Adv. MICHAEL LONGOProfessor of Law and Criminal Procedure at the Royal University of Naples

CRIMINAL PSYCHOLOGY

TORINO

MOUTH BROTHERS, PUBLISHERSBooksellers SM The King of Italy

ROME Corso Umberto I,

216-17

MILANO Corso Vitt. Eman., 21

FLORENCE (F. Lumachi Next.)

Via Cerretani, 8

Deposit. gener. Sicily : O. FIORENZA. Palermo Dep. January Naples and Prov. : LIBRARY PUBLISHING COMPANY,

Naples

1906[Iii]

LITERARY PROPERTY

No. 10217-Stab. Tip. Turin, via Ormea, 3.

SACRED TO THE MEMORY

ADVOCATE

RAFFAELE JUSOIn 1906.

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PREFACE

The reader who, perchance, have knowledge of my previouspublications, will see at once, sliding this book, that in it I wanted tosystematize the scattered notions of Criminal psychology, givingthem an organic form.

Convinced, after long and diligent meditation, that any branch ofknowledge must reconnect to the unitary scientific cognition, whosemost accurate and high synthesis is contained in monism, I believednot fool me with solving the problem of crime by means of subjectivetheories which portray the process dynamic of all the phenomena ofnature, from inorganic to organic and from them to humans. Thusthe task for the court is stripped of everything that I have come bycreating fictitious old mistakes metaphysical, traditional socialconcerns; and so, benanche, that the right to punish a part of theevolutionary progress in which all disciplines tend to approach, intheory and in practice. If you do that, this book does not contain thegeneral or fundamental part of criminal psychology. Because theconcepts in that organization are more evident demonstration, it isnecessary that this follow two other works; a treatise on CriminalPsychology ethnological, with the aim of studying the action offorces on the genesis and development environments of the crime;and a treaty of Special Criminal psychology that examines the factsfor each category of criminal subjective event.

I hope that the welcome, I hope that these my studies, I havecomfort in the future, a novel effort and most deserving.

Lucera, December 9, 1905.

M. LONGO.

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INTRODUCTION

1 Contents of scientific psychology criminale.-2. Process distinctionof any phenomenon; natural formation of pensiero.-3. How is thepsychic event legal data punitivo.-4. Genesis of the sanctioncapital; concept of malice in the evolutionary stages of the legalconsciousness of popoli.-5. Brief history of the study of thepsycho-physiological delinquente.-6. Today's writers of differentdisciplines around the delinquente.-7. Stadium integrativepsychology criminale.-8. The theory of dynamic criminal basisof psychological studies of the offender; previous scientificRomagnosi and Carmignani.

1. -The criminal psychology is a separate branch ofpsychology and the science of the common law to punish. Thecommon psychology teaches the laws of thought or the laws of thenatural formation of the conscience; punitive science deals with thegenesis of the offense and the legislation to prevent and prosecutecorruption. By the last of the principles that govern the productionand evolution of psychic phenomena, with those related to thephenomenon of crime, criminal psychology is born whose scientificcontent is in the complex of the laws that govern the formation ofpsychic phenomenon of crime considered by the dual aspect of theevolutionary process and the process of dissolution . The handling ofthis matter taken to give an explanation of how time-enunciamo. Butas the criminal psychology was born and what are its limits ofperformance?

2. -Whatever progressive phenomenon, including that of thought,is not that the distinction made earlier about phenomena less distinct.From the natural formation of the solar system to the highestmanifestations of the human intelligence principle is constant andtakes the form of precision and consistency in growth with greaterintegration of the effect produced. Science can be conceived asknowledge defined in opposition to the indefinite knowledge of thevulgar, and though his character is essential to progress in growth ofprecision; so that second-Spencer-if science was, as indubitable, agradual development of the indefinite knowledge of the vulgar,compiutosi through the centuries, it is necessary that the gradualconquest of the great precision that distinguishes today has been themain stretch of its evolution.

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Actually, I object that is of the mind, we perceive at firstconfused with the existence of things; afterwards by degrees welearn in relationships of space and time, then submit it to the powerof thoughtful and clearly stated, distinguishing it in the manyappurtenances of scientific thought. Neither let us suppose that thedistinction disrupts the continuity of the educational process, whichis opposed to what the law of persistence of any kind of energy; northat the unity of the phenomenon that prevents this fromdecomposing in the primordial elements. So, to say Ardigò, "thethought is, actually, and manifold and one; as also, the thought isnature, that is a natural formation, like all other things. It is manifoldas the aggregation of the atoms of the body, which is the function. Itis one, as the law by which the atoms themselves can not escape theaction of one over the other. Thought is a formation, an effect that isdetermined by the law of the distinction, in a point of the universe,the force residing in all, like everything else. The contradictionbetween the two terms, the unity and multiplicity, it is not only theconsequence of a false idea and now banished permanently frompositive science; the idea, that is, of the substance metaphysics,subject to the phenomena of mind and matter "[1].

3. -L'evento psychic of legal punishment is given to thedistinction and the organization of social ideals antiegoistiche infront of the selfish tendencies of individuals. Accepted relationsbetween 'similar, the first occurrence of a natural reason of law is in'statement of arrogance of the strong towards the weak;nell'esplicazione selfish or talent in opposition to reasonantiegoistica or ideals or social justice. The effects of civilization,and the mindset to adapt to them, give birth to the idea of a powerwhich consists eliminate or prevent the bullying individual, first withthe spontaneous sanction of public opinion, with purpose, with thecostumes, with the religious sentiment; afterwards with preventiveand repressive legal sanctions.

Proceeding social life parallel to the creation of the idea ofjustice, and this being the integral condition because the collectiveaggregate retains its body, it is concluded, with the Ardigò, thatjustice is the specific strength of the Company; it is the specific forceas one would say that the ' affinity is the strength of specificchemicals, the life of the organic, the psyche of animals.

4. -Assommandosi the needs of social idealism in contrast to theuse of individual strength, the mental element of the crime itself wasincreasingly distinguishing; since, transformed with the idea of

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justice in force of repression, separated since the goal, warning anddamage, anti-juridical act, given the subjective state ofconsciousness contrary to the common way of feeling, thinking andwill, and ended with the need for a social sanction , the mercy to theapplication of the penalty. Hence the concept of intent , the meaningof which, in the evolutionary stages of the legal consciousness of thepeople, is varied and indeterminate. The Mittermayer[1] , theNicolini[2] it or assign the foundation of deception and pretense, orof every art and stratagem in order to conceal its intention of othersin the facts that preserve the appearance of being opposed to them.The Buccellato, after having said that the dolus originally meaningbait ( δέλ-εαρ ) and by extension any means of enticement to takethe other in deceit, contends that the dolus was opposed to vis , theopen violence; dualism that is also found in the ancient Germaniclaw[3] .

Finally, the intent, or subjective element of the crime, it washand built by hand with the intention and will to break the moral andlegal, with the conscience of violating the duty to respect the like,with the voluntary nature of the harmful, and with otherpsychological factors which have been used to support theoriesaddressed to better secure the foundation of traceability of theindividual.

For the influence of the metaphysical ideas and a priori about thephenomena of the psyche and the misinterpretation of social facts itcame to conceive the crime a legal entity , and the delinquent as abeing outside the influence of the environment or the dynamics ofthe natural laws which all phenomena are subjected.

5. -Parallelo to process historical-juridical differential of thesubjective element of the crime, he matured the study of that Iobject, but in different field, with the use of the experimental methodand inductive step away without observing the actual reality ofthings. Not, then, abstract and arbitrary assumptions and hypothesesFree substantiated only by logical necessity of the system; butanalytical investigations, analog comparisons, comparisons patients,dispassionate reflections were the means to positivist scientistsindirizzarono is the solution to the phenomenon of crime by taking alook at the person of the offender, in its physical and moral qualitiesand in Cases environments that could affect a arouse and strengthenhis evil tendencies.

The greatest attention was paid to the note by the ancient outer

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somatic teratological or atypical, particularly of the countenance, andthe total range of degenerative physical signs, which were inferredmoral qualities abnormal.

Aristotle and Galen are between 'early; among the Romans, Isthere Cicero, not to mention children. Hippocrates gave valuablereflections about the action of the external world on our inclinations, that the relief not to be attributed to the irregular organic shapes.They were profound observations from the field of science that wentinto the field of art and genius is reflected in conceptions of the greatpoets. The Thersites of Homer, and besides, the same, the thiefAutolycus, the maternal grandfather of Odysseus; Achilles,Menelaus robbers and habitual cruel; and, in the tragic, parricideOedipus, Odysseus as painted in the Philoctetes of Sophocles,Euripides' Hercules furious, the Ajax of Sophocles, and finallyOrestes, delinquent typical impulsive, so masterly depicted byAeschylus (in The Libation Bearers and Eumenides ) by Sophocles(in ' Electra ), Euripides (in ' Electra and in ' Orestes ), are to showus how much the art is worth to anticipate the discoveries of science,and how it directly capturing the vision of reality, less turn awayfrom the ways of truth, from which distracts us, so often, the soughtaid of a logical formula.

6. -was, however, remaineth to the new times, the assumption ofdetail and improve their knowledge of the criminal psychophysics.And here is an array of names, whose works are scattered throughoutthe scientific material that will serve the basis of the applications inour discipline: GB Door, Lavater, Gall, Lauvergne, Gasper, Morel,Lucas, Ferry, Wilson, Nicolson, Thompson, Despine, etc..

In our day no longer sconoscerà the merit of high C. Lombrosowho, having systematically collected anthropological data of theoffender, greatly facilitates the task for the psychologist seeks tobuild on solid science of the psyche of the criminal, in application ofthe theoretical positive more accepted by reputed writers of generalpsychology.

7-But even assuming that you have already prepared thescientific material, much in the experimental part, for theaccommodation of psychological theories criminals, the peculiarbranch distinct lack of content just yet. Many people confuse thecriminal psychology and anthropology, and sociology or criminalpsychiatry. Krafft-Ebing, for example, in his masterly treatise ofForensic Psychopathology , does that limit the study to the

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discussion of psychological freedom or less of crime, and thefundamental principles of attribution: the rest is material pathologyor neuropathology. Nor otherwise occurs in other writers, includingLombroso, the Virgil, the Marro between 'us; There are preciousnotions isolated; lacks the order, coordination, unity of the system.Maybe we will see-and-address scientific staff begins to appear inthe domain of criminal psychology collective, after the works ofTarde, the Rossi, the Sighele: but oh! as it is still desirable thatresearch move ahead because we can say that we have tracked safeboundaries of separation between our discipline and the like. Ingeneral, the defect emanates from the exaggerated importance givento the factor or pathological side of the crime to the detriment ofpsychic factors: which should not excite our wonder, if we considerthat those who most frequently propose the task of examining thedelinquent are not psychologists profession, but psychiatrists: whatabounds in a field is missing in the other.

8. -Lo stage route down to us, from criminal psychology ismerely descriptive : there are the basics, there is no science.

The general psychology is, but, yes, first by facoltarci to makeuse of his light to coordinate the precious material scattered aroundthe main problems of the psyche of the offender, fertilize it andunite.

The theory, which for years and we advocate that goes by thename of theoretical dynamics criminal , marks the extreme limit ofconciliation between the real human psychology generally acceptednotions of normal and abnormal, somatic and psychic, of theirdelinquent . The man is an energy, or a complex of energies in place:either he will play normally, or that deviates from the operation ofthe average man, you never will free from the power of dynamiclaws which relate, in the final expression, law of causality.Understand, then, is the genesis, changes, fluctuations, theantagonism of the psycho-physical energies of the common man;Read seize the increase and the decrease of the successivetransformations, the sudden onset and the slow build up and layeringthem in the acts and reflections in the dark depths of theunconscious, it is sufficient preparation to go into the unexploredrecesses of the soul of the offender and render overt laws whence 'isgoverned. What if the dues derived from psychology are additionalsubsidies of psychiatry, anthropology and criminal sociology, thetask will succeed with less difficult and more likely success.

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To tell the truth, in Italy it is not the first time that Siasi intuitedthe dynamic genesis of the crime: the Romagnosi was its forerunner.

He realized that "there is an infallible and constant connectionbetween the reasons, which are present all'intendimento, anddeterminations of the human will; and these measurements arealways relative and proportionate to the species and energy of thesame reasons »[4] . And elsewhere: "If by the ideas reprimenti hadnot enclosed a natural energy operating on the sensitivity and thehuman will; if the consent of these faculties is not folded it a secondand a proportion of the forces of the ideas above, and explain how,Might claim, I say only that they have efficacy to curb or slow downother previous pulse, but not even having the power to produce a anyeffect? "[5] . Even the Carmignani says, that the force necessary souloffense can not decrease that for the action of extraneous forces thatdepress; and MOREOVER, that the strength of the human is like allother forces, which act in nature, subject to anomalies, suchaberrations, and in the events produced by other forces, which,almost episodic to the main, grafted, the change and sometimes theychange the character at all[6] .

The new address of the substantive ideas were well learned, butbefore that philosophy is not to abandon the a priori method, andbefore the biology, physiology and psychology does not comply withthese regulations to the common evolutionary system unit, lacked themeans to verify the facts in the individual or in multiform states ofconsciousness of the non-delinquent differences, the dir Carmignani,the strength of the human soul, from all other forces acting in nature.

The criminal psychology, finally, not only proposes the intent toanalyze and appreciate the phenomenon of crime in its subjectivecontent, but aims even groped the problem or repressivepenitentiary, in the modest confines of her set; to oppose thedangerous psychic functioning of the criminal remedy some ofwhich we are permitted to have without violating the requirements ofjustice specific strength of the Company.

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CHAPTER I.

The criminal psychic functions.

1 Scientific concept of the word function .-2. Their physical andmental functioning of delinquente.-3. Abnormalities of the same:general law of equilibrium violated by delitto.-4. The concept ofpsychic equilibrium is the only criterion for distinguishingbetween normal man and delinquente.-5. The ethical equivalentof psychological imbalance; His reflexes given to subjective andobjective of delitto.-6. In the psychic functions which consist intheir criminal aspect intrinsic and extrinsic.

1. -Member acts of our lives are so many effects that connectto each other's causes. If these causes we are known, we use it todescribe the act, distinguishing it from all the others that haveresemblance with it. Say, for example, that anybody has beensubjected to operation surgical to mean that the act of he operated isthe product of intelligent cause, which we refer to the person of asurgeon. IN ADDITION, we usually forced by the need to turn to thework of an engineer for the construction of some machine, for thetreatment of a disease, for the defense of an argument; and this isbecause we assume that those people Let them be the most suitableto satisfy our desire. Joining the first to the second fact ofexperience, we conclude that the qualifications, by which wedistinguish the specialty acts and the reason for choosing the mostcapable people to carry them out, are integrated into the usualjudgment to believe that given causes with greater ease yield dataeffects. The same observation we do, reflecting on why wedistinguish our sense organs. We affirm the virtue of his eye to see,hearing to hear, because we know that these organs possess thequalities adapted to the effects reported; that they risegga aptitude toperceive colors, to learn the sounds.

The idea of aptitude, capacity, ease implied in the exposedratings is expressed, in general term, the word function . Inphysiology parlasi functions of tissues, organs of hearing; functionsof nutrition, reproduction, relationships, signifying phenomena,isolated or complex, carried by the body for the preservation of the

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individual and the species. Sociology deals with social functions;psychology of the functions of the mind. In any case, the functionword is accompanied by the sense of processes easier withprovisions to operate certain results.

The Wundt well observes, that all the times, such as forequipment, a structure so complex, the nervous system, we have noawareness of the real composition of the molecular changes, inwhich consists the exercise, there remains only this generalexpression of functional requirements , which can always take in agood sense: thus, in contrast to the theory of material tracespersistent, this expression assumes an action in a row, the first ofwhich is durable and gradually disappears again for the cessation orabsence of exercise, effect a row that does not consist point in thecontinuation of the duration of the function, but in the ease withwhich it reappears[7] .

And the same adds, that if, from the physical domain, we transferthis way of considering the psychic domain, the only consciousrepresentations are to be recognized as real representations; andrepresentations, disappeared from consciousness, will leave afterhimself of psychic dispositions , of unknown species, to renew them.The only difference that separates the physical domain of the psychicdomain, is as follows: from the physical side there he is permitted tohope that gradually we will come to know more intimately the natureof coteste permanent modifications, which we designate in the shortterm with the format; while that from the psychic side, this hope isalways forbidden, as it marks the limits of knowledge, at the sametime, the limits of our internal experience[8] .

2. -If function depends on the exercise and has exponent for amore perfect arrangement, we believe that it is facoltati rannodiadaptation and the organic selection. The antagonism between thelaw of variability , shapes and characters, and the law of inheritance, which maintains or preserves the species among individuals; notthat the survival and prevalence of individuals most suitable andbest-established attitudes, lead us to believe that the function,physical or mental, is the equivalent of more energy conforming tothe external environment or internal, and more consistent with ourstate specification.

We come, then, to the study of the psyche of the offender, we,first, we will find it appropriate to form some of the same generalconcept; considering a priori , except to prove after that, taking in a

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differentiated scale of man, the offender a variety social and moral,must also submit the exercise of his own energies to function at all,we need to take into account from now on . The inclinations of thecrime, precisely because such must let us assume that the individualthat is something affection, possesses the specialty to overcome theobstacles that hamper it nell'imperio of the psyche, pel easier courseto the External Action Service.

The function appears when the power of the state purelypotential changes to state current ; it, therefore, and marks thedegree of evolution of individuals, makes it obvious fingerprints andprovides us with the means to characterize actions.

3. -Who looks at the effects of the crime appears evident the ideathat, in this case, ARE CONCERNED anything out of the ordinary;of psychic functioning is not obedient to the rules logical, ethical,social, common to the rest of citizenship; Wherefore he is, evenbefore the Enlightenment apportatici from the anthropologicalsciences, the consciousness of the majority considered the offenderto be an exceptional temperament, to be submitted to the sanction ofpreventive and repressive laws. Who wants to appeal to the criterionof common sense, be answered feel that these non-Serb in his actionsto the law of equilibrium and that, breaking the status of your order,mostrasi unsuited to civilian life. The answer, yes, easy and natural,assumed the principle that life beings, whatever came from, is notthat orderly sequence of acts governed by the law of balance, andthat as soon as this law is violated, or beings disappear or survivestruggling with ongoing difficulties to adapt to the environment .

