The Individualization of Punishment

Cover The Individualization of Punishment
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The common conception of normality, interpreted as a symptom, refers only to a physio- logical normality, any deviation from which must be of a purely pathological character. The man who can think and reason normally remains, according to the popular con- ception, a presumably free agent. Physiological normality becomes a matter for medical confirmation. 1 The abnormal man, for whom this assumption of responsibility fails, has been removed by pathological defect from the sphere of our psycholog...y; and as thus considered the hardened criminal cannot be regarded as an abnormal and irresponsible being. In his case there is a defect of the moral sense and not of the faculty of free decision; he shows a perversion of morality 1 I recognize that the limitation of this point of view, in that it regards normality in the sense of penal responsibility, implies that the estimate of individuals shall refer to a common environment and a common sociological group; for, before we can speak of an individual normality within the group, there must be a sociological normality, that may serve as a primary line of division, separating groups, and involving responsibility.

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