criminal psychology-第32节
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se the forms named rarely appear in clear and sharply defined subdivisions。 The boundaries are fluid； like the characters themselves； and where the properties of one group pass almost directly into the other； both description and recognition are difficult。 If； then； we can not depend upon a systematic； and at present remote treatment； we still may depend on well…founded observations which appear as reliable presuppositions in the light of their frequent repetition。
Not essentially psychological but of importance for the criminalist are the inferences we may draw from Herbert Spencer's assertion that people whose ancestors have worked with their hands possess heavy hands。 Conversely； people whose ancestors have not worked hard with their hands possess small and fine hands。 Hence the small delicate hands of Jews； the frequent perfection of form and invariable smallness of the hands of Gypsies； who have inherited their hands from high…cast Hindoos； and the so…called racial hands of real aristocrats。 That hard work； even tumbling； piano playing； etc。； should alter the form of a hand is self…evident； since muscles grow stronger with practice and the skin becomes coarser and drawn through friction； sharp wind and insufficient care。 As is well known； physical properties are hereditary and observable in any study of races； is it any wonder that a skilled glance at a man's hand may uncover a number of facts concerning the circumstances of his life？ Nobody doubts that there are raw； low； sensual； fat hands。 And who does not know the suffering； spiritual； refined； and delicate
＇1＇ W。 Esser： Psychologie。 Mnster 1854。
hand？ Hands cannot of course be described and distinguished according to fixed classification； and no doubt Hellenbach was right when he said； ‘‘Who can discover the cause of the magic charm which lies in one out of a hundred thousand equally beautiful hands？''
And this is remarkable because we are not fooled through a well cared for； fine and elegant hand。 Everybody； I might say； knows the convincing quality that may lie in the enormous leathery fist of a peasant。 For that； too； is often harmoniously constructed； nicely articulated； appears peaceful and trustworthy。 We feel that we have here to do with a man who is honest； who presents himself and his business as they are； who holds fast to whatever he once gets hold of； and who understands and is accustomed to make his words impressive。 And we gain this conviction； not only through the evidence of honest labor； performed through years； but also through the stability and determination of the form of his hands。 On the other hand； how often are we filled with distrust at the sight of a carefully tended； pink and white hand of an elegant gentleman whether because we dislike its condition or its shape； or because the form of the nails recalls an unpleasant memory； or because there is something wrong about the arrangement of the fingers； or because of some unknown reason。 We are warned； and without being hypnotised； regularly discover that the warning is justified。 Certain properties are sure to express themselves： coldness； prudence； hardness； calm consideration； greed； are just as indubitable in the hand as kindness； frankness； gentleness； and honesty。
The enchantment of many a feminine hand is easily felt。 The surrender； the softness； the concession； the refinement and honesty of many a woman is so clear and open that it streams out； so to speak； and is perceivable by the senses。
To explain all this； to classify it scientifically and to arrange it serially； would be； nowadays at least； an unscientific enterprise。 These phenomena pass from body to body and are as reliable as inexplicable。 Who has never observed them； and although his attention has been called to them； still has failed to notice them； need not consider them； but persons believing in them must be warned against exaggeration and haste。 The one advice that can be given is to study the language of the hand before officially ignoring it； not to decide immediately upon the value of the observations one is supposed to have made； but to handle them cautiously and to test them with later experiences。 It is of especial interest to trace the movement of the hand； especially the fingers。 I do not mean those movements which are external； and co…ordinate with the movements of the arm； those belong to mimicry。 I mean those that begin at the wrist and therefore occur in the hand only。 For the study of those movements the hand of childhood is of little use； being altogether too untrained； unskilled； and neutral。 It shows most clearly the movement of the desire to possess； of catching hold and drawing toward oneself； generally toward the mouth； as does the suckling child its mother's breast。 This movement； Darwin has observed even among kittens。
The masculine hand is generally too heavy and slow； clearly to exhibit the more refined movements； these are fully developed only in the feminine； particularly in the hands of vivacious； nervous； and spiritually excitable women。 The justice who observes them may read more than he can in their owner's words。 The hand lies in the lap apparently inert； but the otherwise well concealed anger slowly makes a fist of it； or the fingers bend characteristically forward as if they wished to scratch somebody's eyes out。 Or they cramp together in deep pain； or the balls of the four other fingers pass with pleasure over the ball of the thumb； or they move spasmodically； nervously； impatiently and fearfully； or they open and close with characteristic enjoyment like the paws of cats when the latter feel quite spry。
Closer observation will show that toes reveal a great deal； particularly among women who wear rather fine shoes and hence can move their feet with greater ease。 In anger； when they cannot； because it would be suggestive； stamp their feet； the women press their toes closely to the ground。 If they are embarrassed they turn the sole of their shoe slightly inwards and make small curves with the point on the ground。 Impatience shows itself through alternating and swinging pressure of heel and toe； repeated with increasing rapidity； defiance and demand through raising the toes in such a way that the sole is directly forward and the foot rests only on the heel。 Sensuality is always indicated when the foot is put forward and the shin bone lightly stretched out； when all the toes are drawn in toward the sole just as the cat does when she feels good。 What women do not say in words and do not express in their features and do not indicate in the movement of their hands； they say with their feet； the inner experience must express itself externally and the foot most betrays it。
In conclusion it ought to be kept in mind that the hands of all those people who claim to be hard workers but who really try to live without work； i。 e。 thieves； gamblers； etc。； ought to be carefully examined。 Concerning the value of graphology see my ‘‘Manual for Examining Judges。''
TITLE B。 THE CONDITIONS FOR DEFINING THEORIES。
Topic I。 THE MAKING OF INFERENCES。
Section 22。
The study of the human soul as psychology； has for its subject the whole stream of conscious life and for its aim the discovery of the occurrence and relation of the laws of human thought。 Now whether these relations imply the coherence of the objects thought about or not； so long as logic is dealing with the laws according to which thoughts must be correlated in order to attain to objectively valid knowledge； all questions that deal with the formal aspect of thinking do not enter the field of psychological investigation。 The general psychological problem is to describe the actual psychic events as they occur； to analyze them into their simplest elements； and inasmuch as it is this purely pragmatic application of psychology to the problem of inference that concerns us； we need to deal only with that law which defines the combination of images and with the question；how the spirit achieves this combination。 The material aspect of this question is therefore psychological。 The legal importance of the problem lies in the very potent fact that inferences and theories are often constructed which are formally or logically absolutely free of error； yet psychologically full of errors that no logic whatever could correct。 We have； therefore； to consider at least the most important conditions which determine the manner of our inferences。
The right which lawyers possess of studying these questions； so far as they lie in our field； is of modern establishment。 According to Hillebrand＇1＇ the theory of knowledge has to…day broken up into individual theories； involving the certain needs of special fields of knowledge。 The place of the epistomologists； who are professionals and beyond the pale of individual disciplines； is now taken by the representatives of those disciplines and each works expressly on his own epistomological problem。 Our especial problem is the drawing of inferences from the material presented to us or brought together by our efforts； just as in other disciplines。 If we set ourselves the
＇1＇ F。 Hillebrand： zur Lehre der Hypothesenbildung。
task of determining the procedure when subjectin