Spencer wrote: "the universal coexistence of antagonistic forces,which produces the universality of rhythm and decomposition of allthe forces in divergent forces, requires also the final balance. Eachbike, being subjected to strength, continually undergoes subtractionsending the cessation of movement. Thus, when in the middle ofrhythmic changes, which constitute the organic life, a disturbingforce operates an excess of changes in one direction, it is graduallydecreased and finally neutralized by the antagonistic forces whichcarry out a change compensator in an opposite direction, and restore,after fluctuations more or less repeated, the condition media. Thisprocess is called by doctors mediating force of nature "[9] . Thepsychic balance supposedly more force or system of forces inantagonism. It is not inertia, but the result of opposed movementsthat compensate for their forces for the elimination of anycangiamento. Like the feeling called sense of balance , by which the

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body maintains its position and orientation, the acts of our psychiclife are found in equilibrium business where their center of gravitydoes not move from the sphere of ordinary shares; mark theascending and descending line with the bike upright or straight , donot stray from the rules of conduct which the individual is an integralpart of the social whole, and the whole social harmony for thepurpose of our existence near or remote. The crime, denying thebalance, is an element to be eliminated; is not only a separateprocess and find the place in the series of multifaceted effects of thelaw of variability, but it is an epiphenomenon or productsovraggiunto, which is separated from the harmony of the whole,and for the bargain, it undermines the bases, introducing disruptiveforces contrary to the evolutionary nature of civilized man.

4. -L'anormalità the delinquent tells us that there is a normaltype of man. Vogliasi not, therefore, exaggerate the significance ofa distinction merely relative to the goals of social life and the needprotective of each. When we say normal or abnormal type of man,we mean concepts that reflect the given conditions of things; whichchanged every notion loses its scientific value.

The concept of psychic equilibrium is the only criterion fordistinguishing between normal man and the thug.

Consciousness, the individual self is inconceivable, in thesuccessive states of the time, if not rested on a stable and invariablethat is evident in the physiognomy of each act, and need to deviseour actions in a compact body and a similar, although undergoingseveral transformations. What is for the individual, it is for thecollective man; what is the case, it is generally pel. Mercèabstraction we form the idea of the type, a symbol of a way of beingdifferent and standing. The observation on the existence and the lawsgoverning the vast majority of individuals forming social bring us tothe induction of rules of operation and conduct joint, hence theabstract idea of the type of normal man. The changes, which the typeis subject, are similar to the conditions of the environment or socialor historical or ethnic. In short, the concept of non departs from whatis inherent to any other concept of our mind and that is summednell'infrascritto principle: the thought is not that the necessaryproduct of the relativity of our mental functions.

Divergent forces in the antagonism of the center of gravity of thewhole process is always fixed; routing of motion action and reactionare compensating for fluctuations. Similarly, the instability and the

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stability of mental equilibrium depends, in the series of oscillations,by the use of greater or lesser inhibitory power or force of resistanceand shutdown. This, subsequently, will be widely demonstrated.

5. -L'equivalente ethics of psychological imbalance respondsto the disorder caused by volitions and actions that do not conformto the media of social existence in harmony to the individual orcollective well-being; crime mob, per se, this average order, and thisbecause with it the common center of gravity of our business ismoved; is shaken or denied the agreement between the individualand his fellows. One of the traits of immoral conduct that-look-Spencer is the excess, while the moral character has for moderation.The excesses imply differences in the actions of a medium;moderation, by contrast, implies conservation of the middle way;whence it follows, that the actions of the last species can be definedmore easily than those of the first. Clearly, conduct that is notrepressed it outwits between large fluctuations in incalculable, for itdiffers from conduct that is moderate, whose oscillations arenaturally between narrow limits. And being between narrow limits,necessarily make determinations relating to movements[10] .

The rules of conduct we learn that there Sieno specific purposesto which we must direct the actions; and that there are ways andways to nominate waves are received by the said purpose. Ourbusiness, estrinsecandosi, is accompanied in the instruments in arow, from awareness, immanent or spontaneous reflection,relationships preordained or systematized because of our expectationor habit. The crime, causing damage private and public, is incontradiction with the purpose of co-existence, to contribute to thewell-being of the like; and it is contradictory, yet, with the ways andmanners wave activity should manifest itself in the actions. Theesquilibrio, then, is projected from the subjective into the objectiveworld; and raises the alarm, because he shakes his safety and well-being of others threatens to deprive the existence of conditions thatare more favorable. As long as the esquilibrio remains in thesubjective, there is no reason to be alarmed; you are the first acts ofmanifestation, which not even need to be repressed: they can servethe same purposes indifferent or criminal, when in doubt, imposes aduty to suspend any decision. But, so soon as uncertain by the acts ofmere preparation, we move to enforcement, accrescendosi the socialdanger, the law provides that the threat is suppressed, because noone has the right to disturb that order or life balance , which is thebasis and prerequisite of existence. Continuing to reflect, you will

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have because certain facts, although restricted in terms of the merepossibility of harm, Let them be punished by law; for example, theattempt in some offenses, falsification of documents which mustretain the imprint of the public faith. The esquilibrio own murder,obbiettivandosi outwardly, always retains the intrinsic character ofsubjectivity without it being due to acts that materially or reallyoffend the like, they subjectively makes an alteration of well-being,the exponent of which is the 'alarm or fear of seeing the brokensocial structure, and breached the duty of care and mutual respectbetween the components of the aggregate. The concept of balance oresquilibrio ethical or social, subjective or objective, is to beunderstood always comparatively to the needs of conduct orcommon well-being among people facienti part of a company; hencethe duty of distributive justice, which is guided, that is, theobligation to protect the right of each in the proportion of Mantenerneed to strengthen the bonds of the parts to the whole. The costumes,customs, laws have many delimitativi terms of human actions; arethe milestones that mark the stages on the path of progressive humancivilization. But they, too, banks opposed to the spread of currentsthat threaten to overwhelm the poor victims. What alters the constantoccurrence of the phenomena of nature can not Tornar never goodfor man; and the crime is something the example.

6. -Riassumendo, say, the psychic functions that crime,considered as an intrinsic aspect, are the equivalent of faculty unfitfor use of inhibitory power and the state of equilibrium; consideredextrinsic in appearance, are the causes of disturbance of the socialorder that is the specific strength of individual well-being in accordwith the collective well-being.

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CHAPTER II.

The psychic elements of crime.

1 Law of continuity in the psychophysical phenomena; law ofcorrelation between being and his ambiente.-2. The law ofcontinuity and environment compared to delitto.-3. Reasons forthe abnormal operation of the criminal escapes psychophysicalexperimental analysis; rules relating to the proof of the origin ofthe physical delitto.-4. The psychophysical elements of the crimeand the internal state of equilibrio.-5. State esquilibrio psychic;force and motion; reason, cause and azione.-6. What is meant byimpulse; dual fundamental principle of psychology monistica.-7.Psychophysics and its value in the phenomena of esquilibrio ofthe crime.

1. -All phenomena perceived by us are accompanied by theessential character of mutual coordination or continuity. Thedistinction that sogliamo do between the one and the otherphenomenon, between the one and the other mode of existence,between life psychic and physical need not to our knowledge, which,because of the relativity of its nature could not learn the truth ofthings if it did not do for individual concepts. This supreme law ofhuman knowledge, that the law of continuity , still reigns in thegenesis and evolutionary series of psychophysical phenomena. Thelife of the mind and the body are two sides of a single process ofintegration with ascending degrees of greater distinction andcomplexity: from the acts purely automatic reflex actions fromsimple to high conceptions of thinking that there is progressuninterrupted by infinitesimal degrees.

Who, then, is preparing to study any psychic phenomenon mustnot stop in its extreme forms; must, however, be able to grasp thegenesis and appreciate the graduated development from primitiveelements at the highest exponent of intelligence.

The second law, which is also the basis of organic evolution, isthe correlation between being and his environment; the which law isexpressed, according to Spencer, the canon, that life is not thatcorrespondence .

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2. -The crime also is subject to the law of continuity andenvironment . The continuity relates more closely the subjectiveelement; namely the state of consciousness synthesis of all theinternal coefficients which contribute to ensuring that the energy iseffected externally mercy criminal action of affairs. It should benoted that, since the crime action anomalous in comparison to theaverage of the common behavior, even the law of continuity, in thecorrelation of psychic phenomena of the offender, should be subjectto some variation, of the genesis and development, to distinguish, forthose who analyze the information elements, from what happens forthe normal man. The difference in their genesis is similar to thenature of the criminal energy and the physical factors that give riseto the appearance of the first degree. The difference in developmentis especially in relation to the action of the reasons the energy wavesis determined criminal.

3. -We we do not have exact knowledge about the physicalfactors of the crime; psychophysical abnormal operation of thecriminal escapes permitted direct analysis with the aid of experience.

This is done for three reasons: a ) because it is not allowed toplay at our pleasure, the phenomenon of crime, b ) because when thisphenomenon occurs reflective of the scientist's work can not takeplace, and c ) why should, subject to production of the crime to theinfluence of the environment, this is relative to the circumstancesaccidental and fleeting wherefore it together. Then the followingrules, which are to be mentioned in the field of physical evidence ofthe genesis of the crime: 1 to not being allowed on the offender thatthe use of the method a posteriori , ie the method by finding qualitypermanent organic dates, supposed to, the investigation of whathappened at the time of the crime, ultimately we can not learn, thephysical genesis of the crime, that notions at all likely; 2 in theinductive certainty, the respect, not exceeding the value ofhypotheses, is why the affirmation of the indictment and sentencing,Is there a limit to the arbitrary abandoned of the judge who knows,mercy criteria From personal experience, integrate the prescriptionrepressive law with the relativity of guilt of the offender.

4. -Member psychophysical elements of the crime be solved inmany equivalent of an intimate nature, hereditary or acquired, of thedelinquent, in competition with the stimuli, external or internal,effective to put in motion the criminal energy. The study of theseelements we learned: a ) that the offense, notified as a legal entity,

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and the mixture of different factors whose analysis must precede thesanction repressive, b ) that the crime is considered as the result ofindividual psychological and physical factors, has need evidence,which collect in logic synthesis, since it is necessary pel convictionof the magistrate. So to study the legal side to that of the mental andphysical side of the crime there must be a fundamental concept thatis the starting point of the concept of the facts: concept, as logicallysimple, equally objectively suited to fix the idea of normality andthat of abnormalities in the moral domain. The existence of acriminal matter energy function dissimilar to the normal nature ofman, that is the average of rectitude of conduct in compliance withthe essential standards of social or legal.

This discrepancy is a result of an internal state of imbalance ordisturbance of harmony and contrast of states of consciousness withthe outside world is configured in the life of relationship with theirown kind. The adaptation to intimate inherited tendency and qualityacquired brings the rhythm of states of consciousness a function ofregularity that we called to equilibrium , according to which the factspsychic representative , emotional and volitional place withconnections, inheritance and simultaneity, integrative, ie the law ofconstant correspondence with the degree and the extent of the pulseswhich give the initial momentum for action. Such a state ofequilibrium, remaining in the subsequent external acts, turns in manyother states, taking the name from the sphere of action in whichappear, are so many fulcrums of individual or collective life andcorrespond to separate sanction preventive or repressive. Then wehave the first form of the legal status of balance in the order of thefamily; afterwards in that of different kinds of companies created bylaw or imposed by the need to ensure and guarantee the means foresplicamento of our needs; finally, in the broader and universal thatthe idea of nation, humanity comes to the concept of absolute justice.

Are equilibrium states, whose foundation must always be placedin the harmony of faculties and acts, functions and laws: theindividual man collective process is unique, ensuring the pace of theoperation conscious intent not to fail of progressive improvementthat will ensure their well-being with that of others.

5. -Lo state of imbalance is opposite in nature to the oneexamined. Then the notion of the state abnormally , or contrary tothe normal operation of man.

We have said that the psychic state of equilibrium is hereditary

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and acquired: the main function, on which is placed by nature, as itis essential psychological rule, that any act of internal emotional orvolitional has its genesis in the spontaneous process organicindividuale.-so soon as in the states of consciousness begins to failthe rhythm, the action of some stimulus does not correspond to themutual reaction; Void, therefore, the attitude is also transient, theintegration process; the current energy functional are troubled;impulsive tendencies win the reactive action of the power to arrest;the effectiveness of the pulse does not involve more strength;disappear the boundaries of the visual field of consciousness andintellect all'ottenebramento happens the outbreak of passion. Thephenomenon described here, strictly limited to the fact of the crime,requires us, first of all, the study of motives or impulses of internaland external energy of the crime.

The misconception that in general you want to engender in thedynamics between the idea of force and the idea of movement,taking the first for a potential abstract and the second for somethingthat inheres not to matter, but this mode is accidental , is foundbetween all the day the idea of design or pulse and that action. Itconfuses the reason for the cause; not reflecting that the former is infact what that the latter is, in abstraction or logical relations, with theidea of effect.

Now who will look well that the reason or impulse, dynamicallymerges with the action; it is the essence and reality.

The psychic energy, with normal or abnormal, is always inactivity: as soon as you make the action of some impulse, theprevious state of consciousness undergoes change; begins an effectthat runs through the degrees of svolgimenti comply with theintensity impulse, and either runs out, because detained in theinternal domain, which flows into the outside world and iscompleted in a similar act of conduct. The external act is theequivalent of the inside, which explains the reason for the motioncausal impulse, the continuity of mental and physical energy fromthe initial moment of feeling or idea until the end of the action, andthe last because it connect the imputability of our physical actssimilar to moral culpability.

6. -This we call impulse that is not a shock, a first movement,which formed part of the visual field of consciousness, or influenceto create a new state, ie, for the same nature, plays were earlier in thedomain of the past ' unconscious or asleep as not to arouse any

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interest. As easy to be understood, the statement seems, it containsthe fundamental problem of life. What ever it is, in fact, the life, ifnot, in the words of De Blainville, the twofold internal movement ofcomposition and decomposition, at once general and continuous? or,according to Spencer, the coordination of the actions? Neitherinternal motion is verifiable, nor coordination without there being aphysical and chemical phenomena of assimilation andtransformation of the energy of the stimulus, without the organ ofsense there lends itself to convey to the dynamic change centerssuffered.

Best definition of life, in the sense learned here, is that suggestedby GH Lewes, namely, that it is a series of changes defined andfollowed, much of the structure as composition, which take placewithin an individual without destroying its identità.-La monisticpsychology, considering the natural conception of psychic life as thesum of the vital phenomena which, like all others, are linked tospecific substrate material, said psicoplasma (Haeckel), relates thephenomena of the soul to the law of substance , that is to say the dualprinciple of the conservation of matter and energy; and therefore itcan be concluded that the assimilation of energy transformed thestimulus, follow-cell function by irritability, sensitivity and motion. Ifully accept the doctrine of Haeckel, who puts it this way: Theneurological problem of consciousness is only a special case of thecosmological problem which embraces in itself all the others, theproblem of substance. If we had understood the essence of matterand force, you could also understand how the substance, which is thefoundation, can, under certain conditions, to feel, think and want.Consciousness is like the feeling and the will of the higher animals, amechanical work of the ganglion cells, and they should, as such, dueto physical and chemical processes that occur in the plasma of these.Furthermore, by applying methods and genetic comparison, wearrive at the conviction that consciousness-ed together also a reason-it is not an exclusive feature of man; on the contrary this is alsofound in many higher animals, not only vertebrates but alsoarticulated. Man's consciousness is different only in degree, to agreater development, from the most perfect animal, and the same istrue of other spiritual activities of man[11] .

7. -Data the permanence of the relationship between the action ofexternal stimuli and subsequent sensory states, Fechner founded thescience news he called Psycho-physics . He, however, stopped themeasurement of sensations; other, more direct disciples of Weber,

[21]

extended the measurement sensitivity in general; others arrived tomeasure the duration of psychic acts, and our days, more accurately,a quantitative analysis of perceptions. The Fechner, by means ofmathematical operations, derived his "fundamental psychophysicallaw," according to which "the intensity of the sensations grow inarithmetical proportion, while those of the stimuli grow in geometricprogression "[12] .

Whatever may others think to the contrary, we believe, and wewill give evidence that the psychophysical has great value, especiallyin the phenomena of mental imbalance, to include sensitive data, andemotional knowledge, which contribute to the formation ofperception, and measure psychic phenomena through physicalphenomena.

Of the first products already appear, quite plausible inpsychiatric: criminal psychology will make use of such studies in alarger copy, not escaping to his devotees the importance ofexperimental standards which, though often hypothetical, they tendto reach the mathematical accuracy.

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CHAPTER III.

The dynamics of the reasons.

1 Centre of psychic activity; what is meant by reason, impulse,movente.-2. Reasons sensitive, representative and ideali.-3. Whatis meant by criminal motive ; difference between the motives oflaudable actions and motives of actions riprovevoli.-4. Postulatesof reason and energy on the evolutionary stage of the reasonscriminosi.-5. The doctrine of inhibition, the basic dynamics ofconsciousness criminosa.-6. Modi waves takes the integrationprocess of the psychic energy of motivi.-7. Assimilation andfusion of motivi.-8. The addition or superposition of theintegration process of psychic motivi.-9. Emotional statecriminal.

1. -In coexistence and succession of states of consciousness is tonote the greater or lesser permanence of some center, sensory orintellectual, of activities, of which converge for pulse-affinity oranalogy, of the currents that pose the self in his countenance and itdistinguished the accidental qualities. The center of psychic activityis caused by the overlap, the previous states of consciousness, ofwhich the new element, starting with the internal currents diverge,dirizzarle ends up at a different place or opposite to that which justnow tended. The expression of psychic activity center is taken in thereal sense, because the alteration or change of consciousness for us isequivalent to the energy waves new way ego shifts its center ofgravity; should be accepted that, in the mutual attraction of internalcoefficients, gravity is produced mainly by the increased energy ofaction or reaction in the face of competing energy. The elementintegrative or disintegrative transitional states of consciousness wecall upon the reason , impulse , motive . It a ) is characterized by anenergy of its own initial, b ) is subject to the general law of causalityand the special assimilation, c ) acts or reacts on the states accordingas the previous concurrent or consecutive matches for the sameorganic inheritance, for degree of genetic activity or per unit ofconsistency.

2. -I reasons stand out, according to the plans of the successive

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states of consciousness, in psychics, representative and ideals. Thesensitive side of the reason is accidental, transitory; remains,however, of it, in progressive series of psychophysicaltransformation, something that corresponds to the degree and thenature of the energy business, and that, remaining, reproducesquantitatively the phenomena of consciousness from whence below.

More energy must be because the impulse or motive sensitiverecurrence or reproduce; which means from thinking that the reasonfor the action primitive psychic, the subject is in a state of more orless liabilities, and therefore meets lesser obstacles reactive; while,reproducing itself, it must overcome the difficulties coming fromsimilar or opposing coexisting states and the sum of reactionsinherent in the nature of the subject.

