In 1764, the great Italian jurist and economist, Cesare Beccaria first called public attention to those wretched beings, whose confessions (if statements extorted by torture can thus be called) formed the sole foundation for the trial, the sole guide in the application of the punishment, which was bestowed blindly, without formality, without hearing the defence, exactly as though sentence were being passed on abstract symbols, not on human souls and bodies.
The Classical School of Penal Jurisprudence, of which Beccaria was the founder and Francesco Carrara the greatest and most glorious disciple, aimed only at establishing sound judgments and fixed laws to guide capricious and often undiscerning judges in the application of penalties. In writing his great work, the founder of this School was inspired by the highest of all human sentiments--pity; but although the criminal incidentally receives notice, the writings of this School treat only of the application of the law, not of offenders themselves.
This is the difference between the Classical and the Modern School of Penal Jurisprudence. The Classical School based its doctrines on the assumption that all criminals, except in a few extreme cases, are endowed with intelligence and feelings like normal individuals, and that they commit misdeeds consciously, being prompted thereto by their unrestrained desire for evil. The offence alone was considered, and on it the whole existing penal system has been founded, the severity of the sentence meted out to the offender being regulated by the gravity of his misdeed.
The Modern, or Positive, School of Penal Jurisprudence, on the contrary, maintains that the anti-social tendencies of criminals are the result of their physical and psychic organisation, which differs essentially from that of normal individuals; and it aims at studying the morphology and various functional phenomena of the criminal with the object of curing, instead of punishing him. The Modern School is therefore founded on a new science, Criminal Anthropology, which may be defined as the Natural History of the Criminal, because it embraces his organic and psychic constitution and social life, just as anthropology does in the case of normal human beings and the different races.
