criminal psychology-第84节
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Section 59。
Wherever we turn we face the absolute importance of language for our work。 Whatever we hear or read concerning a crime is expressed in words； and everything perceived with the eye； or any other sense； must be clothed in words before it can be put to use。 That the criminalist must know this first and most important means of understanding； completely and in all its refinements； is self… evident。 But still more is required of him。 He must first of all undertake a careful investigation of the essence of language itself。 A glance over literature shows how the earliest scholars have aimed to study language with regard to its origins and character。 Yet； who needs this knowledge？ The lawyer。 Other disciplines can find in it only a scientific interest； but it is practically and absolutely valuable only for us lawyers； who must； by means of language； take evidence； remember it； and variously interpret it。 A failure in a proper understanding of language may give rise to false conceptions and the most serious of mistakes。 Hence； nobody is so bound as the criminal lawyer to study the general character of language； and to familiarize himself with its force； nature； and development。 Without this knowledge the lawyer may be able to make use of language； but failing to understand it； will slip up before the slightest difficulty。 There is an exceedingly rich literature open to everybody。＇1＇
＇1＇ Cf。 Darwin： Descent of Man。 Jakob Grimm： ber den Ursprung der Sprache。 E。 Renan： De l'Origine du Language； etc。； etc。
Section 60。 （a） General Study of Variety in Forms of Expression。
Men being different in nature and bringing…up on the one hand； and language； being on the other； a living organism which varies with its soil； i。 e。； with the human individual who makes use of it； it is inevitable that each man should have especial and private forms of expression。 These forms； if the man comes before us as witness or prisoner； we must study； each by itself。 Fortunately； this study must be combined with another that it implies； i。 e。； the character and nature of the individual。 The one without the other is unthinkable。 Whoever aims to study a man's character must first of all attend to his ways of expression； inasmuch as these are most significant of a man's qualities； and most illuminating。 A man is as he speaks。 It is not possible； on the other hand； to study modes of expression in themselves。 Their observation requires the study of a group of other conditions； if the form of speech is to be explained； or its analysis made even possible。 Thus； one is involved in the other； and once you know clearly the tricks of speech belonging to an individual； you also have a clear conception of his character and conversely。 This study requires； no doubt； considerable skill。 But that is at the command of anybody who is devoted to the lawyer's task。
Tylor is correct in his assertion； that a man's speech indicates his origin much less than his bringing…up； his education； and his power。 Much of this fact is due to the nature of language as a living growth and moving organism which acquires new and especial forms to express new and especial events in human life。 Geiger＇1＇ cites the following example of such changes in the meaning of words。 ‘‘Mriga'' means in Sanscrit； ‘‘wild beast；'' in Zend it means merely ‘‘bird；'' and the equivalent Persian term ‘‘mrug'' continues to mean only ‘‘bird；'' so that the barnyard fowls； song…birds； etc。； are now called ‘‘mrug。'' Thus the first meaning； ‘‘wild animal'' has been transmuted into its opposite； ‘‘tame animal。'' In other cases we may incorrectly suppose certain expressions to stand for certain things。 We say； ‘‘to bake bread； to bake cake； to bake certain meats；'' and then again； ‘‘to roast apples； to roast potatoes； to roast certain meats。'' We should laugh if some foreigner told us that he had ‘‘roasted'' bread。
＇1＇ Ursprung u。 Eutwieklung der Sprache。 Stuttgart； 1869。
These forms of expression have； as yet； no relation to character； but they are the starting…point of quite characteristic modes which establish themselves in all corporations； groups； classes； such as students； soldiers； hunters； etc。； as well as among the middle classes in large cities。 Forms of this kind may become so significant that the use of a single one of them might put the user in question into jeopardy。 I once saw two old gentlemen on a train who did not know each other。 They fell into conversation and one told the other that he had seen an officer； while jumping from his horse； trip over his sword and fall。 But instead of the word sword he made use of the old couleur…student slang word ‘‘speer；'' and the other old boy looked at him with shining eyes and cried out ‘‘Well； brother； what color？''
Still more remarkable is the mutation and addition of new words of especially definite meaning among certain classes。 The words become more modern； like so much slang。
The especial use of certain forms is individual as well as social。 Every person has his private usage。 One makes use of ‘‘certainly；'' another of ‘‘yes； indeed；'' one prefers ‘‘dark；'' another ‘‘darkish。'' This fact has a double significance。 Sometimes a man's giving a word a definite meaning may explain his whole nature。 How heartless and raw is the statement of a doctor who is telling about a painful operation； ‘‘The patient sang！'' In addition； it is frequently necessary to investigate the connotation people like to give certain words； otherwise misunderstandings are inevitable This investigation is； as a rule； not easy； for even when it is simple to bring out what is intended by an expression； it is still quite as simple to overlook the fact that people use peculiar expressions for ordinary things。 This occurs particularly when people are led astray by the substitution of similars and by the repetition of such a substitution。 Very few persons are able to distinguish between identity and similarity； most of them take these two characters to be equivalent。 If A and B are otherwise identical； save that B is a little bigger； so that they appear similar； there is no great mistake if I hold them to be equivalent and substitute B for A。 Now I compare B with C； C with D； D with E； etc。； and each member of the series is progressively bigger than its predecessor。 If now I continue to repeat my first mistake； I have in the end substituted for A the enormously bigger E and the mistake has become a very notable one。 I certainly would not have substituted E for A at the beginning； but the repeated substitution of similars has led me to this complete incommensurability。 gou_；'' to stride proudly； ‘‘dna；'' to demand。 The Mpongwes say； ‘‘m tonda；'' I love； and ‘‘mi tnda；'' I do not love。 Such differentiations in tone our own people make also； and the mutation of meaning is very close。 But who observes it at all？
Important as are the changes in the meanings of words； they fall short beside the changes of meaning of the conception given in the mode of exposition。 Hence； there are still greater mistakes； because a single error is neither easily noticeable nor traceable。 J。 S。 Mill says； justly； that the ancient scientists missed a great deal because they were guided by linguistic classification。 It scarcely occurred to them that what they assigned abstract names to really consisted of several phenomena。 Nevertheless； the mistake has been inherited； and people who nowadays name abstract things； conceive； according to their intelligence； now this and now that phenomenon by means of it。 Then they wonder at the other fellow's not understanding them。 The situation being so； the criminalist is coercively required； whenever anything abstract is named； first of all to determine accurately what the interlocutor means by his word。 In these cases we make the curious discovery that such determination is most necessary among people who have studied the object profoundly； for a technical language arises with just the persons who have dealt especially with any one subject。
As a rule it must be maintained that time； even a little time； makes an essential difference in the conception of any object。 Mittermaier； and indeed Bentham； have shown what an influence the interval between observation and announcement exercises on the form of exposition。 The witness who
