Section 90. (6) _Intelligence and Stupidity._

The three enemies of the criminalist are evil nature, untruth, and

stupidity or foolishness. The last is not the least difficult. Nobody is

safe from its attacks; it appears as the characteristic of mankind in

general, in their prejudices, their preconceptions, their selfishness,

and their high-riding nature. The criminalist has to fight it in

witnesses, in jurymen, and frequently in the obstinacy,

dunder-headedness, and amusing self-conceit of his superiors. It hinders

him in the heads of his colleagues and of the defendant, and it is his

enemy not least frequently in his own head. The greatest foolishness is

to believe that you are not yourself guilty of foolishness. The

cleverest people do the most idiotic things. He makes the most progress

who keeps in mind the great series of his own stupidities, and tries to

learn from them. One can only console oneself with the belief that

nobody else is better off, and that every stupidity is a basis for

knowledge. The world is such that every foolishness gets somebody to

commit it.

Foolishness is an isolated property. It is not related to intelligence

as cold to warmth. Cold is the absence of heat, but foolishness is not

the absence of intelligence. Both are properties that look in the same

direction. Hence, it is never possible to speak of intelligence or

stupidity by itself. Whoever deals with one deals with the other, but it

would be a mistake to conceive them as a developing series at one end of

which is intelligence, and at the other, stupidity. The transition is

not only frequent, but there are many remarkable cases in which one

passes into the other, gets mixed up with it, and covers it. Hence, a

thing may often be at one and the same time intelligent and stupid,

intelligent in one direction and stupid in another; and it is not

incorrect, therefore, to speak of clever stupidities, and of clever

deeds that are heartily foolish.

The importance of stupidity is due not only to the fact that it may lead

to important consequences, but also to the difficulty of discovering it

in certain cases. It is before all things correct, that foolish people

often seem to be very wise, and that as a rule, much intercourse alone

is able to reveal the complete profundity of a man’s foolishness. But in

our work we can have little intercourse with the people whom we are to

know, and there are, indeed, persons whom we take to be foolish at the

first encounter, and who really are so when we know them better. And

even when we have learned the kind and degree of a man’s foolishness, we

have not learned his way of expressing it, and that discovery requires

much wisdom. Moreover, an incredible amount of effort, persistence, and

slyness is often made use of for the purpose of committing an immense

act of foolishness. Every one of us knows of a number of criminal cases

that remained unexplained for a long time simply because some one

related event could be explained by a stupidity so great as to be

unbelievable. Yet the knowledge that such stupidity actually exists

could explain many a similar matter, simply and easily. This is

especially true with regard to the much discussed “one great stupidity,”

which the criminal commits in almost every crime. Assume that such a

stupidity is impossible, and the explanation of the case is also

impossible. We must never forget that it is exactly the wise who refuse

to think of the possibility of foolishness. Just as everything is clean

to the cleanly, and everything is philosophic to the philosopher,

everything is wise to the wise. Hence, he finds it unintelligible that a

thing may be explained from the point of view of pure unreason. His duty

therefore, is, to learn as much and as accurately as possible about the

nature of foolishness.

There are, perhaps, few books on earth that contain so many clever

things as Erdmann’s little text “Concerning Foolishness” (Über die

Dummheit). Erdmann starts with small experiences. For example, he once

came early to the Hamburg Railway Station and found in the waiting-room

one family with many children, from whose conversation he learned that

they were going to visit a grandfather in Kyritz. The station filled up,

to the increasing fear of the smallest member of the family, a boy. When

the station grew quite full he suddenly broke out: “Look here, what do

all these people want of grandfather in Kyritz.” The child supposed that

because he himself was travelling to Kyritz all other people in the same

place could have had no different intention. This narrowness of the

point of view, the generalization of one’s own petty standpoint into a

rule of conduct for mankind is, according to Erdmann, the essence of

foolishness. How far one may go in this process without appearing

foolish may be seen from another example. When, in the sixties, a

stranger in Paris spoke admiringly of the old trees on a certain avenue,

it was the habit of the Parisians to answer, “Then you also do not agree

with Haussmann?” because everybody knew about the attempt by the

Parisian prefect, Baron Haussmann, to beautify Paris by killing trees.