In plan the perfect reason combines the energy of all the feelingsand mental relations whence is preceded and accompanied.Transformed into an idea or concept in exercise conducted on theinfluence that the Baldwin name suggestion engine . It means-according to the psychologist said that we can not have any thoughtor feeling, whether it comes from the senses, memory, words,demeanor, or by the command of others, who does not have a directinfluence on our conduct. We can not anything to avoid the influenceof our own thoughts on our conduct, and often the most commonevents of our daily lives act as a suggestion of facts of the greatestimportance for ourselves and for others[13] .-E falls here aboutanother original observation of Baldwin; that is, that we can notperform any act without that corresponds in our mind the thought orimage or memory that leads to action. This dependence of the Act bythe thought that the spirit has at a given moment, it shows so evidentin certain cases of partial paralysis, etc.. A considerable number ofthese cases authorizes establish the general principle that for each ofthe acts, which we intend to do, we must have some particular wayof thinking about the act itself, or to remember the impression that itproduces and the form that possesses; we must have the spirit ofsomething equivalent to the experience of the movement itself. Thisprinciple is said of ' kinesthetic equivalent expression that loses itsimposing appearance when we remember that kinesthetic meansnothing if not the consciousness of movement[14] .

3. -When say why criminal mean determinant of the crime. Itfollows that the fundamental part of criminal psychology consistsprecisely in the examination of the dynamic reasons. Which did not

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escape the great Romagnosi, which assigned such a large part in thegenesis of punitive law, the doctrine of the reasons. I would, indeed,say, that the specialty of repressive discipline is the result oftheoretical and practical views around the grounds of the actions thatwe judge violators of criminal law.

Between 'reasons for actions laudable and reprehensible actionsof the reasons there has dynamic difference except for the elementswhich, in the psychic domain, they engendered and accompanied orpreceded them. These items are representative of the nature andideal; are emotional by nature and are characterized by some degreeof intensity of their developmental activities. Let us suppose, forexample, that Tom has killed Harry: the reason may be revenge orhatred. But what would explain nothing, that revenge or hatred for along show of impulsivity as, in their turn, are generated andanimated by another state of consciousness, or dynamic coefficient,which, in the made assumptions, it could be the idea and the feelingof ' offense received. It is still not enough. The offense sometimesattracts and deserves forgiveness: because in the case of Tom wasthe cause of pushing the murder? It should be noted two things: first,that any state of consciousness acts and reacts on the statesconcurrent; has a rhythm of moving equilibrium with a tendency toreach stable: the second, that the action and reaction of each state onthe other, the integration process psychic that goes with it, has at itscore the unit with the conscious ego able amount of attitudeadaptation. Who will, therefore, emotional state domestic productfrom offense, to extend the reflection on states that, in any givenmoment of our psychic life, are concomitant to it, must understandwhat account by stating the relationship intercedenti phenomenal, nopoint pretending to grasp the intimate connection and essentialhuman knowledge can not extend its power beyond the search of thecircumstances of subjective and obbiettive state of individualconsciousness, the circumstances that form the environment in themidst of which the reason and acts to which the ' I was lednecessarily to adapt. Dude, to continue the example, at the time theoffense was excited for this or that reason; in him the greater offensewas taken because it is made in the presence of persons of which hewanted to keep the estimate; in public, while for accidentalcircumstance, he was somewhat intoxicated, enhanced by previousdispleasure, and so forth.

4. -In conclusion of what has been exposed collect the followingassumptions: a ) The energy of the reason portrays the action or

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reaction of similar coexisting states of consciousness and later;increases or decreases the degree according to the individualadaptation to the circumstances favorable or unfavorable b ) Thegrounds for criminal belong to the particular stage of development ofthe member representative or ideals; their energy is due to thecomplexity of the elements with which they are in a relationship ofcausality and inheritance.

The first postulate is clear enough not to require furtherexplanation. Not so the second. It shall be deemed good when youthink about it, that stage of evolution we mean the dynamic processof integrative or disintegrative consciousness that period, short orlong, during which the change occurs in the internal states withmotorcycle equivalent initial impulse, transformed the pattern.Change or motion is determined interstate representative and ideals.As long as the reason was present, without departing from the sphereof feeling or affect, would not have a reaction if not instinctive orautomatic. We instinctively turn away his hand from the flame thatburns us, we approach to food when we are tormented by hunger. If,in such transactions, the mind does not overlook or persists the ideathat the flame burns, the food is the means to satisfy the needs of thehungry, there is no conscious actions of which we can be heldaccountable. The psychological process of evolution begins from themoment that the energy of the reason passes the threshold ofconsciousness and attention with promises physiognomy of its own,is transformed into image, more or less vivid and colorful, theoutward appearance, both arousing feelings of pleasure or pain notpreviously tried. It was the first case where the mind has had time toreproduce, or to remember or instant representation, the fact in thetotality of the circumstances determining the change, integrative ordisintegrative, conscience; which happens when the individual hasqualities suitable to impose a certain calm, using, Anco momentary,inhibitors of the powers of arrest. The change, which follows, orintegrates consciousness, procuring new state that with the previousagreements and harmonize, giving rise to more stable equilibrium; iethe disintegrates, causing a disturbance, the effect of which isaccomplished externally with criminal action. Who would want toremember the demonstration two examples. To pour fortunatecircumstances of life in a state of contentment; unexpectedly weannounced some news bearer of great consolation. The news haslearned and resubmitted to the mind with pleasant characters,whence is accompanied; it affects to increase the internal state of

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happiness, which integrates and reinforce the previous equilibriumstate of consciousness.

Let us suppose, on the contrary, that we are related some sadnews; it immediately puts the mind in turmoil and ends with theunbalance, disintegrandolo, the previous state of consciousness.

Everyone can see that in the representation, reproduction orimaginary, of the external event is accompanied by a feeling ofpleasure or pain. When, such a sense, given the intensity, is asecondary phenomenon or simply consequential of the idealrepresentation of fact, the reason I object, the change inconsciousness follows the process as normal, with series of internaltransformations perceptible; but, happening to the contrary, thehypothesis that the pleasant or painful feeling predominates withirresistible power, any reaction stop weakens or disappears, and ithappens the sudden outbreak of the action.

5. -A clarify the principles enunciated, enclosing the fundamentaltheory of the dynamics of the reasons in general, and of criminalESPECIALLY, we feel obliged to return back on the ideas expressedabout the importance to be accorded to the doctrine of inhibition,based, no doubt , the dynamic genesis of acts of consciousness moreinteresting to the study of the criminal.

Among the theories held by Lourie, and masterfully summarizedby Oddi, in a book[15] that all students of psychology shouldmeditate, inhibition around, my opinion that the most accurate is theone taught by Wundt, namely that there are separate devices for theinhibition, but there are several processes, one focus of excitement ,the 'another depression of inhibition .

Theory is based on the molecular mechanics ; on the principlethat physical aggregation (molecular) and the Association chemistry(atomic) have complete analogy as it relates to the molecular work."The nervous system-refers to the non-Oddi becomes active if it isnot irritated by some stimulus. It is therefore distinguish craftsactivity status and the state of rest. This resting state is not apparentthat, as in all cases in which it is stationary states of the movement.The atoms of these complex combinations eseguiscono ofcontinuous movements. They sortono from all sides, by the spheresof action of the atoms, to which they were tied up to that time,entering in the spheres of action of other atoms, which are equallybecome free. In other words, there are dissociations and associations;and if the outside does not appear anything, it is because these two

[28]

opposed processes compensate each other. The state of rest, then, isa state of equilibrium. The internal molecular work remains more orless constant , the external work more or less null and void . In thenerve, during the process of excitation, that is, when it is applied to astimulus, two opposing effects occur: an effect stimulant , whichappears in the form of muscle contraction, secretion, sensation, etc. .;another inhibitor , which tends to suppress the movement, to suspendthe secretion, to bring the nerve to the primitive state of equilibrium.These two effects begin in the nerve at the same time: on theprinciple predominate the effects of arrest; when the stimulus is veryweak, they may be the only manifestation of irritation, because theopposite effects do not come to express itself; if instead the stimulusis strong, the effects arrest, which grow much more slowly thanthose of non-excitement, are quickly exceeded by the latter. Thefinal effect, the result of external, is a muscular contraction or anequivalent. Referring to the mechanical data above, this means thatthe influence of the stimulus in the nerve irritating breaks theequilibrium state: the molecules and the atoms undergo a kind ofshock that prompts them to enter into new combinations. And thepressure is double, double as are the effects; and it hassimultaneously work positive and negative work, with a prevalenceof primo.-In the final analysis, and so summary, one can say that forWundt the excitatory process is the effect of the disintegration of thenervous tissue, that is the inhibition 'expression of its integration»[16] .

6. -The effectiveness of the criminal plea is not well understoodwhether, after moving the genesis known, he does not know theways of adaptation in individual or collective consciousness.

The process of integration of the psychic energy of the reasonsoccurs: a ) or by assimilation, b ) or fusion; c ) or by addition oroverlap on the energy of the previous states of consciousness.

The assimilation of why the criminal is to be understood in thesense that the individual hereditary qualities lend themselves toidentify with their own essential nature, the effectiveness of thedynamics new factor entered the field of consciousness; theadaptation that matter, accidental element, moral environmentprepared by the hereditary nature of the individual. The adaptation isdone so spontaneously when the new coefficient between the old andye shall have identity absolute; but, then, it takes some effort toallorachè internal tension between them ye shall have sole uniformity. The proclivities, or ease, and the repugnance to assimilate data

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[30]

dates feelings or ideas that are not effects of what is said, we believethat this is due to free choice, but it is hardly difficult to realize to besubject to an illusion easily explained if it reflects the effort,sometimes useless, to overcome the tendency or the strength of astate of mind in contrast with pulses that vary the attitude.

If two streams of two different rivers meet in a point and run onthe same slope, they mix smoothly and continue their journey: but, ifthe currents are in the opposite direction, before they join and losethe appearance of different direction , it is necessary that a contrastbetween them happen, a gurgle, and that together we rimescolinodepending on the prevalence of thrust or smoother surface on whicheach runs.

7. -In process of assimilation, of the reasons, we consider theadaptation to the individual hereditary nature; that of melting thefocus falls particularly on relations between intercedenti the psychicenergy of the coefficient represented by the reason and the energy ofcoefficients acquired and assimilated earlier. In the melting of thereasons the current psychic impulse to crime are so many competingforces whose resultant is the sum of organized and unified by thehardening of the individual character. The convergence of currentsoccurs for attracting quality inherited or acquired; the differencebetween them, it disappears immediately that the motion befallethpotential current and restores balance relative.

8. -L'addizione or the overlap of the integration process of thepsychological reasons arises, for the most part, in a period static egocriminal.

Or that this period is prior to the other preparation and executionof the crime, or to intercede between intermediate acts, it is certainthat it is marked by greater internal calm and involves controllingpower of reflection. In short, in the addition of the reasons, mindappear clear terms that must add to or overlap. The education and ill-contracted habits affect much overlap, character primitive andspontaneous personal tendencies or inclinations which end up havingthe upper hand and alter the internal balance; so that, given thefavorable opportunity, the state of consciousness is disturbed andundergoes the transformation that it gives some reason superveningaccidental.

Not being Once the merger of the currents of energiesoverlapping, it will be easy, by the use of inhibitory power, to sift of,in the addition, the terms to add up, and cripple those reasons,

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unrelated to the character and the individual character, riescirebberootherwise disrupt the balance and push the crime: which occurswhen, with preventive means, turn away opportunities conducive tothe emergence of feelings and passions incomposte, or to theformation of the prevailing ideas of selfish intent.

9. -The emotional side of why criminal regards to sentiment.Depending on the action of the reason the series of acts repeated inlater times, the first feeling is disgust, repulsion and has taken verylittle in the field of consciousness. Just pleasant or painful currentspass through the veil of the soul because it extends the sadimpression proven. But, if the reason is repeated and reflection warnus that could further innovate, to disgust the urge happens quicklyand somewhat intense, strengthening pel memory of the previous actrepulsive, it turns into a feeling of hatred. Start from the bottom ofconsciousness to emerge the first effort reactive; But well soonrepressed by the hope that the act does not have to be repeated andthe influence of internal emotional controstimoli. Durando the actionof reason, with a gradual attenuation weakens us in the power ofspontaneous inhibitory and creating an environment more suitablefor the germination of psychic feelings and passions of which for thefirst one did not have the example.

The internal state, which increasingly will be specializing, isqualified by a sense of constriction or depression; the ego realizes tobe under the threat of alien power and, as we endeavor to get rid ofit, he realizes that succeeds in vain. It happens the state of despair:the victim is aware that the strength of resistance begins to fail, andsorrow at the thought of the abyss that you dig soul and where theycould fall all the good intentions, the natural instincts ofrighteousness . Durando, however, the reason, from time to time thevisual field of consciousness shrinks, darkens the unconsciousdomination and seize the soul is more burdened by memories ofprevious states of happiness, by fragmentary ideas that go with rapidcourse before to the mind, showing just a corner away from bright ordark of their existence, twilight vision of the future uncertain, alteredby fantasy, made it look scary with uncertainty and mystery. Theepilogue of this psychic drama is accomplished or irresistiblereaction to the discharge of energy burst with rapid anduncontrollable acts, ie, when the action of the pattern has persisted,with weakening total controstimoli and with the onset of reactivepowers disorder.

The emotionality of the reason is quite another thing from the

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series of special emotions which, in more or less close to the firstthrust to the crime, destansi soul. In addition, the stage of thecriminal emotion, for those who want to thoroughly understand thedevelopment, needs to be examined, not only in the ordinary courseof genesis and progress, but in the singular manner, out of respect tothe categories of crimes and to the diversity of reasons able to bringan action on the same. The emotion, the sudden outbreak of crimesand tumultuous passions of anger, hatred, revenge, does not surpassthe sphere of feeling; while, in the crimes of calculation andreflection, extends far in the field of ideation. It examines the crimeof theft. The thief, in a concerted plan of action, it is animated by theidea of enriching the idea which, in its turn, is converted into itsobject or purpose of the crime. Who well reflects the dynamiccontent of the grounds of theft, you will readily realize that these aredevoid of lively impulsità of the crimes of his passionate impulse,caused by hatred or revenge. The emotional side prominently intheft, is not ideal, in the sense of intent calculated the same way asmere interest. This is the peculiar mental state which I call emotionalstate criminal ideal , dependent on unmet needs, desires alive, fromthe flattery of hope or improvement of well-being.

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CHAPTER IV.

Coenaesthesia of the criminal-physio-psychology of the reasons.

1 coenaesthesia or general feeling of criminale.-2. Ontogeny andphylogeny of the soul of criminale.-3. Insensitivity anddisvulnerabilità of criminali.-4. The eredità.-5. The childhood ofdelinquente.-6. The theory of psycho-physiological motivi.-7.Current and potential effectiveness of the reasons; concomitantsomatic characteristic of pleasure and dolore.-8. The dynamics ofreason-idea ; specification of conscience crime.

1. -Allargando and deepening the examination of the life of thepsychophysical minor criminal, we meet the problem of overallsensitivity or coenaesthesia the same. "The kinaesthetic sense-writes-Bianchi is a summary of all the feelings, which sums up theorganic personality. The information of all the organic functions, andall the work done by the organs in the different workshops of organiclife, are transmitted to the higher nerve centers. From all parts of thebody, even the less important and the most distant, is a continuousflow of nerve-waves that establish relationships between all theorgans and nerve centers. Added to these are all specific sensations,by means of which the subject experiences an endless series ofmutations to the immediate contact with the outside world, the latestresult is the gradual understanding of their own body, more and moredistinct in the environment in which they live , mercy playbackmnemonic of all the physical qualities of the medium and thechanges that the body undergoes under the influence of the agentsoperating on it "[17] .

This apparatus or organic compound, which corresponds to thepsychological equivalent neuropsiche fourth grade primary ofpsychogenesis phyletic, is the substrate of the mental life of allhigher animals, not that of the man, which, according to the 'Haeckel, "is tied to a psychic apparatus more or less complicated,and this is always composed of three main parts: the sense organsbring the various sensations; the muscles , on the other hand,determine the movements; nerves make the communication between

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the first and the last, through a central body especially the brain organglion . The layout and operation of this psychic apparatus iscommonly compared with a system of electric telegraph; nerves arethe wires, the brain is the central station, the muscles and the senseorgans are subordinate local stations. The motor nerve fibers conductcentrifugally muscle stimulation pulse or volunteers, and determinethe movement with muscle contraction; the sensitive nerve fibers, bycontrast, lead centripetally the various sensations of the peripheralsense organs to the brain, and report the impressions received fromthe external world. Ganglion cells or psychic , which make up thebody central nervous, are the most perfect of all the organic partselementary; since they not only make the communication betweenthe muscles and organs of sense, but also the highest among all thefunctions of the animal psyche, the formation of representations andthoughts and apex of the whole consciousness "[18] .

2. -The coenaesthesia of the criminal, similar to that of thenormal man, should be considered under the double aspect,ontogenetic and phylogenetic. The consequences, which we willdraw, will facilitate the task of monitoring the formation of the soulof the criminal in the early stages of integration to the last degree ofevolution of conscious external actions. Are concepts belonging tothe biology and psychology. Biology teaches us how all phenomenaof consciousness to connect to the life of the relationship with theoutside world; that the protoplasm to the higher brain function anyorganic change has exponent equal to integrative or disintegrativemodification of psychic life; that the causal link between the development biontico (individual) and the phyletic (center), thesupreme law of any biogenetic research, has the same value forpsychology, such as the morphology (Haeckel). Yea we learned thatthe feeling is not that character living beings, and that thepsicoplasma (or psychic substance in a monistic), by reflex or reflexfunction , or better, reflex action , the conscious representation andintellect, Is there not that continuous transformations of sanctionsunder the law of inheritance and adaptation. The mind, the synthesisof psychological laws, it is ultimately the other side of life and is likean organism that has its own evolutionary history and is governed byfundamental laws in its explanations common to life in general(Bianchi). The unitary conception, then, or monistic beings compelsus to conclude that the genesis cenestetica of the crime, not a naturalphenomenon, it connects to the law of continuity, or that vogliasisimply refer to the individual or psicogenia biontica, or that it

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extends to the history family history of the species.3. -The Lombroso, reflecting on the singular preference of

offenders for an operation so painful and often long and dangerousas that of the tattoo, and the great frequency of their trauma, theypersuaded a suspect in a sensitivity pain dullest of common men,precisely as happens in some insane, demented INPARTICULAR[19] . It follows from the facts observed by himfigured out, in fact, the truth of the thesis, concluding that theinsensitivity to pain remember very well that of the savage peopleswho can endure, for initiation of puberty, torture is not tolerated by awhite man[20] . To which is added a great life force that protects thetissues promptly in case of injuries or serious injury, what Benedickdesignate by the name of disvulnerabilità[21] . The same charactersare found in the sphere of moral sensitivity, due to the absence ofcompassion or cruelty in order to consume many crimes.

Physiologically, the explanation is in the genesis of pain, which,depending on progressive differentiation ontogenetic andphylogenetic pel refinement and development of the major organs ofthe senses, not that refined delicacy of altruistic feelings, thecriminal had to stop in a very low degree, index or degenerativeform or atavistic reversion to less than perfect bodies.

