Science, as well as the making of laws, has hitherto been too much
influenced by a preference for repression, or at least for
administrative police prevention. ``There have been authoritative
works and learned folios,'' says Ellero, ``which dealt not only
with punishment, but also with torture; there has been none
dealing with the provision of means for providing an alternative
to punishment.''
After the general observations of Montesquieu, Filangieri,
Beccaria, and more recently Tissot, on the influence of religion,
climate, soil, and the form of government, upon the penal system
rather than the prevention of crime, the authors who studied
prevention with wider and more systematic views (excluding the
criminal sociologists who have more or less taken the positive
point of view), are Bentham, Romagnosi, Barbacovi, Carmignani,
Ellero, Lombroso, and a few Englishmen, who, without making much
of the theory, have made many practical suggestions of preventive
reform. But even these writers either confine themselves to
general synthetic considerations, like Romagnosi and Carmignani,
or else, entering the domain of facts, and even accepting the idea
of social prevention, have made too little of those physio-
psychological laws as the natural factors of crime, which alone
can furnish a method of regulating human activity.
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