Criminal Psychology - Hans Gross (list of e readers .TXT) 📗

too low, the mistake is not more than half a mistake. If in a series of numbers the lowest was 4, the highest 12, and the average 8, and if I take the latter for the individual problem, I can at most have been mistaken about four, never about eight, as would have been the case if I had taken 4 or 12 for each other.

The attitude of the people gives us an average and we may at least assume that it would not have maintained itself, either as common law or as proverb, if centuries had not shown that the mistake involved was not a very great one.

 

In any event, the popular method was comparatively simple.

No delicate distinctions were developed. A general norm of valuation was applied to woman and the result showed that woman is simply a less worthy creature. This conception we find very early in the history of the most civilized peoples, as well as among contemporary backward nations and tribes. If, now, we generally assume that the culture of a people and the position of its women have the same measure, it follows only that increasing education revealed that the simple assumption of the inferiority of woman was not correct, that the essential difference in psyche between man and woman could not be determined, and that even today, the old conception half unconsciously exercises an influence on our valuation of woman, when in any respect we are required to judge her. Hence, we are in no wise interested in the degree of subordination of woman among savage and half-savage peoples, but, on the other hand, it is not indifferent for us to know what the situation was among peoples and times who have influenced our own culture. Let us review the situation hastily.

 

A number of classical instances which are brought together by Fink[1] and Smith,[2] show how little the classic Greek thought of woman, and W. Becker[3] estimates as most important the fact that the Greek always gave precedence to children and said, <gr tecna cai>

<gr gunaicas>.” The Greek naturalists, Hippocrates and Aristotle, modestly held woman to be half human, and even the poet Homer is not free from this point of view (cf. the advice of Agamemnon to Odysseus). Moreover, he speaks mostly concerning the scan-

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dalmongering and lying of women, while later, Euripides directly reduces the status of women to the minimum (cf. Iphigenia).

 

[1] Romantic Love and Personal Beauty. H. Fink. London 1887.

 

[2] Dictionary of Christian Antiquities.

 

[3] Bilder altgriechischer Sitte.

 

The attention of ancient Rome is always directed upon the puzzling, sphinx-like, unharmonious qualities in woman. Horace gives it the clearest expression, e. g., “Desinite in piscem mulier formosa superne.”

 

The Orientals have not done any better for us. The Chinese assert that women have no souls. The Mohammedan believes that women are denied entrance to paradise, and the Koran (xliii, 17) defines the woman as a creature which grows up on a soil of finery and baubles, and is always ready to nag. How well such an opinion has sustained itself, is shown by the Ottomanic Codex 355, according to which the testimony of two women is worth as much as the testimony of one man. But even so, the Koran has a higher opinion of women than the early church fathers. The problem, “An mulier habeas animam,” was often debated at the councils. One of them, that of Macon, dealt earnestly with the MS. of Acidalius, “Mulieres homines non esse.” At another, women were forbidden to touch the Eucharist with bare hands. This attitude is implied by the content of countless numbers of evil proverbs which deal with the inferior character of woman, and certainly by the circumstance that so great a number of women were held to be witches, of whom about 100,000

were burned in Germany alone. The statutes dealt with women only in so far as their trustworthiness as witnesses could be depreciated.

The Bambergensis (Art. 76), for example, permits the admission of young persons and women only in special cases, and the quarrels of the older lawyers concerning the value of feminine testimony is shown by Mittermaier.[1]

 

[1] Die Lehre vom Beweise. Darmstadt.

 

If we discount Tacitus’ testimony concerning the high status of women among the Germanic tribes on the basis that he aimed at shaming and reforming his countrymen, we have a long series of assertions, beginning with that of the Norseman Havam<a’>l,—which progressively speaks of women in depreciatory fashion, and calls them inconstant, deceitful, and stupefying,—to the very modern maxim which brings together the extreme elevation and extreme degradation of woman: “Give the woman wings and she is either an angel or a beast.” Terse as this expression is, it ought to imply the proper point of view—women are either superior or inferior to us, and may be both at the same time. There are women who are superior and there are women who are inferior, and further, a single <p 304>

woman may be superior to us in some qualities and inferior in others, but she is not like us in any. The statement that woman is as complete in her own right as man is in his, agrees with the attitude above-mentioned if we correlate the superiority and inferiority of women with “purposefulness.” We judge a higher or lower organism from our standpoint of power to know, feel, and do, but we judge without considering whether these organisms imply or not the purposes we assume for them. Thus a uniform, monotonous task which is easy but requires uninterrupted attention can be better performed by an average, patient, unthinking individual, than by a genial fiery intellect. The former is much more to the purpose of this work than the latter, but he does not stand higher. The case is so with woman. For many of the purposes assigned to her, she is better constructed. But whether this construction, from our standpoint of knowing and feeling, is to be regarded as higher or lower is another question.

