The Positive School of Criminology: Key Thinkers and Concepts
Participating in the Positive School
Philosophical and Scientific Bases
The Positive School of criminology is characterized by its use of the scientific method, rather than adhering to any specific philosophical or social system. While some early positivists questioned the rule of law, most emphasized the importance of studying crime as a natural phenomenon.
Core Principles of the Positive School
- Crime is a natural fact to be studied scientifically.
- Determinism: Criminal behavior is influenced by physical and social circumstances, not free will.
- Social Responsibility: Moral responsibility is replaced by the concept of social responsibility.
- State’s Duty: The state has the duty to defend society from dangerous individuals.
- Sanctions over Punishment: The focus shifts from punishment to treatment and education.
- Proportionality: Sanctions should be proportionate to the offender’s dangerousness.
- Crime as a Social Phenomenon: The goal is to combat crime as a social issue, not just restore legal order.
- State’s Right to Sanction: The state has the right to impose sanctions for social protection.
- Emphasis on Substitutes: Criminal penalties are less important than preventative measures.
- Criminal Types: Acceptance of the concept of criminal “types.”
- Anthropological and Sociological Basis: Criminal law should be based on scientific studies.
- Inductive-Experimental Method: General principles are derived from observation of specific cases.
Rafael Garofalo
Garofalo’s contributions were essential to the development of the Positive School. He emphasized:
- Special and general prevention
- The dangerousness of the offender as a key criterion for repression
- The concept of “natural crime”, defined as harmful conduct that violates fundamental altruistic sentiments (piety and probity)
Garofalo: Natural Crime Basics
Garofalo argued that “natural crime” exists independently of legal definitions and is characterized by a lack of pity and probity.
El Loco (Moral Insanity)
Lombroso and the Morally Insane Offender
Lombroso identified a type of criminal he called “morally insane,” characterized by:
- Absence in mental hospitals, prisons, and brothels
- Above-average physical strength and cranial capacity
- Analgesia and lack of moral sensitivity
- Astuteness and ability to simulate madness
- Early and unnatural sexual instincts
- Inability to live in a family setting
- Exaggerated vanity and megalomania
Lombroso considered moral insanity a form of moral idiocy, where the individual lacks a moral sense or cannot translate it into practice.
Ferri: Criminogenic Factors and Criminal Law
Ferri’s Criminogenic Factors
Ferri identified three categories of criminogenic factors:
- Anthropological Factors: Individual characteristics (physical, psychological, personal).
- Physical Factors: Climate, geography, etc.
- Social Factors: Population density, morality, religion, family, education, etc.
Ferri’s Law of Criminal Saturation
Ferri proposed that in a given social environment, a specific number of crimes will occur. This “law of criminal saturation” suggests that crime is a regular phenomenon influenced by various factors.
Ferri’s Political and Criminal Program
Ferri advocated for a crime prevention strategy based on social and economic reforms, rather than solely relying on criminal law. He emphasized the importance of Criminal Sociology, incorporating psychology, anthropology, and statistics.
Ferri: Penal Substitutes
Ferri proposed “penal substitutes” as indirect means of social defense, focusing on addressing the root causes of crime through:
- Economic reforms
- Political changes
- Scientific advancements
- Legislative and administrative measures
- Religious and family support
- Educational initiatives