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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 residue 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


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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


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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.