Section 71. 1. Conception.

Concerning feminine sense-perception we have already spoken. There is no

significant difference between the two sexes, although in conceptual

power we find differences very distinct.

It may be generally said, as the daily life shows, that women conceive

differently from men. Whatever a dozen men may agree on conceptually,

will be differently thought of by any one woman. Now what is significant

in this fact is, that generally the woman is correct, that she has a

better conception,--and still under the same circumstances we continue

to conceive in the same way, even for the tenth time. This fact

demonstrates that a different form of organization, i.e., an essential

difference in nature, determines the character of conception in the two

sexes. If we compare values, the result will be different according to

sex, even with regard to the very material compared, or to the manner in

which it has been discovered. In the apprehension of situations, the

perception of attitudes, the judgment of people in certain relations, in

all that is called tact, i.e., in all that involves some abstraction or

clarification of confused and twisted material, and finally, in all that

involves human volitions, women are superior, and more reliable

individually, then ten men together. But the manner in which the woman

obtains her conception is less valuable, being the manner of pure

instinct. Or suppose that we call it more delicate feeling--the name

does not matter--the process is mainly unconscious, and is hence of less

value only, if I may say so, as requiring less thought. In consequence,

there is not only not a decrease in the utility of feminine testimony;

also its reliability is very great. There may be hundreds of errors in

the dialectical procedure of a man, while there is much more certainty

in the instinctive conception and the direct reproduction of a woman.

Hence, her statements are more reliable.

We need not call the source of this instinct God’s restitution for

feminine deficiency in other matters; we can show that it is due to

natural selection, and that the position and task of woman requires her

to observe her environment very closely. This need sharpened the inner

sense until it became unconscious conception. Feminine interest in the

environment is what gives female intuition a swiftness and certainty

unattainable in the meditations of the profoundest philosophers. The

swiftness of the intuition, which excludes all reflection, and which

merely solves problems, is the important thing. Woman perceives clearly,

as Spencer says somewhere, the mental status of her personal

environment; while Schopenhauer has incorrectly suggested that women

differ from men intellectually because they are lazy and want short-cuts

to attain their purpose. In point of fact, they do not want

short-cuts--they simply avoid complicated inference and depend upon

intuition, as they very safely may. Vision is possible only where

perception is possible, i.e., when things are near. The distant and the

veiled can not be seen, but must be inferred; hence, women let inference

alone and do what they can do better. This suggests the value of these

different interpretations of the feminine mode of conception. As lawyers

we may believe women where intuition is involved; where inference is a

factor we must be very careful. Sensory conception is to be understood

in the same way as intellectual conception. According to

Mantegazza,[268] woman has a particularly good eye for the delicate

aspects of things but has no capacity for seeing things on the horizon.

A remote, big object does not much excite her interest. This is

explained by the supposed fact that women as a rule can not see so far

as men, and are unable to distinguish the distant object so well. This

is no explanation because it would be as valid of all short-sighted

people. The truth is, that the definition of distant objects requires

more or less reason and inference. Woman does not reason and infer, and

if things miss her intuition, they do not exist for her.

Objectivity is another property that women lack. They tend always to

think in personalities, and they conceive objects in terms of personal

sympathies. Tell a woman about a case so that her interest will be

excited without your naming the individuals save as A and B, and it will

be impossible to get her to take a stand or to make a judgment. Who are

the people, what are they, how old are they, etc.? These questions must

be answered first. Hence the divergent feminine conceptions of a case

before and after the names are discovered. The personalizing tendency

results in some extraordinary things. Suppose a woman is describing a

brawl between two persons, or two groups. If the sides were equally

matched in strength and weapons, and if the witness in question did not

know any of the fighters before, she will nevertheless redistribute sun

and wind in her description if one of the brawlers happens accidentally

to have interested her, or has behaved in a “knightly” fashion, though

under other circumstances he might have earned only her dislike. In such

cases the fairy tale about telling mere facts recurs, and I have to

repeat that nobody tells mere facts--that judgment and inference always

enter into statements and that women use them more than men. Of course

real facts and inferred ones can be distinguished,--infrequently

however, and never with certainty. It is best, therefore, to determine

whether the witness bears any relation to one of the parties, and what

it is. And this relation will be an element in most cases inasmuch as

one rarely is present at a quarrel without some share in it. But even if

the latter case should occur, it is necessary, first of all, to hear

every detail so as to get the woman’s attitude clearly in mind. The

evidence of the woman’s mode of conception is of more importance than

the evidence concerning the fact itself. And finding the former is easy

enough if the woman is for a short time allowed to speak generally. When

her attitude is known, the standard for adjusting her excuses of one and

accusations of another, is easily discovered.

The same is true in purely individual cases. In the eyes of woman the

same crime committed by one man is black as hell; committed by another,

it is in all respects excusable. All that is necessary for this attitude

is the play of sympathies and antipathies generated from whatever

source. Just as the woman reader of romances favors one hero and hates

another, so the woman witness behaves toward her figures. And it may

happen that she finds one of them to have murdered with such “exciting

excellence,” and the victim to have been “such a boresome Philistine,”

that she excuses the crime. Caution is here the most necessary thing. Of

course women are not alone in taking such attitudes, but they are never

so clear, so typical, nor so determined as when taken by women.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 38 / 79 章