about it. is intolerable.§ 65] tells us. in the sixteenth century. and especially our royalty. at this same time.54 before the inferior court of Sarlat. here the between rural theft and urban theft is felt. as difference Sickingen are. the Vicomte dc Gerard. I note that one of the victims was incarcerated for eight days in a dungeon in the castle of on bread and .

Dorante. he tells us. we know whether Moliere was a good courtier or not. who repreof confidence to the prejudice of Jour- sents the type of the elegant cavalier. In the memoirs of Rochefort. let us recall the fact that there was a time when . however. which at the present time limit themselves to protecting this bold plunderSimilarly. that he had some hesitancy about this. but of stealing.S36 CRIME [§ 65 hardly any scruples about indulging in arbitrary confiscation. could this be as Furthermore. themselves used formerly to practice it. someone who had been robbed having gone and complained." And of yet we say that the last descendants of these pickpockets of feudal times are now the most unblemished If is representatives French honor and honesty! heredity were the principal it is? "factor" as far as morality concerned. when he was in happy company "it was suggested that they go and rob on the Pont-Neuf. One day. in a country such as Sicily. this was a form of amusement which the Duke of Orleans had made fashionable at that time. for the benefit of the lords. a right which was in truth one of stealing. not merely of killing. When. band of obscure insurgents terrorizes a capital and holds a govern- and ment in check. and he gives it to her as coming from himself. of the fashionable lover. we see country brigandage flourish by reason of a continual recruiting among the lower agricultural classes. at the same time he looked on. perched up on the bronze horse. he undertakes for the latter to carry a very valuable fellows took to their heels. we may be sure that at an earlier period the upper rural classes. But." Dorante. This propagation from those above to those below applies to urban crime and rural crime equally well. However. by a thousand deductions drawn from the had very broad notions on the subject of delicacy. we read of a characteristic which proves that the great lords of the time of the Fronde made sport. and that our gentlemen. everywhere in Europe. when a ing. affecting all those who were shipwrecked upon their coasts. In the "Bourgeois gentilhomme. even during the seventeenth century. Here we have a little trick which it did not seem improper at that time to attribute to a courtier. the archers came and our dain. "The others began to waylay the passersby and took four or five cloaks." Rochefort says. there existed the right to the estate of a deceased alien. commits a veritable abuse to diamond Dorimene (a peculiar commission moreover). until the sixteenth century. if we are to judge literature of the times.

Are not these latter in their own way " a 1 With regard to the history of Spanish literature. may serve as a partial explanaBrunetiere ("Revue des romance was the forerunner of the knavish romance. it is the knights of former times who become the beggars of today? Could there not be a peculiar way of interpreting the point of honor which would be to do no work with one's two hands and. by reason In barbarous times — that is to say. Then. What and arson were a monopoly belonging exclusively to the higher ranks of the nation. which dealt with the exploits of brigands and swindlers. a cendiary. there is no need for me to recall the fact that during aU the periods of their prosperity. not having a farthing.§ 65] APPLICATION TO CRIMINALITY 337 statesmen were not ashamed to carry out the massacres and annoyances which they suppress in our day. and broke into government of the terror circles. Rape. of isolation and of chronic hostility — every active. theft. Deux Mondes. . were a school of adultery. of license and moral corruption for the rest of the nation.^ Finally. Every offense against morals has as its cause the examples which have come from above. was the great diversion of the old warriors. just as. . monarchic or aristocratic courts. become the head of a household. at a time when a castle or a town was captured and at once sacked. just as capitals at the present time. observes that the chivalrous sort of knight errant " ? Or else should we say that in proportion as a society is formed. which has often happened in Italy. in he hopes to and adventurous man hopes to become the leader a century of peace and of great agglomerations. provided his criminal industry prospers. of the military and dominant class. In literature there was but a step between such men as Amadis aux Cartouche and Amadis aux Mandrin. but it does mean that when a man of the lower ranks was found to be a murderer. had himself styled "king Marcone. he stood out thief. Brantome cheerfully relates these ferocious orgies. even more than plunder and burning. even during the most barbarous period. in 1560." an in- which he inspired. . as was done by that Marcone. ennobled himself to a certain extent. considered for centuries as a right of war. in wishing to live as a gentleman? In our day this point of honor wotild very quickly lead people to the convict prison or the gallows. In the time of Charles V history tells us that it just as easily led them to the conquest of Mexico or Peru. times of social illogicaluess. a "struprator. a brigand of Calabria who. rape. enterprising. Of how many criminal assaults has the habit of rape and plunder in wartime. when murder. . of a band. he succeeds in having himself pro- claimed king. becomes organized and regulated." March." This thing. been the cause even in times of peace and in the very midst of industrious and agricultural people! has just been said does not imply that there was a time. 1891).

as was the honor of knighthood. The peculiar especially in the eighteenth century by their beneficial contagion. In this we may see the consequences of a time-honored influence by the nobles of these different nations. and these capitals and great cities having an irresistible attraction for the outcasts and scoundrels of the country. Does not this essentially criminal character of the ruling classes. . from the nobility to the people.^ but of every sort of feudahsra. Obviously it is by imitating the classes which used to be the upper ones. we find a movement of concentration by the great lords to the court of the king. a who hasten to them to become civilized new kind of ennobling. cities to the coimtry. that every Spaniard aspires to be a In hidalgo and that the most plebeian of Frenchmen will fight a duel today. perchance connected with the emigration. (IV) At the present time they are propagated from the great lovers' vitriol. former times single combat was a privilege of the aristocracy. like every industrial product.338 CRIME [§ GG tion of the origin of feudalism. 2 Let us observe. and while the nobility. under the Old Regime. energy and a love of freedom the Englishman. feudalism. while on the subject. for example Greek and Hindu "The little [Italian] governments which originated [in the fifteenth century] through some exploit of brigandage. Women cut to pieces. that the substitution of capitals for aristocracies as the social summit destined to spread the various currents of imitation according to the law of their progress from above to below is itself perhaps a consequence of this law. drew to itself the audacious and criminal elements of the people. advantageously. all chivalrous honor became vulgarized in France. today we can see crime spreading from the great cities to the country. The While crime formerly spread. are very numerous and of a savage character" says Gehbart. in Italy during the fifteenth and sixteenth centuries. where it was expressed by means of too frequent duels. which has for more than a century caused the great centres to preponderate. from the capitals to the provinces. not only of Christian feudaUsm. like every good or bad idea. in those remote times. character with which the virtues as well as the vices of a people clothe themselves. Moreover. of the country nobility to the court? Under Henry IV.^ For the time has at let us not forget that this criminal contagion of the aristocracy times been compensated for. and although lofty pride and independence today characterize the Spaniard. Although the sentiment of is derived by these people from their former chiefs. the French After the time of Louis XIII nobility still lived upon their landed properties. this is not a mere exercised question of race. to a certain extent account for the very distressing spread of sanguinary criminality among the Italian lower classes of our day? And do not we Frenchmen to a certain extent owe our lesser propensity to homicide. to the relatively mild character of our former rulers? § 66. Is not emigration from the country to the city. after their 1 own manner. as is seen in the case of Olivier de Serres. or the provinces. and more often than not.

Consult also "Depegage criminel. The capitals send to the provinces not only their political and literary likes and dislikes. the very peasants. an imitation in miniature of Versailles. The series of corpses cut to pieces began in 1876 with the Billoir case and was for a long time confined to Paris.) . and it is because this conviction has for a long time prevailed that the town has become little by little for our farmers a terrestrial paradise. in its spread it is seen to form a dark spot around the great cities