The Yale Law Journal Company, Inc.

The Individualization of Punishment by Raymond Saleilles; Rachel Szold Jastrow

Review by: A. W. C.
The Yale Law Journal, Vol. 21, No. 2 (Dec., 1911), pp. 175-176
Published by: The Yale Law Journal Company, Inc.
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BOOK REVIEWS BOOK REVIEWS
interested in
medicolegal
studies,
the book will furnish much of
value to the
lawyer,
and
especially
to the
criminologist,
for it is
not a
study
in
pathology,
but rather of
legal
medicine.
H. C. C.
The Individualization
of
Punishment.
By Raymond Saleilles,
Professor of
Comparative
Law in the
University
of Paris.
With an Introduction
by
Gabriel
Tarde,
Professor of Philoso-
phy
in the
College
of France. Translated from the second
French edition
by
Rachel Szold
Jastrow.
With an Introduction
by
Roscoe
Pound,
Professor of Law in Harvard
University.
The Modern Criminal Science Series. Boston.
Little,
Brown
&
Co.,
I9II.
pp. xliv,
322.
"The Individualization of Punishment" is the fourth of a series
of nine treatises on modern criminal science
published
under the
auspices
of the American Institute of Criminal Law and Crimi-
nology.
That
organization,
and its
committee,
is to be
congratu-
lated on
selecting
the work of such a scholar as
Raymond
Saleilles.
His latest volume
reproduces,
with
slight
modification,
a course
of lectures delivered
during
the
past
winter at the
"College
of
Social Sciences" in Paris.
The author deals with a
subject
that is
extremely interesting
and
important:
the most effective
punishment
for
prisoners.
Here-
tofore, yes,
and
generally
at the
present day, prince
or
pauper,
sage
or
simpleton,
old or
young,
fare alike when once the
prison
gate
locks behind them. Whether their crime be heinous or un-
important they occupy
the same cell and do the same work. There
is one cure for all the ills.
Yet authorities
agree
that there is no one
factor,
either from
a
physiological
or from a social
standpoint,
that is the cause of
crime. Hence it seems crude
logic
to believe that one form of
punishment
is the best
remedy
for all the evils that come under
the ban of the
law,
and that all
prisoners,
without
regard
to
their
character or
degree
of mental
development,
should be treated in
the same manner. Modern science
recognizes
that
crime,
like
disease,
has natural
causes,
and that
penal
or remedial treatment
cannot be indiscriminate and machine
like,
but must be
adapted
to the causes and to the man as affected
by
those causes.
interested in
medicolegal
studies,
the book will furnish much of
value to the
lawyer,
and
especially
to the
criminologist,
for it is
not a
study
in
pathology,
but rather of
legal
medicine.
H. C. C.
The Individualization
of
Punishment.
By Raymond Saleilles,
Professor of
Comparative
Law in the
University
of Paris.
With an Introduction
by
Gabriel
Tarde,
Professor of Philoso-
phy
in the
College
of France. Translated from the second
French edition
by
Rachel Szold
Jastrow.
With an Introduction
by
Roscoe
Pound,
Professor of Law in Harvard
University.
The Modern Criminal Science Series. Boston.
Little,
Brown
&
Co.,
I9II.
pp. xliv,
322.
"The Individualization of Punishment" is the fourth of a series
of nine treatises on modern criminal science
published
under the
auspices
of the American Institute of Criminal Law and Crimi-
nology.
That
organization,
and its
committee,
is to be
congratu-
lated on
selecting
the work of such a scholar as
Raymond
Saleilles.
His latest volume
reproduces,
with
slight
modification,
a course
of lectures delivered
during
the
past
winter at the
"College
of
Social Sciences" in Paris.
The author deals with a
subject
that is
extremely interesting
and
important:
the most effective
punishment
for
prisoners.
Here-
tofore, yes,
and
generally
at the
present day, prince
or
pauper,
sage
or
simpleton,
old or
young,
fare alike when once the
prison
gate
locks behind them. Whether their crime be heinous or un-
important they occupy
the same cell and do the same work. There
is one cure for all the ills.
