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    quandui Lớp 2


    AT the National Conference of Criminal Law and Criminology,
    held 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

    ``_Whereas_, it is exceedingly desirable that important treatises
    on criminology in foreign languages 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.''
    The Committee appointed under this Resolution has made careful
    investigation of the literature of the subject, and has consulted
    by frequent correspondence. It has selected several works from
    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. 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
    For the community at large, it is important to recognize that
    criminal science is a larger thing than criminal law. The legal
    profession in particular has a duty to familiarize itself with the
    principles of that science, as the sole means for intelligent and
    systematic improvement of the criminal law.
    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. No man could fathom that will, nor its arbitrary operation.
    As to the treatment of disease, there were believed to be
    a few remedial agents of universal efficacy. Calomel and bloodletting,
    for example, were two of the principal ones. A larger or
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    smaller dose of calomel, a greater or less quantity of bloodletting,
    --this blindly indiscriminate mode of treatment was regarded as
    orthodox for all common varieties of ailment. And so his calomel
    pill and his bloodletting lances 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
    distinguishable 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
    be adapted to the cause. In short, the individualization of disease,
    in cause and in treatment, is the dominant truth of modern medical
    The same truth is now known about crime; but the understanding
    and the application of it are just opening 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
    not doing the crime, just as it pleases; absolutely free in advance,
    at 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) has natural causes. It need not be asserted for one
    moment that crime is a disease. But it does have natural causes,--
    that is, circumstances which work to produce it in a given case.
    And as to treatment, modern science recognizes that penal or remedial
    treatment cannot possibly be indiscriminate and machine-
    like, but must be adapted to the causes, and to the man as affected
    by those causes. Common sense and logic alike require, inevitably,
    that the moment we predicate a specific cause for an undesirable
    effect, the remedial treatment must be specifically adapted to that
    Thus the great truth of the present and the future, for criminal
    science, is the individualization of penal treatment,--for that man,
    Now this truth opens up a vast field for re-examination. It
    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
    make-up, his emotional temperament, the surroundings of his
    youth, his present home, and other conditions,--all the influencing
    circumstances. And it means that the effect of different methods
    of treatment, old or new, for different kinds of men and of causes,
    must be studied, experimented, and compared. Only in this way
    can accurate knowledge be reached, and new efficient measures
    be adopted.
    All this has been going on in Europe for forty years past, and in
    limited fields in this country. All the branches of science that can
    help have been working,--anthropology, 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 and the 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.
    The Institute therefore takes upon itself, as one of its aims, to
    inculcate the study of 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
    late. There is much to catch up with, in the results reached elsewhere.
    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
    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, and the contrasts of method--having
    always in view that class of works which have a more than local
    value and could best be serviceable to criminal science in our country.
    As the science has various aspects and emphases--the anthropological,
    psychological, sociological, legal, statistical, economic,
    pathological--due regard was paid, in the selection, to a representation
    of all these aspects. And as the several Continental countries
    have contributed in different ways to these various aspects,--France,
    Germany, Italy, most abundantly, but the others each its share,--
    the effort was made also to recognize the different contributions as
    far as feasible.

    The selection made by the Committee, then, represents its
    judgment of the works that are most useful and most instructive for
    the purpose of translation. It is its conviction that this Series,
    when completed, will furnish the American student of criminal
    science a systematic and sufficient acquaintance with the controlling
    doctrines and methods that now hold the stage of thought in Continental
    Europe. Which of the various principles and methods
    will prove best adapted to help our problems can only be told after
    our students and workers have tested them in our own experience.
    But it is certain that we must first acquaint ourselves with these
    results of a generation of European thought.
    In closing, the Committee thinks it desirable to refer the members
    of the Institute, for purposes of further investigation of the
    literature, to the ``Preliminary Bibliography of Modern Criminal
    Law and Criminology'' (Bulletin No. 1 of the Gary Library of
    Law of Northwestern University), already issued to members of
    the Conference. The Committee believes that some of the Anglo-
    American works listed therein will be found useful.
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