4. -Ontogeneticamente sensitivity depends primarily on thecriminal legacy . It is from the moment of generation of intrauterinelife and that the quality and consistency blindside evil begin tounfold. The laws of inheritance physiological and pathological applyespecially to the biogenesis of the crime. The variety of results,which often cast doubt on the truth of the general laws, depend onthe endless series of unforeseen circumstances. But the carefulinvestigation of the embryological germ crime, not neglecting any ofhereditary and atavistic elements, which they were able to influencedirectly or indirectly on the quality acquired by birth, he mustprovide many lights around the knowledge of the same quality,without which we would be faced to the inscrutable mysteries.

From the moment that life begins with identifying the cell-to-cellfertilized egg or jamb ( cytula ), the organic character of the parentsare passed on in the offspring. The question that might arise,according as we have said, by not yet know exactly all thetransformations inherent in the law of variation in novel organismsthat have emerged from the union of germs of parents: Yea but inthis we have the principle of the unity of universal life in space and

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time, not that the other variety with the substantial identity of beings.5. -From cenestetica biogenesis of the criminal spend the early

stages of development, childhood. Here you will find similarcharacters between what is observed in children and delinquency inthe wild. The improvidence, cruelty, insensitivity, the impetuosity,are distinctive childhood of the criminal and barbaric men are perfectin comparison to the level below the civilization. The nature of thispaper I pantry dall'addurre examples proving the claim, the which,moreover, were so well collected by Lombroso in the first volume ofhis delinquent Man . In conclusion, let us say, that the genealogy ofthe crime, especially in the lower forms of life, physical and mental,should never scompagnarsi by appropriate evidence with thedevelopment of the qualities of the individual criminal; the twofields of study are integrated and complement each other.

We just want to add, that the anomalies of sensibility, physical ormoral, of the child, rather than by organic constitution, depend onthe deficiency or lack of understanding of many operations causingpainful effects for themselves or for others. Many psychologistswere caught in acts of cruel appearance in children who have growninto adulthood, they gave evidence of exquisite sensitivity andaltruistic tendencies. They attributed the change, in fine, the work ofeducation and upbringing. He deceived. The insensitivity was theeffect of a state of unconsciousness or lack of foresight of the child;the opposite quality born since you bought awareness of whatamounts to produce a painful condition. Attention, faculty very slowto develop; reflection, produced by the mastery over the internalprocesses of arrest, they are playing the maximum influence on thephenomena of sensory perceptions: the absence of the rule, or beingvery weak in children, there has to wonder if this show is soinsensitive and so little pity inchinevoli for the sorrows of others.

6. -Conosciuta the coenaesthesia of the criminal, we continue thediscussion of the reasons, in respect of the physio-psychologicaltheory. We have seen that the action of reasons, our sensitivity,internal or external, obeys laws at all dynamics. They, in otherwords, that are not as many coefficients energies.

Their main law is the law of dinamogenesi , whereby each stateof consciousness tends to continuarsi in a movement. The reasonswe were divided into external and internal. They, however, as theyare efficient or coefficients of the crimes, which are not equivalent tofeelings or ideas . We will see, at the time, the differential nature of

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emotions criminal, and how effectively they have in preparing forthe crime.

For now, let's say, that the action of reasons, with the energy offeelings, svolgesi in the region of affective phenomena. Withoutclaiming that he would not be the place to make distinctions of thephenomena themselves, suffice to say, pel our intent, or that they allcause pain or of pleasure . Reduced the energy of the reasons thetwo primitive forms of our affective or emotional life, we have toresort to general laws, so those are straight, to conclude asatisfactory notions.

Pleasure and pain are the two extreme limits in which polarizesour lives. Correspond to the first all psychophysical states, they raisethe hue of functions to the rank of major success, for excess energycurrent that does not exceed the average of the need to facilitate thework and attention to be carried out without hindrance.

Correspond to the second depressive states of mental andphysical energy; are the causes difficulties for the operation,shutdown or impediment to the satisfaction of needs, the imbalancepartial or total body. Whether you Sieno internal states indifferent Ido not doubt it; but indifferent to who? Sure towards the subject thatyou do not feel, do not in themselves considered either in theircauses. The transition from one extreme to another, in any kind ofphenomenon, is marked by intermediate points. The field of view ofconsciousness has its limits quite mutable, that gain or lose a secondextension of the light reflected mental: but who can say that in thedarkest confines it lacks content; or that, below or near its threshold,may not work the energies of which we do not even suspect?

7. -I reasons or acting effectively present or effective potential .We say that the effectiveness of both current When, depends on whythe present; When, we say that potential depends on why you spentand which Serbs memory.

The actuality of reason has great importance in crimes of passionor in a rush, not so in the crimes of calculation for which the materialis the determination of the dynamic resonance pleasant or painfulmemories awakened.

Of any kind, consider the reason, as long as it was due topleasant or painful, it is accompanied by concomitant somaticcharacteristic. "Concurrent somatic-writes the Bianchi-pleasure are:increased circulation of the head without the corresponding increasein blood pressure (according to Meynert, who admits vascular

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dilatation with decreased blood pressure); volumetric expansion ofthe peripheral organs (Lehmann); elevation of the wrist; accelerationof the heart; radiant face (it says swollen with joy); increasedfeelings; speed and energy of the movement; increased depth ofinspiration, breathing rate accelerated; increase in muscle power.The pleasure is dinamogeno.-Concomitant somatic pain are:decrease in vessel caliber by contraction of the vessel walls; pallor ofthe skin to ischemia; decrease of some secretions (dry mouth, thedisappearance of milk) and the increase of some other (tears);constriction of the pulmonary vessels whence the sense ofoppression that warn all those who are under the tyranny of pain;sense of cold; atonia of voluntary muscles, hence the head bent(curved sadness, says Lange), long face; faint voice; eyes bigger(more open palpebral fissures); the pain is crippling »[22] .

8. -where a reason to turn into equivalent ideal, the affective fieldpasses into the perceptual field or representative. Determinant of theeffectiveness of direct action replaces the reflex action. Thephenomenon is very complex and I object form of further studies onthe evolution of the consciousness of crime. Confining ourselvesnow to the part at all decisive of the idea-why do not we turn awayfrom the relationship purely causal , that intercedes between thedynamics of the ideal criminal motive and the effect of imbalance ofconsciousness.

The idea, who ignores him? is itself a compound psychic. Thebasic sensory or physiological are the subjective basis; presentationsor perceptions of the outside world it preparing the material. Theforce, therefore, integral or disintegrating idea is equal to theresultant components fused together in the phenomenon of voltagedirective on the same line.

Decomposed into the elements, the idea will result in physicaland mental factors similar or unified cohesion immediate or later.But the reason why-pel idea criminal is due to imbalance, unlikewhat happens in the normal man? Because the offense is alwaysrejected with equal or greater offense by the impulsive and it is agenerous forgiveness for the virtuous man? The answer is containedin the notions held around the state of balance and mental imbalance,which is not in the laws of the dynamics of criminal reasons,according to which, the criminal, the known physical or mentalcondition is the culmination of the ' anomaly . Manca, not so muchfor another up to previous and here we keep that in mind.

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The law of cohesion in the psychic formations gives us thedegree and the countenance of each new compound. It, however, iscomplemented by the law of continuity in the psychic cohesion .More cohesion, more specification; less cohesion, less specification(Ardigò). So, given the attitudes of the criminal in most destabilizingassimilate the energies of the reasons, and to make it more consistenteffects, the state of their own that will follow, imbalance, it will bemore differentiated or specified. In the rhythm of psychic energiesfollow the line of least resistance. The fund degeneration of thecriminal, not hindering the dominance of evil tendencies, and somakes it easier to specification; which applies both to the individualpsychic formation, as for the continuity of the whole psychic life.

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CHAPTER V.

The conscious process of the crime. Stadium training.

1 Formation of natural psiche.-2. The germs evil of the crime in thedawn of life. 3 The genesis of antagonistic forces in the life ofrelazione.-4. The early period of trends in criminal fanciullo.- 5The second formative period of personality identifies thedelinquente.-6. The law of imitation in the infancy ofdelinquente.-7. The selection of organic integrative elements ofdelitto.-8. The phenomenon of sympathy and its laws-9.Influence of family and economic factors on crime; the educationand perversions of inheritance. -10. Influence of necessitysociali.-11. Degenerative effect of the suggestive criminosa.-12.Influence of sentimental reasons that act on the imagination.

1. -Our psychic life is but a succession of states ofconsciousness. From sensation to conception, volition action by theintegrative process of self that results in subsequent acts or connector cancel out or come together. The awareness of psychic life beginsfrom the moment the stimulus, dynamic coefficient acting on ourinherited tendencies or acquired, enters the field of view ofconsciousness and changes its surface.

From such time has principle psychic life with equivalentparallel to the organic functions. From such time begins the processof formation of conscience and the individual would makeperceptible the first distinctions of quality intended for moreprogress over time.

Those who wish to form accurate judgments about because ofstrong tendencies to virtuous actions or not, must, from the very firsttime, I will say embryonic psyche, do not fail to notice all the waysso the psycho-physical organism is forming, and the laws thatregulate development.

Next we age we occupied delinquency in childhood and Iresigned ourselves the similarities with the nature of the wild man.Similar analogy ontogenetic and phylogenetic, in large part, has theorigin in hereditary germs not as yet differentiated adaptation of the

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social environment; that, with the work of time, can take place veryeasily.

If desired, meanwhile, know how, since dall'indicato period, thesoul of the offender to be gradually shaping, he is necessary to turnthings back a little and, resuming the discussion of the reasons orfactors in crime, see how effective giuochino them in competitionwith all the other factors, external and internal, in giving the firstorganic content to consciousness.

2. -The indistinct form of inherited tendencies we learned, that inthe dawn of life, the evil germs of crime are convoluted in centers ofenergy in nature such as not necessarily bound by the immanence ofspecial differentiation. The inheritance, albeit that is the mainwellspring of good or evil actions by the individual, is not to beconceived under the aspect of cause fatal ; that, in so saying, hetrascurerebbero all the elements of environment and adaptation,which contribute, simultaneously or successively, to training thebody and mind. Instead, he seems more accurate to think, that thegerms hereditary or, rather, the energies which constitute the body ofthe individual, in their primitive form convoluted, giving rise to theappearance of characters that easily blend together and are easilyconvertible in the acts outward.

The inclination to do evil, altruism, charity, charities are thequalities which in practice may be done in several ways. Mal makesthe selfish, the ambitious, the delinquent; and yet you do not say thatone equals the other. In short, it is incontestable truth that the pursuitof evil, or ethical or legal, should be performed not in itself or in theorganic essence of germination, but in the early outward acts withnotes differentials.

We list, therefore, the duty to see why the child ordinarily arefound the qualities of the wild man; namely because in the early daysof our existence from the bottom of the crime rimugghi and gave thealarm in the viewer who is something.

3. -The feeling first fundamental of our life is the feeling ofexistence. Exist not only means being or living, but have a sense ofimmanent potentiality to act and get in touch with the outside world.Along with this it is a different feeling: the feeling of difficultynell'esplicarsi, namely the sense of obstacles to the properfunctioning organic. It is the contrast of the two feelings that theabove is the first form of antagonistic forces in social life; is by thesuccessive victories, carried out by the potential obstacles functional,

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which takes the form of personal progress with degrees increasinglyascendant.

By the reflex acts of the early months of life, the child, thereactive actions against any obstruction to the satisfaction of hisdesires more alive, there are examples of an automatic andinstinctive consciousness to assert the increasingly prevalence ofenergy completely personal basis of incipient life of the psyche andego identity in the midst of the incessant variety of phenomena.Among the internal relations, or internal functions and externalrelationships you establish a relationship sempreppiù constantbefalleth the environment more complex and the individual,differentiating, organizes, until he, in the midst of 'similar, assumesphysiognomy stable staff.

4. -Or, consider the child described in the early period of sociallife, and you will find, of trifling, that, if he has inherited evil germs,they will make their first appearance in stressing the reactive energytoward personal intent for nothing altruists, with the choice ofsuitable means less civil environment. In sum, in a word, the genesispsychophysics of the crime, while biologically does not stray fromthe laws of ontogeny and phylogeny, laws common to all species ofliving organisms, is reunited with the general principle of perpetualstruggle for existence, with the prevalence of the organisms mostsuited to the environment. The sense of the crime, in certain actionsmorally reprehensible and legally repressible, is the legalexplanation in the necessity of the social order: its origin mustattingersi directly to the natural laws of life and the conditionsond'essa is accompanied pel progress of 'human organism. Given thestruggle between the individual energy and energy antagonistic,there is contrast between stimuli and controstimoli, and the increasein potential is at the expense of the possibility to be addressed by thestrength of the external agents that either naturally or artificiallyaffect we.

The first and primary difference perceived by the child, toappreciate the magnitude of an action, is based on the attractivenessof feeling pleasant or painful. The obstacle, a hindrance to our work,brings sorrow; the instinctive action is to remove him. The oppositehappens with obbietti pleasant, which attract us to contendercenepossession.

The sacrifice to abstain from what they like is very rare thatexperiments in the child. The reason is because it connects to a

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shutdown process, which in the early years of life left in us. In thechild the feeling of pleasure is followed immediately by the externalimpulse: the absence of the conception of the act, the phenomenon issimply reflex and instinctive.

5. -Formatosi the first draft of the personality identifies the dataof consciousness are gradually increasing and mark the first time thedistinction in principle simply intuited then imposed by the need toadapt between the actions lawful and not lawful, or rather, betweenwhat that is achievable and what is to be respected. The impulsestowards objects or documents are held by the pleasant contrast ofcontrostimoli, of which one begins to perceive the existence; theoutside world, during the fight, is represented with more precisemode and borders; until, in the rhythm of actions and reactionsincreasing, does not begin to appear the first form of balance orimbalance.

The child, projecting beyond his personality, it absorbs energyfrom the personalities of others similar to hereditary or accidentallyacquired supervening organic changes. Hence the coefficients of thetwo powerful personal evolution or dissolution, the imitation andsympathy .

6. -Nobody writer, that I know of, has given adequate importanceto imitate which genetic coefficient of the crime, even as the mainmeans of spontaneous organization of the conscience of the offender.

The origin of imitation connects to a real phenomenon ofsuggestion , which we distinguish by the name of the drive . Everyact, even every thought, every feeling imply movement or muscularor cerebral movement that must be transmitted externally.

The telepathic phenomena, and what the daily experience teachesus, they are there to show us that in our brain centers, ideational,emotional or volitional, affect uninterrupted movements that comefrom the outside and that respond to the equivalence of energy in theprocess of transformation . Reciprocandosi, in this way, the dynamicrelationship between us and our fellow man, we end up takingmental habits, inclinations moral transmit to contact or at a distance.The imitation is the fact more complex than the reported principle. Itconnects from one side to the potential energy of the hereditaryqualities, other influences attractions of the acts or actionsconstituting the moral and civil environment in the midst of whichwe do We explain.

It's so great the influence imitative that sometimes comes to the

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force of infection. Among the infection of physical illness andinfection diseases, Is there moral yes almost close analogy that wecan, for spiegarcene the essence, suppose the microbes of vice andcrime.

Some writers, struggling with patient observations to build ascientific psychology of childhood, incorsero in default of originalways ask for one point of view; making their observations andexperiments in privileged environments, including children born andraised in civilian families with hereditary qualities normal. Benwould otherwise have to practice those who wish to formenlightened opinions on the psychology of crime, whose greatestexponent is found in the lower social funds, in areas prepared forspontaneous fertilization of the germs of evil.

It should not have any illusions: the social life, as everywhere ittakes place, is formed in layers so different from each other by notallowing even the resemblance of analogy. Thoughts, habits, actionsare so different from one to another layer social system would beerroneous to confuse the observations and inferences; believe theworst to have achieved by bringing together the scientific intent ofthe principles or canons of character entirely relative value of one-sided.

7. -The imitation to absorb, to assimilate the psychophysicalelements of the crime happens in environments suitable forspontaneous law of organic selection. The thug, or small adult, youdo not even notice infections evil of which is the victim; just thesame way the most deadly diseases in order to send us their germthat we had no awareness. During the incubation period,embryological crime scene, imitation, agevolandoci means ofcontact and reproduction of germs of evil, is the way best suited forthe transmission of energies criminal intended to cause, in taxableperson changes and impulses to future crimes.

To understand the mechanism or the statics and dynamics ofcriminal impersonation, we must remember another phenomenonrather neglected in psychology, the phenomenon of sympathy ,which does not wrongly Adam Smith founded the morale.

8. -The sympathy physiologically relates to the theory ofreflex actions; psychologically is the ability to reproduce inourselves the pleasures and pains alike; sociologically is the basis ofthe law of human solidarity; of course is only one of many ways theuniversal law of attraction. The distinctions, that the various forms of

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sympathy, especially below about the physio-pathological, did thewriters, are topics of importance generally attributed to it and theobligation that you have to take it into account that it actuallydeserves.

Barthez distinguishes the synergies from the sympathies ; Tissotsympathies active and passive ; Hunter sympathy for continuity andsympathies for contiguity. We, referring to the mechanical systemunit, say that the sympathy should be explained by the law ofattraction centers of energy and with the easiest transformation ofmovements in the streets of least resistance . So it is that sympathy,in relations with the like, is the reason really efficient imitation; asthis would not occur if intercede between similar beings suchaversion to move away from each other hopelessly. In conclusion,and bearing in mind all that is said above, we can pull the infrascrittafirst law: L ' hereditary attitude tilts action attractiveness of energysimilar to the prevalence of the power of sympathy . Everydayobservation is that similar are attracted with the like; between them,sometimes awakens a current of irresistible affinity. They are thephysical molecules social, that you attract, are unified to form thebeing virtuous or criminal: it is the immanent power of life in thevariations of forms homogeneous and heterogeneous, is theperpetuation of individuals and species selection continues inorganic and social.

The second law of obvious application to the environment of thecrime, is that sympathy with the acts mitigate the impact force ofantagonistic tendencies, by strengthening the effectiveness of thestimuli between similar energies in contact with the attention toaccustom overlook what attracts us less, with the unification of thereasons synergistic .

Who has the leisure to observe the friendship of individualsdedicated to the crime, you will see that between them everydifference of opinion or habits silent when the matter comes tohuddle in the mutual confidence of being fit to commit dates actions,and in suggestionarsi, with efforts each other, not to fear the threat ofthe law or the difficulties that hinder the perpetration of the criminaldesign. The strength of sympathy duplicates in each thrust to thecrime, as dampens or attenuates the work of the counter-pressure; aswell as gives rise to a sense of complacency for his own work, aslong as it is able pleasing others.

