Coherent Identifier About this item: 20.500.12592/7b630z

Penology Old and New. Tagore Law Lectures 1929




He gives a full and lucid description of the immense advance in the science of penology which has taken place in Europe and America during the nineteenth and twentieth centuries, and of the systems at present in force or under trial whict have for their purpose the recon-"X FOREWORD ciling of the claim of the State to protect itself against the criminal with the claim of the latter to be regarded [...] I warmly commend the book to all those who are interested in the building of the new structure of society which must surely emerge after the War, unless the War has been fought in vain,—a society built upon the firm foundation of human personality, in which the rights of the State are not omnipotent but are no more than the sum of the rights of all the citizens who compose it. [...] The first two may be graduated or modulated—the length of the period of imprisonment, or the circum- stances of severity of the imprisonment, being made to vary not with reference to the offender but with reference to the gravity of the offence as disclosed by the objective circumstances of its commission How is the gravity to be ascertained? [...] Ordinarily, the respective functions of the judge and the jury are marked out by saying that the judge is the interpreter of the law and is the proper authority to apply it, whereas the jury is the master of the facts and is the proper authority to give its verdict on them. [...] The character and quality of the methods must vary with the character and quality of the crime and the criminal—often more of the criminal than of the crime committed by him.



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