John Henry Wigmore.

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Gary Library of Caw

northwestern University Law School


A Preliminary Bibliography

Modern Criminal Law




John H. Wigmore

Northwestern University Building


• V— »-»

Copyright 1909


Northwestern University.





Preface .- i-viii

Treatises and Essays I

Serials 102

Governments, Congresses, Societies and Institutions

(Reports, Proceedings and other Publications) 108



Emerson, somewhere preaching on Sincerity, declares, "That
statement only is fit to be made public which you have come at
in attempting to satisfy your own curiosity." By this canon, at
any rate, the printing of this Bibliography is justified. For it
was come at in attempting to prepare an order-list for the ac-
quisition, by the Gary Library of Law, of a Collection of Modern
Criminal Law and Criminology, and in later amplifying it as a
reference-list for members of the National Conference on Crimi-
nal Law and Criminology, held in Chicago in June, 1909.

No adequate list seemed to have been before printed. Accord-
ingly, the resources of the Gary Library were drawn upon to
prepare one. It is believed that there is no other library of law,
in this country, in which so ample a list could have been prepared.
This statement is ventured in view of the extensive bibliographi-
cal reference works needed, and, in particular, of the Gary Li-
brary's unique collection of Continental law library catalogues
acquired in personal visits to the libraries of most of the Conti-
nental capitals. At every turn, and even for Anglo-American
data, these resources served to enrich the list and to solve prob-
lems elsewhere insoluble. For example, the editions of Beccaria's
epoch-making Crimes and Punishments were indispensably am-
plified from the Catalogues of the Library of the Italian Depart-
ment of Justice at Rome and of the Library of Advocates at
Florence. The classical treatise of Olivecrona on the Punishment
of Death, commonly cited in its French translation, was in its
original found only in the Catalogue of the Swedish Parliamen-
tary Library at Stockholm. The only comprehensive list of pub-
lications of Official Statistics of Criminal Convictions and Prisons
is given in the Catalogue of the Library of the Dutch Department
of Justice at the Hague. The best list of John Howard's books,
and their translations, appears in Dupin's edition (1819) of
Camus' Bibliotheque choisie des livres de droit. And it is a fact
that the Reports of the Massachusetts Probation Officers (the
oldest institution of its kind in this country), though not cited
in any discoverable list printed in English, are entered in the


Catalogue of the German Imperial Department of Justice at Ber-
lin.* And these are but casual examples from scores.

It seemed therefore not inappropriate to put forth this Bib-
liography as a Bulletin of the Gary Library of Law.

And now a few words of explanation to those who may use
ic. The book is put forth in the hope of aiding the study of
Criminal Science. That study (now so practical in its contrast
to the barren lack of science in our existing system) will expand
rapidly in the next ten years. The feature that must be recog-
nized — and that is indeed conceded in the very fact of this Na-
tional Conference — is that the science is one and comprehensive.
There cannot be longer endured the traditional but unnatural
separation of its constituent and contributory sciences — positive
law, anthropology, penology, psychology, police, sociology, and the
rest. The new science, the science that is to remold the law, must
unite all these branches and all the workers in them. The law's
traditional treatment of crime has been : Here is the offense ;
find the code penalty for it. The problem in the future will rather
be : Here is the offender ; find the treatment for him . This
means that all the contributory sciences must assist, and that the
lawmaker, the judge and the attorney must use their assistance.
Looking forward, then, in this new perspective (new, at any rate,
for the men of the law), a list of materials for study must sub-
sume the contributions of all the various contributory sciences.
For lack of any existing list of such a scope, the present list
(however preliminary and inadequate) will supply, it is hoped,
a real need.

As to its mode of preparation, the scope of its topics, and the
kinds of sources represented, some explanation will be expected.

Mode of Preparation. The first start was taken by as-
sembling the titles from the four longest lists hitherto published,
namely, MacDonald's bibliographies (two editions), Henderson's
(appended to his Delinquent Classes), Ferri's (appended to his
Sociologie Criminelle, ed. 1893), and Gross' (appended to his
Criminal Investigation, Eng. translation). This was expanded
by adding citations found in some fifteen or twenty leading re-
cent works, such as those of Ellis, Parmelee, Boies, Wey, and the
Vergleichende Darstellung. To these were consolidated numer-

*How well known abroad these reports are is shown by the circum-
stance that Professor Poustorosleff, a leading Russian criminologist,
sought, in correspondence with the writer, to obtain the continuations
of his set of the reports, which had somehow ceased coming for a time.


