Topic I. GENERAL DIFFERENCES.
(a) Woman. Criminal Psychology: a manual for judges, practitioners, and students | ||
Section 71. I. 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,[1] 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
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.
Topic I. GENERAL DIFFERENCES.
(a) Woman. Criminal Psychology: a manual for judges, practitioners, and students | ||