New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-15
CRIME AND THE CRIMINAL
Three Studies in an as YET
Problematic Science"

PENAL. PHILOSOPHY. BY Gsbrle!
Tarde late Magistrate end Professor
i'm tho College dc France. Trans!a.sr,
by Rapelie Howell. OF me New Ia IA.
Bar With an editorial prelace % "a
ward Lindsey. OF the Warren, Penn,'
Esr, and an Introduction by Robert y.
Gault. Assistant Professor OF fsyonoi,
osV in Northwestern h''eIhiS an
Managing Editor Of The Journal o.
criminal Law and criminology. the
Nodsrn Criminal Science Series, Vol.
Y. $40. up. xxi. ISL. Boston: Little
Brown & Co.
CRIMINAL RESPoNSIBiLlTf AANdp
ding Mcconnell. Phi D.. Instructor In
Social Ethics. Harvard University.
svo.. Pr. vi. $40. Charles Sor'oher
Sons.
THE CRIMINAL AND THE COMM
NIFTY. BY James Devon; Medleai VIII o
Ger OF H. NJ Prison at Glasgow. Win
an introduction by Professor a.
Murison. IL. y. svo. PIP. XXI. @s Inc
John Lane Company.
The aim and scope OF the Modern
Criminal Science Series. whose hfth
volume stands at the head OF the i'st
Of books here grouped together. are the
translation and publication In English
OF the most important foreign authori-
ties on criminology. chiefly for the SER
vice OF American jurists. but also Tor
the convenience OF students Of sell
ence that, being young. IL sun IN i
state of Experimentation. 1t Is worth
noting. at the very outset. that the
, three volumes before US represent :.
decided modification of. II not a reac-
ton against. the purely physical schooi
formed by Lombroso. who. almost COM
pletely ignoring sociology, pointed t.
atavisrn. and later to degeneration. ~
the cause Of the social phenomenon oi
crime. He found large and ready
following in his day for his system N
stigmata. asymetry. and the like. until
practical penolosists began to compare
his theory with their experiences. Just
| now he IL very much under cloud ms
science having been recently declared
| TO be no more reliable than the phrcn-
oIogy OF an earlier day. But. as Is al
ways the case. just az the experts arc
losing their faith in him. the laity are
beginning 10 give him their unques-
| tioning adherence, as witnessed by the
insistent dilettante advocacy OF dras-
/ tic measures Of "cugenics." None OF
! tho three authorities here represented
| rejects his work altogether, but they
are united in laying emphasis on soci-
ology as the true approach to the rem
cdy. II ono there be.
NJ. Tarde. an eminent French Jurist
comes TO the conclusion that the Grim
NAL Is not "throwback" TO savagcry,
not degenerate. but n professional
type" preponderantly produced by So
cial causes by the inefficiency Of pri-
mary instruction. by conditions OF
labor. by influences OF poverty-and
| wcalth-bv the present lack OF cohesion
Of civilization judged as whole. And
| here enters. Of course. the problem OF
| free viii or de..rIninism, to which mod
ern science has given SO different
| complexion from The old. philosophical
one. NJ. Tarde considers a satisfactory
definition Of moral responsibility as the
cr,ix OF penal philosophy. and to 1t de-
votes the first Of the three books Of his
work. In II he attempts to reconcile
individual responsibility with determin
ism. the human conscience with science.
He undertakes, further. to give an ex-
PLANTATION OF the criminal side Of sOcie
ties by a theory OF imitation In all
social relations, these limitations.
spreading In circles. inevitably reach
ing points of contact and interference
with each other. The third part of the
work presents the legislative or peni-
Tertiary reforms which the author
draws from his theoretical premises.
1t is with this problem OF RESPONSE
blity that DIR. Mcconnell Is chiefly
concerned in the second work on our
list. The question is not one OF moral.
but Of social. responsibility. he points
out
No one Is morally responsible for his
deeds, In the sense that he is free TO do
or not to do them. Every one Is socially
responsible for his behavior, In the sense
that society will deal with him In
manner which his behavior indicates To
be necessary for social protection. Moral
ability to have acted differently. Social
responsibility makes no such supposition.
II cares nothing about II. The
facts are these: Every harmful deed pro-
| vokes a social reaction. and this mani
| tests itself in repressive. curative and
preventive treatment, In quarantine,
therapeutics and prophylaxis The true
nature Of the reaction is we'll seen Il. in
ishmcnt." we speak OF offence and de-
fence.
DR.. Devon, a hard-headed Scotch
prison Official, addresses the average