criminal psychology-第109节
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same event will give an identical description of the mere fact？ They have seen the event in accordance with their attitude toward life。 One has seen nothing； another this； another that； and； although the thing might have lasted only a very short time； it made such an impression that each has in mind a completely different picture which he now reproduces。＇1＇ As Volkmar said； ‘‘One
＇1＇ Cf。 H。 Gross's Archiv XIV； 83。
nation hears in thunder the clangor of trumpets； the hoof…beats of divine steeds； the quarrels of the dragons of heaven； another hears the mooing of the cow； the chirp of the cricket； the complaint of the ancestors； still another hears the saints turn the vault of heaven； and the Greenlander； even the quarrel of bewitched women concerning a dried skin。'' And Voltaire says； ‘‘If you ask the devil what beauty is； he will tell you that beauty is a pair of horns； four hoofs； and a tail。'' Yet； when we ask a witness what is beautiful； we think that we are asking for a brute fact； and expect as reliable an answer as from a mathematician。 We might as well ask for cleanliness from a person who thinks he has set his house in order by having swept the dirt from one corner to another。
To compare the varieties of intellectual attitude among men generally； we must start with sense…perception； which； combined with mental perception； makes a not insignificant difference in each individual。 Astronomers first discovered the existence of this difference； in that they showed that various observers of contemporaneous events do not observe at the same time。 This fact is called ‘‘the personal equation。'' Whether the difference in rate of sense…perception； or the difference of intellectual apprehension； or of both together； are here responsible； is not known； but the proved distinction （even to a second） is so much the more important； since events which succeed each other very rapidly may cause individual observers to have quite different images。 And we know as little whether the slower or the quicker observer sees more correctly； as we little know what people perceive more quickly or more slowly。 Now； inasmuch as we are unable to test individual differences with special instruments； we must satisfy ourselves with the fact that there are different varieties of conception； and that these may be of especial importance in doubtful cases； such as brawls； sudden attacks； cheating at cards； pocket…picking； etc。
The next degree of difference is in the difference of observation。 Schiel says that the observer is not he who sees the thing； but who sees of what parts it is made。 The talent for such vision is rare。 One man overlooks half because he is inattentive or is looking at the wrong place； another substitutes his own inferences for objects； while another tends to observe the quality of objects； and neglects their quantity； and still another divides what is to be united； and unites what is to be separated。 If we keep in mind what profound differences may result in this way； we must recogruze the source of the conflicting assertions by witnesses。 And we shall have to grant that these differences would become incomparably greater and more important if the witnesses were not required to talk of the event immediately； or later on； thus approximating their different conceptions to some average。 Hence we often discover that when the witnesses really have had no chance to discuss the matter and have heard no account of it from a third person； or have not seen the consequences of the deed； their discussions of it showed distinct and essential differences merely through the lack of an opportunity or a standard of correction。 And we then suppose that a part of what the witnesses have said is untrue； or assume that they were inattentive； or blind。
Views are of similar importance。＇1＇ Fiesto exclaims； ‘‘It is scandalous to empty a full purse； it is impertinent to misappropriate a million； but it is unnamably great to steal a crown。 The shame decreases with the increase of the sin。'' Exner holds that the ancients conceived Oedipus not as we do； they found his misfortune horrible； we find it unpleasant。
These are poetical criminal cases presented to us from different points of view； and we nowadays understand the same action still more differently； and not only in poetry； but in the daily life。 Try； for example； to get various individuals to judge the same formation of clouds。 You may hear the clouds called flower…stalks with spiritual blossoms； impoverished students； stormy sea； camel； monkey； battling giants； swarm of flies； prophet with a flowing beard； dunderhead； etc。 We have coming to light； in this accidental interpretation of fact； the speaker's view of life； his intimacies； etc。 This emergence is as observable in the interpretation also of the ordinary events of the daily life。 There； even if the judgments do not vary very much； they are still different enough to indicate quite distinct points of view。 The memory of the curious judgment of one cloud…formation has helped me many a time to explain testimonies that seemed to have no possible connection。
_Attitude or feeling_this indefinable factor exercises a great influence on conception and interpretation。 It is much more wonderful than even the march of events； or of fate itself。 Everybody knows what attitude （stimmung） is。 Everybody has suffered from it； everybody has made some use of it； but nobody can altogether define it。 According to Fischer； attitude consists in the compounded feelings of all the inner conditions and changes of the organism；
＇1＇ Marie Borst： Recherches experimentales sur l' du temoignage。 Archives de Psychologie。 Geneva。 Vol。 III。 no。 11。
expressed in consciousness。 This would make attitude a sort of vital feeling； the resultant of the now favorable； now unfavorable functioning of our organs。 The description is； however； not unexceptionable； inasmuch as single； apparently insignificant influences upon our senses may create or alter our attitudes for a long time without revealing its effect on any organ or its integration with the other mental states。 I know how merely good or bad weather determines attitude； how it may be helped immediately by a good cigar； and how often we may pass a day； joyous or dejected； only to discover that the cause is a good or a bad dream of the foregoing night。 Especially instructive in this regard was a little experience of mine during an official journey。 The trouble which brought me out was an ordinary brawl between young peasants； one of whom was badly cut up and was to be examined。 Half…way over； we had to wait at a wayside inn where I expected a relieving gendarme。 A quarter of an hour after the stop； when we renewed the journey； I found myself overcome by unspeakable sadness； and this very customary brawl seemed to me especially umpleasant。 I sympathized with the wounded boy； his parents； his opponents； all strangers to me； and I bewrayed the rawness of mankind； its love for liquor； etc。 This attitude was so striking that I began to seek its cause。 I found it； first of all； in the dreary region；then in the cup of hot coffee that I had drunk in the restaurant； which might possibly have been poisonous；finally； it occurred to me that the hoof…beats of the horses were tuned to a very saddening minor chord。 The coachman in his hurry had forgotten to take bells with him； and in order to avoid violating police regulations he had borrowed at the inn another peal； and my sad state dated from the moment I heard it。 I banished the sound and immediately I found myself enjoying the pretty scenery。
I am convinced that if I had been called to testify in my sad state； I would have told the story otherwise than normally。 The influence of music upon attitude is very well known。 The unknown influence of external conditions also makes a difference on attitude。 ‘‘If you are absorbed in thought；'' says Fechner； ‘‘you notice neither sunshine nor the green of the meadows； etc。； and still you are in a quite different emotional condition from that which would possess you in a dark room。''
The attitude we call indifference is of particular import。 It appears； especially； when the ego； because of powerful impressions； is concerned with itself； pain； sadness； important work； reflection； disease； etc。 In this condition we depreciate or undervalue the significance of everything that occurs about us。 Everything is brought into relation to our personal； immediate condition； and is from the point of view of our egoism； more or less indifferent。 It does not matter whether this attitude of indifference occurs at the time of perception or at the time of restatement during the examination。 In either case； the fact is robbed of its hardness； its significance； and its importance； what was white or black； is described as gray。
There is another and similar attitude which is distinguished by the fact that we are never quite aware of it but are much subject to it。 According to Lipps＇1＇ and Lotze；＇2＇ there is to be observed in neurotic attitudes a not rare and complete indifference to feeling； and in consciousness an essential lack of feeling…tone in perception。 Our existence； our own being； seems t