cms manuscript lists ; the most extensive were a set of some four
hundred cards from the John Crerar Library in Chicago (by
courtesy of Mr. Andrews and Mr. Josefson), a list on the phil-
osophy of criminal law from Professor Roscoe Pound, a list from
Messrs. Callaghan and Company of Chicago (prepared by Mr.
Johns), and lists from M. Martinus Nijhoff at the Hague. Then
the book-reviews in the following journals were searched: Archiv
fur Kriminal- Anthropologic (from the beginning), Monatschrift
fiir Kriminal-Psychologie (from the beginning), Archives d' An-
thropologic Criminelle (from the beginning), and Archivio di
Psichiatria e Scienze Penale (from 1891). To these results were
added all the suitable titles in the following books : for the Con-
tinent, Muhlbrecht's Wegweiser, as well as several selected lists
marked for the writer in 1905 by the courtesy of numerous Euro-
pean professors (particularly Schulze of Strassburg, Gierke and
Bornhak of Berlin, Gradenwitz of Konigsberg, and Weyl of
Kiel) ; for England and the United States, Soule's Lawyer's
Reference Manual, Marvin's Legal Bibliography, and the Cata-
logue of the Chicago Law Institute. Then began the process of
filling in missing dates, editions, places and initials, in the course
of which numerous titles were discovered and added, especially
to complete the list of an important author's works. For this
purpose the Gary Library's bibliographical collection was chiefly
drawn upon, not only the standard bibliographies (such as Torres-
Campos' for Spain, NijhofFs for the Netherlands, the general
Catalogues of the French Society of Comparative Legislation and
the French Committee for Comparative Legislation, and the
numerous publishers' lists), but also the various Parliamentary
and Departmental Library Catalogues for Austria, Belgium,
France, Germany, Italy, Netherlands, Norway, Spain and Swe-
den. The Governmental Documents of Great Britain and the
United States were then further amplified from King's Hand-
book of Parliamentary Papers and from the usual Government
catalogues published at Washington (though here the lack ot
the third edition, not yet off the press, was seriously felt). Man-
uscript lists from Professor Henderson (University of Chicago),
of the American Prison Association, were here much appreci-
ated. Something over one hundred volumes in all were drawn

This enumeration of sources will show that the list here
printed, however defective, is at least much more comprenen-


sive than any yet accessible. Indeed, of the constituent lists used,
no one of the longest contains probably one-twentieth of the
titles here contained.

Scope of Topics Included. Having in view the purpose of
the list, some topics were deliberately omitted. The mere lack
of time (the work having begun in December last) compelled
this, in order that the list might be ready for the Conference.
But in making the choice, the following reasons controlled: (a)
Codes and Statutes. The texts of codes and statutes, with trans-
lations, were omitted ; partly because the Gary Library has in prep-
aration a select bibliography of Modern Continental Law in which
they will appear; partly because the search for them amidst the
mass of statutory law required too much time ; and partly be-
cuse their equivalent is practically supplied in the numerous
commentaries here included. But the reports on the latest draft
codes have been included, for they are usually valuable mines of
reference, (b) Specific Crimes. Treatises on specific crimes,
such as theft, treason, murder, were omitted, chiefly because of
their relative unimportance for any but technical study of the
local code, (c) Trials. The annals of causes celebres, and the
reports of judgments of courts, were omitted; partly because they
are to be included in the select bibliography of the Gary Library
(already mentioned) ; partly because they are almost inextricably
mingled with civil cases in the reports and journals; and partly
because of their relative minor importance and of their sufficient
inclusion in the commentaries cited. But a place was given to
criminal biographies, autobiographies and other descriptive ma-
terial, for these will in the future serve as important material,
and they seldom appear in the conventional catalogues. Nearly
one hundred such works have been entered, and doubtless many
more could be found, (d) Special Sciences. The treatises deal-
ing with anthropological, psychological and sociological topics in
general were omitted, even though they might contain chapters
of criminological importance, unless their title or the known sub-
stance of their contents was expressly or mainly concerned with
criminology. The same step was taken for treatises on the gen-
eral philosophy of law, such as Spencer, Paley, Ahrens. A line
had to be drawn somewhere, though no doubt a complete bib-
liography would ultimately have to include some of this material,
as indeed is done in Ferri's, Henderson's, Gross' and MacDon-
ald's lists. Nevertheless the attempt has been made to include


the work of such authors as have exercised an important influence
in the discussion of distinctively penal questions, such as Ben-
tham, Filangieri, Romagnosi, Tissot. Since in Continental
treatises the methods of proof are treated in books on criminal
procedure, while in our system the rules of criminal evidence arc
treated in general books on Evidence, it was found necessary to
enter English and American treatises. Extradition of criminals
was omitted, as belonging inseparably to International Law.

