按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
to test the assertion； since； without this test； the possibility of error is still great。
Somebody asserts； e。 g。； that he had been distracted and had paid no attention to what two persons close to him had said。 Suddenly he began to take notice and found himself able to recapitulate all their remarks。 Or again； a musician； who is almost altogether deaf； says that he is so accustomed to music that in spite of his deafness he is able to hear the smallest discord in the orchestra。 Yet again； we hear of insignificant； hardly controllable habits that become accidentally significant in a criminal case。 Thus the crime of arson was observed by the firebrand's neighbor； who could have seen the action through the window； only if he had leaned far out of it。 When he was asked what he wanted to see in the cold winter night； he replied； that he had the habit daily of spitting out of the window just before going to bed。 Another； who was surprised in his sleep by an entering thief； had heavily wounded the latter with a great brush； ‘‘because he happened to have had it in his hand。'' The happening was due to his habit of being unable to fall asleep without a brush in his hand。 If such habits are demonstrable facts they serve to explain otherwise unexplainable events。
They are； however； the more difficult to establish； because they occur mainly in isolated peopleold bachelors and old maids so that their confirmation by others is rare。 On the other hand； every one of us knows habits of his own or of his friends which would not be believed when cited； and which would be very difficult to prove when the need arose。 The influence of habit on indifferent matters can be shown by numerous examples。 There is Kant's citation； that if anybody happened to send his doctor nine ducats the latter would have to believe that the messenger had stolen the tenth。 If you give a bride most beautiful linen； but only eleven pieces； she will weep。 Give her thirteen pieces； and she will certainly throw one of them away。 If you keep these deep…rooted habits in mind； you may possibly say that they must have had a definite； determinative； and alternative influence on body and mind。 For example； from time immemorial mankind has taken medications at definite intervals； e。 g。； every hour； every two hours； etc。； hence； a powder ordered every seventy…seven minutes will cause us complete surprise。 But by what authority does the body require exactly these quantities of time or weight？ Or again； our lectures； private or public； so and so much time？ Of course it would be inconvenient if professors lectured only 52 minutes； yet how much difficulty must not the mind have met in becoming habituated to exactly 60 minutes of instruction！ This habituation has been going on for a long time； and now children； like nations； regard the new in the light of the old； so that the old； especially when it is fixed by language； becomes the mind's instrument for the control of the new。 Indeed we often stick linguistically to old things； although they have been long superannuated。
There is the characteristic state of mind which might be called the refraction of an idea by the presence of another idea。 An example is the habit of saying； ‘‘Unprepared； as I have'' before beginning a speech。 The speaker means to say that he has not prepared himself； but； as he really has prepared himself； both expressions come out together。 This habitual concurrence of the real thought is of importance； and offers； frequently； the opportunity of correcting what is said by what is thought。 This process is similar to that in which a gesture contradicts a statement。 We often hear： ‘‘I had to take it because it was right there。'' This assertion indicates theft through need； and at the same time； theft through opportunity。 Or again； we hear： ‘‘We had not agreed； before''this assertion denies agreement and can indicate merely； because of the added ‘‘before；'' that the agreement was not of already _*long_ standing。 Still again； we hear； ‘‘When we fell to the floor； I defended myself； and struck down at him。'' Here what is asserted is self…defense； and what is admitted is that the enemy was underneath the speaker。 Such refractions of thought occur frequently and are very important； particularly in witnesses who exaggerate or do not tell the whole truth。 They are； however； rarely noticed because they require accurate observation of each word and that requires time； and our time has no time。
Section 92。 （b） Heredity。＇1＇
＇1＇ Benedict： Heredity。 Med Times； 1902； XXX； 289。 Richardson： Theories of Heredity。 Nature； 1902； LXVI； 630。 Petruskewisch： Gedanken zur Vererbung。 Freiburg 1904。
However important the question of heredity may be to lawyers psychologically； its application to legal needs is impossible。 It would require； on the one hand； the study of all the literature concerning it； together with the particular teachings of Darwin and his disciples； and of Lombroso and his。 The criminal…psychological study of it has not yet been established。 The unfounded； adventurous； and arbitrary assertions of the Lombrosists have been contradicted； especially through the efforts of German investigators。 But others； like Debierre in Lille； Sernoff in Moscow； Taine； Drill； Marchand have also had occasion to controvert the Italian positivists。 At the same time； the problem of heredity is not dead； and will not die。 This is being shown particularly in the retort of Marchand concerning the examinations he made with M。 E。 Koslow； in the asylum for juvenile offenders founded by the St。 Petersburg Anthropological Society。 Between Buckle； who absolutely denies heredity； and the latest of the modern doctrines； there are a number of intermediate views； one of which may possibly be true。 There is an enormous literature which every criminalist should study。＇2＇
＇2＇ Calton： Hereditary Genius 2d Ed。 London 1892。 Martinak： Einige Ansichten ber Vererbung moralischer Eigenschaften。 Transactions； Viennese Philological society。 Leipzig 1893。 Haacke： Gestaltung u Vererbunsr Leipzig 1893。 Tarde： Les Lois de l'Imitation。 Paris 1904。 Etc。； etc。
Nevertheless； this literature can tell us nothing about the legitimacy of the premise of heredity。 Every educated man still believes Darwin's doctrines； and the new theories that seek to emancipate themselves from it do so only by pushing them out of the big front door； and insinuating them through the little back door。 But according to Bois…Reymond Darwinism is only the principle of the hereditary maintenance of the child's variation from its parents。 Everybody knows of real inherited characters； and many examples of it are cited。 According to Ribot； suicide is hereditary； according to Despine； kleptomania； according to Lucas； vigorous sexuality； according to Darwin； hand…writing； etc。 Our personal acquaintances show the inheritance of features； figure； habits； intellectual properties； particularly cleverness； such as； sense of space and time； capacity for orientation； interests； diseases； etc。 Even ideas have their ancestors like men； and we learn from the study of animals how instincts； capacities； even acquired ones； are progressively inherited。 And yet we r