CRIMINAL ANTHROPOLOGY IN ITALY 



7S7 



early attracted to study the problems of misery and crime, whence 

 resulted his great work on Criminal Sociology. Like Ferri and all 

 the other thoughtful students of the criminal, he has seen the direct 

 bearing on criminality of what he himself well calls " social hygiene." 

 He points out how we may neglect the problems of social organiza- 

 tion, but must do so at our peril. In many respects he is opposed to 

 Lombroso. He holds, for example, that Lombroso has too much 

 accentuated the atavistic element in the criminal He agrees with 

 those who deem that of a great number of modern habitual criminals 

 it may be said that they have the misfortune to live in an age when 

 their merits are not appreciated. Had they lived in the world a 

 sufficient number of generations ago, the strongest of them might 

 have been chiefs of a tribe. As Colajanni has said: " How many 

 of Homer's heroes would to-day be in convict prisons or at all events- 

 despised as unjust and violent! ' He has strenuously combated 

 Lombroso's indiscriminate method of collecting facts, and compares 

 it to Charles IX's famous order on St. Bartholomew's Eve: "Kill 

 them all! God will know his own." 



And now it is time we should speak of Garofolo, the Neapolitan 

 lawyer who, accepting generally the conclusions reached by Lom- 

 broso and Ferri, has become the most distinguished jurist of the 

 moment, the pioneer of the re- 

 form of law through the method 

 of natural science. His Crim- 

 inology is marked by luminous 

 suggestions of wise reform. Like 

 Morselli, Garofolo does not blind- 

 ly follow where his compeers 

 lead. His latest volume, entitled 

 Socialistic Superstitions, has ex- 

 cited much wrath and astonish- 

 ment in socialistic and anthropo- 

 logical camps, and was severely 

 combated, especially by Ferri, 

 who wrote a pamphlet on pur- 

 pose to confute the publication. 

 K. Garofolo was born in Naples, 

 in 1852, of an old patrician fam- 

 ily, hence perhaps by atavism he 

 is debarred from being a social- 

 ist. He holds the position of pro- 

 fessor of law and penal procedure in his native city, and was in- 

 trusted by the Government in 1892 to draw up a scheme for the re- 

 vision of the penal code. Garofolo has occupied himself chiefly, 



R. Gakofolo. 



