Thus the great truth of the present and the future, for criminal science, is the individualization of penal treatment,--for that man, and for the cause of that man's crime.
Now this truth opens up a vast field for re-examination. It means that we must study all the possible data that can be causes of crime,--the man's heredity, the man's physical and moral
make-up, his emotional temperament, the surroundings of his youth, his present home, and other conditions,--all the influencing circumstances. And it means that the effect of different methods of treatment, old or new, for different kinds of men and of causes, must be studied, experimented, and compared. Only in this way can accurate knowledge be reached, and new efficient measures be adopted.
All this has been going on in Europe for forty years past, and in limited fields in this country. All the branches of science that can help have been working,--anthropology, medicine, psychology, economics, sociology, philanthropy, penology. The law alone has abstained. The science of law is the one to be served by all this. But the public in general and the legal profession in particular have remained either ignorant of the entire subject or indifferent to the entire scientific movement. And this ignorance or indifference has blocked the way to progress in administration.
The Institute therefore takes upon itself, as one of its aims, to inculcate the study of modern criminal science, as a pressing duty for the legal profession and for the thoughtful community at large. One of its principal modes of stimulating and aiding this study is to make available in the English language the most useful treatises now extant in the Continental languages. Our country has started late. There is much to catch up with, in the results reached elsewhere. We shall, to be sure, profit by the long period of argument and theorizing and experimentation which European thinkers and workers have passed through. But to reap that profit, the results of their experience must be made accessible in the English language.
The effort, in selecting this series of translations, has been to choose those works which best represent the various schools of thought in criminal science, the general results reached, the points of contact or of controversy, and the contrasts of method--having always in view that class of works which have a more than local value and could best be serviceable to criminal science in our country. As the science has various aspects and emphases--the anthropological, psychological, sociological, legal, statistical, economic, pathological--due regard was paid, in the selection, to a representation of all these aspects. And as the several Continental countries have contributed in different ways to these various aspects,--France, Germany, Italy, most abundantly, but the others each its share,-- the effort was made also to recognize the different contributions as far as feasible.
The selection made by the Committee, then, represents its judgment of the works that are most useful and most instructive for the purpose of translation. It is its conviction that this Series, when completed, will furnish the American student of criminal science a systematic and sufficient acquaintance with the controlling doctrines and methods that now hold the stage of thought in Continental Europe. Which of the various principles and methods will prove best adapted to help our problems can only be told after our students and workers have tested them in our own experience. But it is certain that we must first acquaint ourselves with these results of a generation of European thought.
In closing, the Committee thinks it desirable to refer the members of the Institute, for purposes of further investigation of the literature, to the ``Preliminary Bibliography of Modern Criminal Law and Criminology'' (Bulletin No. 1 of the Gary Library of Law of Northwestern University), already issued to members of the Conference. The Committee believes that some of the Anglo- American works listed therein will be found useful.
_Secretary of the Comparative Law Bureau of the American Bar Association, Philadelphia, Pa_.