 

Hence, we are only in a sense correct, when calling some feminine trait which does not coincide with our own a poorer, inferior quality.

We are likely to overlook the fact that this quality taken in itself, is the right one for the nature and the tasks of woman, whereas we ought with the modern naturalist assume that every animal has developed correctly for its own purposes. If this were not the case with woman she would be the first exception to the laws of natural evolution. Hence, our task is not to seek out peculiarities and rarities in woman, but to study her status and function as given her by nature. Then we shall see that what we would otherwise have called extraordinary appears as natural necessity. Of course many of the feminine qualities will not bring us back to the position which has required them. Then we may or may not be able to infer it according to the laws of general co-existence, but whether we establish anything directly or indirectly must be for the time, indifferent; we do know the fact before us. If we find only the pelvis of a human skeleton we should be able to infer from its broad form that it belonged to a woman and should be able to ground this inference on the business of reproduction which is woman’s. But we shall also be able, although we have only the pelvis before us, to make reliable statements concerning the position of the bones of the lower extremities of *this individual. And we shall be able to say just what the form of the thorax and the curve of the vertebral column were.

This, also, we shall have in our power, more or less, to ground on the child-bearing function of woman. But we might go still further <p 305>

and say that this individual, who, according to its pelvic cavity, was a woman, must have had a comparatively smaller skull, and although we can not correlate the present mark with the child-bearing function or any other special characteristic of woman, we may yet infer it safely, because we know that this smaller skull capacity stands in regular relation to the broad pelvis, etc. In a like manner it will be possible to bring together collectively various psychical differences of woman, to define a number of them as directly necessary, and to deduce another number from their regular co-existence.

The certainty here will be the same as in the former case, and once it is attained we shall be able satisfactorily to interpret the conduct, etc., of woman.

 

Before turning to feminine psychology I should like briefly to touch upon the use of the literature in our question and indicate that the poets’ results are not good for us so long as we are trying to satisfy our particular legal needs. We might, of course, refer to the poet for information concerning the feminine heart,—woman’s most important property,—but the historically famous knowers of the woman’s heart leave us in the lurch and even lead us into decided errors. We are not here concerned with the history of literature, nor with the solution of the “dear riddle of woman;”

we are dry-soured lawyers who seek to avoid mistakes at the expense of the honor and liberty of others, and if we do not want to believe the poets it is only because of many costly mistakes. Once we were all young and had ideals. What the poets told us we supposed to be the wisdom of life—nobody else ever offers any—and we wanted compulsorily to solve the most urgent of human problems with our poetical views. Illusions, mistakes, and guiltless remorse, were the consequence of this topsy-turvy work.

 

Of course I do not mean to drag our poets to court and accuse them of seducing our youth with false gods—I am convinced that if the poets were asked they would tell us that their poetry was intended for all save for physicians and criminalists. But it is conceivable that they have introduced points of view that do not imply real life. Poetical forms do not grow up naturally, and then suddenly come. together in a self-originated idea. The poet creates the idea first, and in order that this may be so the individual form must evolve according to sense. The more natural and inevitable this process becomes the better the poem, but it does not follow that since we do not doubt it because it seems so natural, it mirrors the process of life. Not one of us criminalists has ever seen a form <p 306>

as described in a poem—least of all a woman. Obviously, in our serious and dry work, we may be able to interpret many an observation and assertion of the poet as a golden truth, but only when we have tested its correctness for the daily life. But it must be understood that I am not saying here, that we ourselves might have been able to make the observation, or to abstract a truth from the flux of appearances, or at least to set it in beautiful, terse, and I might say convincing, form. I merely assert, that we must be permitted to examine whether what has been beautifully said may be generalized, and whether we then have found the same, or a similar thing, in the daily life. Paradoxical as it sounds, we must never forget that there is a kind of evidentiality in the form of beauty itself. One of Blopstock’s remarkable psalms begins: “Moons wander round the earth, earths round suns, the whole host of suns wander round a greater sun, Our Father, that art thou.” In this inexpressibly lofty verse there is essentially, and only in an extremely intensified fashion, evidence of the existence of God, and if