criminal psychology-第104章
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e altered somatic conditions of the mother; the disturbance of the conditions of nutrition and circulation; we need clearly to understand what it means to have assumed care about a developing creature; to know that a future life is growing up fortunately or unfortunately; and is capable of bringing joy or sorrow; weal or woe to its parents。 The woman knows that her condition is an endangerment of her own life; that it brings at least pains; sufferings; and difficulties (as a rule; overestimated by the pregnant woman)。 Involuntarily she feels; whether she be educated or uneducated; the secrecy; the elusiveness of the growing life she bears; the life which is to come out into the world; and to bring its mother's into jeopardy thereby。 She feels nearer death; and the various tendencies which are attached to this feeling are determined by the nature and the conditions of each particular future mother's sensations。 How different may be the feeling of a poor abandoned bride who is expecting a child; from that of a young woman who knows that she is to bring into the world the eagerly…desired heir of name and fortune。 Consider the difference between the feeling of a sickly proletarian; richly blessed with children; who knows that the new child is an unwelcome superfluity whose birth may perhaps rob the other helpless children of their mother; with the feeling of a comfortable; thoroughly healthy woman; who finds no difference between having three or having four children。
And if these feelings are various; must they not be so intense and so far…reaching as to influence the attitude of the woman toward some event she has observed? It may be objected that the subjective attitude of a witness will never influence a judge; who can easily discover the objective truth in the one…sided observation of an event。 But let us not deceive ourselves; let us take things as they are。 Subjective attitude may become objective falsehood in spite of the best endeavor of the witness; and the examiner may fail altogether to distinguish between what is truth and what poetry。 Further; in many instances the witness must be questioned with regard to the impression the event made on her。 Particularly; if the event can not be described in words。
We must ask whether the witness's impression was that an attack was dangerous; a threat serious; a blackmail conceivable; a brawl intentional; a gesture insulting; an assault premeditated。 In these; and thousands of other cases; we must know the point of view; and are compelled to draw our deductions from it。 And finally; who of us believes himself to be altogether immune to emotional induction? The witness describes us the event in definite tones which are echoed to us。 If there are other witnesses the incomplete view may be corrected; but if there is only one witness; or one whom for some reason we believe more than others; or if there are several; but equally… trusted witnesses; the condition; view…point; and ‘‘fact;'' remain inadequate in us。 Whoever has before him a pregnant woman with her impressions altered in a thousand ways; may therefore well be ‘‘up in the air!'''1'
'1' Neumann: Einfluss der Sehwangerschaft。 Siebold's Journal f。 Geburtshilfe。 Vol。 II。 Hoffbauer: Die Gelste der Schwangeren。 Archiv f。 Kriminalrecht。 Vol。 I。 1817。
The older literature which develops an elaborate casuistic concerning cases in which pregnant women exhibited especial desires; or abnormal changes in their perceptions and expressions; is in many directions of considerable importance。 We must; however; remember that the old observations are rarely exact and were always made with less knowledge than we nowadays possess。
Section 68。 (d) Erotic。
A question which is as frequent as it is idle; concerns the degree of sexual impulse in woman。 It is important for the lawyer to know something about this; of course; for many a sexual crime may be more properly judged if it is known how far the woman encouraged the man; and in similar cases the knowledge might help us to presume what attitude feminine witnesses might take toward the matter。 First of all; the needs of individual women are as different as those of individual men; and as varied as the need for food; drink; warmth; rest; and a hundred other animal requirements。 We shall be unable to find any standard by determining even an average。 It is useless to say that sexual sensibility is less in woman than in man; because specialists contradict each other on this matter。 We are not aided either by Sergi's'2' assertion; that the sensibility is less than the irritability in woman; or by Mantegazza's statement; that women rarely have such powerful sexual desire that it causes them pain。 We can learn here; also; only by means of the interpretation of good particular observations。 When; for example; the Italian positivists repeatedly assert that woman is less erotic and more sexual; they mean that man cares more about the satisfaction of the sexual impulse; woman about the maternal instinct。 This piece of information may help us to explain some cases; at least we shall understand many a girl's mistake without needing immediately to presuppose rape; seduction by means of promises of marriage; etc。 Once we have in mind soberly what fruits dishonor brings to a girl;scorn and shame; the difficulties of pregnancy; alienation from relatives; perhaps even banish… ment from the paternal home; perhaps the loss of a good position; then the pains and sorrows of child…birth; care of the child; reduction of earnings; difficulties and troubles with the child; difficulties in going about; less prospect of care through wedlock; these are of such extraordinary weight; that it is impossible to adduce so elementary a force to the sexual impulse as to enable it to veil the outlook upon this outcome of its satisfaction。
'2' Archivio di Psichiatria。 1892。 Vol。 XIII。
The well…known Viennese gynaecologist; Braun; said; ‘‘If it were naturally so arranged that in every wedlock man must bear the second child; there would be no more than three children in any family。'' His intention is; that even if the woman agrees to have the third child; the man would be so frightened at the pains of the first child…birth that he never again would permit himself to bear another。 As we can hardly say that we have any reason for asserting that the sexual needs of woman are essentially greater; or that woman is better able to bear more pain than man; we are compelled to believe that there must be in woman an impulse lacking in man。 This impulse must be supposed to be so powerful that it subdues; let us say briefly; all the fear of an illegitimate or otherwise undesirable child…birth; and this is the impulse we mean by sexuality; by the maternal instinct。
It would seem as if nature; at least in isolated cases; desires to confirm this view。 According to Icard there are women who have children simply for the pleasure of suckling them; the suckling being a pleasant sensation。 If; now; nature has produced a sexual impulse purely for the sake of preserving the species; she has given fuller expression to sexuality and the maternal instinct when she has endowed it with an especial impulse in at least a few definite cases。 This impulse will explain to the criminalist a large number of phenomena; especially the accommodation of woman to man's desires; and from this along he may deduce a number of otherwise difficultly explainable psychical phenomena。
There is; of course; a series of facts which deny the existence of this impulsebut they only seem to。 Child…murder; the very frequent cruelty of mothers to their children; the opposition of very young women to bearing and bringing up children (cf。 the educated among French and American women); and similar phenomena seem to speak against the maternal instinct。 We must not forget; however; that all impulses come to an end where the opposed impulse becomes stronger; and that under given circumstances even the most powerful impulse; that of self…preservation; may be opposed。 All actions of despair; tearing the beard; beating hands and feet together; rage at one's own health; and finally suicide may ensue。 If the mother kills her own child;