The period covered by this list runs back from the present to
the last quarter of the 1700's, approximately the date of the pub-
lication of Beccaria's Crimes and Punishments and of John How-
ard's Observations on Prisons — writers who revolutionized the
world of thought on these subjects. This means that the history
of the criminal law, in a larger sense, is here ignored. One ex-
cuse for this is that the materials will be included in a bibliogra-
phy, now preparing for the Gary Library of Law, 011 Ancient,
Oriental, Primitive and Medieval Law ; another excuse is that
the topic is of relatively minor importance in its bearings on
modern criminological problems. On the other hand, it was hard
to stop before reaching Beccaria and Howard. They were the
founders of the existing system. The stages of development
since their day overlap too much to admit separation. If we
fancy that we can stop with Stephen in England, and Lombroso
in Italy, beginning a generation ago, we find, for England, that
Stephen only clarified a system that existed, without altering its
continuity ; while for the Continent, we find that Lombroso and
his followers, in commanding attention to new bodies of facts,
left undeflected the movements of procedural reform and penal
philosophy, which in turn antedated him by another generation or
two. If we move further back, to begin with the epoch of
Bentham, Mittermaier, Rossi, Romagnosi and the Eastern Peni-
tentiary of Pennsylvania, we discover that their philosophies and
their methods found support in a popular, moral and intellectual
attitude which was everywhere a generation old at least. And
thus, after all, we are obliged to seek the written records of the
directly initial forces in the epoch begun by Beccaria, Voltaire,
Eden and Howard. Before Beccaria, there is a long straight
stretch, at which we can stop; the treatises of Hale and Hawk-
ins, in England, merely perpetuate for the 1700's the philosophy
of Coke and the procedural reforms of William III; and the
polemic treatises of Muyart de Vouglans serve only to emphasize


the break of ideas which begins with Beccaria. This man — the
man of one book, but of a book which passed through more edi-
tions in more languages than any other book on the subject for
one hundred and fifty years thereafter — and John Howard, the
one in the theory and the other in the practice of punishment,
must be taken as the founders of the system that comes down in
continuity. As for the future system, there will probably be no
individuals who can be so singled out. A vast army has been
working. Only certain national distinctions mark the contributing
forces. Italy for anthropology and sociology, Germany for psy-
chology, France for sociology, England for procedure, the United
States for penology — thus the emphasis seems to prophesy at

The languages intended to be thoroughly covered in the present
list are five: United States, Great Britain, France (and Bel-
gium), Germany (and Austria) and Italy. Nevertheless, the
Spanish and Portuguese literature has been given some place,
for its recent valuable contributions to criminal sociology cannot
be ignored. Some place is also given to Netherlands, Norway,
Sweden and Switzerland ; for each of these countries, the effort
has been confined usually to citing its principal treatises, the latest
draft-code report and the official statistical reports. For Hun-
gary and the Slavic countries, the rarity of research by us in
their language made it seem hardly worth while to include their
literature ; although both in Russia and Hungary much advanced
work has been done, official statistics are more available than in
this country, and a large body of scholars and administrators are
active in modern methods.

Kinds of Sources Represented. The sources represented
include all kinds, except titles' of articles in journals and other
serials. These are indeed included in the lists of Ferri, Gross,
Henderson and MacDonald ; and in a completed bibliography
must not be omitted ; but in the present list time obviously did
not suffice ; moreover, one of its purposes, to serve as an order-
list for libraries, is sufficiently met by naming the serials them-
selves. The sources here covered are classified in what experi-
ence shows to be the most practical grouping for the searcher :
I, Treatises and Essays by specific authors; II, Serials; III, Re-
ports and other publications of Governmental Departments and
Institutions, Congresses, Societies and Private Institutions.


