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criminal psychology-第124章

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Most difficulties with hysterics occur when they suffer some damage;'1' for they not only add a number of dishonest phenomena; but also actually feel them。 I might recall by way of example Domrich's story; that hysterics regularly get cramps laughing; when their feet get cold。 If this is true it is easy to conceive what else may happen。


'1' Cf。 H。 Gross's Archiv。 VI; 334。


All this; clearly; is a matter for the court physician; who alone should be the proper authority when a hysteric is before the court。 We lawyers have only to know what significant dangers hysterics threaten; and further; that the physician is to be called whenever one of them is before us。 Unfortunately there are no specific symptoms of hysteria which the layman can make use of。 We must be satisfied with the little that has just been mentioned。 Hysteria; I had almost said _*fortunately_; is nowadays so widespread that everybody has some approximate knowledge of how it affects its victims。


(4) _Particular Feminine Qualities_。

Section 70。 (a) Intelligence。

Feminine intelligence properly deserves a separate section。 Intelligence is a function that has in both sexes some basis and purpose and proceeds according to the same rules; but the meaning of intelligence must be abandoned if we are to suppose it so rigid and so difficult to hold; that the age…long differences between man and woman could have had no influence on it。 The fundamentally distinct bodies; the very different occupations of both sexes; their different destinies; must have had profound mutative influence on their intelligence。 Moreover; we must always start with a difference of attitude in the two sexes; in which the purely positive belongs to one only; and we must see whether it is not intensified by the negative of the other。 When one body presses on another the resulting impression is due; not only to the hardness of the first; but  also to the softness of the second; and when we hear about the extraordinary wit of a woman we must blame the considerable idiocy of the men she associates with。 How many women are to be trusted for intelligence; is a question of great importance for the criminalist; inasmuch as right judgment depends on the attitude and good sense of the witnesses; and must determine the value of the material presented us。

We wish to make no detailed sub…divisions in what follows。 We shall merely consider in their general aspects those functions which we are accustomed to find in our own work。


Section 71。 I。 Conception。

Concerning feminine sense…perception we have already spoken。 There is no significant difference between the two sexes; although in conceptual power we find differences very distinct。

It may be generally said; as the daily life shows; that women conceive differently from men。 Whatever a dozen men may agree on conceptually; will be differently thought of by any one woman。 Now what is significant in this fact is; that generally the woman is correct; that she has a better conception;and still under the same circumstances we continue to conceive in the same way; even for the tenth time。 This fact demonstrates that a different form of organization; i。 e。; an essential difference in nature; determines the character of conception in the two sexes。 If we compare values; the result will be different according to sex; even with regard to the very material compared; or to the manner in which it has been discovered。 In the apprehension of situations; the perception of attitudes; the judgment of people in certain relations; in all that is called tact; i。 e。; in all that involves some abstraction or clarification of confused and twisted material; and finally; in all that involves human volitions; women are superior; and more reliable individually; then ten men together。 But the manner in which the woman obtains her conception is less valuable; being the manner of pure instinct。 Or suppose that we call it more delicate feelingthe name does not matterthe process is mainly unconscious; and is hence of less value only; if I may say so; as requiring less thought。 In consequence; there is not only not a decrease in the utility of feminine testimony; also its reliability is very great。 There may be hundreds of errors in the dialectical procedure of a man; while there is much more certainty in the instinctive conception and the direct reproduction of a woman。 Hence; her statements are more reliable。 

We need not call the source of this instinct God's restitution for feminine deficiency in other matters; we can show that it is due to natural selection; and that the position and task of woman requires her to observe her environment very closely。 This need sharpened the inner sense until it became unconscious conception。 Feminine interest in the environment is what gives female intuition a swiftness and certainty unattainable in the meditations of the profoundest philosophers。 The swiftness of the intuition; which excludes all reflection; and which merely solves problems; is the important thing。 Woman perceives clearly; as Spencer says somewhere; the mental status of her personal environment; while Schopenhauer has incorrectly suggested that women differ from men intellectually because they are lazy and want short…cuts to attain their purpose。 In point of fact; they do not want short…cutsthey simply avoid complicated inference and depend upon intuition; as they very safely may。 Vision is possible only where perception is possible; i。 e。; when things are near。 The distant and the veiled can not be seen; but must be inferred; hence; women let inference alone and do what they can do better。 This suggests the value of these different interpretations of the feminine mode of conception。 As lawyers we may believe women where intuition is involved; where inference is a factor we must be very careful。 Sensory conception is to be understood in the same way as intellectual conception。 According to Mantegazza;'1' woman has a particularly good eye for the delicate aspects of things but has no capacity for seeing things on the horizon。 A remote; big object does not much excite her interest。 This is explained by the supposed fact that women as a rule can not see so far as men; and are unable to distinguish the distant object so well。 This is no explanation because it would be as valid of all short…sighted people。 The truth is; that the definition of distant objects requires more or less reason and inference。 Woman does not reason and infer; and if things miss her intuition; they do not exist for her。


'1' Mantegazza: Fisiologia del piacere。


Objectivity is another property that women lack。 They tend always to think in personalities; and they conceive objects in terms of personal sympathies。 Tell a woman about a case so that her interest will be excited without your naming the individuals save as A and B; and it will be impossible to get her to take a stand or to make a judgment。 Who are the people; what are they; how old are they; etc。? These questions must be answered first。 Hence the divergent feminine conceptions of a case before and after the  names are discovered。 The personalizing tendency results in some extraordinary things。 Suppose a 
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