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estion of determinism is solved。 The solution of this question is not our task。 We do get an opening however through which we can approach the criminal；not by having to examine the elusive character of his will； but by apprehending the intelligible expression of his capacity。 The weight of our work is set on the application of the concept of causality； and the problem of free…will stands or falls with that。
＇1＇ M。 W。 Drobisch： Die moralische Statistik。 Leipzig 1867。
＇2＇ Neues Archiv des Kriminal…Rechts。 Vol。 14。
Bois…Reymond in his ‘‘Limits of the Knowledge of Nature'' has brought some clearness into this problem： ‘‘Freedom may be denied； pain and desire may not； the appetite which is the stimulus to action necessarily precedes sense…perception。 The problem； therefore； is that of sense…perception； and not as I had said a minute ago； that of the freedom of the will。 It is to the former that analytic mechanics may be applied。'' And the study of sense…perception is just what we lawyers may be required to undertake。
Of course； it is insufficient merely to study the individual manifestations of human capacities； for these may be accidental results or phenomena； determined by unknown factors。 Our task consists in attaining abstractions in accord with careful and conscientious perceptions； and in finding each determining occasion in its particular activities。
According to Drobisch； ‘‘maxims and the subjective principles of evolution are； as Kant calls them； laws of general content required to determine our own volitions and actions。 Then again； they are rules of our own volition and action which we ourselves construct； and which hence are subjectively valid。 When these maxims determine our future volitions and actions they are postulates。'' We may； therefore； say that we know a man when we know his will； and that we know his will when we know his maxims。 By means of his maxims we are able to judge his actions。
But we must not reconstruct his maxims theoretically。 We must study everything that surrounds； alters； and determines him； for it is at this point that a man's environments and relationships most influence him。 As Grohmann said； half a century ago； ‘‘If you could find an elixir； which could cause the vital organs to work otherwise； if you could alter the somatic functions of the body； you would be the master of the will。'' Therefore it is never superfluous to study the individual's environmental conditions； surroundings； all his outer influences。 That the effort required in such a study is great； is of course obvious； but the criminal lawyer must make it if he is to perform his task properly。＇1＇
＇1＇ H。 Mnsterberg： Die Willeshandlung and various chapters on will in the psychologies of James； Titchener； etc。
Topic 8。 EMOTION。
Section 58。
Little as emotion； as generally understood； may have to do with the criminalist； it is； in its intention； most important for him。 The motive of a series of phenomena and events； both in prisoners and witnesses； is emotion。 In what follows； therefore； we shall attempt to show that feeling； in so far as we need to consider it； need not be taken as an especial function。 This is only so far significant as to make our work easier by limiting it to fewer subjects。 If we can reduce some one psychic function to another category we can explain many a thing even when we know only the latter。 In any event； the study of a single category is simpler than that of many。＇1＇
＇1＇ A。 Lehman： Die Hauptgesetze des menschlichen Gefhlsleben。 Leipzig 1892。
Abstractly； the word emotion is the property or capacity of the mind to be influenced pleasantly or unpleasantly by sensations； perceptions； and ideas。 Concretely； it means the conditions of desire or disgust which are developed by the complex of conditions thereby aroused。 We have first to distinguish between the so…called animal and the higher emotions。 We will assume that this distinction is incorrect； inasmuch as between these classes there is a series of feelings which may be counted as well with one as with the other； so that the transition is incidental and no strict differentiation is possible。 We will； however； retain the distinction； as it is easier by means of it to pass from the simpler to the more difficult emotions。 The indubitably animal passions we shall take to be hunger； thirst； cold； etc。 These are first of all purely physiological stimuli which act on our body。 But it is impossible to imagine one of them； without； at the same time； inevitably bringing in the idea of the defense against this physiological stimulus。 It is impossible to think of the feeling of hunger without sensing also the strain to find relief from this feeling； for without this sensation hunger would not appear as such。 If I am hungry I go for food； if I am cold I seek for warmth； if I feel pain I try to wipe it out。 How to satisfy these desiderative actions is a problem for the understanding； whence it follows that successful satisfaction； intelligent or unintelligent； may vary in every possible degree。 We see that the least intelligentreal cretinssometimes are unable to satisfy their hunger； for when food is given the worst of them； they stuff it； in spite of acute sensations of hunger； into their ears and noses； but not into their mouths。 We must therefore say that there is always a demand for a minimum quantity of intelligence in order to know that the feeling of hunger may be vanquished by putting food into the mouth。
One step further： In the description of the conduct of anthropoid apes which are kept in menageries； etc。； especial intelligence is assigned to those who know how to draw a blanket over themselves as protection against cold。 The same action is held to be a sign of intelligence in very young children。
Still more thoroughly graded is the attitude toward pain； inasmuch as barely a trace of intelligence is required； in order to know that it is necessary to wipe away a hot liquid drop that has fallen on the body。 Every physiological text…book mentions the fact that a decapitated frog makes such wiping movements when it is wet with acid。 From this unconscious activity of the understanding to the technically highest…developed treatment of a burn； a whole series of progressively higher expressions of intelligence may be interpolated； a series so great as to defy counting。
Now take another； still animal； but more highly…developed feeling； for example； the feeling of comfort。 We lay a cat on a soft bolster she stretches herself； spreads and thins herself out； in order to bring as many nerve termini as possible into contact with the pleasant stimuli of the bolster。 This behavior of the cat may be construed as instinctive； also as the aboriginal source of the sense of comfort and as leading to luxury in comfort； the stage of comfort which Roscher calls highest。 （I。 Luxury in eating and drinking。 II。 Luxury in dress。 III。 Luxury in comfort。）
Therefore we may say that the reaction of the understanding to the physiological stimulus aims to set it aside when it is unpleasant； and to increase and exhaust it when it is pleasant； and that in a certain sense both coincide （the ousting of unp