Section 62. (c) Incorrect Forms of Expression.

If it is true that by the earnest and repeated study of the meanings of

words we are likely to find them in the end containing much deeper sense

and content than at the beginning, we are compelled to wonder that

people are able to understand each other at all. For if words do not

have that meaning which is obvious in their essential denotation, every

one who uses them supplies according to his inclination, and status the

“deeper and richer sense.” As a matter of fact many more words are used

pictorially than we are inclined to think. Choose at random, and you

find surprisingly numerous words with exaggerated denotations. If I say,

“I posit the case, I press through, I jump over, the proposition, etc.,”

these phrases are all pictures, for I have posited nothing, I have

pressed through no obstacle, and have jumped over no object. My words,

therefore, have not stood for anything real, but for an image, and it is

impossible to determine the remoteness of the latter from the former, or

the variety of direction and extent this remoteness may receive from

each individual. Wherever images are made use of, therefore, we must, if

we are to know what is meant, first establish how and where the use

occurred. How frequently we hear, e.g., of a “four-cornered” table

instead of a square table; a “very average” man, instead of a man who is

far below the average. In many cases this false expression is

half-consciously made for the purpose of beautifying a request or making

it appear more modest. The smoker says: “May I have some light,”

although you know that it is perfectly indifferent whether much or

little light is taken from the cigar. “May I have just a little piece of

roast,” is said in order to make the request that the other fellow

should pass the heavy platter seem more modest. And again: “Please give

me a little water,” does not modify the fact that the other fellow must

pass the whole water flask, and that it is indifferent to him whether

afterwards you take much or little water. So, frequently, we speak of

borrowing or lending, without in the remotest thinking of returning. The

student says to his comrade, “Lend me a pen, some paper, or some ink,”

but he has not at all any intention of giving them back. Similar things

are to be discovered in accused or witnesses who think they have not

behaved properly, and who then want to exhibit their misconduct in the

most favorable light. These beautifications frequently go so far and may

be made so skilfully that the correct situation may not be observed for

a long time. Habitual usage offers, in this case also, the best

examples. For years uncountable it has been called a cruel job to earn

your living honestly and to satisfy the absolute needs of many people by

quickly and painlessly slaughtering cattle. But, when somebody, just for

the sake of killing time, because of ennui, shoots and martyrs harmless

animals, or merely so wounds them that if they are not retrieved they

must die terrible deaths, we call it noble sport. I should like to see a

demonstration of the difference between killing an ox and shooting a

stag. The latter does not require even superior skill, for it is much

more difficult to kill an ox swiftly and painlessly than to shoot a stag

badly, and even the most accurate shot requires less training than the

correct slaughter of an ox. Moreover, it requires much more courage to

finish a wild ox than to destroy a tame and kindly pheasant. But usage,

once and for all, has assumed this essential distinction between men,

and frequently this distinction is effective in criminal law, without

our really seeing how or why. The situation is similar in the difference

between cheating in a horse trade and cheating about other commodities.

It occurs in the distinction between two duellists fighting according to

rule and two peasant lads brawling with the handles of their picks

according to agreement. It recurs again in the violation of the law by

somebody “nobly inspired with champagne,” as against its violation by

some “mere” drunkard. But usage has a favoring, excusing intent for the

first series, and an accusing, rejecting intent for the latter series.

The different points of view from which various events are seen are the

consequence of the varieties of the usage which first distinguished the

view-points from one another.

There is, moreover, a certain dishonesty in speaking and in listening

where the speaker knows that the hearer is hearing a different matter,

and the hearer knows that the speaker is speaking a different matter. As

Steinthal[246] has said, “While the speaker speaks about things that he

does not believe, and the reality of which he takes no stock in, his

auditor, at the same time, knows right well what the former has said; he

understands correctly and does not blame the speaker for having

expressed himself altogether unintelligibly.” This occurs very

frequently in daily routine, without causing much difficulty in human

intercourse, but it ought, for this reason, to occur inversely in our

conversation with witnesses and accused. I know that the manner of

speaking just described is frequently used when a witness wants to

clothe some definite suspicion without expressing it explicitly. In such

cases, e.g., the examiner as well as the witness believes that X is the

criminal. For some reason, perhaps because X is a close relation of the

witness or of “the man higher up,” neither of them, judge nor witness,

wishes to utter the truth openly, and so they feel round the subject for

an interminable time. If now, both think the same thing, there results

at most only a loss of time, but no other misfortune. When, however,

each thinks of a different object, e.g., each thinks of another

criminal, but each believes mistakenly that he agrees with the other,

their separating without having made explicit what they think, may lead

to harmful misunderstandings. If the examiner then believes that the

witness agrees with him and proceeds upon this only apparently certain

basis, the case may become very bad. The results are the same when a

confession is discussed with a suspect, i.e., when the judge thinks that

the suspect would like to confess, but only suggests confession, while

the latter has never even thought of it. The one thing alone our work

permits of is open and clear speaking; any confused form of expression

is evil.