If, however, the trees in the churchyard of the little village are

praised, and the native peasant replies, “So you know also that our

Smith wants to have the trees chopped down,” the remark is foolish,

because the peasant had no right to assume that the world knows of the

intentions of the village mayor.

Now, if you decrease the number of view-points, and narrow the horizon,

you reach a point where the circumference of ideas is identical with

their center, and this point is the kernel of stupidity, the idiot.

Stupidity is the state of mind in which a man judges everything by

himself. This again may be best illustrated by a figure of speech. If

you go about a room and observe its contents you soon notice how the

objects change place and appearance with the change in your point of

view. If you look _only_ through the key-hole, you do not, however,

recognize that fact; everything seems equal. The idiot is he whose

egoistic eye is the only key-hole through which he looks into the

decorated parlor we call the world. Hence, the defective individual,

l’homme borné, who has real narrowness of mind, possesses only a small

number of ideas and points of view, and hence, his outlook is restricted

and narrow. The narrower his outlook, the more foolish the man.

Foolishness and egoism are privileges of the child; we are all born

foolish and raw. Only light sharpens our wits, but as the process is

very slow, there is not one of us who has not some blunt edges. To

distinguish objects is to be clever; to confound them, to be foolish.

What one first notices in defective minds is the unconditional

universality of their remarks. The generalizations of stupid people are

then unjustly called exaggerations. Where they say “always,” the clever

will say, “two or three times.” The foolish man interrupts his fellow

because he presses to the front as the only justified speaker. What is

most characteristic of him is his attempt to set his ego in the

foreground, “_I_ do this always,” “This is one of my traits,” “_I_ do

this thing in quite another way.” Indeed, every high grade of

foolishness exhibits a certain amount of force which the fool in

question uses to bring his personality forward. If he speaks about

reaching the North Pole, he says, “Of course, I have never been at the

North Pole, but I have been at Annotook,” and when the subject of

conversation is some great invention, he assures us that he has not

invented anything, but that he is able to make brooms, and incidentally,

he finds fault with the invention, and the more foolish he is, the more

fault he finds.

These characteristics must, of course, be kept apart, and foolishness

must not be confused with related qualities, although its extent or

boundaries must not be fixed too absolutely. Kraus, e.g., distinguishes

between the idiot, the fool, the weak-minded, the idea-less, etc., and

assigns to each distinguishing character-marks. But as the notions for

which these expressions stand vary very much, this classification is

hardly justified. A fool in one country is different from a fool in

another, an idiot in the South from an idiot in the North, and even when

various individuals have to be classified at the same place and at the

same time, each appears to be somewhat unique. If, for example, we take

Kraus’s definitions of the idiot as one who is least concerned with

causal relations, who understands them least, and who can not even grasp

the concept of causation, we may say the same thing about the

weak-minded, the untalented, etc. Kant says, rightly, that inasmuch as

fools are commonly puffed-up and deserve to be degraded, the word

foolishness must be applied to a “swell-headed” simpleton, and not to a

good and honest simpleton. But Kant is not here distinguishing between

foolishness and simplicity, but between pretentiousness and kindly

honesty, thus indicating the former as the necessary attribute of

foolishness. Another mode of distinction is to observe that

forgetfulness is a quality of the simpleton who is defective in

attention, but not of the fool who has only a narrow outlook. Whether or

not this is true, is hard to say. There is still another differentiation

in which foolishness and simplicity are distinguished by the lack of

extent, or the intensity of attention.