A third law, so that in practical observations may be useful is the

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following: Sympathy, because it affects the consciousness toorganize crime, is distinguished in individual or collective, direct orindirect; the first relates to the people with whom you haveuniformity; the second depends on the inclination to want to movepublic opinion favorably .-The influence of public opinion on thesoul of the offender is of paramount consideration. Consisting,ordinarily, the prevalence of crime in strength or cunning , port himthe flattering persuasion of the complacency of those from whom welove to be admired and admiration of the generality of men.

9. • The first source of moral degeneration is ill-formedfamily; The first factor is the remarkable statement.

Also not to accept the extreme conclusions of historicalmaterialism, which coordinates all social phenomena to the subsoilof economic relations and claims that by the expansion of theproductive energies Sieno determined the incessant conflicts, causesof changes in public or private life, he is reasonable to assume thatthe lack or deficiency of assets necessary to existence and to thediscipline of personal power owes much to contribute to the arrest ofthe progressive increase of the body's physical and moral. Theproblem, though not at all in the elements, it is very easy solution towhat happens to those who wait all the day under his own eyes.Misery is the abyss dug the noblest moral sentiments, the bestinitiatives of existence: there is darkness in which the light ofintelligence gradually turns off; is the cause of discomfort andexhaustion for the most robust and best wishes aggressive. A forcedcontact with parents idlers, bevoni, devoted to vice, the crime;among people who do not guided by reasons of selfishness; withoutcontrostimoli or examples of virtue; with the constitutional andlatent microbe of the crime, those who want to pretend acts fromhonest men so unfortunate? It should be added the work incessant,powerful prejudices, false conviction of a fictitious moral exclusive,and you will have just given of how and why the family is, in thelow social funds, the real school of demoralization and instinctsperversi.- On being asked FB, a young man of 17 years, which Idefended pel crime of murder, after two convictions for wounding,because never, without sufficient reason, at an early age he had beenguilty of serious crime yes, rispondendomi, he told me a long historycrime family, one of them of murder committed by his father whodied in prison, and concluded: "What could I do if I do not kill thefirst one that I had offended?". Defended, at different times, sixindividuals of the family DF, all for crimes of blood: the last

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insurgents to my patronage, because responsible for injury, havingbeen called up on the background of the relatives, he replied: "It is awonder ; disease is family! ... ".

The education can greatly alter the hereditary perversions, andhelp the development of good seeds, but for education, saysLombroso, does not mean the simple instructions theoretical rareYouths, adults too, so we see so little land literature, speeches , thearts such moralizing, much less the violence with which they arecaused as the hypocrites, it becomes not the vice to virtue, but a vicein another vice; but a series of impulses, reflections motions slowlyreplaced by others who were direct causes or at least as favorable tothe maintenance of depraved tendencies, and that by means ofimitation, habits gradually introduced glue coexistence amongpeople with honest and wise precautions for prevent proliferationarising in the land suitable for the fixed idea that we saw become sofatal in childhood »[23] .

10. -The second most abundant source and more likely to moraldegeneration and preparation for the crime is the environment ofsocial needs similar to the class to which each of us belongs.

The factors of human progress, are generally understood underthe common name of civilization, as they are more differentiatedelements of attitudes in the struggle for life carry the consequence ofincreasing inability to adapt to the resources they contentedthemselves with our ancestors. Indi is that, as well Féré observes, theconsumption of food, exciting, materials of every kind to beexecuted grows day by day.

"To satisfy his needs incessantly multiplied, the man isexhausted in the struggle against the elements; and to offset theeffects of this depletion he tries to call in the help of his arms weakresources of his spirit, which must compensate with manyinventions, the inadequacy of their own forces. But each new effortof adaptation, each progress of what we we call civilization, is a newcause of depletion which occurs every hour with more intensity onthe individuals most weakened. These individuals become well soonunable to continue the fight, and both succumb to general disordersof nutrition, is a more or less localized degeneration, turning intodifferent organic diseases or functional disorders with predominancetoward the weakest organ '[24] .

In the current conditions of the struggle for existence,particularly in the cities, it is especially the central nervous system

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which shall bear the costs of the work of adaptation; depletion mayresult from both physical and mental exertion. "One of the majoreffects of a nervous breakdown is the inability of the effortcontinued. It is true that for those innately healthy and well-preserved excessive work determines that a fatigue in general easilyrepairable; but if you add to this work excessive privations of everykind, it follows a breakdown deeper and more lasting, which alsofavors the descent is not individual, but still prepares morbidattitudes of the next generation. It is less because of personal effortthat because of exhaustion hereditary, the exhaustion capitalized,that the breed suffers the progressive tax degeneration and becomesless capable of productive efforts »[25] .

11. -I multiply examples of vice and criminal actions act on theconscience of the criminal organization, with the power of evocativestimuli. Nor any more doubts about the effect of suggestion indegenerative environment conducive to the germination of examplesvicious. It profoundly affects the psyche, producing perversions insensitivity and in the higher brain functions; goes so far as to entirelychange the character's personality and inclinations and needs giverise to the first unknown. The effect is equivalent to a graduallayering of feelings and ideas, to the habit of conscious orunconscious adaptations to perceive reality in a different way, tocreate psychic powers of departures from previous results withpsychophysical relations and addresses new. After some time, moreor less long, the candidate for the crime is preformed and prepared inthe experiment; do not miss the occasion, which, of course, you willnot hardly wait.

Have you ever observed that child that you, little lover for asmooth and steady employment, often likes to escape her father'sauthority and surrenders to vagrancy; good part of the day, anythingelse worried that PROVAR taste in the game, in the small vices, inthe acts of oppression, the use of bold cunning pel achieve somegoal, with foresight of the future, with neglect of any act worthy ofpraise? Follow him in subsequent years of life. He one day will rebelagainst parental authority; I schernirà advice, buy self-consciousnessself-energy of a disordered, struggling with the social restraints,anyone with the land appear as an obstacle to the satisfaction ofneeds made urgent by the uniqueness of life. The effort to overcomethe difficulties involved in the fight, resulting in an increase of thedangers of succumbing, from one moment to another, both under therepressive sanction of the law, both in the reaction of others; ends,

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however, always with the exhaust or the energy, resulting in someform of degeneration, or by transforming physically and psychicallythe subject and push hopelessly into the abyss of crime. It is the storyof uniform almost all visitors to the prison: the life of disorder ispassed to the vice; vice to crime.

12. -Not little effect must be attributed to all the sentimentalreasons that act directly on the imagination. It's amazing to sayhow strongly suggestive on public opinion and on the individualminds can artificially Practice of beliefs or morbidly awakened;feelings of misplaced compassion, false enthusiasm, anxiousexpectation, a desire imposed since the constriction of moralsupremacy. First, what is impossible even to think of since it seemspossible, but under exceptional conditions; then it is plausible datescircumstances of the facts; then it is considered safe for, indeedcertain, and ends with the possession of souls and drag them withfatally where reason would never permit it would come.

The imagination, maximally if revived by the feeling, is thefaculty of magic that transforms everything and discolor, any time inwell, almost always wrong. Who can calculate the dynamic effect onthe imagination of the poor degenerate and feeble-minded, producedby the theatricality of court dramas from the darkest colors, from themost atrocious scenes? Who is accustomed, lawyer or judge in thecourtroom and the Court of Assizes, had, oh! how many times, to seethat in front of the figure bold, fierce of a defendant or accused, thepublic minute of indifferent people, women, boys, remainedentranced, delighted. In those hours of public entertainment, in thatperiod of anxiety, morbid enjoyment of the consciousness of theaudience is so suggestive power, is so shaken that, when you get theepilogue or condemnation or absolution, many good feelings will beweakened currents of passion they took possession of consciousness,deleterious germs of future perversions have put roots: and say thatall this happens because the justice functions!

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CHAPTER VI.

The basic rules of criminal psychology.

1 is a summary of the principal truths previously svolte.-2. Norma asguide that has the knowledge of the internal relationships withexternal phenomena; Law anomaly delitto.-3. The moral orderand the shutdown process inibitorio.-4. The ' auto-suggestionengine ; law of the resulting impulse to delitto.-5. Dynamicrelationships between the logical and motivi.-6. Organic processand accidental reasons criminosi.-7. Conservation anddevelopment of psychophysical factors of delitto.-8. Law ofatypical ; anthropological type of criminale.-9. Disintegration ofthe soul of the criminal; dissolution of the mental and physicalcapabilities organica.-10. In that, psychologically, this isdissoluzione.-11. The theory degenerative delitto.-12. Theclinical phenomenology of dissolution of personalità.-13.Pursuant to ascertain the hypothesis of the evolutionary processof the criminal and the energy hypothesis intervention of somepathological condition; difference between failure and infirmity;psychological importance of the criterion of pena.-14.Ineffectiveness of scientific and practical expertisepsichiatriche.-15. Provisions of Article 46 and 47 of the PenalCode; Let them be as the rules of the experts because they fail tosee the conditions of psychic integrity required for eligibilitypenale.-16. Need pel expert, a serious crop psicologica.-17.Consist in that the method of experiment and that of observation; the address in the experimental psychological phenomena; howthey make use of the experts psichiatri.-18. Reasons ofantagonism between experts and the judiciary: the duty of theexpert psychiatrist; the duty of the psychologist and lawyer.

1. -Pervenuti at this point we feel the need to summarize thetruths that are the foundation of what will be done hereafter.

We have said that crime is a product of psychophysical activitycarried out in the action of affairs exterior. This activity is subject tocontinuity ; its process, over time, has a beginning and a series ofconsecutive acts which cease with the violation of the criminal law.That activity, subjectively taken, tends to the formation ofconscience crime; the corresponding psychic acts are resolved in the

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association of elementary facts organized and unified under the lawsof static and dynamic. The facts psychic crime would not be possiblewithout the provision of Degeneration hereditary or acquired,without the divergence ol ' removal of psychic activity from thecommon policy of social conduct. The subjective activity of thedelinquent is caused pel operation of a ' criminal energy itspecialized in the processing of the external or internal reasons, inpulses to the crime; objectively it consists in a series of physical andsocial factors that predispose external action in antagonism with theinternal process of stopping inhibitory and with controstimolireactive.

2. -Ammessa the fault of the crime, the laws that accompany thegenesis and development should govern since the elementary factorsof psychic activity; since the organization of consciousness beginswith the integration of the constitutive elements of crime.

In the series of internal relations with external phenomena, inparticular the manner in the case of knowledge of social phenomena,the rule that governs the examination and the concept is one thatdoes not depart from the constant reality of things. Surprise andconceive the reality of external phenomena val how you feel and actin the same visual field of consciousness topical static or dynamic ofwhat corresponds to the truth of obbietti taken to consider. Which,on reflection, does not occur if the anthropological conditions of thesubject are not in a state of functional equilibrium; if between themthere is no consistency of faculty and harmony of acts. Or, in thedynamics of the psychic world in relation with the outside world, thechange in the operation is done or why I object of cognition is notperceived properly due to lack of meaning, or because it isperceived, not assimilate that incorrectly. The error is related toknowledge or to affection or, why or stems from alteration ofcausation, or is produced by passionate exuberance of feeling thatdulls the mind and mislead the will. Saying upright conduct , wemean conformation of our actions to the reality of the needs Social:with the scostarci from reality not only implicitly and explicitly denythe intrinsic link between the truth of things, but we depart from theway we represent things in order .

That said, we observe that the law's main fault of the crime isinherent in the unbalanced state of consciousness in contact with theoutside world; it is concrete in the tendency to alter the actual orderof things by following the dictates of false logic. This trend, whichcombines the coefficients psychophysical degenerative, involves the

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preponderance of selfish feelings and the lack of adaptation of thereport.

3. -L'ordine moral, or harmony of duties and rights, that is notstopping the adaptation of individual tendencies within the limitsimposed by the necessities of life in common. In that arrest is placedthe foundation of ethical duty. Who can not or do not know how tounderstand it is found among foreign similar impulses in him thesatisfaction of needs without binding on the brake and the social lifetakes place through continuous better sacrifices the happiness ofothers to ensure their own. Consider the developmental stage of thecriminal soul: each step on the path of crime is marked by anaccumulation and a burst of energy; accumulation which, ultimately,does not appear otherwise than as increased ability to give outwardactions, through the work of adaptation. The psychic acts, fromsensation to volition, whether they integrate or disintegrateconsciousness, are reducible to accumulation or discharge of energy:in other words, they are the equivalent of ideas and impulses,isolated or organized in the rhythm of the life of perennial spirit.

4. -The process described here of organic selection isespecially the effect of self-suggestion engine . The life and sensoryperception, conscious addivenute, convert to internal causes ofsimilar outward acts. This leads through change-of-consciousness torenew continually the physiognomy of the personality, whileremaining substantially intact the unity. But these renovations notremain ineffective: they end up with the shake the foundations of theego and by creating natural inclinations, feelings and volitions to thefirst unknown.

In what is to report the effort endured to secure the reason so asto make it the center of the nucleus accumulative energy whichimmediate action is to change the previous states of consciousness inthe new state that is the moral environment better suited to thefurther evolution of the internal degrees psychic acts. The ways inorder to the new state of consciousness is expressed, are: a ) to quellor suppress the currents of psychic activity related to theaccumulation of energies of previous states, b ) to create novelcenters impulsivity in proportion to the pressure of the reason; c ) tonarrow or widen the field of view of consciousness within theboundaries permitted by the quantitative effectiveness of the energyaccumulated voluntarily.

The reason, albeit that it is conceived by us as abstract unity, is,

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in turn, finding the coefficients of dynamic decomposable. The ideaof the underlying offense includes many ideas; the feeling and theconcept of personal dignity violated, the injustice of the act, theconsequences of the same, and so on. "In a thought-writes Ardigo-even individual, a man, and many other psychic elements are theconstituent: as the material elements in each physical individuality.And the unity of his thought is nothing more than the phenomenonof competition accidentalissimo mental moments, which come toform it; namely, in the final analysis, the elementary sensations andtenuissimi resentments not warned and innumerable, in which eachof them resolves »[26] . The estimare the idea of offense in thelogical sense of cause or motive power to react to revenge, ignoringthe elements flows waves, it would be a serious mistake, as youwould pay in hypotheses to explain the unknown with the unknown;the unknown reason of the crime with the unknown inherent to eachelement of the inadvertent reason impulsive action.

Collecting the observations exposed and making the applicationto our discipline, we have the infrascritta law: that in the consecutiveseries of states of consciousness, for accumulation or criminaldischarge of energy, the resulting surge in crime is proportional tothe sum of the elements the psychological reason .

5. -Not enough: continuing the analysis of the elements ofreason, we consider the dynamic relationships and logic amongthem. Thus, in the idea of offense, the elements enumerated aboveare composed differently between them and the diversity draws tothe result: to ) of qualitative or quantitative difference of the pattern;b ) mode or peculiar physiognomy of the same. The dominance ofthe idea of individual dignity violated, on the remaining componentsof the idea of offense, will drag us, for example, to use a repairthrough the streets of chivalry; taking the reaction, so to speak,countenance more akin to the state of civilization in which we live.

The feeling of injustice of the act if accompanied by propermoral environment of the patient, will induce him to enlist theassistance of the law. But, given the preponderance nell'offeso,reactive energy pulse, with deficient power of arrest, you will seeimmediately the effect of immediate personal vendetta.

6. -Member elements of the reasons for crime are integratedorganic process, or accidental. The organic integration is to overlaysimilar to hereditary factors. The hereditary tendency, for example,crimes of blood will not reach immediately the extreme degree; but

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will be strengthened during the commission of offenses in a row,going from crimes of murder lesions; which, in respect of thestrength of the reasons, it tells you that the elements, so these aremade up, they acquire greater effectiveness in accordance with theprogressive integration over time.

The integration takes the form or conception and discriminationof social and physical factors, or by virtue of experience . The seriescogitative of the elements of reason, I object of knowledge, beginswith the dark vision of a world of spirit, bordering the unconscious,and extends and elevates to form more complex and evolvedthinking. As we acquire knowledge only after they conceive therenewing power of previous states: that which ratifies the law ofrelativity, according to the concept of Bain, who admits that we donot perceive an impression, do not become conscious without achange in status or d ' impression.

The process of discrimination starts since, accumulated thesupplementary material of the reason, we feel able to ask adistinction between the elements of a qualitative or quantitative. Onewho wants to give vent to anger, by making use of revenge, firstwarned in complex coefficients determining criminal action, notseeing before him that the intent of a punishment inflicted by theopponent; afterwards he distinguishes and measures the importance(quality) and effectiveness (amount) of each of these factors inrelation to the end to be achieved pel half of the crime.

The full experience discrimination, giving weight to theknowledge of the effects of the acts to be fulfilled, the representativevalue of each element of logic and reason. In that never should putthis value? The possibility Maggioro or less to create the causal linkbetween the abstract idea of motive and intent and last real crime:the possibility that, in relation to the search for evidence, it translatesinto that because logical attribution generally understood by theexpression of reason to commit a crime .

7. -Another law used here: that of conservation development ofpsychophysical factors of the crime . The development does not onlymean dynamic enhancer of the facts, or increased energy resultingpel organic compound states of consciousness; but it also meansmuch greater consistency of states already firmed.

The moral education, get used to the idea of the good, to thepractice of virtue, form the kind of honest; slow or snap action, thatis, evil, it helps to put the seeds degenerative root and grow; the

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luxuriance, which follows, is lasting effect of alteration andreconstruction of occurring states of consciousness.

In short, the criminal energy, preserving itself, does not lose thepsychic forms acquired; waves, in the extreme limit, the charactersof the different species of thugs. It is interesting to observe, inaddition to the already mentioned, that the enunciated conservationlaw is subject to a rhythm of moral qualities, which will indicate tothe principle of compensation of negative qualities . The terms mostopposed and contrary compensate with unfailing constancy.

We could draw a table almost exact to write, alongside oneanother, as opposed nature and that also occur in individuals.Shyness, for example, is compensated by the cunning; the lack ofdiscernment and reflection is compensated by large impulsivity.Observations are common practice; features not escaped the writersof criminal anthropology. But that this must refer to a law, I do notthink has been said.

8. -Avanzandoci in the process of differentiation of thecharacters of thugs, we understand that this follows another law,which, by removing individual characters from those of the commonmen, it makes us buy the more precise concept of abnormality ofeach species integrated delinquent. This law will call for the atypicalnature , just because the offender for it, differing from the type ofthe common man, it appears from this patently dissimilar. The moreatypical is perfect, as it generates the anthropological type ofcriminal.

Discuss whether this type exists or not in perfect shape, that isdistinct to the degree to be an individuality to himself, is to ignorethe relativity of human conceptions, notions scientifiche.-Criminallaw is the product of social civilization; check it so soon as theindividual relationships are transformed into collective relations, andthe idea of self-defense extends to the concept of the legal guaranty.Equal evolutionary process has suffered the idea of delinquent.Dall'inimico individual to the criminal type, Is there an indefiniteseries of atypical conceptions, which differ depending on the degreeof advancement of the concept of the right of defense, the guarantyof a private person, with respect to the physical or moral integrityand the assets, the guaranty of the relationship between 'similar andneeds arising from an advanced state of social civilization. To say,then, according to some, that the criminal represents a type to itselfand that it has a quality that will not be reflected if not insane and

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degenerate, otherwise must be understood in the sense of a being thatenclosing notes so strong as to induce it has special anthropologicalconcept.