I. Treatises. This part will be found to contain a very
full representation. Naturally, much worthless material will
have got in ; but on the other hand it is believed that no
author of influence has been omitted. A special effort was
made to give a full representation, in titles and editions, to
the important works of the most prolific contributors in the
five principal countries included, such as Russell, Stephen,
Howard, for Great Britain ; Barrows, MacDonald, Wharton,
Wines, for the United States ; Lucas, Moreau, Tarde, Tissot,
for France ; Feuerbach, Binding, Liszt, Mittermaier, for Ger-
many, and Glaser, Gross, for Austria ; Beccaria, Ferri, Lom-
broso, Carrara, Pessina, for Italy. A chief service in this is
that the user may be able, amidst similar titles and re-edi-
tions, to identify and order with accuracy the precise works
which he seeks. To trail out and capture the various works
of the leading authors was one of the zests of the work. The
correct allotment of titles, editions or translations for such
authors as Binding, Mittermaier, Lombroso, Beccaria, de
Tocqueville, Lucas, was not as simple as might be supposed.
The initials of Ave-Lallemant, one of the first important
authors to be written down, were not discovered till the last
moment, in a freshly arrived antiquariat-Yist ; the editions and
translations of Beccaria kept multiplying till the presses were
started; and so on. It may be ventured that in no one alone
of the various works consulted was found a list of the titles
of any of the leading authors as ample as that here accumu-

II. Serials. This list has been made as extensive as pos-
sible, even at the cost of including much useless material,
because of the confusing similarity. of title in so many jour-
nals and the changes of title in others. It is believed that
the present list will facilitate an intelligent selection and
save much uncertainty.

III. Governments, Institutions, Congresses, Societies.
This part of the list confesses to the least approach to com-
pletion, particularly for the United States. Doubtless many
specialists will at once detect its shortcomings. But it is at
least more extensive than any other list that could be found,
and represents a greater range of culling than any of the
other portions. The reports, for example, of the Interna-
tional Prison Congresses (which are still incompletely cited)


were gathered from a dozen different sources. The Govern-
mental statistical reports which came from a score of sources
are almost impossible to trace down with accuracy, owing
partly to their variety of departments and their frequent
changes of title ; and yet they deserve most of all to be com-
pleted, for it is apparent that the methods of the future
must depend largely, for approval and extension, on their
verification empirically in operation.

For all shortcomings the consideration of those who have tried
like tasks is craved. The list is printed in the earnest hope that
it may save the labor and thus aid the work of all those who in
the next few years will be studying to advance this comprehen-
sive science now opening before us. J. H. W.
Northwestern University,
Chicago, March 21, 1909.


Abadie. L'avocat devant le juge d 'instruction. Paris, 1898.
Abbott, A. Brief for the Trial of Criminal Causes. New York,

1889. 2( 1 ecL > Rochester, 1902.
Abbott, A. O. Prison Life in the South.
Abbott, B. V. Judge and Jury. New York, 1880.
Abegg, J. F. H. Untersuchungen aus dem Gebiete der Straf-

rechtswissenschaft. Breslau, 1830.

Die verschiedenen Strafrechtstheorien in ihrem

nisse zu einander. Neustadt, 1835.

Lehrbuch der Strafrechtswissenschaft. Neustadt, 1836.

Abel-Musgrave, C. Kinder in deutschen Gefangnissen. Ein

Appell an das offentliches Gewissen. Dresden.

Adams, E. P. Story-sermons from Les Miserables. Rochester,
N. Y., 1895.

Adams, H. L. The Story of Crime. 1908.

■ Oriental Crime. London, 1908.

Addis, Wellford. The Bertillon System as a means of sup-
pressing the Business of Living by Crime.
(Pub. in Report of U. S. Bureau of Education, 1896, Vol. 2.)

Ademollo. II gindizio criminale in Toscana sccondo la riforma
leopoldina del 1838. Firenze, 1840.

Adshead, J. Prisons and Prisoners. London, 1845.

Juvenile criminals, Reformatories, and the means of render-
ing the perishing and the dangerous classes serviceable to
the State. Manchester, 1856-1880.

Aignan. Histoire du jury. 1822.

Alauzet. Essai sur les peines et le systeme penitentiare. i860.
Albanel, L. Etude statistique sur les enfants traduits en justice.
Paris, 1897.

Le crime dans la famillc. Paris, 1900.

Alberti, O. Rechtswidrige Unterlassungen.
Alderete-Vilches, F. de P. Fauna criminal. Estudio de crim-

inologia practica. Madrid, 1904.

Alessandro, L. Delitto e pena nel pensiero dei Greci. Studi
sulle concezioni antiche e confronti con le teorie odierne.
Torino, 1904.

Aletrino, A. Handleiding bij de studie der crimineele anthro-
pologic Amsterdam, 1902-1904.

