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37 L. Q. Rev. 63 (1921)
Reform of Penal Law in Italy

handle is hein.journals/lqr37 and id is 73 raw text is: THE REFORM OF PENAL' LAW IN ITALY. TALY has always been to the fore in tie sad and severe discipline of crimes and punishments. From the 'Libri Terribiles' of the Roman digest to the 'Parvus Libellus de Maleficiis' of Rolandino dei Rolandi published in the thirteenth century, from Cesare Jieccaria to Cesare Lombroso, in criminal science Italy has undoubtedly always been in the front rank. Through the initiative of the Keeper of the Seals, Ludovico Mortara, an illustrious jurisconsult and formerly First President of the ' Corte di (assazione,' the new Italy can place herself in the vanguard also in the realm of practical penal legislation, especially since, in many European and American countries during the last twenty years, laws have been promulgated or proposed for social defence against criminality which, although fragmentary, inorganic and sometimes contradictory, are the expression of an ever-increasing powerful confirmation of that current of ideas about crimes and criminals which, for about forty years, the Italian School of Criminal Anthropology has maintained in the scientific lists. The Decree of September 14th, 1919, which institutes the Royal Commission for the reform of penal laws, indicates as cardinal points in the reform of penal justice in Italy the two fundamental conceptions which for forty years the Positive Criminal School has been affirming in the field of thought. These two cardinal points are: the defence of society and the perilousness of the criminal. The defence of society is understood to mean the daily practical duty of the functions of the State outside and above philoso- phical doctrines, religious beliefs and scholastic polemics. The State, administering penal justice, cannot pretend to work out a philosophical system, a religious belief or an academic doctrine. The State has a positive function of preserving and defending the community from crime, which is one of the many social diseases that endanger and offend the binding ties of civil society.

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