ABSTRACT
This paper critically examines the evolution and impact of the Positive School of Criminology, highlighting its transformative role in redefining the understanding of criminal behavior. Moving beyond the Classical School’s emphasis on free will and moral responsibility, the Positive School introduces a scientific framework that explores the biological, psychological, and environmental causes of crime. Pioneered by Cesare Lombroso and further advanced by thinkers like Garofalo and Ferri, this school of thought underscores the importance of studying the offender rather than merely the offense. The paper delves into how this approach challenges traditional punitive models and promotes a more humane, rehabilitative justice system. It also reflects on the limitations of retributive justice, the legacy of solitary confinement, and the persistent illusion of absolute moral responsibility. Ultimately, the Positive School offers a path toward a rational and evidence-based criminal justice system capable of addressing both individual behavior and broader social conditions.
Keywords: Positive School of Criminology, Cesare Lombroso, Criminal Behavior, Rehabilitation, Scientific Justice System.
INTRODUCTION
The Positive School of Criminology emerged in the late 19th century and gained significant influence during the early 20th century. It proposes that criminal behavior is influenced by biological, psychological, and social factors, rather than stemming from individual free will or deliberate rational decisions. This school emphasizes the use of empirical research and scientific methods to examine and understand crime. It views criminal behavior as a sociological issue that can be systematically analyzed and interpreted.[1]The Positive School of Criminology, much like other advancements in scientific thinking, should not be attributed solely to the independent work of individual scientists or philosophers. Instead, it represents a natural progression a necessary phase in the development of the complex and somber field that deals with the pathology of crime. It presents a stark and unsettling contrast to the achievements and forward movement of modern civilization.[2]
The 19th century saw significant progress in reducing mortality and controlling infectious diseases, largely due to breakthroughs in physiology and the natural sciences. Diseases like typhoid fever, smallpox, cholera, and diphtheria declined as scientific methods addressed their underlying causes. However, in contrast to these medical victories, modern society has witnessed a disturbing increase in moral and social afflictions. Conditions such as insanity, suicide, and crime the troubling trio of societal disorders—have continued to rise. This contrast underscores the pressing need for the scientific study of these issues to develop a clearer understanding of their origins. Only through accurate diagnosis can more effective and compassionate solutions be devised to tackle this grim triad.[3]Positive Criminology arose in the 19th century in response to a striking and seemingly contradictory situation one that cannot be fully understood without considering its historical and scientific background. It is particularly puzzling that Italy, despite having established a well-developed theoretical framework through the Classical School of Criminology, was at the same time experiencing a dramatic rise in criminal activity. Crime increased significantly across both the upper and lower social classes, exposing the shortcomings of traditional criminological theories in effectively understanding or controlling this growing phenomenon.[4]
[1]Irenaus Eibl Eibesfeldt, Ethology: The Biology of Behavior 70 (Holt, Rinehart and Winston, 1970)
[2]Justin Pikunas, Human Development: An Emergence Science 72 (Mcgraw -Hill, INC, 1961)
[3]CA Moser, Survey Methods in Social Investigation 45 (Routledge Publishers, 1971)
[4]Kirk J. Schneider, The Handbook of Humanistic Psychology 12 (Sage Publications, 2011)