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akes no impression； even though it is incomparably of greater magnitude。 Individual and noisy cases require so much attention that their character is assigned to the whole class。 Fortune…telling； dreams； forewarnings； and prophecies are similarly treated。 If they do not succeed； they are forgotten； but if in one case they succeed； they make a great noise。 They appear； therefore； to seduce the mind
＇1＇ Des Causes Marales et Physiques des Maladies Mentales。 Paris 1826。
＇2＇ System der Gerichtlichen Psychologie。 Regensburg 1852。
into incorrectly interpreting them as typical。 And generally； there is a tendency to make sweeping statements about children。 ‘‘If you have understood this； you understand that also；'' children are often told； and most of the time unjustly。 The child is treated like a grown man to whom _*this_ has occurred as often as _that_； and who has intelligence enough and experience enough to apply _this_ to _that_ by way of identification。 Consider an exaggerated example。 The child； let us say； knows very well that stealing is dishonorable； sinful； criminal。 But it does not know that counterfeiting； treachery； and arson are forbidden。 These differences； however； may be reduced to a hair。 It knows that stealing is forbidden； but considers it permissible to ‘‘rag'' the neighbors' fruit。 It knows that lying is a sin； but it does not know that certain lies become suddenly punishable； according to law； and are called frauds。 When； therefore； a boy tells his uncle that father sent him for money because he does not happen to have any at home； and when the little rascal spends the money for sweets； he may perhaps believe that the lie is quite ugly； but that he had done anything objectively punishable； he may be totally unaware。 It is just as difficult for the child to become subjective。 The child is more of an egoist than the adult； on the one hand； because it is protected and watched in many directions by the adult； on the other； because； from the nature of things； it does not have to care for anybody； and would go ship…wreck if it were not itself cared for。 The natural consequences are that it does not discover the limits between what is permissible； and what is not permissible。 As Kraus says；＇1＇ ‘‘Unripe youth shows a distinct quality in distinguishing good and evil。 A child of this age； that is required to judge the action or relations of persons； will not keep one waiting for the proper solution； but if the action is brought into relation to its selfhood； to its own personality； there is a sudden disingenuity； a twisting of the judgment； an incapacity in the child to set itself at the objective point of view。'' Hence； it is wrong to ask a child： ‘‘Didn't you know that you should not have done this thing？'' The child will answer； ‘‘Yes； I knew；'' but it does not dare to add； ‘‘I knew that other people ought not do it； but I might。'' It is not necessary that the spoiled； pampered pet should say this； any child has this prejudiced attitude。 And how shall it know the limit between what is permitted it； and what is not？ Adults must work； the child plays； the mother must cook； the child comes to the
＇1＇ Die Psychologie des Verbrechens。 Tbingen 1884。
laden table； the mother must wash； the child wears the clean clothes； it gets the titbits； it is protected against cold； it is forgiven many a deed and many a word not permitted the adult。 Now all of a sudden it is blamed because it has gone on making use of its recognized privileges。 Whoever remembers this artificial； but nevertheless necessary； egoism in children will have to think more kindly of many a childish crime。 Moreover； we must not overlook the fact that the child does many things simply as blind imitation。 More accurate observation of this well known psychological fact will show how extensive childish imitation is。 At a certain limit； of course； liability is here also present； but if a child is imitating an imitable person； a parent； a teacher； etc。； its responsibility is at an end。
All in all； we may say that nobody has brought any evidence to show that children are any worse…behaved than adults。 Experience teaches that hypocrisy； calculating evil； intentional selfishness； and purposeful lying are incomparably rarer among children than among adults； and that on the whole； they observe well and willingly。 We may take children； with the exception of pubescent girls； to be good； reliable witnesses。
Section 82。 （c） Senility。
It would seem that we lawyers have taken insufficient account of the characteristics of senility。 These characteristics are as definitive as those of childhood or of sex； and to overlook them may lead to serious consequences。 We shall not consider that degree of old age which is called second childhood。 At that stage the question seriously arises whether we are not dealing with the idiocy of age； or at least with a weakness of perception and of memory so obvious that they can not be mistaken。
The important stage is the one which precedes this； and in which a definite decline in mental power is not yet perceivable。 Just as we see the first stage of early youth come to an end when the distinction between boy and girl becomes altogether definite； so we may observe that the important activity of the process of life has run its course when this distinction begins to degenerate。 It is essentially defined by the approximation to each other of the external appearance of the two sexes；their voices； their inner character； and their attitude。 What is typically masculine or feminine disappears。 It is at this point that extreme old age begins。 The number of years； the degree of intelligence； education； and other differences are of small importance； and the ensuing particularities may be easily deduced by a consideration of the nature of extreme old age。 The task of life is ended； because the physical powers have no longer any scope。 For the same reason resistance to enemies has become lessened； courage has decreased； care about physical welfare increased； everything occurs more slowly and with greater difficulty； and all because of the newly…arrived weakness which； from now on； becomes the denotative trait of that whole bit of human nature。 Hence； Lombroso＇1＇ is not wrong in saying that the characteristic diseases of extreme old age are rarer among women than among men。 This is so because the change in women is not so sudden； nor so powerful； since they are weak to begin with； while man becomes a weak graybeard suddenly and out of the fullness of his manly strength。 The change is so great； the difference so significant and painful； that the consequence must be a series of unpleasant properties；egoism； excitability； moroseness； cruelty； etc。 It is significant that the very old man assumes all those unpleasant characteristics we note in eunuchsthey result from the consciousness of having lost power。
It is from this fact that Kraus （loc。 cit。） deduces the crimes of extreme old age。 ‘‘The excitable weakness of the old man brings him into great danger of becoming a criminal。 The excitability is opposed to slowness and one…sidedness in thought； he is easily surprised by irrelevancies； he is torn from his drows