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Section 85. I. The Influence of Nurture.

Criminologically the influence of nurture on mankind is important if it can explain the development of morality, honorableness, and love of truth. The criminalist has to study relations, actions, and assertions, to value and to compare them when they are differentiable only in terms of the nurture of those who are responsible for them. The most instructive works on this problem are those of Tarde,[1] and Oelzelt-Newin.[2] Among the older writers Leibnitz had already said, "If you leave education to me I'll change Europe in a century." Descartes, Locke, Helvetius assign to nurture the highest possible value while Carlyle, e. g., insists that civilization is a cloak in which wild human nature may eternally burn with hellish fire. For moderns it is a half-way house. Ribot says that training has least effect at the two extremes of humanity—little and transitively on the idiot, much on the average man, not at all on the genius. I might add that the circle of idiots and geniuses must be made extremely large, for average people are very few in number, and the increase in intellectual training has made no statistical difference on the curve of crime. This is one of the conclusions arrived at by Adolf Wagner[3] which corroborates the experience of practicing lawyers and we who have had, during the growth of popular education, the opportunity to make observations from the criminalistic standpoint, know nothing favorable to its influence. If the general assertion is true that increased national education has reduced brawling, damages to property, etc., and has increased swindling, misappropriations, etc., we have made a great mistake. For the psychological estimation of a criminal, the crime itself is not definitive; there is always the question as to the damage this individual has done his own nature with his deed. If, then, a peasant lad hits his neighbor with the leg of a chair or destroys fences, or perhaps a whole village, he may still be the most honorable of youths, and later grow up into a universally respected man. Many of the best and most useful village mayors have been guilty in their youth of brawls, damages to property, resistance to authority, and similar things.

But if a man has once swindled or killed anybody, he has lost his honor, and, as a rule, remains a scoundrel for the rest of his life. If for criminals of the first kind we substitute the latter type we get a very bad outlook.

Individuals yield similar experiences. The most important characteristic of a somewhat cultivated man who not only is able to read and to write, but makes some use of his knowledge, is a loudly-expressed discontent with his existence. If he once has acquired the desire to read, the little time he has is not sufficient to satisfy it, and when he has more time he is always compelled to lay aside his volume of poetry to feed the pigs or to clean the stables. He learns, moreover, of a number of needs which he can not satisfy but which books have instilled in him, and finally, he seeks illegal means, as we criminalists know, for their satisfaction.

In many countries the law of such cases considers extenuating circumstances and defective bringing-up, but it has never yet occurred to a single criminalist that people might be likely to commit crime because they could not read or write. Nevertheless, we are frequently in touch with an old peasant as witness who gives the impression of absolute integrity, reliability, and wisdom, so much so that it is gain for anybody to talk to him. But though the black art of reading and writing has been foreign to him through the whole of his life, nobody will have any accusation to make against him about defective bringing-up.

The exhibition of unattainable goods to the mass of mankind is a question of conscience. We must, of course, assume that deficiency in education is not in itself a reason for doubting the witness, or for holding an individual inclined to crime. The mistakes in bringing-up like spoiling, rigor, neglect, and their consequences, laziness, deceit, and larceny, have a sufficiently evil outcome. And how far these are at fault, and how far the nature of the individual himself, can be determined only in each concrete case by itself. It will not occur to anybody to wish for a return to savagery and anarchy because of the low value we set on the training of the mind. There is still the business of moral training, and its importance can not be overestimated. Considering the subject generally, we may say that the aim of education is the capacity of sympathizing with the feeling, understanding, and willing of other minds. This might be supplemented, perhaps, also with the limitation that the sympathy must be correct, profound, and implicative, for external, approximate, or inverted sympathy will obviously not do. The servant girl knows

concerning her master only his manner of quarreling and his manner of spitting but is absolutely unaffected by, and strange to his inner life. The darker aspects of culture and civilization are most obvious in the external contacts of mankind.

When we begin to count an intelligent sympathy, it must follow that the sympathy is possible only with regard to commonly conceivable matters; that we must fundamentally exclude the essential inward construction of the mind and the field of scientific morality. Hence we have left only religion, which is the working morality of the populace.

According to Goethe, the great fundamental conflict of history is the conflict of belief with doubt. A discussion of this conflict is unnecessary here. It is mentioned only by way of indicating that the sole training on which the criminalist may rely is that of real religion. A really religious person is a reliable witness, and when he is behind the bar he permits at least the assumption that he is innocent. Of course it is difficult to determine whether he is genuinely religious or not, but if genuine religion can be established we have a safe starting point. Various authors have discussed the influence of education, pro and con. Statistically, it is shown that in Russia, only 10% of the population can read and write, and still of 36,868 condemned persons, no fewer than 26,944 were literate. In the seventies the percentage of criminals in Scotland was divided as follows, 21% absolutely illiterate, 52.7 half educated; 26.3% well educated.

The religious statistics are altogether worthless. A part of them have nothing to do with religion, e. g., the criminality of Jews. One part is worthless because it deals only with the criminality of baptized Protestants or Catholics, and the final section, which might be of great interest, i. e., the criminality of believers and unbelievers, is indeterminable. Statistics say that in the country A in the year n there were punished x% Protestants, y% Catholics, etc. Of what use is the statement? Both among the x and the y percentages there were many absolute unbelievers, and it is indifferent whether they were Protestant or Catholic unbelievers. It would be interesting to know what percentage of the Catholics and of the Protestants are really faithful, for if we rightly assume that a true believer rarely commits a crime, we should be able to say which religion from the view point of the criminalist should be encouraged. The one which counts the greater percentage of believers, of course, but we shall never know which one that is. The numbers of the

"Protestant" criminals, and those of the "Catholics," can not help us in the least in this matter.