The tendency of the classical theories on crime and prison
discipline is in sharp contrast, for their ideal is the
``uniformity of punishment'' which lies at the base of all the
more recent penal codes.
If for the classical school the criminal is but an average and
abstract type, the whole difference of treatment is, of course,
reduced to a graduation of the ``amount of crime'' and the
``amount of punishment.'' And then it is natural that this
punitive dosing should be more difficult when the punishments are
different in kind, and not very similar in their degrees of
coincident afflictive and correctional power. Thus the ideal
becomes a single punishment, apportioned first by the legislature
and then by the judge, in an indefinite number of doses.
Here and there a solitary voice has been heard, even amongst the
classical experts, objecting to this tendency towards dogmatic
uniformity; but it has had no influence. The question brought
forward by M. D'Alinge at the Prison Congress in London
(Proceedings, 1872, p. 327), ``whether the moral classification
of prisoners ought to be the main foundation of penitentiary
systems, either in association or on the cellular plan,'' which he
himself decided in the affirmative, was not so much as discussed,
and it was not even referred to at the successive
Congresses at Stockholm (1878), Rome (1885), and St.
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