Alexander, zu D. Die Rechtswidrigkeit als allgemeingultiges
Merkmal im Tatbestande straf barer Plandlungen. Halle,

Alhoy. Les bagnes. Paris, 1845.



Alimena, B. La premeditazioni in sui rapporti colla psicologia,
col diritto, e colla legislazione comparata. Torino, 1887.

I limiti e i modificatori dell' imputabilita. 3 vols. Torino,

1 894- 1 899.

Sn i principii direttivi di nn nuovo codice di procedwra

penale. Roma, 1900.

II giudizio d'accusa nella legislazione inglese. Torino, 1890.

Studi di procedura penale.

Alinge, De. Besserung auf dem Wege der Individualisirung.

Alinquist. Reformes penitentiaires en Suede. 1872.

Resume historique de la reforme penitentiaire en Suede

depuis 1800. 1885.

Allaman. Des alienes criminels. Paris, 1891.

Allen, S. Observations on Penitentiary Discipline, addressed to

Wm. Roscoe. New York, 1827.
Allfeld, P. Der bedingte Straferlass. Leipzig. 1901.

Die Bedeutung des Rechtsirrtums im Strafrecht. Leipzig,


Allier, R. £tudes stir le systeme penitentiaire et les societes
de patronage. Paris, 1842.

Allison, A. Principles of the criminal law of Scotland. Edin-
burgh, 1832.

Alongi, G. La maffia. Studio sulle classi pericolose in Sicilia.
Torino, 1887.

Le domicile force en Italic 1889.

La Camorra. Torino, 1890.

Mannale di polizia scientifica. Milano, 1898-1899.

Polizia e delinquenza in Italia. Roma.

Altgeld, J. P. Our penal machinery and its victims. Chicago,
1884. 2d ed., 1886. 3d ed., 1890.

Reasons for pardoning Fielden, Neebe and Schwab. Spring-
field, 1893.

American Bankers' Association. Book of photographs. New
York, 1895.

d'ANCHiSE. La riabilitazione dei condannati ; studio teorico-
pratico. Napoli, 1908.

Anderson, R. Criminals and Crime ; some Facts and Sugges-
tions. Edinburgh, 1907.

Andrade, B. W. La antropologia criminale. Madrid, 1896.

Andre, G. C. Our criminal Fellow-citizens. London.

Andre, L. La recidive. Paris, 1892.

Andreotti, A. Azione penale. Milano, 1902.

La forma psichica del reato.

Andronico. II mancinismo in rapporto alia delinquenza. 1884.

Anfosso, L. Atlante geografico della criminalita. Torino, 1887.

II casellario gindiziale centrale. Torino, 1896.

• La legislazione italiana sui manicomi e sugli alienati.

2d ed., Torino, 1905.


Angiolella, G. Delitto e delinquenti politici. Milano, 1903.

Manuale di antropologia criminale ad uso dei medici e degli

studenti di medicini e giurisprudenza. 2d ed., Milano, 1906.
lano, 1906.

L'uomo delinquente. 1905.

Angiolini, A. I delitti colposi. Torino, 1900.

Anschutz, G. De militaire strafgewangene. Batavia, 1899.

Anspach, J. La procedure devant les cours d'assises. 1st ed.,

Bruxelles, 1856. 2d ed., Paris, 1858.
Antonini, G. I precursori di C. Lombroso. Torino, 1900.
Studi di psicopatologia forense. 1901.

I principi fondamentali della antropologia criminale. Mi-
lano, 1906.

Appel, J. Der Vollzug der Freiheitsstrafen in Baden. Karls-
ruhe, 1905.

Appelius, H. Die bedingte Verurtheilung und der anderen Er-
satzmittel fiir kurzzeitige Freiheitsstrafen. 4th ed., Kassel,

Die Behandlung jugendlicher Verbrecher und verwahr-

loster Kinder. Berlin, 1892.

Appert, B. Bagnes, prisons et criminels. Paris, T 836.
Appertv, B. Geheimnisse des Verbrechens. 1851.

Ueber Wohltatigkeits- und Straf-Anstalten. Leipzig, 1852.

Arabia, F. S. Del diritto di punire secondo la scuola positiva.

Napoli, 1884.

Del codice penale italiano. Napoli, 1887.

Del giuri nella legislazione italiana.

Arambubu y Zuloaga, F. de. La nueva ciencia penal. Madrid,

Sevilla, 1887.
Arboux, J. Les prisons de Paris. Paris, 1881.

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