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es and eludes us by its means。 According to Kant； a man is wise when he has the power of practical judgment。 According to Drner； certain individuals have especial intuitive talents； others have capacity for empirical investigations； and still others for speculative synthesis。 In the former； their capacity serves to render the object clearly； to observe it sharply； to analyze it into its elements。 In the latter； there is the capacity for the synthesis； for the discovery of far…reaching relationships。 Again； we hear that the wise head invents； the acute mind discovers； the deep mind seeks out。 The first combines； the second analyzes； the third founds。 Wit blends； sharpness clarifies； deepness illuminates。 Wit persuades； sharpness instructs； deepness convinces。
In individual cases； a man is completely and suddenly understood； perhaps； in terms of the following proverb： ‘‘There are two kinds of silence； the silence of the fool and the silence of the wise man both are clever。'' Kant says； somewhere； that the witty person is free and pert； the judicious person reflective； and unwilling to draw conclusions。 In a certain direction we may be helped； also； by particular evidences。 So； when； e。 g。； Hering＇1＇ says； ‘‘One…sidedness is the mother of virtuosity。 The work of the spider is wonderful； but the spider can do nothing else。 Man makes a bow and arrow when he can get no prey in his net； the spider goes hungry。'' This distinguishes mechanical cleverness from conscious wisdom completely。 Of the same illuminating character are such salse dicta as： ‘‘The fool never does what he says； the wise man never says what he does。'' ‘‘You can fool one man； but you can not fool all men。'' ‘‘Stupidity is natural； wisdom is a product of art。'' ‘‘To depend on accident is foolishness； to use accident is wisdom。'' ‘‘There are stupidities which can be committed only by the wise。'' ‘‘Wisdom is as different from foolishness； as man from monkey。'' ‘‘Fools speak what wise men think。'' ‘‘Understanding is deficient； but stupidity never is。'' etc。 These and countless other maxims help us considerably in individual cases； but give us no general characterization of the function of wisdom。 We may； therefore； get some sort of pragmatic insight into the wisdom or unwisdom； of an action in the assertion： ‘‘To be wise is to be able to sacrifice an immediate petty advantage to a later and greater advantage。'' This proposition seems not to have sufficient scope； but on closer examination seems to fit all cases。 The wise man lives according to law； and sacrifices the petty advantage of immediate sensual pleasure for the greater advantage of sustained health。 He is prudent and sacrifices the immediate petty delights to the advantage of a care… free age。 He is cautious in his speculation； and sacrifices momentary； doubtful； and hence； petty successes； to the greater later success of certain earning。 He is silent； and sacrifices the petty advantage of appearing for the moment well…informed about all possible matters； to the greater advantage of not getting into trouble on account of this。 He commits no punishable deeds； and sacrifices advantages that might be gained for the moment to the later greater advantage of not being punished。 So the analysis might be continued； and in each case we should find that there was no wisdom which could not be explained in this way。
＇1＇ ber das Gedchtnis etc。 Vienna 1876。
The use of our explanatory proposition is possible in all cases which require determining the real or apparent participation of some individual in a crime。 If the degree of wisdom a man may be credited with can be determined by means of this analysis； it is not difficult afterwards to test by its use the probability of his having a share in the crime in question。
Finally； cases are again and again observed in which very foolish peopleidiots and lunaticseither because of anxiety； terror； wounds in the head； or shortly before death； become intelligent for a brief period。 It is conceivable that the improvement of mental activity in these cases arises when the defect has depended on the pathological dominance of an inhibitory center； the abnormally intensified activity of which has as its result an inhibition of other important centers （acute； curable dementia； paranoia）。 A light； transitory； actual increase of mental activity； might； possibly； be explained by the familiar fact that cerebral anemia； in its early stages； is exciting rather than dulling。 Theoretically this might be connected； perhaps； with the molecular cell…changes which are involved in the disintegration of the brain。 The difference between the effects of these two causes will hardly be great； but testimony dependent on this altered character of mental activity will have little reliability。 Hallucinations； false memories； melancholic accusations of self； particularly； may also be explained in terms of such excitement。 We criminalists have frequently to deal with people in above… named conditions； and when we receive intelligent answers from them we must never set them aside； but must carefully make note of them and estimate them in the light of expert advice。
To this class belongs the interesting phenomenon that we very frequently meet fools who never do anything foolish。 It is not true that these are simply misjudged； and only appear to be foolish。 They are really foolish but they are helped by certain conditions in every instance of their conduct。 To begin with； they are not so foolish as to deceive themselves； they are； therefore； in possession of a certain notion of their own weakness； and do not attempt things which are too much for them。 Then； they must have a certain degree of luck in their undertakings。 The proverb says that conceit is the force behind the fool； and if these fools apply their conceit to appropriate situations； they succeed。 Then again； they sometimes fail to see dangers； and are therefore free from swindles which are dangerous； even to the cleverest persons。 ‘‘The fool stumbles across the abyss into which the wise man regularly tumbles；'' says the proverb again。 And if routine may properly be called the surrogate of talent； we must suppose that custom and practice may carry the biggest fool so far as to help him in many cases to success。
According to Esser； the fool thinks in terms of the following proposition： ‘‘Things that are alike in a few points are identical； and things that are unlike in a few points are altogether diverse。'' If this is true； the fool can fail only when he is drawing inferences of this kind； if； however； none of the important events in his life involve such inferences； he has no opportunity to exhibit his essential foolishness。 The same thing is true of his interests。 No fool has a real eagerness for knowledge。 He has； instead； curiosity； and this can never be distinguished with certainty from knowledge。 Now； if the fool is lucky； he seems to be moving forward； shows himself possessed of interests； and nobody proves that this possession is only idiotic curiosity。 The fool must protect himself against one thing action。 Foolishness in action is rawnesstrue rawness is always foolish and can not be mistaken。
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