In the first part of a brochure edited in 1878 and entitled, “Die Zunahme der Vergehen und Verbrechen und ihre Ursache,” the author attempts, with the aid of statistics, to discover in what measure criminality increased or decreased in Germany during the years 1871–1877. As a result of these researches he finds a considerable increase in all Germany.29

As regards the causes of this increase, Stursberg, though not rejecting entirely the opinion of Quetelet that society prepares the crime and that the criminal is only the instrument that executes it, is nevertheless of the opinion that it is very necessary to take into account the personal factor, i.e. the presence or absence of religious and moral sentiments. [56]

There are those, says the author, who seek the cause in the consequences of the war against France. Although believing also that the war has had unfavorable effects upon criminality, it is impossible, in his opinion that this war should be the cause of the increase of criminality, since crime decreased after the wars of 1864 and 1866. He considers that one of the causes is the great mildness of the penalties imposed by the new penal code of the empire. But according to him, this is not important, for since 1871 there has been rather a diminution than an increase of recidivism. Nor can bad economic conditions be the cause, says Stursberg; for criminality had already begun to increase before the bad years, and it is not theft that has increased the most. Nevertheless, Stursberg recognizes that prolonged poverty weakens the moral sentiments, which shows that criminality and poverty are closely connected.

But there are, in his opinion, more serious causes. There follows a description of the impetus taken by industry in Germany during the early seventies, a description not easily surpassed in pointlessness, and in the naïve ignorance that it evinces. Without comprehending the significance of the really important events that are happening about him, the author fulminates against certain consequences of modern capitalism.

—This appears to him as the consequence of a suddenly awakened desire for riches. But why should this desire arise at this time? The author does not tell us. But notwithstanding this he has unquestionably discovered here one of the principal causes, since the prodigious increase of industry, shortly followed by the inevitable crisis, has infallibly caused an increase in criminality. Since Stursberg treats this question rather as a moralist than as a man of science, we have no interest in spending longer time upon it.—

In the first few pages of his brochure Stursberg speaks of the disastrous consequences of alcoholism, after the enactment of the law of 1869, which increased the number of spirit shops. Armed with quotations without number he combats in turn the cafés-chantants, immoral literature, etc., etc.; after which he introduces all at once the matter of professional liberty. He speaks of the “influence, impossible to estimate, which honest and pious masters exercised for centuries upon the journeymen and apprentices, who were like members of the family.” “The freedom of the trades came in and loosed the bonds of piety and discipline which had retained the journeyman and apprentices in the home of their master.” [57]

—As far as we can see, the ideas of the author are rather those of a writer of the Middle Ages, than of a contemporary of modern capitalism. It cannot be denied that there is truth at the bottom of this reasoning. For it is incontestable that in the time of the guilds the position of the journeymen was in general more favorable than that of the proletariat today. But it does not follow that the religion of the master was the cause of this. And a demonstration in which professional liberty is represented as being in fact a legislative error, and not the logical and inevitable consequence of the birth of modern capitalism, is so unscientific that it has no place in an investigation into the causes of the increase of criminality.—

Then he preaches more particularly against the greater and greater extension of the study of the natural sciences, against social democracy, the lack of respect for constituted authorities, etc., etc., without, however, alleging the slightest proof of the connection of all this with the increase of crime. But at the end he says, “the fundamental cause of the increase of crime is the rapid growth of irreligion, and the weakening of Christian sentiment in church and school.”30