Raffaele Garofalo
Encyclopedia
Raffaele Garofalo was an Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...

 and a student of Cesare Lombroso
Cesare Lombroso
Cesare Lombroso, born Ezechia Marco Lombroso was an Italian criminologist and founder of the Italian School of Positivist Criminology. Lombroso rejected the established Classical School, which held that crime was a characteristic trait of human nature...

, often regard as the father of criminology
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...

. He rejected the doctrine of free will
Free will
"To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...

 (which was the main tenet of the Classical School
Classical school
The Classical School in criminology is usually a reference to the 18th-century work during the Enlightenment by the utilitarian and social contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and, indirectly through the...

) and supported the position that crime can be understood only if it is studied by scientific methods. He attempted to formulate a sociological definition of crime that would designate those acts which can be repressed by punishment. These constituted "Natural Crime" and were considered offenses violating the two basic altruistic sentiments common to all people, namely, probity and pity. Crime is an immoral act that is injurious to society. This was more of a psychological orientation than Lombroso's physical-type anthropology.

Garofalo's law of adaption followed the biological principle of Darwin in terms of adaption and the elimination of those unable to adapt in a kind of social natural selection. Consequently he suggested

1.Death for those whose criminal acts grew out of a permanent psychological anomaly, rendering them incapable of social life.

2.Partial elimination or long time imprisonment for those fit only for the life of nomadic hordes or primitive tribes and

3.Enforced reparation on the part of those who lack altruistic sentiments but who have committed their crimes under pressure of exceptional circumstances and are not likely to do so again.
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