criminal psychology-第104节
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nt； the extreme tension； then the effort _in venere_； finally； perhaps also the use of popularly well…known stimulants； etc。； may easily cause weakening； sickening； and as conclusion the death of the old man。 But the public does not draw this kind of inference； it simply assumes； without asking the reason； that when an old man marries a young woman； he dies。 Therefore a young wife may easily think； ‘‘If I make use of poison nobody will wonder； nobody will see anything suspicious about the death。 It is only an event which is universally supposed to happen。 The old man died because he married me。'' Such ideas may easily seduce an uneducated woman and determine her conduct。 Of course； they are not subject to observation； but they are not beyond control； if the popular views concerning certain matters are known as the views which determine standards。 Therefore their introduction into the plot of the suspect may help us in drawing some useful inference。＇1＇
With regard to child…murder the consideration of psychopathic conditions need not absolutely be undertaken。 Whether they are present must； of course； be determined； and therefore it is first of all necessary to learn the character of the suspect's conduct。 The opportunity for this is given in any text…book on legal medicine； forensic psychopathology； and criminal psychology。 There are a good many older authors。＇2＇ Most of the cases cited by authorities show that women in the best of circumstances have behaved innumerable times in such a way that if they had been poor girls child…murder would immediately have been assumed。 Again； they have shown that the sweetest and most harmless creatures become real beasts at the time of accouchement； or shortly after it develop an unbelievable hatred toward child and husband。 Many a child… murder may possibly be explained by the habit of some animals of consuming their young immediately after giving birth to them。 Such cases bind us in every trial for child…murder to have the mental state of the mother thoroughly examined by a psychiatrist； and to
＇1＇ Cf H。 Gross's Archiv。 I； 306； III； 88； V； 207； V； 290。
＇2＇ Wigand： Die Geburt des Mensehen。 Berlin 1830。 Klein ber Irrtum bei Kindesmord； Harles Jahrbuch； Vol。 3。 Burdach Gerichtsrtztliche Arbeiten。 Stuttgart； 1839。
interpret everything connected with the matter as psychologist and humanitarian。 At the same time it must not be forgotten that one of the most dangerous results is due to this attitude。 Lawmakers have without further consideration kept in mind the mental condition of the mother and have made child…murder much less punishable than ordinary murder。 It is inferred； therefore； that it is unnecessary to study the conditions which cause it。 This is dangerous； because it implies the belief that the case is settled by giving a minimum sentence； where really an infinity of grades and differences may enter。 The situation that the law…maker has studied is one among many； the majority of which we have yet to apprehend and to examine。
Section 76。 （d） Emotional Disposition and Related Subjects。
Madame de Krdener writes in a letter to Bernardin de St。 Pierre： ‘‘Je voulais tre sentie。'' These laconic words of this wise pietist give us an insight into the significance of emotional life of woman。 Man wants to be understood； woman felt。 With this emotion she spoils much that man might do because of his sense of justice。 Indeed； a number of qualities which the woman uses to make herself noted are bound up with her emotional life； more or less。 Compassion； self…sacrifice； religion； superstition；all these depend on the highly developed； almost diseased formation of her emotional life。 Feminine charity； feminine activity as a nurse； feminine petitions for the pardon of criminals； infinite other samples of women's kindly dispositions must convince us that these activities are an integral part of their emotional life； and that women perform them only； perhaps； in a kind of dark perception of their own helplessness。 On the one side an unconscious egoism impels them to the defence of those who find themselves in a _*similar_ condition； on the other side； it is a feminine characteristic to apply anything she is to judge to herself first； and then to make her choice。 That she does this； rests on the eminent overweight of emotion。 So Schopenhauer says： ‘‘Women are very sympathetic； but they are behind man in all matters of justice； probity； and scrupulous conscientiousness。 Injustice is the fundamental feminine defect。''＇1＇ Schopenhauer should have added； ‘‘because they are too sympathetic； because emotion takes up so much place in their minds that they have not enough left for justice。'' According to Proudhon； ‘‘The conscience of woman
＇1＇ Parerga and Paralipomena。
is as much weaker than man's as her intelligence is smaller。 Her morality is of a different sort； her ideas of right and wrong are different； being always on this or that side of justice； and never requiring any equivalence between rights and duties which are such a painful necessity to man。'' Spencer says；＇1＇ briefly； that the feminine mind shows a definite lack with regard to the sense of justice。
These assertions show that women are deficient in justice； but do not show why。 The deficiency is to be explained only in the super… abundance of emotional life。 This superabundance clarifies a number of facts of their daily routine。 We have； of course； to make a distinction between the feeling of a gentlewoman； of a peasant woman； and of the innumerable grades between the two； but this distinction is not essential。 Both noble and proletarian are equally unjust； but the rich emotion restores a thousand times what may be missing in justice； and perhaps in many cases hits better upon what is absolutely right than the bare masculine sense of justice。 We are； of course； frequently mistaken by relying on the testimony of women； but only when we assume that our rigorously judicial sentence is the only correct one； and when we do not know how women judge。 Hence； we interpret women's testimonies with difficulty and rarely with correctness； we forget that almost every feminine statement contains in itself much more judgment than the testimony of men； we fail to examine how much real judgment it contains； and finally； we weigh this judgment in other scales than those used by the woman。 We do best； therefore； when we take the testimony of man and woman together in order to find the right average。 This is not easy； for we are unable to enter properly into the emotional life of woman； and can not therefore discount that tendency of hers to drag the objective truth in some biased direction。 It might be theoretically supposed that a noble； kindly； feminine feeling would tend to reflect everything as better and gentler； and would tend to excuse and conceal。 If that were so we might have a definite standard of valuation； and might be able to discount the feminine bias。 But that is so in perhaps no more than half the cases that come before us。 In all others woman has allowed herself to be moved to displeasure； and appears as the punishing avenger。 Hence； she fights with all her strength on the side that seems to her to be oppressed and innocently persecuted； irrespective of whether it is
＇1＇ Introduction to the Study of Sociology。
the side of the accused or of his enemy。 In consequence； we must first of all； when judging her statements； determine the direction in which her emotion impels her； and this can not be done with a mere knowledge of human nature。 Nothing will do except a careful study of the specific feminine witness at the time she gives her evidence。 And this requires the expenditure of much time； for； to plunge directly into the middle of things without having any means of comparison or relation； is to make judgment impossible or very unsafe。 If you are to do it at all you must discuss other things first and even permit yourself the dishonesty of asking about matters which you already know in order to find some measure of the degree of feminine obliqueness。 Of course； one discovers here only the degree of obliqueness； not its directionin the case selected for comparison the woman might have judged too kindly； in the case in hand she may just as well be too rigorous。 But all things have a definite limit； and hence； much practice and much goodwill will help us to discover the direction of obliqueness。
When we inquire into the emotional life of the simple； uneducated women； we find it to be fundamentally the same as that of women of other classes； but different in expression； and it is the expression we have to observe。 Its form is often raw； therefore difficult to discover。 It may express itself in cursing and swearing； but it is still an expression of emotion； just as are the mother's curses or beatings of her child because it has fallen and hurt itself。 But observe that the prevalence of emotion is so thoroughly a feminine condition that it is clearly noticeable only where femininity itself is explicit therefore； always weaker among masculine women； and in the single individual most powerful when femininity is most fully developed。 It grows in the child； remains at a constant level when woma
