Section 88. (4) _Inclination._

Whether a scientific characterization of inclination is possible,

whether the limits of this concept can be determined, and whether it is

the result of nature, culture, or both together, are questions which can

receive no certain answer. We shall not here speak of individual forms

of inclination, i.e., to drink, to gamble, to steal, etc., for these are

comparatively the most difficult of our modern problems. We shall

consider them generally and briefly. Trees and men, says the old

proverb, fall as they are inclined. Now, if we examine the inclination

of the countless fallen ones we meet in our calling we shall have fewer

difficulties in qualifying and judging their crimes. As a rule, it is

difficult to separate inclination, on the one hand, from opportunity,

need, desire, on the other. The capacity for evil is a seduction to its

performance, as Alfieri says somewhere, and this idea clarifies the

status of inclination. The ability may often be the opportune cause of

the development of an evil tendency, and frequent success may lead to

the assumption of the presence of an inclination.

Maudsley points out that feelings that have once been present leave

their unconscious residua which modify the total character and even

reconstruct the moral sense as a resultant of particular experiences.

That an inclination or something similar thereto might develop in this

way is certain, for we may even inherit an inclination,--but only under

certain conditions. This fact is substantiated by the characteristics of

vagabonds. It may, perhaps, be said that the enforcement of the laws of

vagabondage belongs to the most interesting of the psychological

researches of the criminal judge. Even the difference between the real

bona fide tramp, and the poor devil who, in spite of all his effort can

get no work, requires the consideration of a good deal of psychological

fact. There is no need of description in such cases; the difference must

be determined by the study of thousands of details. Just as interesting

are the results of procedure, especially certain statistical results.

The course of long practice will show that among real tramps there is

hardly ever an individual whose calling requires very hard or difficult

work. Peasants, smiths, well-diggers, mountaineers, are rarely tramps.

The largest numbers have trades which demand no real hard work and whose

business is not uniform. Bakers, millers, waiters are hence more

numerous. The first have comparatively even distribution of work and

rest; the latter sometimes have much, sometimes little to do, without

any possible evenness of distribution. Now, we should make a mistake if

we inferred that because the former had hard work, and an equivalent

distribution of work and rest, they do not become tramps, while the

latter, lacking these, do become tramps. In truth, the former have

naturally a need and inclination for hard work and uniform living, have,

therefore, no inclination to tramping, and have for that reason chosen

their difficult calling. The latter, on the other hand, felt an

inclination for lighter, more irregular work, i.e., were already

possessed of an inclination for vagabondage, and had, hence, chosen the

business of baking, grinding, or waiting. The real tramp, therefore, is

not a criminal. Vagabondage is no doubt the kindergarten of criminals,

because there are many criminals among tramps, but the true vagabond is

one only because of his inclination for tramping. He is a degenerate.

Possibly a similar account of other types may be rendered. If it is

attained by means of a statistic developed on fundamental psychological

principles, it would give us ground for a number of important

assumptions. It would help us to make parallel inferences, inasmuch as

it would permit us to determine the fundamental inclination of the

person by considering his calling, his way of approaching his work, his

environment, his choice of a wife, his preferred pleasures, etc. And

then we should be able to connect this inclination with the deed in

question. It is difficult to fix upon the relation between inclination

and character, and the agreement will be only general when a man’s

character is called all those things to which he is naturally, or by

education, inclined. But it is certain that a good or bad character

exists only then when its maxims of desire and action express themselves

in fact. The emphasis must be on the fact; what is factual may be

discovered, and these discoveries may be of use.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 55 / 79 章