Section 52.(a) The Essence of Memory.

Our ignorance concerning memory is as great as its universal importance,

and as our indebtedness to it for what we are and possess. At best we

have, when explaining it, to make use of images.

Plato accounts for memory in the “Theaetetus” by the image of the seal

ring which impresses wax; the character and duration of the impression

depends upon the size, purity, and hardness of the wax. Fichte says,

“The spirit does not conserve its products,--the single ideas,

volitions, and feelings are conserved by the mind and constitute the

ground of its inexhaustibly retentive memory.... The possibility of

recalling what has once been independently done, this remains in the

spirit.” James Sully compares the receptivity of memory with the

infusion of dampness into an old MS. Draper also brings a physical

example: If you put a flat object upon the surface of a cold, smooth

metal and then breathe on the metal and, after the moisture has

disappeared, remove the object, you may recall its image months after,

whenever you breathe on the place in question. Another has called memory

the safe of the mind. It is the opinion of E. Hering[214] that what we

once were conscious of and are conscious of again, does not endure as

image but as echo such as may be heard in a tuning fork when it is

properly struck. Reid asserts that memory does not have present ideas,

but past things for its object. Natorp explains recollection as an

identification of the unidentical, of not-now with now. According to

Herbart and his school,[215] memory consists in the possibility of

recognizing the molecular arrangements which had been left by past

impressions in the ganglion cells, and in reading them in identical

fashion. According to Wundt and his pupils, the problem is one of the

disposition of the central organs. And it is the opinion of James Mill

that the content of recollection is not only the idea of the remembered

object, but also the idea that the object had been experienced before.

Both ideas together constitute the whole of that state of mind which we

denote as memory. Spinoza[216] deals freely with memory, and asserts

that mankind does not control it inasmuch as all thoughts, ideas,

resolutions of spirits, are bare results of memories, so that human

freedom is excluded. Uphues[217] distinguishes between memory and the

conception which is presupposed in the recognition of an object

different from that conception. This is the theory developed by

Aristotle.

According to Berkeley and Hume recognition is not directed upon a

different object, nor does it presuppose one; the activity of

recognition consists either in the exhibition or the creation of the

object. Recognition lends the idea an independence which does not belong

to it and in that way turns it into a thing, objectifies it, and posits

it as substantial. Maudsley makes use of the notion that it is possible

to represent any former content of consciousness as attended to so that

it may again come into the center of the field of consciousness.

Dorner[218] explains recognition as follows: “The possible is not only

the merely possible in opposition to the actual; it is much more proper

to conceive being as possible, i.e., as amenable to logical thinking;

without this there could be no recognition.” Külpe[219] concerns himself

with the problem of the difference between perceptive images and memory

images and whether the latter are only weaker than the former as English

philosophers and psychologists assert. He concludes that they are not

so.

When we take all these opinions concerning memory together we conclude

that neither any unity nor any clear description of the matter has been

attained. Ebbinghaus’s sober statement may certainly be correct: “Our

knowledge of memory rises almost exclusively from the observation of

extreme, especially striking cases. Whenever we ask about more special

solutions concerning the detail of what has been counted up, and their

other relations of dependence, their structure, etc., there are no

answers.”

Nobody has as yet paid attention to the simple daily events which

constitute the routine of the criminalists. We find little instruction

concerning them, and our difficulties as well as our mistakes are

thereby increased. Even the modern repeatedly cited experimental

investigations have no direct bearing upon our work.

We will content ourselves with viewing the individual conceptions of

memory and recollection as occurring in particular cases and with

considering them, now one, now the other, according to the requirements

of the case. We shall consider the general relation of “reproduction” to

memory. “Reproduction” we shall consider in a general sense and shall

subsume under it also the so-called involuntary reproductions which rise

in the forms and qualities of past events without being evoked, i.e.,

which rise with the help of unconscious activity through the more or

less independent association of ideas. Exactly this unconscious

reproduction, this apparently involuntary activity, is perhaps the most

fruitful, and we therefore unjustly meet with unexceptionable distrust

the later sudden “occurrence,” especially when these occurrences happen

to defendant and his witnesses. It is true that they frequently deceive

us because behind the sudden occurrence there often may be nothing more

than a better training and instruction from experienced cell-mates;

though very often the circumstances are such that the suspect has

succeeded through some released prisoner, or by a blackened letter, in

sending a message from his prison, by means of which false witnesses of

alibi, etc., are provided. Distrust is in any event justified, when his

most important witnesses suddenly “occur” to the accused. But this does

not always happen, and we find in our own experience evidence of the

fact that memory and the capacity to recall something often depend upon

health, feeling, location, and chance associations which can not be

commanded, and happen as accidentally as anything in life can. That we

should remember anything at all depends upon the point of time.

Everybody knows how important twilight may be for memory. Indeed,

twilight has been called the visiting-hour of recollection, and it is

always worth while to observe the situation when anybody asserts that

some matter of importance occurred to him in the twilight. Such an

assertion merits, at least, further examination. Now, if we only know

how these occurrences constitute themselves, it would not be difficult

to study them out and to estimate their probability. But we do not know,

and we have to depend, primarily, on observation and test. Not one of

the theories applied is supported by experience altogether.

They may be divided into three essential groups.

1. What is received, fades away, becomes a “trace,” and is more or less

overlaid by new perceptions. When these latter are ever set aside, the

old trace comes into the foreground.

2. The ideas sink, darken, and disintegrate. If they receive support and

intensification they regain complete clearness.

3. The ideas crumble up, lose their parts. When anything occurs that

reunites them and restores what is lost, they become whole again.

Ebbinghaus maintains, correctly enough, that not one of these

explanations is universally satisfactory, but it must be granted that

now one, now another is useful in controlling this or that particular

case. The processes of the destruction of an idea, may be as various as

those of the destruction and restoration of a building. If a building is

destroyed by fire, I certainly can not explain the image given by merely

assuming that it was the victim of the hunger of time. A building which

has suffered because of the sinking of the earth I shall have to image

by quite other means than those I would use if it had been destroyed by

water.

For the same reason when, in court, somebody asserts a sudden

“occurrence,” or when we want to help him and something occurs to him,

we shall have to proceed in different fashion and determine our action

empirically by the conditions of the moment. We shall have to go back,

with the help of the witness, to the beginning of the appearance of the

idea in question and study its development as far as the material

permits us. In a similar manner we must make use of every possibility of

explanation when we are studying the disappearance of ideas. At one

point or another we shall find certain connections. One chief mistake in

such reconstructive work lies in overlooking the fact that no individual

is merely passive when he receives sensations; he is bound to make use

of a certain degree of activity. Locke and Bonnet have already mentioned

this fact, and anybody may verify it by comparing his experiments of

trying to avoid seeing or hearing, and trying actively to see or to

hear. For this reason it is foolish to ask anybody how it happened that

he perceived less than another, because both have equally good senses

and were able to perceive as much. On the other hand, the grade of

activity each has made use of in perception is rarely inquired into, and

this is the more unfortunate because memory is often proportionate to

activity. If, then, we are to explain how various statements concerning

contemporaneous matters, observed a long time ago, are to be combined,

it will not be enough to compare the memory, sensory acuteness, and

intelligence of the witnesses. The chief point of attention should be

the activity which has been put in motion during the sense-perception in

question.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 19 / 79 章