9. -Le observations are carried out in order to facilitate themeans to study the psyche of the offender from a new point ofview.

We have endeavored to show how the coenaesthesia, or generalfeeling, at the extremes and most complex acts of consciousnesscriminal procedure is used to alternate integration and disintegration,soaking up and assimilating the evil germs and weakened the moralpowers of arrest, with a final result of functional imbalance unstable.The soul of the criminal, we have also said, is associated withspecific forms of degeneration; Wherefore he is much analogy existsbetween his acts and the acts of people suffering from morbidaffections. In fact some do not dissembled the belief that crime, afterall, is not that one of the many species of human degeneration,putting this more in evidence the pathological side of thepsychophysical state of the criminal, and confusing this with themorally insane, and with the ' epileptic psychic. We, continuing theprevious education system, we say that the morbidity of the crime isanother side of the genesis and development of psychophysicalphenomena that, since the base in purely natural laws, they can cometo assume pathological characters so that we are forced to ravvisarliunder the 'aspect of real morbid affections. The formation stage ofthe criminal psyche, in the process, I will say, ordinary, not thatgradual evolutionary transformation of energy, set in motion by thedynamics of the reasons is organized in specific istati ofconsciousness and is the cause of action for which equivalenceMorality is in the denial of the common policy informed in theprinciples of social order.

But given that the side-degenerative affections of the crime willaccentuate and yes the offender to turn in all of the subject-pathological consequence is to assist, no longer a process ofevolution of criminal energy, but at a stage of physical and mentaldissolution . Even in the crime, then, and in similar psychic states,has the force of law evolution and dissolution; universal law ofhuman inorganic, organic and superorganici, and to which we relatethe concepts of our discipline if we do not want it to separate it fromunified knowledge base address today's positive science.

There are forms of physiological and pathological forms of

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crime; the distinction serves to make us better understand thedouble-sided of the identical phenomenon, not that the greater orlesser degree of degenerative germ fundamental thereof.

Distinctions, for example, followed by yet delinquent andOpportunity born criminal or morally insane or epileptic psychic, wecan assume that the first species appears properly on the shape of thecommon physiological manifestation of criminal energy: not so thesecond species that embodied in the morbid state of apparentdissolution of the organic functionality psychophysics.

10. -In which, psychologically considered, is it ever thisdissolution?

We have said that the internal state of the normal criminal ischaracterized by imbalance functional unstable ; we have inferredthat from what precisely was born the character of anomaly of thecrime. Now, assuming the case of hereditary or acquired, which, byincreasing the degenerative effect of germs criminal, arrives ataltering the body so as to reverse or pervert completely mental andphysical functional status, you will, in consequence, that theimbalance unstable addiverrà stable and the fault will be convertedinto morbid affection .

Krafft-Ebing writes: "Among the arrested mental developmentand sales hath an intermediate group that includes the most variedforms psychopathic according to the different individuals. They, inrelation to mental illness themselves, are to be regarded as merevices of conformation, and between these and those elapses the samedifference between an anomaly of development and disease.Moreover, the relationship that these special forms, of which we areto take care, with mental illness have been shown before all else bythe fact that very often those are the basics, the premonitory period,or a state of transition to psychosis true and proper. Immense is therisk run by these individuals to lose the tenuous balance . Easily leadto this criticism situations in which they are found easily because oftheir extravagance and deficient adaptation to social life indebauchery of every kind (sexual excess, alcohol, etc..), To whichthey are individually crafted by reason of deficient development oftheir character, their asthenia nervous system and the anomaly oftheir instinctive life, and in the end because of the passions andneuroses which are one of the many manifestations of organic labewhich are branded. -Now, just for the fact that their higher mentalfunctions in part have not reached the maturity of their evolution and

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in part are molded so perverted; and also for the fact that inaccordance with what these individuals deviate from the normalpsychic development and what constitutes the normal process offormation of the psychic individuality, they may designate as thedegenerate and the fault of their existence as a psychic psychicdegeneration .-These degenerative states have points of convergenceand transition states of arrested development, inasmuch as even inthose it is, ultimately, a brain developing in this natural evolution isdisturbed by the organic causes . Furthermore, this damage to thebrain is affected not stop even further development in order to bringto effect the final idiocy or imbecility; thè fact that it allowsdevelopment to progress; this occurs only in one direction morbidlyperverted and often incompletely. This disorder of cerebralevolution, while not leading, as we said, to a real mental weakness(unless in cases in question of transitional forms), makes defectivedevelopment of higher mental functions (judgment, feelings andideas moral). While the formal process of ideation can be spared, theelaboration of the basic intuitions and universal higher, both in theorbit of moral reason and that as guide should a determined will, isincomplete and may not be even.

As a result, these individuals lack the character and spirit ofpenetration value, the duties and the importance of their existence.The psychological consequences of this are the inability to achieveand maintain a position in society; the inability to think and act withwelding energy and with safe conscience of the purpose to whichmirasi, to use the means, such as, for example, the money, to achievea high purpose in life; the inability to behave according to thedictates of morality, with the danger of having to succumb tounethical and even criminal instincts, which, moreover, for the mostpart are perverts and are felt with a power truly morbid. The publicdoes not see these individuals who vagabonds, people of lowmorality, of the profligate of offenders; the man of science, however,you found the marks of a infralimento of higher mental functions,which can sometimes have the character of a real-imbecillità. Thesedegenerative states are distinguishable from psychosis-like diseasesacquired a brain that in most cases has reached its full development,and so far it worked normally,-for the fact that promptly andpermanently the psychic functions are altered, for the upper handthat the anomalies of the higher feelings and instincts and generalcharacter take over the intellectual phenomena (imbecility, delirium,sensory illusions); But even in this respect is to warn you that

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sometimes are found shades and forms of transition for the fact thatthis fund may develop degenerative, and mo 'episode or as a terminalforms, of psychosis. So that it can be said that in these degenerativestates of the innermost psychic personality while being hit is foundin the developing world "[27] .-Ed Sergi: "Of those who speakabnormalities, those deformities, those morbid states, thosefunctional disturbances, when they meet in delinquent? of which aresymptoms? We are looking for. Or the psychic organism has neverformed, or is in dissolution; lacks the balance of functions and veryoften missing some integral element of the same psychic organism.The character or does not exist at all, or is in fragments, mixed thenew with the old layers and confusedly. The behavior becomesfragmentary and therefore unbalanced. The psychic organism, thatis, it is not normal, not normal when the physical; the abnormality ofall or part of this brings abnormality similar in that: it is a morbidcondition »[28] .

11. -The one-sidedness of the theory of degeneration of the crimemarks a phase of criminal anthropology, with names, especially, theMorel, Lucas, Ferrus, Despine, Thompson, Wilson, Nicolson,Maudsley, Féré. Just today, with the progress of the experimentalpsychology and psychiatry, the two fields of criminal, thepsychological and pathological, have their boundaries delineated. Itis therefore now possible to integrate all scientific knowledge aboutthe psyche of the offender, following the research function during allnormal or physiological and pathological stage, the stage ofdevelopment and the stage of dissolution.

12. -The clinical symptomatology of the disease states, referredto by the degenerative phase of the dissolution of the humanpersonality, is never good variety quant'altra. The inheritance matterprincipalissima, to be accepted that there Sieno entire families fatallydestined to degeneration crime. In the field of sensory function oftenverificasi an abnormal susceptibility; from the sensory side there isthe propensity to hyperesthesia, from Anco hallucinations, and anemphasis on extremely energetic and sometimes perverted(idiosyncrasy) perceptions pleasant or unpleasant; in what refers tothe vasomotor function occurs the labile equilibrium of the nervouscenters; from the side of motility are found, such as residues offunctional impairment induced by those disease processes thataffected the brain during fetal life or in infancy, nystagmus,strabismus, spastic paralysis, epileptic attacks and epileptic, etc. .; orsuch outward expressions of a convulsant responsiveness to sensory

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stimuli, the grimaces of the face, the convulsive tic, and so on(Krafft-Ebing).

In the field of design lacks coordination, coherence; There isnow a systematic time intervals, the onset of compulsive ideas,intentions or fixed overhangs, without reasons or real interest.

The emotional life is disrupted by unforeseen upsets, frommorbid excitability, which gives rise, more often than not, impulsivepassions, acts irresistible. Cotesti degenerate now, Is there the soulof calm and serene, now the storm and the hurricane: there is no safecenter of gravity of the psychic currents, lacking any moral restraint.The faculty who will suffer the most if the will, which is weak, andobeys the quick action of incidental stimuli in the form explosive; orshows imprints of so much apathy and indifference to suspect thatany personal energy Siasi off. The crime, which so frequentlydisordered crown the work of them, end up competing to provideopportunities for more rapid dissolution psychic. Life in prison,including starvation, in contact with other degenerates, which easilylend themselves to extend the example and instructions of evil,creates the environment better suited to dangerous moral contagion,traces of which remain during the next life, to disintegrate most ofthe few skills that still remained in a state of integrity.

In general, the average-intelligence-degenerate in-offenders isvery low. Many times we are deceiving appearances. We confuseintelligence with cunning, with the wisdom in the hallway of specificacts of life. Those accustomed, however, to attend the prisonpopulation, and to study it, you'll immediately notice that theaverage of criminals is suffering from obvious mental depressionand that those who show greater physical abnormalities teratologicalor atypical, are also less suitable for a 'ideational associationcoordinated or volitional acts coonestati by logical intent. "Malizia,simulation and insensitivity-writes the Marro-are the characteristicfeatures of these wretches, mostly descendants of parents alcoholics,neuropathic or disposed of. The sources of affect in them are almostdried up: the loveless family, incapable of friendship to hiscompanions, they are indifferent to the welfare, that every momentcompromise, and heedless of his own life, of which no one try toundress by suicide . Their existence marks a continuing torment forall; for families whose procure a thousand anxieties, not for thecompany that is constantly threatened by the strangeness of theirimpulses; and in prison, after weary guards and Director, are withtheir fictions and simulations to embarrass the doctor, who, while he

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discovers, is obliged to recognize the abnormality of their mentalstate and to take them into account in judgments that emits on them,not that in which it takes them about treatment »[29] . Son Cotesticharacters Significantly greater the culminating form of psychicdissolution, the form of moral insanity. This, according to theobservations made by Marro and that is correct, it is so ingrainedthat the number of offenders with crazy, strictly speaking,abbraccierebbe good portion of those who attend the prison.

13. -The psychologist criminalist, contemplating the offender inthe dual-phase, of a man whose body is characterized by specialphysical and mental abnormalities and a degenerate affected bygreater or lesser degree of dissolution, has the duty to ask thequestion: how will pose a theoretical criterion which is able enoughin practice to do well indicate when, for a finding that because of thecrime, we must have recourse to the evolutionary process of criminalenergy, and when you should be satisfied to see the morbid action ofsome pathological condition? Ben Maudsley observes, that as in allnatural facts delightsomely gradations of intelligence genius toidiocy, so again, according to natural law, the moral forcedelightsomely gradations between the supreme power of a well-constructed will and the complete absence of the moral sense. And inaddition, he adds, between crime and insanity runs an intermediateline; one side is observed little madness and a lot of perversity; theother is insignificant perversity and tyrannical madness[30] .

So, returning to what is already wrote, the imbalancepsychophysical characteristics of the offender, when you stop atsimple perceptual or functional abnormality or states ofconsciousness, we faculty to serve the common notions that are thefoundation of eligibility; then if it comes to taking on the appearanceof pathological state, the effect of morbid psychic disintegration,forcing us to resort to the expert judgment of the physician, withforecasts of a visit to a sick before rather than a thug.

But-you-add and what is the difference between failure andinfirmity? I begin by accepting what the Maudsley writes on thememo area between madness and the rule of reason, and that it ispopulated by such facts misunderstandings that puts good study. "Inour view-the consequence of such a study, although at first it seemsintended to erase all distinctions accepted, and make uncertain whatfirst appeared safe, can only succeed in real use. The dailyexperience shows us how many people, without being crazy, they

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have certain originality of thoughts, feelings, character that the fansstand out well from the common men and make them subjectremarked. It may be that these people never become or not becomecrazy, but they are descended from families in which there is eithermadness or some other nervous affection; in fact they carry in theircharacter the imprint of their unique heritage: they have a nervoustemperament particularly a certain neurosis , and certain other stillmore peculiarly insane temperament, that is to say, a neurosismattesca »[31] .

Withholding the continuity of psychophysical processes from thenormal state all'esquilibrato and the pathological, unless recourseSignificantly greater and typical cases that we do not doubt thedegree of conscious action in the commission of the crime, thecriterion to be followed in practice, I think it must , a posteriori ,attingersi a notion alien to the direct investigation of the offender,with the notion of punishment . The expert, the judge, asked tocomment on the physical and moral condition of a criminal, they areobliged, mercy combination of facts that can CONSIDER, to resolvethe question whether, in this case, in fact attributable ARECONCERNED and punishable under criminal law , or if you ARECONCERNED acts that relate to a morbid cause, lacking thequalities needed because of resorting to repressive. Assumed veryserious, as anyone can see; but that, with the use of experimentalmeans or expert, in order to have, can be achieved with much hopeof accuracy.

The criterion of worth, first enunciated, is the criterion, as well aslegal, especially psychological; because it implies that concept, andabout the individual and about society, it is pointless to resort torepressive measures in the event that the individual, unable tounderstand the effectiveness and suffer, I do not get any useful; andnow, in the contemplation of the unconsciousness of the subject,would be affected quite pity and repugnance. Indeed, thepsychological criterion it warns that the death penalty, in degeneratebeings or idiots, it is new cause of harm to the individual and dangerto society; the individual who, in the auspicious of the prison, yieldsthe result of the final dissolution of the psychic, and the companythat a species should be like, in the future, fearing further crimes. Itwill never be enough proclaimed the truth, that should rischiarar theattention of everyone on the Institution required hospitalization careof men whose exceptional nature degenerated expects from scienceand practice illuminated the remedies are ready! The repressive law,

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the punishment for them has no effect whatsoever, as well as do notagree to be of harm. The audience, which assists in the courtroom,the judge pronounces the sentence, albeit too notice the difference sothe penalty is accepted by many condemned: they call it cynicism,moral depravity! -Nobody, Or someone soon, he realizes that thepresent state of cynical indifference is caused by unconsciousness;from such deep moral obtuseness that leaves even the way to theunfortunate, to understand what happens to his surroundings. Notonce, but many times, after severe sentence, the prisoner was ledaway between curiosity and jeers from the audience: on the morrowafter 24-hours! -recatomi In prison to give a word of comfort to thepoor, who in vain I I tried to prove to the judges to be epileptic ormorally insane, he, among the dazed and apathetic, he condemns Onbeing asked what you have received it, not having anythingincluding the judgment of the court!

The prison guards, if equipped with alquanta culture and healthydiscernment, have the intimate conviction of the futility ofpunishment for most of the detainees. They know that they, inprisons, are the torment of the superiors to discipline, for them, is noreason not to brake but intemperance, of oddities, acts crazy. Manytimes, you have to get rid of or truce, assign them in clinics wherethe detainee is treated as a sick person, and has no apparent evils; is,however, the relative calm, living away from incentives to exalt, tocommit acts harmful to the people it treats.

14. -You useful to add a few other observations, which reflectmainly the way the waves are generally wont to do on psychiatricoffenders whose state of mind offering of suspected disability.Today, in general, students of psychiatry include the duty to erudirsiin studies of psychology research to practice on mental states of thesubjects assigned to them. But, oh how certain expert reports leavemuch to be desired for scientific accuracy and clarity of views! -Ordinariamente Exams are progressing rather well in finding theanthropometric measures, the relevant notes somatic, psychic life ofthe child (sensitivity, emotion, emotions, feelings); but when youswitch to higher psychic life, having a finding that way so does theconsciousness, intelligence, will, experts, psychiatrists, if you do nothave soda culture psychological incur inaccuracy and mistakes todeserve the censure of the court hearing, on the lights they provide,to decide on the eligibility of biased. The same Lombroso, who withhis last book titled "The expertise psychiatric-legal" it is proposed toassign the canons and methods to be followed in the examination of

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expert criminals, is quite limited in the psychological part. He givesa lot of emphasis on writing, pronunciation, to the measure ofemotion and vascular reflexes; to care; the visual suggestibility; theextent of the field of apperception; to memory, and anything else!Should we conclude that, to follow the dictates of the expertLombroso, well poor psychological material would have at itsdisposal those who want to solve, in individual cases, the issue ofliability.

15. -The last conclusion, which must tend the psychiatrist expertin the field of psychology, is to resolve the legal problem by statingif the fact in question exists or not punishment for the one who issomething the author, in view of his state of mind. Lest you succeedin the task, it is necessary that, prior to any other notion, the experthas the exact concept of the legal content of the art. 46 and 47 of ourPenal Code. In the first article it is said: "There is punishable by aperson who, at the time he committed the crime, he was in such astate of infirmity of mind or consciousness to take away the freedomof his own acts." The word mind , right when he wrote Zanardelli,must be understood in its broadest sense so as to include all themental faculties of man, innate and acquired, simple and compound,memory, consciousness, intelligence at will, by reason to the moralsense. The legislature, with the formula sanctioned, would not,therefore, instructed in other if a mental state is not affected by thisdisease that removes the operation of some or all of the wavesemanating faculty awareness of the act illegal act and theenhancement of the will . Who has not understood the criminalnature of what worked or to force irresistible impulse, he was not ina position to make use of the powers inhibitors, should notcriminally responsible on his work: he is a sick man, not a criminal.

The expert, using the technical knowledge, drawn frompsychiatry, has a duty, primamente, to establish the existence of adisease, mental or physical, that affects the functioning of theconscious and emotional subject; and not enough after he had donethis, he enters the exclusive domain of psychology, because it isasked to say whether and to what extent the morbid state has actedon conscious acts and free. As, or the morbid state is so severe as tocompletely disappear the criminal responsibility of the act, andtherefore responsibility, and pour in the hypothesis art. 46; or it islikely to diminish greatly the imputability, without excluding it, andpour in the hypothesis art. 47 In summary, then, the complexproblem whose solution must formar the task for the expert, say that

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they should: a ) be clearly understood the provisions of the law, onthe basis of which the court is needed to make use of his technicaljudgment; b ) to investigate whether the subject is found or not, adisease which interests her psychic functioning, c ) determine thefaculty or injured, rather, what region of the brain and which set ofpsychic acts are affected the pathological influence; d ) tell thegreater or lesser degree of illness and its influence, and ) to examinewhether that influence is poured in the field of consciousness or inthat of the will, and if it has the effect of altering, to restrict, suppressthe first , canceling the inner vision ; or even to disrupt the second soas to break down and destroy the power of the fullness of will.