Yet authorities
agree
that there is no one
factor,
either from
a
physiological
or from a social
standpoint,
that is the cause of
crime. Hence it seems crude
logic
to believe that one form of
punishment
is the best
remedy
for all the evils that come under
the ban of the
law,
and that all
prisoners,
without
regard
to
their
character or
degree
of mental
development,
should be treated in
the same manner. Modern science
recognizes
that
crime,
like
disease,
has natural
causes,
and that
penal
or remedial treatment
cannot be indiscriminate and machine
like,
but must be
adapted
to the causes and to the man as affected
by
those causes.
175 175
This content downloaded from 189.79.199.122 on Wed, 25 Jun 2014 18:51:54 PM
All use subject to JSTOR Terms and Conditions
YALE LAW JOURNAL YALE LAW JOURNAL
This
theory
has been set forth
by
Professor Saleilles in a mas-
terly
manner in this work. The author
presents
two
qualities
rarely
combined: the
subtlety
of the
jurist
and the keen
analysis
of the
psychologist
and
criminalogist. Consequently
one finds in
this book a
scholarly
discussion of the
history
and
development
of
punishment
combined with a
clear,
logical argument
for a
punitive system
that will
protect society,
deter
crime, and, per-
haps
as
important
as
either,
afford the criminal the
greatest op-
portunity
of
regaining
a
respectable place
in
society.
A. W. C.
The Panama
Canal,
a
Study
in International Law and
Diplomacy.
By
Harmodio
Arias, B.A.,
LL.B. London. P. S.
King
and
Son, I9I1.
pp. xiv,
188.
Many interesting
problems
in International Law have been
opened up by
the
building
of the Panama Canal.
Consequently
this
book,
the
purpose
of which is to determine the
legal
status
of the Panama
Canal,
comes at an
opportune
time.
In
part
one the author
clearly
traces the attitude of the United
States towards the canal
question
from
I823,
when the
project
was first
suggested,
to the
present
time. Part two is taken
up
with the
particular
discussion of the
juridical position
of the
Panama
Canal,
and is a careful and lucid treatment of the sub-
ject.
In a valuable
appendix
are four of the
important
American
treaties
regarding
the
canal,
and also the
Constantinople
conven-
tion
respecting
the
navigation
of the Suez Canal.
L. 0. ?.
This
theory
has been set forth
by
Professor Saleilles in a mas-
terly
manner in this work. The author
presents
two
qualities
rarely
combined: the
subtlety
of the
jurist
and the keen
analysis
of the
psychologist
and
criminalogist. Consequently
one finds in
this book a
scholarly
discussion of the
history
and
development
of
punishment
combined with a
clear,
logical argument
for a
punitive system
that will
protect society,
deter
crime, and, per-
haps
as
important
as
either,
afford the criminal the
greatest op-
portunity
of
regaining
a
respectable place
in
society.
A. W. C.
The Panama
Canal,
a
Study
in International Law and
Diplomacy.
By
Harmodio
Arias, B.A.,
LL.B. London. P. S.
King
and
Son, I9I1.
pp. xiv,
188.
Many interesting
problems
in International Law have been
opened up by
the
building
of the Panama Canal.
Consequently
this
book,
the
purpose
of which is to determine the
legal
status
of the Panama
Canal,
comes at an
opportune
time.
In
part
one the author
clearly
traces the attitude of the United
States towards the canal
question
from
I823,
when the
project
was first
suggested,
to the
present
time. Part two is taken
up
with the
particular
discussion of the
juridical position
of the
Panama
Canal,
and is a careful and lucid treatment of the sub-
ject.
In a valuable
appendix
are four of the
important
American
treaties
regarding
the
canal,
and also the
Constantinople
conven-
tion
respecting
the
navigation
of the Suez Canal.
L. 0. ?.
I76 I76
This content downloaded from 189.79.199.122 on Wed, 25 Jun 2014 18:51:54 PM
All use subject to JSTOR Terms and Conditions