It is just as difficult to determine what we mean by naïveté, and how to

distinguish that from foolishness. That the concepts nowhere coincide is

indubitable. The contact appears only where one is uncertain whether a

thing is foolish or naïve. The real fool is never naïve, for foolishness

has a certain laziness of thought which is never a characteristic of

naïveté. The great difficulty of getting at the difference is most

evident in the cases of real and artificial naïveté. Many people make

use of the latter with great success. To do so requires the appearance

of sufficient foolishness to make the real simpleton believe that he is

the cleverer of the pair. If the simpleton believes, the mummer has won

the game, but he has not simulated real foolishness; he has simulated

naïveté. Kant defines naïveté as conduct which pays no attention to the

possible judgment of other people. This is not the modern notion of

naïveté, for nowadays we call naïveté an uncritical attitude toward

one’s environment, and its importance in our profession is, perhaps, due

to the fact that--pardon me--many of us practise it. Naturalness,

openness of heart, lovable simplicity, openness of mind, and whatever

else the efflorescence of naïveté may be called, are fascinating

qualities in children and girls, but they do not become the criminal

judge. It is naïve honestly to accept the most obvious denials of

defendant and witness; it is naïve not to know how the examinees

correspond with each other; it is naïve to permit a criminal to talk

thieves’ patter with another in your own hearing; it is still more naïve

to speak cordially with a criminal in this patter; it is naïve not to

know the simplest expressions of this patter; and it is most naïve to

believe that the criminal can discover his duty by means of the

statutes, their exposition, and explanation; it is naïve to attempt to

impose on a criminal by a bald exhibition of slyness; and it is most

naïve of all not to recognize the naïveté of the criminal. A criminalist

who studies himself will recognize how frequently he was naïve through

ignorance of the importance of apparently insignificant circumstances.

“The greatest wisdom,” says La Rochefoucauld, “consists in knowing the

values of things.” But it would be a mistake to attempt always to bring

out directly that alone which appears to be hidden behind the naïve

moment. The will does not think, but it must turn the attention of the

mind to knowledge. It can not will any particular result of knowledge.

It can only will that the mind shall investigate without prejudice.

The proper use of this good will will consist in trying to find out the

quantity of intelligence and stupidity which may be taken for granted in

the interlocutor. I have once shown that it is a great mistake to

suppose the criminal more foolish than oneself, but that one is not

compelled to suppose him to be more intelligent than oneself. Until one

can gain more definite knowledge of his nature, it is best to believe

him to be just as intelligent as oneself. This will involve a mistake,

but rarely a damaging one. Otherwise, one may hit on the correct

solution by accident in some cases, and make great mistakes in all

others.

Intelligence in the sense of wisdom is the important quality in our

interlocutor. The witness helps us with it, and the defendant deceives

and eludes us by its means. According to Kant, a man is wise when he has

the power of practical judgment. According to Dörner, certain

individuals have especial intuitive talents, others have capacity for

empirical investigations, and still others for speculative synthesis. In

the former, their capacity serves to render the object clearly, to

observe it sharply, to analyze it into its elements. In the latter,

there is the capacity for the synthesis, for the discovery of

far-reaching relationships. Again, we hear that the wise head invents,

the acute mind discovers, the deep mind seeks out. The first combines,

the second analyzes, the third founds. Wit blends, sharpness clarifies,

deepness illuminates. Wit persuades, sharpness instructs, deepness

convinces.

In individual cases, a man is completely and suddenly understood,

perhaps, in terms of the following proverb: “There are two kinds of

silence, the silence of the fool and the silence of the wise man--both

are clever.” Kant says, somewhere, that the witty person is free and

pert, the judicious person reflective, and unwilling to draw

conclusions. In a certain direction we may be helped, also, by

particular evidences. So, when, e.g., Hering[302] says, “One-sidedness

is the mother of virtuosity. The work of the spider is wonderful, but

the spider can do nothing else. Man makes a bow and arrow when he can

get no prey in his net, the spider goes hungry.” This distinguishes

mechanical cleverness from conscious wisdom completely. Of the same

illuminating, character are such salse dicta as: “The fool never does

what he says, the wise man never says what he does.” “You can fool one

man, but you can not fool all men.” “Stupidity is natural, wisdom is a

product of art.” “To depend on accident is foolishness, to use accident

is wisdom.” “There are stupidities which can be committed only by the

wise.” “Wisdom is as different from foolishness, as man from monkey.”

