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what a woman regularly has to； every time she gives birth to a child； and surgeons and dentists assure us similarly。 Indeed the great surgeon； Billroth； is said to have asserted that he attempted new methods of operation on women first because they are less subject to pain； for like savages they are beings of a lower status and hence better able to resist than men。 In the light of such expressions we have to doubt the assertion that women are distinguished by weakness； and yet that assertion is correct。 The weakness must； however； not be sought where we expect to find it； but in the quite different feminine intelligence。 Wherever intelligence is not taken into consideration； woman is likely to show herself stronger than man。 She is better able to stand misfortune； to nurse patients； to bear pain； to bring up children； to carry out a plan； to persevere in a plan。 It would be wrong to say that feminine weakness is a weakness of will； for most examples show that women's wills are strong。 It is in matters of intelligence that they fail。 When somebody has to be persuaded； we find that a normally…organized man may agree when he is shown a logically…combined series of reasons。 But the feminine intelligence is incapable of logic； indeed； we should make a mistake in paying honor to the actual feminine in woman if she were capable of logic。 She is rather to be persuaded with apparent reasons； with transitory and sparkling matters that have only the semblance of truth。 We find her too ready to agree； and blame her will when it is only her different form of intelligence。 She persuades herself in the same way。 An epithet； a sparkling epigram； a pacifying reflection is enough for her； she does not need a whole construction of reason； and thus she proceeds to do things that we again call ‘‘weak。'' Take so thoroughly a feminine reflection as this。 ‘‘The heart seems to beatwhy shouldn't it beat for somebody？'' and the woman throws herself on the breast of some adventurer The world that hears of this fact weeps over feminine ‘‘weakness；'' while it ought really to weep over defective intelligence and bad logic。 That the physiological throb of the heart need not become significant of love； that the owner of a beating heart need not be interested in some man； and certainly not in that particular adventurer； she does not even consider possible。 She is satisfied with this clean…cut； sparkling syllogism； and her understanding is calm。 The judge in the criminal court must always first consider the weakness of the feminine intelligence； not of the feminine will。
It is supposed to be weakness of will which makes woman gossipy； unable to keep a secret。 But here again it is her understanding that is at fault。 This is shown by the fact； already thoroughly discussed by Kant； that women are good keepers of their own secrets； but never of the secrets of others。 If this were not a defect of intelligence they would have been able to estimate the damage they do。 Now； every one of us criminalists knows that the crime committed； and even the plan for it； has in most cases been betrayed by women。 We can learn most about this matter from detectives。 who always go to women for the discovery of facts； and rarely without success。 Of course； the judge must not act like a detective； but he must know when something is already a matter of discussion and its source is sought； where to look。 He is to look for the woman in the case。
Another consideration of importance is the fact that women who have told secrets have also altered them。 This is due to the fact that because they are secrets the whole is not told them and they have had to infer much； or they have not properly understood what was told。 Now； if we perceive that only a part of the revealed secret can be correct； the situation may be inferred with complete safety； but only by remembering this curious trait of feminine intelligence。 We have only to ask what illogical elements does the matter contain？ When these are discovered we have to ask； what is their logical form？ If the process is followed properly we get at the truth that what happens happens logically； but what is thought； is thought illogically even by women。
When we summarise all we know about woman we may say briefly： Woman is neither better nor worse； neither more nor less valuable than man； but she is different from him and inasmuch as nature has created every object correctly for its purpose； woman has also been so created。 The reason of her existence is different from that of man's and hence； her nature is different。
Section 78。 （b） Children。
The special character of the child has to be kept in mind both when it appears as witness and as accused。 To treat it like an adult is always wrong。 It would be wrong； moreover； to seek the differences in its immaturity and inexperience； in its small knowledge and narrower outlook。 This is only a part of the difference。 The fact is； that because the child is in the process of growth and development of its organs； because the relations of these to each other are different and their functions are different； it is actually a different kind of being from the adult。 When we think how different the body and actions of the child are； how different its nourishment； how differently foreign influences affect it； and how different its physical qualities are； we must see that its mental character is also completely different。 Hence； a difference in degree tells us nothing； we must look for a difference in kind。 Observations made by individuals are not enough。 We must undertake especial studies in the very rich literature。＇1＇
Section 79。 （I） General Consideration。
One does not need to have much knowledge of children to know that as a rule； children are more honest and straightforward than adults。 They are good observers； more disinterested and hence unbiased in giving evidence； but because of their weakness； more subject to the influence of other people。 Apart from intentional in…
＇1＇ Tracy： The Psychology of Childhood。 Boston 1894。 M。 W。 Shinn： Notes on the Development of a Child。 Berkeley 1894。 L。 Ferriani： Minoretti deliquenti。 Milano 1895。 J。 M。 Baldwin： Mental Development in the Child； etc。 New York 1895。 Aussage der Wirklichkeit bei Schulkindern。 Beitrage z。 Psych。 d。 Aussage。 II。 1903 Plschke： Zeugenaussage der Schler： in _Rechtsschutz_ 1902。 Oppenheim： The Development of the Child。 New York 1890。
fluences there is the tremendous influence of selected preconceptions。 If a child is an important witness we can never get the truth from him until we discover what his ideals are。 It is； of course； true that everybody who has ideals is influenced by them； but it is also true that children who have adventurous； imaginative tendencies are so steeped in them that everything they think or do gets color； tone； and significance from them。 What the object of adventure does is good； what it does not do is bad； what it possesses is beautiful； and what it asserts is correct。 Numerous unexplainable assertions and actions of children are cleared up by reference to their particular ideals； if they may be called ideals。
As a rule； we may hold that children have a certai