Page:Popular Science Monthly Volume 52.djvu/779

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CRIMINAL ANTHROPOLOGY IN ITALY.

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 organization, 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 Callahan 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 Lombroso and Ferri, has become the most distinguished jurist of the moment, the pioneer of the reform PSM V52 D779 Raffaele Garofalo.jpgR. Garofolo. of law through the method of natural science. His Criminology is marked by luminous suggestions of wise reform. Like Morselli, Garofolo does not blindly follow where his compeers lead. His latest volume, entitled Socialistic Superstitions, has excited much wrath and astonishment in socialistic and anthropological camps, and was severely combated, especially by Ferri, who wrote a pamphlet on purpose to confute the publication. K. Garofolo was born in Naples, in 1852, of an old patrician family, hence perhaps by atavism he is debarred from being a socialist. He holds the position of professor of law and penal procedure in his native city, and was intrusted by the Government in 1892 to draw up a scheme for the revision of the penal code. Garofolo has occupied himself chiefly,