“Fools speak what wise men think.” “Understanding is deficient, but

stupidity never is.” etc. These and countless other help us considerably

in individual cases, but give us no general characterization of the

function of wisdom. We may, therefore, get some sort of pragmatic

insight into the wisdom or unwisdom, of an action in the assertion: “To

be wise is to be able to sacrifice an immediate petty advantage to a

later and greater advantage.” This proposition seems not to have

sufficient scope, but on closer examination seems to fit all cases. The

wise man lives according to law, and sacrifices the petty advantage of

immediate sensual pleasure for the greater advantage of sustained

health. He is prudent and sacrifices the immediate petty delights to the

advantage of a carefree age. He is cautious in his speculation, and

sacrifices momentary doubtful, and hence, petty successes, to the

greater later success of certain earning. He is silent, and sacrifices

the petty advantage of appearing for the moment well-informed about all

possible matters, to the greater advantage of not getting into trouble

on account of this. He commits no punishable deeds, and sacrifices

advantages that might be gained for the moment to the later greater

advantage of not being punished. So the analysis might be continued, and

in each case we should find that there was no wisdom which could not be

explained in this way.

The use of our explanatory proposition is possible in all cases which

require determining the real or apparent participation of some

individual in a crime. If the degree of wisdom a man may be credited

with can be determined by means of this analysis, it is not difficult

afterwards to test by its use the probability of his having a share in

the crime in question.

Finally, cases are again and again observed in which very foolish

people--idiots and lunatics--either because of anxiety, terror, wounds

in the head, or shortly before death, become intelligent for a brief

period. It is conceivable that the improvement of mental activity in

these cases arises when the defect has depended on the pathological

dominance of an inhibitory center, the abnormally intensified activity

of which has as its result an inhibition of other important centers

(acute, curable dementia, paranoia). A light, transitory, actual

increase of mental activity, might, possibly, be explained by the

familiar fact that cerebral anemia, in its early stages, is exciting

rather than dulling. Theoretically this might be connected, perhaps,

with the molecular cell-changes which are involved in the disintegration

of the brain. The difference between the effects of these two causes

will hardly be great, but testimony dependent on this altered character

of mental activity will have little reliability. Hallucinations, false

memories, melancholic accusations of self, particularly, may also be

explained in terms of such excitement. We criminalists have frequently

to deal with people in above-named conditions, and when we receive

intelligent answers from them we must never set them aside, but must

carefully make note of them and estimate them in the light of expert

advice.

To this class belongs the interesting phenomenon that we very frequently

meet fools who never do anything foolish. It is not true that these are

simply misjudged and only appear to be foolish. They are really foolish

but they are helped by certain conditions in every instance of their

conduct. To begin with, they are not so foolish as to deceive

themselves; they are, therefore, in possession of a certain notion of

their own weakness, and do not attempt things which are too much for

them. Then, they must have a certain degree of luck in their

undertakings. The proverb says that conceit is the force behind the

fool, and if these fools apply their conceit to appropriate situations,

they succeed. Then again, they sometimes fail to see dangers, and are

therefore free from swindles which are dangerous, even to the cleverest

persons. “The fool stumbles across the abyss into which the wise man

regularly tumbles,” says the proverb again. And if routine may properly

be called the surrogate of talent, we must suppose that custom and

practice may carry the biggest fool so far as to help him in many cases

to success.

According to Esser, the fool thinks in terms of the following

proposition: “Things that are alike in a few points are identical, and

things that are unlike in a few points are altogether diverse.” If this

is true, the fool can fail only when he is drawing inferences of this

kind; if, however, none of the important events in his life involve such

inferences, he has no opportunity to exhibit his essential foolishness.

The same thing is true of his interests. No fool has a real eagerness

for knowledge. He has, instead, curiosity, and this can never be

distinguished with certainty from knowledge. Now, if the fool is lucky,

he seems to be moving forward, shows himself possessed of interests, and

nobody proves that this possession is only idiotic curiosity. The fool

must protect himself against one thing--action. Foolishness in action is

rawness--true rawness is always foolish and can not be mistaken.

Here, again, we draw the extraordinary conclusion that we criminalists,

as in all other cases, must not take man to be what he seems most of the

time, but what he shows himself as, in exceptional cases. The worst man

may have done something absolutely good, the greatest liar may today

tell the truth, and the simpleton may today act wisely. We are not

concerned with man as such; what is important for us is his immediate

self-expression. The rest of his nature is a matter of judgment.

Topic 2. ISOLATED INFLUENCES.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 57 / 79 章