Raffaele Garofalo was an Italian criminologist and jurist who, in the late 19th century, developed the concept of “natural crime” and contributed to positivist criminology.
Early Life and Background
Raffaele Garofalo was born on November 18, 1851, in Naples, Italy. He studied law and developed an interest in criminal behavior, focusing on how laws should reflect the natural order of society. His legal background shaped his approach to criminology, leading him to reject purely philosophical theories of crime in favor of empirical, scientific methods.
During the late 19th century, criminology was evolving from a branch of philosophy into a science. Garofalo played a key role in this transformation by applying the principles of positivism, which emphasized observation, data collection, and analysis.
Contributions to Positivist Criminology
Garofalo was one of the leading figures of the Italian School of Criminology, along with Cesare Lombroso and Enrico Ferri. This school of thought rejected the classical view that crime was a product of free will and rational choice. Instead, it argued that criminal behavior resulted from biological, psychological, and social factors beyond an individual’s control.
His main contributions to criminology include:
- The Concept of Natural Crime
- The Classification of Criminals
- The Idea of Social Defense
The Concept of Natural Crime
Raffaele Garofalo introduced the concept of natural crime (delitto naturale) as a way to distinguish inherently harmful acts from crimes that are defined by legal systems. He argued that while laws vary across cultures and historical periods, certain crimes violate fundamental moral sentiments shared by all human societies. Unlike legal definitions, which are subject to change based on political, social, or economic influences, natural crimes remain constant because they stem from innate human instincts.
Garofalo identified two key moral sentiments that serve as the foundation for natural crime: pity and probity.
- Pity refers to the natural human tendency to feel compassion and concern for others. Crimes that inflict physical harm—such as murder, assault, or bodily injury—violate this instinct. Garofalo believed that those who committed such crimes lacked the basic ability to empathize with their victims.
- Probity relates to honesty, integrity, and respect for property. Crimes like theft, fraud, and embezzlement violate this principle. According to Garofalo, individuals who engage in such offenses disregard the fundamental trust that allows societies to function.
Garofalo asserted that criminals who lacked these moral instincts were biologically or psychologically predisposed to crime. He believed that such individuals posed a persistent threat to society because their behavior was not shaped by external influences but by inherent deficiencies. As a result, he argued that legal systems should focus on protecting society from these offenders rather than attempting to reform them. His emphasis on crime as a reflection of moral deficits influenced later criminological theories that linked criminal behavior to personality traits, biological factors, and psychological conditions. Despite criticism, his idea of natural crime remains relevant in debates about universal moral standards in law and justice.
The Classification of Criminals
Raffaele Garofalo developed a system for classifying criminals based on their psychological and moral traits rather than the specific offenses they committed. Unlike earlier criminologists, who often focused on physical characteristics—such as Cesare Lombroso’s theory of the born criminal—Garofalo believed that crime resulted from deep-seated psychological and moral deficiencies. He argued that these traits were largely hereditary, making certain individuals naturally inclined toward criminal behavior.
Garofalo categorized criminals into four main types, each defined by their level of deficiency in pity and probity:
- Murderers – These individuals completely lack pity, making them capable of committing the most serious violent crimes, including homicide. According to Garofalo, their inability to empathize with others makes them particularly dangerous, and they often show no remorse for their actions.
- Violent criminals – While they retain some level of pity, it is weak, leading them to engage in aggressive acts such as assault, battery, or other violent offenses. These individuals may not kill but are still a significant threat to public safety due to their impulsivity and disregard for others’ well-being.
- Thieves and fraudsters – Lacking probity but not necessarily prone to violence, these criminals engage in property crimes like theft, fraud, and embezzlement. Their actions undermine social trust and economic stability, yet they may not be perceived as physically dangerous.
- Sexual offenders – Garofalo considered these criminals to be driven by abnormal moral instincts. He believed their crimes stemmed from a fundamental deviation from natural social behavior, making them particularly problematic for society.
Garofalo’s classification system emphasized that criminality was rooted in an individual’s psychological and moral disposition rather than purely external factors. His belief that these traits were largely unchangeable led him to advocate for strict measures, including permanent removal from society for the most dangerous offenders. Although modern criminology has evolved, his ideas influenced later theories on offender profiling, risk assessment, and criminal rehabilitation.
The Idea of Social Defense
Garofalo was a strong advocate of social defense, the idea that the legal system should protect society from dangerous individuals rather than focus on punishing offenders for moral or retributive reasons. He believed that:
- Some criminals were beyond rehabilitation and should be removed from society permanently.
- Punishments should be based on the danger an individual posed, not just the severity of their crime.
- The legal system should use scientific methods to determine the appropriate response to different types of criminals.
These ideas laid the groundwork for modern criminological approaches that emphasize risk assessment, crime prevention, and rehabilitation.
Influence on Modern Criminology
Garofalo’s work helped shape modern criminology by introducing scientific methods to the study of crime. His focus on psychological traits influenced later theories of criminal behavior, including psychological profiling and personality-based explanations of crime.
Although some of his ideas—such as the belief that criminality is hereditary—have been criticized, his emphasis on empirical research and crime prevention remains relevant. The concept of natural crime also influenced later debates on universal human rights and ethical standards in law enforcement.
Conclusion
Raffaele Garofalo was a key figure in the development of criminology as a scientific discipline. His theories on natural crime, criminal classification, and social defense challenged traditional views and paved the way for modern criminological research. Despite criticisms, his contributions continue to influence the study of crime and criminal justice policies today.
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Last Modified: 03/06/2025