Apart from the technical knowledge attenenti of the many formsof diseases that affect the sensitivity, planning, attention, emotion,personality, will, free or spontaneous explanation of the internal acts;the expert, to solve the psychological problem, namely the problemof normal or less of consciousness and will, not that the degree ofsubjective responsibility of the act forming I object imputation mustto ) have a clear and accurate psychological notions about the lawswaves are produced and carry out all internal phenomena, from thefeeling to the design, the attention to the judgment, from reflection tovolition, from the consciousness of the ego to its spontaneousexpression in the outer world, b ) to grasp the reason of true 'offending action, measure and appreciate the effectiveness dynamicsin relation to the stages of consciousness of biased, c ) put in clear,not only the logical relationship between reason and action, but itwas still functional consciousness and intention as the 'effect exertedby reason or in isolation (assumption of liability ) or in competitionwith pathological causes (hypotheses irresponsibility ), and finallyback to normal or not of psychic acts and spontaneity ( liberty ) ofthe action, or the character of necessity it .

16. -Donde the expert will draw useful knowledge and methodsto succeed in order to solve the problem concerning the mental stateof the biased, not that the conditions of responsibility for the actdone by him? The chief writers of psychology. But it is not enough;that, overall, the results of today's psychology, although admirable,are not such as to substantiate enough all practical requirements thatmust reach the expert examination. To prove the claim and why thestudy of the criminal we have the concept of the proper limits withinwhich claims must confine the expert, we allow, in fulfillment of thisChapter, to trace briefly the concepts to which must be appeal if youhave willed the scientific criteria in the field of general

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psychological culture.17. -Whatever psychic phenomenon is by its nature a process

consisting of resolvable elements. Even in this, Is there proof of afundamental law of nature, that every part is a whole and that each isthe product of all parties; Not only that, but every natural formationis the result of relative units. Thus, the first psychic elements,according to the Ardigò, are proestemi, feelings minimum, thehypothetical data not directly testable and entering the sum of eachsensation perceived by us.

Psychology, having for its object not the specific content of theexperience but the ' general experience in its immediate nature , cannot use other methods than those used in the empirical sciences, sothe statement of facts, as in the analysis and for the causalconnection of them (Wundt).

There are two methods, which include the natural sciences, the 'experiment and ' observation . L ' experiment consists, rightdefinitions of Wundt, in observation, in which the phenomena to beobserved arise and are held to the voluntary work of the observer; l 'observation , then, strictly speaking, studies the phenomena withoutsuch an intervention of the investigator, but as they appear to theobserver in the continuity of the experience.

The address experimental (and we will see to what extent) in allpsychological phenomena is an achievement of today's philosophicalpositivism.

It, not to mention that of the founders, we must above all thework of Tetens, of Weber, of Fechner, Wundt's. The experiments areperformed in laboratories are of two kinds; some relate to the extentof feeling and consideration of the representations, form part of thetask of psychophysics ; extend to other mental processes morecomplex and interesting, forming the subject of psychometrics . Thenature of my book, I resign from the pantry all practical systems thatare held to observe the laws, which govern the relationships betweenstimuli and sensations, representations of space and time; that by notmentioning that, with the use of experiments psychometric , beattained by measuring the so-called reaction time , the extension ofconsciousness and attention, and associative mnemonic processes.The Wundt claims that psychology, to the natural way in which theyarise psychic processes, it is forced to the experimental method, justas physics and physiology. He explains: "A feeling is in us underfavorable conditions for the observation, if it is aroused by an

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external stimulus; a feeling of sound, for example, by a movingexternal sound, a feeling of light from a light stimulus exterior. Therepresentation of an object is originally determined by a set alwaysmore or less complex external stimuli. If we want to study the way inwhich psychology is a representation, we can not use any othermethod to mimic this process in its natural course. In this way wehave the great advantage of being able to vary the representationsthemselves voluntarily, by varying the combinations of stimuliagents in the representation, and thus to arrive at an explanation ofthe influence that each condition has on the new product. Thememory representations are not, it is true, directly aroused byexternal sensory impressions, but follow them only after a longer orshorter period; but it is clear that even on their properties, andespecially on their relationship to the primary representationsawakened by direct impressions, one reaches the safest explanationwhen you do not have to leave their casual appearance, but itexploits the advantages of those images that are left by the stimuliearlier in a manner experimentally adjusted. Otherwise you do withfeelings and with volitional processes; us we can put them in themost suitable condition for an exact search, if our desire to producethose impressions which, according to experience, are regularlylinked to the reaction of feeling and will. There is therefore some ofthe basic psychological processes through which it is possible to usethe experimental method and also for anyone whose research thismethod is not required for logical reasons »[32] .

I dare not criticize the Wundt as he believes in the field ofgeneral psychology; perhaps some exceptions should be made forthe feelings and the will; but again, until we pour in the examinationof common mental processes, the experimental method able ofinestimable advantage. It's the same for the psychic processes ofcrime?

The experts psychiatrists use it with good results, theexamination of the lower mental life (the feeling, the emotion,apperception, memory); but what shall we say of the applicationsmade by them in the domain of intelligence or consciousness, andeven more so in proposing the intent to answer the question aboutthe psychological and legal responsibility of the biased pel offensecommitted by him? The experts, usual, believe they have fulfilledtheir duty if, with suitable instruments, have had the psychophysicaldata of the subject; convinced that acts of consciousness, intelligenceor will not be dependent on that of the physical life, or that the

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psychophysical parallelism extends not only to the processes sensoryand apperceptive, but even with all the others who make up ourmental life higher. The error is not forgivable. As the life of thespirit, in the growing evolution of conscious functions, appalesafrom grade to grade more diverse, more complex elementsprotoestematici, or from subtle and minimal sensations, to thehighest conceptions of the causal relationships between things andthe ideal aspirations of a well altruistic, there is, it is true, continuityof processes, but there is puranco yes differentiated qualitativedistinction of phenomena, which, for estimarne the inner essence, thelaws are not enough to explain the learned purely physical acts ofpsychic life lower. All is now well known, that in the acts ormanifestations of the psyche is not only to seize a sum of elementsof information, multiple quantitatively; but a unity and identity that,while supposedly composed of processes, are detached from theunderlying set of states and persist with activities and its own laws.The sensitivity, emotions, those who doubt ?, are reunited for moredynamic, with the potential of intellect and will, but another thing isthe excitement produced by passionate motive, else see the causallink between an act and the responsibility who assumes; between thechoice of any medium and the effect they achieve willed; betweenthe representation of motive to commit a crime and multiply states ofconsciousness products; between the accumulation of knowledgeand appreciation of the subjective nature of the agent and the legalconclusion to admit or exclude graduate or responsibility for theactions of which the latter was the case.

18. -The crime, warned subjectively, is a process of organizationof criminal energy. Science has its own criminal psychology. And, inthe same way that every science is solved in elementary unit in themolecule-biology, physics in the atom, the chemical in the monadethereal-criminal psychology is resolved in the grounds, which arethe smallest of the psychophysical complex phenomenon of the soulof the offender.

Has the expert culture enough to go back, analyzes petite, thereason for the determination of a criminal offense? He has a habit, tosay the ability to bring together a summary of the data collected andturn them to illuminate itself and the judge in the same resolution,the basis of all law, the criminal problem? How many times have Ifound myself in front of well-educated doctors who believe theyhave fully responded to the office of the expert psychiatrist, bystating the existence, in the person subjected to experiments, in any

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event psychopathic, concluded, definitely consider, pel total orpartial defect of the mind; for irresponsibility or forsemiresponsabilità! They, as in acrobatic exercises, made a leap offaith, and if the word of the magistrate or the defender called thempsychopathological appreciation of the reason for the crime, to thecourse of the surge some reason; and besides, the normal state ofconsciousness or transient, the degree and kind of coordinationassociation of ideas, feelings, volitions of biased; the extension of hisvisual field of consciousness, the attitude of waiting, reflecting, topredict; force majeure or less to make use of the powers inhibitors;by your face that ordinarily take the affections; the vividness of theimage, the energy of ideas; the species of ligami of social life; and,finally, to the complex of stature of the subject's mind, energy of hiswill; the experts, ordinarily, or remained uncertain and reticent, orended up confessing that this was not included in their technicalassumption. Worse, then, was the case Siasi required to the expert,what do you think, given the state of the accused psychopath, aboutthe responsibility attributed to the fact. Or you did not have thatevasive answer, that the judges were to realize that any answer wasgiven without taking point calculation, not only the state of thesubject, but of all the coefficients of the proceedings; Epper hasalways finished coll'annettere minimal importance to the judgmentof the man who is said to technical ! Hence the systematicantagonism between experts and judges. We recognize once and forall: the appraisals, as they are generally practiced, have great valuepel side exclusive pathological examination of the accused: the restbelongs to the student of psychology, belongs to the jurist want toconfuse an office with l ' another is the same as passing judgmentunilateral or point incorrect or comforted by the light of science. Thenotions expert must serve as the starting point in the appreciation ofthe mental state of the accused; them, that is, must serve to start bysaying that the act complained of can not have that disease course;while, give a ruling on the how and why of course very bow on thegenesis and stages of progress, not that the opportunity to appeal,having regard to the social defense and the danger of repetition ofthe act committed, to repressive measures, fall within the other cropthat is not the pathology or psychiatry is another way, that the onemarked by the expert that the criterion in the rear of the sentence,which later made motto, will integrate with the criterion a prioriknowledge of the intimate prevented, and so that the judge will issuehis sound judgment and enlightened.

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CHAPTER VII.

Conscious process of the crime. Stage of development.

1. -Le different classes of elements of the conscious egoconstatativi criminale.-2. Development of individual character;its importance in criminal psychology dell'infanzia.-3. Terms andways waves organizes the common consciousness and that ofdelinquente.-4. The next phase of integration of the psyche of thecriminale.-5. Examination of the emotions of crime; the differenttheoretical-6. Proceedings of the essence unitary psychic event,the monistic form the complex manifestation of pensiero.-7.Errors of James and Lange on the genesis of emozioni.-8. Natureof emotions criminose.-9. Reaction, periodicity, antagonism ofemotions: the reazione.-10. The periodicità.-11. Theantagonismo.-12. The psychological dissolution; theoreticalmechanics.

1.-The stage of development of the consciousness of crimeassumed a material, inherited and acquired, of anthropologicalfactors, physical and social crime. The ego of the delinquent isgradually shaping as a product of assimilation of the reasons that hegives to the environment in the midst of which it takes place. Theelements, therefore he combines and transforms the energies are thesame as that in the existence of every individual to contribute to thepeculiar structure differentiated to the individual conscience. Theseelements, according to the correct theory of James, can be dividedinto classes consisting respectively: a ) material ego, b ) social ego, c) ego spiritual d ) pure ego.

The thug starts with the affected, above all, the effects of theirown body, or that functions in the state of equilibrium, so to speak,physiological, or to impair the influence of pathological causes.Then he assimilates the harmful germs of vice or depravedtendencies in their own family, and in much this affects theeconomic condition of deprivation of necessary means because heraises his moral state with sufficient culture and proper education.The stated reasons are many other constituent elements of the ego

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material of the offender.They come after the social elements, those factors that emanate

from the life of relationships with the likes; so the examples of virtueor vice, that excite our tendency imitative; the influence of publicopinion with the accompanying prejudices, customs, habits,especially traditional; care, concern for maintaining the integrity ofthe good personal fame, however, and it is meant for any street youcome to conquer it.

And here we are spiritual ego, that is, the sum of the measures ofpersonal ability and to the entire value of the energy we have toestrinsecarci in the reality of life. Basically, for this verse, the ego isdeveloped through a continuous struggle of tendencies in oppositionto one another, an unbroken succession of impulses and inhibitions;in such a way that you should conclude that what constitutes theconsciousness we have of ourselves, it is essentially the feeling ofmovement accommodative , or, if you will, of the driving impulses,reflexes inhibited[33] .

The first peculiar effect, which emerges organically from thedevelopment of the ego consists criminal, is the antagonism that it isincreasingly emphasizing between the anthropological factor, theexponent of which is embodied in the open tendency of selfishness,and the factor of social order arising from controstimoli complex,natural or imposed.

The anthropological factor acting on impulsive action ; the socialrepulsive action ; the first, in the dynamic rhythm of social life, it isthe equivalent of an accelerated motion ; the second of a motiondelayed . The right and the duty is limited to each other; where theone ends and the other begins. It is not conceivable without theindividual in society that he requires of you to sacrifice somethingfor the welfare of others given the assumption that the individual isregulated by incom- impulses of selfishness, the harmony betweenthe part and the whole disappears, and in 'shock motions withopposite directions, the equilibrium is induced by an alien force,which prevents them come disastrous consequences: the indirepressive law, the function of the magistrate.

2. -From slow or accelerated antagonistic struggle between thefeelings and ideas of the offender will be guided to a fund ofselfishness, manifesting in acts of psychological imbalance, and thebrakes sanction imposed by the natural and social environment inrelation to human actions, it is assodando and developing the

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individual character. The physiognomy of the criminal becomesbetter delineated; sprouting signs of the species to which he willbelong in the future: the criminal consciousness becomes more firm,more secure; the personal self, well organized, can be said now to bean individuality in itself, can not be mistaken, for those who knowhow to observe it well, with the remaining individuality incommunion.

The criminal psychology of childhood should have targeted, inparticular, this period of development of the offender; fertile periodof useful observations, because the criminal I found no peranco theunique way of channeling (I will pass phrase) of its energy, the pathof crime, is protean and surprise you leave without difficulties inconnections with the life exterior. It will be seen, for example,suffered the bloody future, in the child, rather adult, who does,without showing to impress, acts of cruelty on animals; thatimpulsive or rebellious, runs where they call the companies of theworst; which pose bully, you turn to anger for the slightest offense,to a benevolent recall; Serbian hatred, revenge hatching, you feelhappy to sacrifice the welfare of others at one alone moment ofhappiness. He acts mobility, has shots felines; exuberant, at times,affection, can not hide the bottom selfish: passion blinds him; enticeshim, drags him to the idea itself, the humiliation of the weak, theoppressed.

3. -You be observed with Wundt, that "the individual conscienceis subject to the same external conditions that the whole set ofpsychic facts, which it is only a different expression, which servesespecially to highlight the mutual relations of the parties in order it ismade. As a substrate of the manifestations of individualconsciousness there offers an individual animal organismeverywhere; in humans and animals to him resembling the mainorgan of consciousness is the cortex of the brain, in which tissuecells and fibrosis are represented on all bodies are in relation withthe psychic processes. We can consider the general connection of theelements of the cortical brain as the physiological expression of theconnection of the psychic processes given in consciousness; and thedivision of roles at different cortical regions, such as thephysiological correlate of the numerous varieties of individualprocesses of consciousness. But certainly, in the central organ of ourbody the division of functions is still only relative; each composed ofpsychic formation always requires the cooperation of many elementsand many central regions »[34] .

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Similarly, in the conscience of the offender, organize and unifyall the germs that accumulate for degenerative atypical forms of itsfunctions to him. The anthropology will tell you that they consist inthe differential characters between the permanent fund of thecriminal and the normal man; physiology describe the abnormalfunctioning of the physical organism, so the psychic acts havespoiled the first material; psychology, prevalendosi of lightsremoved to related disciplines, will tell you how and why the crimeis the natural product of psychic conditions, the exponent of which isin the imbalance of causal states of consciousness.

4.-The germs of crime, brewing, being composed, organizing,with parallel process-being, are gradually changing from ahomogeneous forms and indistinct in heterogeneous and defined.First, the selfish tendencies are not the general index of thefunctional state of imbalance: the outward signs, in age, in differentenvironments of the offender, leaving just be a glimpse of the future;the nucleus, say, middle of each psychic formation, the color of thefeelings, gl'intenti next or remote from the life of the report, thewhole set of processes of affect, activity addimostrano the bottom ofinconsistency, of insensitivity, of immorality: the vice and crime, inthe early stages of development the soul of the criminal, merge andunify. But, if the forces are unable to reach environments change thecurrent evil germs in fermentation, the day will come when thesewill take different directions, and the ego of the criminal, organizing,we will unify and strengthen, mercy absorption and merger withtheir energy, all energies similar to the consistent inclination towardscertain species of crime. It happens, then, that all the whole psychicorganism undergoes transformation story, and, following anotherround of integrative and disintegrative process, abandon, for the lawof organic selection, the elements dissimilar to the kind of crime inprevalence and strengthened to walk the fatal descent on which it isput. The moral ideas, the feelings, the entire set of prejudices, theaccumulation of social impulses, from the religious beliefs will havestriking changes: a new world is being hollowing out, with laws andwith proper motion.

The bloodthirsty, man habit to violence, draw courage offense,revenge from strange ideas, but settled, false pretenses protection ofhonor and dignity of the individual; by feelings of morbid pride ofsupremacy; dissolute passions at play, alcoholism, sexualindulgence; the frequency of delusions of persecution; by religiousbeliefs rather inchinevoli fetishism, that the conception of the ethical

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order of sanction. He absorbed selfish ego primeggiante, abhor actsagainst the property, to commit theft; dall'abusare shy away another'sgood faith by committing fraud or deceit; Indeed, the exaggeratedself-consciousness, will impose the obligation to provide, finance,aid to those who have fallen victim of another's greed and deception.How many times In asking for a killer if you have previously givenother sentences, you will hear answer for injury to insult; but neverfor theft! Each species has its delinquent moral obligation pel isbloody essential not to stain offenses of theft: respect towards thesimilar limited to the property, not the person!

Ben else happens to scammers and thieves. The mutual fund isalways the degenerative state of imbalance. Among the first, just theobservations of the Marro prevail abnormalities pathological; inatypical they are equal to the normal, and only them somewhat inexcess of atavistic: alcoholism, is more severe than in hurters, infavor of more favorable natural terrain that is in them; not raremanifestansi mental alienation; Their characteristic feature is thesuspicion, which is found in no other class of criminals so strong andgeneral; starts to frequent propensity for gambling, greed, and thegreed of gain[35] .-The thieves, in the generic sense, are alsoalcoholics, full of religious prejudices, mentally deficient, but smartand cautious; for the more timid; subject to typical forms ofimpulsive obsessions; with lack of ethical feelings, even these, forthem, put on display, they serve as grounds for an apology, whichmeans in order to escape the responsibility given to laziness, work ispretext of disgust of right conduct; entrapment suggestive of thesuccess of the enterprise tickles them, motivates them, overcomesthem.

5. -A this stage aware of the crime belongs to the examination ofemotions criminal.

