In these cases the personal and social injury is not caused
maliciously, and the agent is not dangerous, so that imprisonment
is more than ever inappropriate, unjust, and even dangerous in its
consequences. Deeds of this kind ought to be eliminated from the
penal code, and to be regarded merely as civil offences, as
SIMPLE theft was by the Romans; for a strict indemnification
will be for the authors of these deeds a more effectual and at the
same time a less demoralising and dangerous vindication of the law
than the grotesque condemnation to a few days or weeks in prison.
It will be understood that the classical theory of absolute
and eternal justice cannot concern itself with these trifles,
which, nevertheless, constitute two-thirds of our daily social and
judicial existence; for, according to this theory, there is always
an offence to be visited with a proportionate punishment, just as
with a murder, or a highway robbery, or a slanderous word.
But for the positive school, which realises the actual and
practical conditions of social and punitive justice, there is on
the other hand an evident need of relieving the codes, tribunals,
and prisons from these microbes of the criminal world, by
excluding all punishments by imprisonment for what Venturi and
Turati happily describe as the atomic particles of crime, and by
relaxing in some degree that monstrous network of prohibitions and
punishments which is so inflexible for petty transgressors and
offenders, but so elastic for serious evil-doers.
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