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criminal psychology-第47章

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tily or carelessly; and conversely the greatest successes are due to its correct rendering。 But such a correct rendering is no more than the thoroughgoing use of the principle of causality。 Suppose a great crime has been committed and the personality of the criminal is not revealed by the character of the crime。 The mistake regularly made in such a case is the immediate and superficial search for the personality of the criminal instead of what should properly proceedthe study of the causal conditions of the crime。 For the causal law does not say that everything which occurs; taken as a whole and in its elements; has one groundthat would be simply categorical emptiness。 What is really required is an efficient and satisfying cause。 And this is required not merely for the deed as a whole but for every single detail。 When causes are found for all of these they must be brought together and correlated with the crime as described; and then integrated with the whole series of events。

The second part of the work turns upon the suspicion of a definite person when his own activity is interpolated as a cause of the crime。 Under some conditions again; the effect of the crime on the criminal has to be examined; i。 e。; enrichment; deformation; emotional state; etc。 But the evidence of guilt is established only when the crime is accurately and explicitly described as the inevitable result of the activity of the criminal and his activity only。 This systematic work of observing and correlating every instant of the supposed activities of the accused (once the situation of the crime is defined as certainly as possible); is as instructive as it is promising of success。 It is the one activity which brings us into touch with bare perception and its reproduction。 ‘‘All inference with regard to facts appears to depend upon the relation of cause to effect; by virtue of this relation alone may we rely upon the evidence of our memories and our senses。'''1' Hume illustrates this remark with the following example: If a clock or some other machine is found on a desert island; the conclusion is drawn that men are or were on the island。 The application is easy enough。 The presence of a clock; the presence of a three…cornered wound is perceived by the sensesthat men were there; that the wound was made with a specific kind of in…

'1' Meinong: Humestudien。 Vienna 1882。

 strument; is a causal inference。 Simple as this proposition of Hume's is; it is of utmost importance in the law because of the permanent and continually renewed problems: What is the effect in _*this_ case? What is the cause? Do they belong together? Remembering that these questions make our greatest tasks and putting them; even beyond the limit of disgust; will save us from grave errors。

There is another important condition to which Hume calls attention and which is interpreted by his clever disciple Meinong。 It is a fact that without the help of previous experience no causal nexus can be referred to an observation; nor can the presence of such be discovered in individual instances。 It may be postulated only。 A cause is essentially a complex in which every element is of identical value。 And this circumstance is more complicated than it appears to be; inasmuch as it requires reflection to distinguish whether only one or more observations have been made。 Strict self…control alone and accurate enumeration and supervision will lead to a correct decision as to whether one or ten observations have been made; or whether the notion of additional observations is not altogether illusory。

This task involves a number of important circumstances。 First of all must be considered the manner in which the man on the street conceives the causal relation between different objects。 The notion of causality; as Schwarz'1' shows; is essentially foreign to the man on the street。 He is led mainly by the analogy of natural causality with that of human activity and passivity; e。 g。; the fire is active with regard to water; which simply must sizzle passively。 This observation is indubitably correct and significant; but I think Schwarz wrong to have limited his description to ordinary people; it is true also of very complex natures。 It is conceivable that external phenomena shall be judged in analogy with the self; and inasmuch as the latter often appears to be purely active; it is also supposed that those natural phenomena which appear to be especially active are really so。

In addition; many objects in the external world with which we have a good deal to do; and are hence important; do as a matter of fact really appear to be activethe sun; light; warmth; cold; the weather; etc。; so that we assign activity and passivity only according to the values the objects have for us。 The ensuing mistake is the fact that we overlook the alternations between activity and pas…

'1' Das Wahrnehmungsproblem von Standpunkte des Physikers; Physiologen und Philosophen。 Leipzig 1892。

 sivity; or simply do not make the study such alternations require; yet the correct apportionment of action and reaction is; for us; of greatest importance。 In this regard; moreover; there is always the empty problem as to whether two things may stand in causal relation; empty; because the answer is always yes。 The scientific and practical problem is as to whether there exists an actual causal nexus。 The same relation occurs in the problem of reciprocal influences。 No one will say; for example; that any event exercises a reciprocal influence on the sun; but apart from such relatively few cases it would not only be supposed that A is the cause of the effect B; but also that B might have reciprocally influenced A。 Regard for this possibility may save one from many mistakes。

One important source of error with regard to cause and effect lies in the general and profound supposition that the cause must have a certain similarity to the effect。 So Ovid; according to J。 S。 Mill; has Medea brew a broth of long…lived animals; and popular superstitions are full of such doctrine。 The lung of a long…winded fox is used as a cure for asthma; the yarrow is used to cure jaundice; agaricos is used for blisters; aristolochia (the fruit of which has the form of a uterus) is used for the pains of child…birth; and nettle…tea for nettle…rash。 This series may be voluntarily increased when related to the holy patron saints of the Catholic Church; who are chosen as protectors against some especial condition or some specific difficulty because they at one time had some connection with that particular matter。 So the holy Odilia is the patron saint for diseases of the eye; not because she knew how to cure the eyes; but because her eyes were put out with needles。 The thief Dismas is the patron of the dying because we know nothing about him save that he died with Christ。 St。 Barbara; who is pictured together with a tower in which she was imprisoned; and which was supposed to be a powder house; has become the patron saint of artillery。 In the same manner St。 Nicholas is; according to Simrock; the patron of sailors because his name resembles Nichus; Nicor; Nicker; which is the name of the unforgotten old German sea…deity。

Against such combinations; external an
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