Nevertheless, confusions often occur involuntarily, and as they can not

be avoided they must be understood. Thus, it is characteristic to

understand something unknown in terms of some known example, i.e., the

Romans who first saw an elephant, called it “bos lucani.” Similarly

“wood-dog” = wolf; “sea-cat” = monkey, etc. These are forms of common

usage, but every individual is accustomed to make such identifications

whenever he meets with any strange object. He speaks, therefore, to some

degree in images, and if his auditor is not aware of the fact he can

not understand him. His speaking so may be discovered by seeking out

clearly whether and what things were new and foreign to the speaker.

When this is learned it may be assumed that he will express himself in

images when considering the unfamiliar object. Then it will not be

difficult to discover the nature and source of the images.

Similar difficulties arise with the usage of foreign terms. It is of

course familiar that their incorrect use is not confined to the

uneducated. I have in mind particularly the weakening of the meaning in

our own language. The foreign word, according to Volkmar, gets its

significance by robbing the homonymous native word of its definiteness

and freshness, and is therefore sought out by all persons who are

unwilling to call things by their right names. The “_triste_ position”

is far from being so sad as the “sad” position. I should like to know

how a great many people could speak, if they were not permitted to say

_malheur_, _méchant_, _perfide_, etc.--words by means of which they

reduce the values of the terms at least a degree in intensity of

meaning. The reason for the use of these words is not always the

unwillingness of the speaker to make use of the right term, but really

because it is necessary to indicate various degrees of intensity for the

same thing without making use of attributes or other extensions of the

term. Thus the foreign word is in some degree introduced as a technical

expression. The direction in which the native word weakens, however,

taken as that is intended by the individual who uses its substitute, is

in no sense universally fixated. The matter is entirely one of

individual usage and must be examined afresh in each particular case.

The striving for abbreviated forms of expression,--extraordinary enough

in our gossipy times,--manifests itself in still another direction. On

my table, e.g., there is an old family journal, “From Cliff to Sea.”

What should the title mean? Obviously the spatial distribution of the

subject of its contents and its subscribers--i.e., “round about the

whole earth,” or “Concerning all lands and all peoples.” But such titles

would be too long; hence, they are synthesized into, “From Cliff to

Sea,” without the consideration that cliffs often stand right at the

edge of the sea, so that the distance between them may be only the

thickness of a hair:--cliff and sea are not local opposites.

Or: my son enters and tells me a story about an “old semester.” By “old

semester” he means an old student who has spent many terms, at least

more than are required or necessary, at the university. As this

explanation is too long, the whole complex is contracted into “old

semester,” which is comfortable, but unintelligible to all people not

associated with the university. These abbreviations are much more

numerous than, as a rule, they are supposed to be, and must always be

explained if errors are to be avoided. Nor are silent and monosyllabic

persons responsible for them; gossipy individuals seek, by the use of

them, to exhibit a certain power of speech. Nor is it indifferent to

expression when people in an apparently nowise comfortable fashion give

approximate circumlocutive figures, e.g., _half-a-dozen_, four

syllables, instead of the monosyllable _six_; or “the bell in the dome

at St. Stephen’s has as many nicks as the year has days,” etc. It must

be assumed that these circumlocutive expressions are chosen, either

because of the desire to make an assertion general, or because of the

desire for some mnemonic aid. It is necessary to be cautious with such

statements, either because, as made, they only “round out” the figures

or because the reliability of the aid to memory must first be tested.

Finally, it is well-known that foreign words are often changed into

senseless words of a similar sound. When such unintelligible words are

heard, very loud repeated restatement of the word will help in finding

the original.

TITLE B. DIFFERENTIATING CONDITIONS OF GIVING TESTIMONY.

Topic 1. GENERAL DIFFERENCES.

(a) Woman.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 29 / 79 章