Modern Theories of Criminality

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' La lucha contra el crimen, Santiago, 1903.
' Politico, criminal represiva, Santiago, 1909.
Chapter II.
CRIMINAL LAW. — PENITENTIARY SCIENCE.
I. Origins.
Section 27.
In later years, the field of history has been considerably enlarged. The ethnographical studies of savage peoples allow us to cast a retrospective glance beyond the limit of ancient legal ideas, which were sought until not long ago in India or in Egypt, in heroic Greece or in primitive Rome.
Thus we have been able to reach indirec
...tly the origins of humanity stripped of all that civilizations have added, — the primitive man just as he was in the worid.
At that epoch, as Steinmetz remarks,' punishment is " an outburst of passion, the first whom it met becoming the victim, even when nothing in the latter rendered him particularly responsible for the act committed. Originally, punishment is aimless; only much later it becomes disciplined and or- ganized." The time came, when, according to Hamon,^ r^ex action (instinctive) became reflective action (intelligent).


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