30 



I will wait to treat this question more 

 completely elsewhere. Here is a summary, 

 my opinion as a socialist and as an anthro- 

 pologist writer on criminology. 



First of all, the positive criminal school is 

 occupied with life as it is and its merit is 

 unquestionably to have applied to the study 

 of criminal phenomena the methods of experi- 

 mental science, to have shown the hypocritical 

 absurdity of the modern penal systems, which 

 are based on the conception of free-will and 

 of the moral fault, and which are realised in 

 the system of confinement in cells, one of the 

 aberrations of the igth century as I have 

 once called it: for that, the school wishes to sub- 

 stitute the simple segregation of individuals 

 who are not fit for social life in consequence 

 of pathological conditions, congenital or 

 acquired, permanent or transitory. 



In the second place, to pretend that socialism 

 will make all forms of crime disappear is an 

 affirmation which proceeds from a generous 

 sentiment, but which is not founded on 

 rigorous scientific observation. 



The school of scientific criminology demon- 

 strates that crime is a natural and social 

 phenomenon like madness and suicide 

 determined by the abnormal organic and 

 physical constitution of the delinquent, and 



completely answered in the name of the school of positive 

 criminal anthropology by M. Rinieri de Rocchi, // diritto 

 penale e un'opera recente di Loria in the Scuola positiva 

 nella giurisprudenza penale of the i5th February, 1894, 

 and by M. Lombroso in Archivio di psichiatria e scienze 

 penali, 1894, xiv. 



