I end with a modification of an old comparison which has been much
abused. Crime has been compared to an impetuous torrent which
ought to be enclosed between the dykes of punishment, lest
civilised society should be submerged. I do not deny that
punishments are the dykes of crime, but I assert that they are
dykes of no great strength or utility. All nations know by sad
and chronic experience that their dykes cannot save them from
inundations; and so our statistics teach us that punishments have
but an infinitesimal power against the force of criminality, when
its germs are fully developed.
But as we can best protect ourselves against inundations by
obeying the laws of hydrostatics and hydrodynamics, by timbering
the banks near the source of the stream, and by due rectilineation
or excavation along its course and near its mouth, so, in order to
defend ourselves against crimes, it is best to observe the laws of
psychology and sociology, and to avail ourselves of social
substitutes, which are far more efficacious than whole arsenals of
repressive measures.
CHAPTER III.
PRACTICAL REFORMS.
The data of criminal anthropology and statistics, and the positive
theory of responsibility which flows from them, although they have
been systematised only by the positive school, are nevertheless
too constantly in evidence not to have made their way into courts
and parliaments.
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