Perceptions and representations, as well as having a permanentideal content, are accompanied by sentimental tone of pleasure andpain. We have seen that the pleasure and the pain does not Sieno thatintegrative or disintegrative states of consciousness, followed by anincrease or decrease of personal energy. Emotions are internal states,which alter the general kinaesthetic sense and tend to prevent thenatural course of the currents of life and affective ideal. About theirorigin there are different theories. The first, taken from commonexperience, he admits that the emotional states of central origin andSieno at all internal: a representation, a perception, an idea arousepleasant or painful feeling that spreads and affects the organism

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producing somatic expressions. The anger, hate, love is the productof the energy of similar reasons: their physical equivalent isrepresented by concomitant vaso-motor phenomena.

The second theory, proposed by Lange and James, follows thereverse process. It argues that the physical changes resulting directlythe perception of the exciting fact, and that our sense of thosechanges, as they occur, is the emotion . James explains: "Commonsense says, we lose our fortune, we are sad, we cry; we meet a bear,are frightened and run away; we are insulted by a rival, are angryand react. The hypothesis, which we will defend here, says that suchorder accordingly is incorrect, that the one mental state is notimmediately induced the other, but that there should be firstinterpose the organic changes, and that the more rational statement is, we are sad because we cry, we are afraid because we tremble, angrybecause we react, and not that we cry, we tremble, we react becausewe are sad, scared, angry, as appropriate. If the organic changes thatdid not hold back immediately to the perception, the latter wouldonly cognitive, pale, cold, devoid of emotional color. We may in thiscase see the bear, and judge it best to flee; receive an insult anddecide to fight back, but we would not know actually feel afraid orangry '[36] .

To better elucidate his ideas, James recalls the following facts:that the objects excite organic changes through a mechanism pre-planned, or that the changes are so indefinitely numerous and subtlethat the entire body can be called a resonator that modification ofconsciousness , however slight, can put in vibration; that everyorganic manifestation, whatever it is, it is felt , acutely or obscurely,as soon as it is produced. "If we imagine some strong emotion, andthen try to abstract from the consciousness that we have of it, all thefeelings of its physical symptoms, we find that there is no residue, nomental substance so that it can consist emotion, but that thereremains cold and indifferent that a state of intellectual perception. Itis true that, although many people questioned say that theirintrospection verifies this assertion, others persist in denying it.Many still do not come to understand the question ..... disembodiedhuman emotion is a non-entity. I'm not saying that it is already acontradiction in the nature of things, or that pure spirits are doomedto a cold intellectual life; but I say that, for us , it is inconceivableemotion dissociated from all organic feel. The more intimately I Iinvestigate my moods, and the more I am persuaded that all theconditions, affections, passions that I have are really made up of

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those organic changes that ordinarily we say are their expression ortheir consequence; and more, it seems to me that if I happen tobecome anestesico throughout the body, I would be to be excludedfrom the life of the affections, harsh and tender, to lead a life purelycognitive and intellectual. Such an existence, even if it seemed likean ideal life to certain ancient sages, is too apathetic to be desired bythose who were born a few generations, after which the sensitivity isback to grace "[37] .

6. -For well appreciate the exposed theory, also supported byRibot, the French dall'alienista Sergi and G. Dumas, it is appropriateto turn things back a little and play the unitary essence, they alreadydid word of ' psychic event from lowest monistic form to the mostcomplex manifestation of thought.

The evolutionary psychological scale, from psicoplasma (orpsychic substance in a monistic) to volitional acts, runs through thestages which are as many degrees supplementary organic waste.Apart from the lower layers, we come to understand that, withrespect to the mental life of man, the basic phenomenon is therepresentation (Herbart). The major group of emotional psychicactivities especially interested because it shows immediately thedirect link with other perceptions of perceptions cerebralphysiological (pulse rate, activity of the senses, contraction muscle);therefore, it becomes clear what is not natural and untenable in thatphilosophy, which basically wants to separate psychology fromphysiology (Haeckel). The main problem, which is expected fromthose who wanted to surprise the mystery of life psychophysical wasplaced, first of all, in search of the mechanical, chemical or physical,and physiological states of consciousness; was then extended to theprimitive forms of psychic activity. The first aspect of the problem,however, is a compound, or unacknowledged or unconscious, of theold dualism that distinguished the life force from other naturalforces; worse still, the soul of brutes than dell'uomo.-Except that "themind, consciousness, is nothing more than the side subbiettivo ofvital phenomena, and therefore can not differentiate from them,unless you can ever get in front of them in a kind of antagonism, asin the end of the mechanical work is done in front of the heat, so thatone has to be finished when the other begins to be. The phenomenonof consciousness accompanies the internal changes and trophicmetagenetic of the brain, we do not anticipate nor sussegue them; soyou understand how badly within the same brain should occur otherchanges or assimilation or dissimilativi, which thought would be the

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manifestation subbiettiva. It should therefore be assumed (which isabsurd and antibiological) that the nerve centers Sieno home to twodifferent species of metabolism! "[38] .

The unitary principle psychic event (Mili, Lewes, Spencer,Lotze, Horwicz, Lippe, Haeckel, Morselli, etc..) Is summed up in thestate, with Ardigò, that those who call the metaphysical facultyactive and passive internal and external , animal and rational,affective and Volutive representative, and so on, are not finallychanged that combinations of the same elements, like so manywords, sound and different meaning, the same hill formed letters ofthe same alphabet[39] .

7. -After That said, it will be easy to infer that consists in theambiguity of James, Lange and their followers. We wanted to breakthe unity of the psychophysical phenomenon of internal emotion; wewanted to believe that what by mere chance epistemological methodcould be notified at two different times (the time when the physicaland mental) was really the product of two separate facts accordinglyrequired. The truth is, that the two moments, similar in appearance todifferent facts, are but two sides of one phenomenon, whosedynamic substrate has its equivalent in the transformed energy of theexternal or internal reason. The Lange and James, separating thecontents of perception by the tone of sentimental emotion, believethey have found the possibility of a state of coldness andindifference intellectual; the argument, namely, that the emotion isnot conceivable except as a result of organic changes. They do notrealize that the assumptions made based on the error of believingthat you really can use a cold and indifferent intellectual perception,and that it is granted to us to abstract from the emotion, all thephysical symptoms, without it you dumb substantially the essence.Every perception is never separated from one degree of dynamicequivalent: if the emotion you subtract the concomitant physicalsopprimendosene since the memory, it becomes idea; from affectivechanges in intelligence. What, then, to speak of precedence oraccordingly, if the continuity of states of consciousness the unity of asingle phenomenon for both the physiognomy of the Serbiandifferentiated process as it is conceived as the sum or composed ofelements of incorporation? The intellectual and emotionalphenomena are two branches of the same trunk, whose roots are inthe soil below profondano of reflex functions, automatic andinstinctive: comparative psychology pushes us even further, andleads us to conclude with Haeckel, that an unbroken chain of all

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grades of transition possible bringing together the original states offeeling in psicoplasma primitive single-celled protists with thesehigh evolutionary forms of human passion, which have theirheadquarters in the ganglion cells of the cerebral cortex.

8. -Passando to deal with the emotions criminal, we can onlyrepeat what elsewhere[40] wrote.

Since, as noted by the Sergi, are the various ways of business,various environmental conditions and the needs of differentcharacter animals and humans, various groups of perceptions andpsychic states, which refer to pleasures and pains associatedorganically, must have been formed; which groups are as manycenters psicorganici of different emotions and according to thespecial conditions and the composition of the organic and psychicelements together and all external causes determinatrici the sameconscious states[41] .

These groups psicorganici, emotional centers derivatives orinstinctive , considered with respect to the crime, are the real basis ofthe trends of crime; therefore the true criterion for a scientificdifferentiation of types of offenders. The emotion is the wellspring,next or remote, of human activity; it rejoin all of our actions. Data,therefore, the assumption of differentiated emotional centers, forlong integrative action of environmental factors or contingentcauses, individual activity will be directed to similar purposes to thenature of the impulses which are the manifestation, and hence thedistinctive characters types of criminals.

9. -These emotional centers obey, not that the laws of static anddynamic, Yea in ways that can collect under gl'infrascritti terms:reaction , periodicity , antagonism .

In psychic world, that similarly in the external world of matter, isdominant to the law of inertia , for which it would not be possible toproduce a phenomenon of movement without which previously wasnot imprinted the impulse which serves to determine; nor, given thatit is, you would cease if the motion is not stopped by obstacles orcontrary impulse. The consciousness, the product of processes thathave accumulated, would remain in the same condition if notcontinuous sopravvenissero reasons that produce the changes and alter the content. Hence the ' action of these reasons, whichcorresponds to an equal reaction .

10. -The periodicity of emotions is part of the great law of therhythm of motion .-The proof of the periodicity of emotions criminal

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we find it in the influence of age, social status, meteors, the ethnicelements on the production of certain crimes on the rise ordecreasing with constant statistical process. What if we go bygeneral considerations to the analysis of individual emotions, we willsee that the law has reflected unfailing and that we need, at times, toraise us to the logical criteria precious that we use in the proof of thesuccession of acts indictable and entities each.

Consider, for example, anger, who, awakened by the idea of injury received, is characteristic emotion which accompanies thecrimes impulsively. The individual, affection is something that, atfirst as it is swept away by the storm, which takes away thediscernment and pushes him to incom- acts of violence. Gradually,after that has occurred through a mime excited reaction, the releaseof stored energy, takes over the state of apparent calm; the individualis oppressed by the nightmare of the idea that has invaded theconsciousness in the oscillation between the past and the present, thethought and the feeling now able to draw the explosion, now godown to the state of slaughter, humiliation enough that anycircumstance add or remove weight to the reason why or offensiverushes straight to the action reactive, or return to calm and restorebalance.

11. -Intendo for antagonism of emotions criminal competition,simultaneous or successive, ridestatesi of current activities in theconsciousness of the offender, a sequel of the internal reason, toachieve the purpose of the crime. These currents are currentenergies, which start from the same background degenerative andthat, at one point of the field of consciousness arise and tend toprevail, each in his direction; any time merging together, or othertime trying to cancel each other or to overlap with each othermotorcycles, for opposing impulses. In the case of a merger, theemotional energy is strengthened because of coefficienze currents; inthe case of contrast, we have the following internal states: generaldisturbance of the subject, which at first hesitates to what enddirected, then as a means to get hold of choice; weakening initialemotional excitement; unstable equilibrium conditions of associativeor apperceptive; exhaustion of excitement or prevalence of a currentimpulse and the other one to action.

12. -Speaking dissolution of the psychophysics of the offender,we stopped to observe the particular form of disease or pathologicalcondition. We need to complete the treatment restringendoci, withgreater attention to the sphere of affectivity and design, in a state not

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pathological but physiological; ie during the process of disintegrativeordinary psyche of the offender, without any intervening the harmfulinfluence of some kind of disease.

The Ribot writes: "The law of dissolution, in psychology, is aregression constant which comes down from above to below, fromthe simple to the complex, the unstable to stable from less organizedto more organized: in other words, the manifestations , which is thelast date in the evolution, the first disappear; those that haveappeared the first disappear the latest. The evolution and dissolutionfollow a reverse order »[42] .

Janet, at the Congress of Psychology in Rome, played a theme onfluctuations in the level of mind , showing that the progress andregress of the mental level is not constant; that large fluctuations ofthis level have been observed for a long time in hysterics, but itwould be a mistake to suppose that normal individuals will go free.This lowering of the mental level is made up of great mentaldepression, a sense of depression, decreased self, amnesia andretrograde amnesia. The last thing learned is the first to be destroyedin lowering the mental level; and that is why what is most new, morerecently, that is the present moment, that is precisely what firstcomes to lose his interest when the spirit droops; and the firstsymptom of the weakening of mind is precisely the chasefantastically distant objects or ideas or useless, losing sight of theneed and the activity of this[43] .

Referring back a little, we give the theory more likely to beadopted. The feelings, representations, ideas, feelings, preserving thedouble rhythm of coexistence and succession, merge, organize, unifypsychic in separate compounds, which between them are inrelationships of kinship or identity. The psychic functioning, ingeneral, the equivalence in similar brain function, which does notallow the individual energies of restricted activity with chemical-physical centers in qualitatively differentiated, nor permit thelocalization of the faculty in the material sense and absolute. Thelocalization functional brain must be understood in the sense ofgreater attitude of some centers, compared to others, to awaken inthe effectiveness of given energy, or rather in ensuring that theactivity of the ego, physical or mental, takes a direction or another, ismanifested in a special way. The only real interesting is to know,that the function of the brain and the activity resulting in a lot ofenergy components, and that "a mentality is a specialty of brain

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wave, more or less extending into the cranial plot, more or lessconsists of various competitors , more or less normally spiegantesi,more or less alterantesi, for diversified conditions of the brain "[44] .

Psychically warned, the result of brain function corresponds tothe last two acts more complex, the mental and the emotional, theintelligence and will. The intelligence, unifying the product ofmental representations, is to turn a compound decomposes into theelements of ideas and apperceptions; will, thus adding the total of thecurrent energies of reasons and feelings, marks the line of thedescending curve described dall'integrarsi of the psyche, as itcorresponds to the dynamic moment in which the ego tends toproject outside and completed in external. In this ascend or descendcontinuously, in this reciprocal organization of all the partiestogether and, in this static relationship (or only subsistence ) anddynamic (or one transaction ) between the functional centers of thebrain, or between the compounds psychic, it's all the life of the ego,is the origin of the states of consciousness, evolution and dissolutionof personality; evolution when it ascends, dissolution when itdescends.

The consciousness becomes more complex, more stableaccording to best organize itself; his plans, or strata, are consolidatedas most representations become more compact.

The last compound formed is the first psychic to dissolve in thedisintegration of the personality; emotions disinterested, that drawthe highest peak of the affective life, are the first, second Ribot, todisappear in the drop-down morale. The important thing toremember though is this, that examined the dissolution is modifiedby two sets of social relationships, the order of time or quence ofstates of consciousness, and the order of the simultaneouscoexistence or competition of energies converge.

Who wants to form the rough idea of what consciousness is inthe normal state and in the state of alteration, imagine a plane liquid,under the clear sky, surrounded by green trees, mirroring the manyobjects scattered on the shore.

The sky, the trees are reflected with color, with natural forms.Even not turn your eyes around, just fix them on the surface of thewater to see and recognize the reality of existing above and around,from near and far.

The waves, which just purse, fan floating images, making them,talfiata, barely visible; other times confused, wavering, in altered

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forms, but, as long as you give him a little 'attention, as long as theyfixed most of the eye, it is easy to see the error of sense, and have theexact perception of objects riflessi.-Let us suppose someone gitti abig rock in the water. At the sound of the thud, now you see thathappening much disturbance. The light no longer expands his reflection; images of objects disappear, the currents are clouding andconfusing. If you wait any little, allowing you to return to somewhatcalm, you realize immediately that around the point of impact, wherethe crash occurred, begin to describe concentric circles, withmovements and repulsive with decreasing rate.

The liquid level is the consciousness to the normal state: itreflects the outside world in a natural shapes and colorful; theintrospective observation, the eye of the mind, which is reflected inhis field of vision, it perceives reality; the most perfect harmonyexists between the external world and the internal, between images,or representations, and were oscillating and unstable, but the contentin the rhythm of balance. To the shock of an idea that comes fromthe outside or from the bottom of sudden onset; the onslaught of afeeling, that puts it all in an uproar, the confusion of consciousnesshappens and disappears serenity and calm. Pass any time, order isrestored somewhat, but from the point where the shock occurred,follow continuous impulses, which, with centrifugal motion, evolve,accordingly discharges the stored energy can exuberant.

Let us suppose further that, instead of impact of the stone (theshock of an idea), without other cause of disturbance will be added,the water is set in motion by stormy currents which profoundly altersthe surface and disrupt the bottom : where is the most comfortable tosee reflections of external objects, where is the ebb and flow of thewaves, the succession of quiet subtle movements? And equally, ifconsciousness is deeply troubled, psychic states superimposedcrashing, the energy accumulated and homogeneous blend, are, withmotion uncompounded, furiously afloat and expand; trends, to whichthey are joined, impulsivity selfish, reproduce the upper hand at theexpense of new energy overlapping; rimugghia the bottom anddestroys, with the rise, the latest plan, the less differentiated, but themost perfect in the selection of the organic consciousness.

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CHAPTER VIII.

Psychological concept of the offender.

1 What is the delinquente.-2. The psychic product of the crime in thestage of formation, embryonic or ontogenetico.-3. The kind ofCaliban in the Tempest of Shakspeare.-4. The Thersites ofOmero.-5. Moral characteristics of offenders in formazione.-6.Integrating evolutionary abnormal delinquente.-7. Analysis ofRichard III of Shakespeare.

1. -After examined the dynamic elements of the psyche of theoffender, not that the two stages of the same consciousness, theformation stage and the stage of development, we feel compelled toaddress this demand: that is why the offender? In part, we haveresponded by analyzing the coefficients psychophysical of the crime;but you need to speak with more clarity our concept, picking up inthe last synthesis exhibited ideas.

This demand is not new, in fact dates back to the fundamentalproblem of the genesis of crime and eligibility. The responses weredissimilar; each portraying the system of ideas, so we left, andpractical intent which tended. Maudsley, the dimanda what theywere criminals, he replied: are intermediate beings between theinsane and the healthy; Albrecht: criminals are normal humanity;Lombroso: criminals are the savages of a civilized people; Sergi:criminals are degenerate; Minzloff: criminals who are not sick;Dally: criminals are not that crazy; Benedikt: criminals areneurastenici physical and moral; Féré: criminals are gl'inadatti socialenvironment; Colajanni: criminals are morally atavistic; Riccardi:criminals are less harmful[45] .

2. -All coteste answers are fairly generic and vague, for notaccommodate our request. The problem remains unsolved, theproblem of the genesis and psychic imputability of the offense.

To speak well and to get rid of misunderstandings,presceglieremo method different from that adopted so far. What wedid with the previous surveys? Nothing but, analytically, groped toreconstruct the natural formation of the soul of the offender,beginning dall'assodare the dynamic laws of the reasons crime,

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continuing with the process of evolution and integrative view ofstates of consciousness, and ending with the prospect of the statedissolution of the same, both for the effect of hereditary causes andlatent, that for effect of acquired causes and current.

Indugiamoci and reflect. The formative elements of the psychesol for convenience scientific feature in series of acts or weresimultaneous or successive; but all together they form an organicallyunified. The psychic force, resulting in the end of each state, eachattitude and production, which is not unique energy, as complex asidentified in the total operation of conscious actions.

The unity, the totality, the functionality would not be learnedfrom us if you do not estrinsecassero in acts having the value ofmany effects, which portray the characters of qualitative andquantitative due to waves emanate. The crime-designed in thesynthesis of psychic states of consciousness similarly differentiated-not that activity, whose genesis is in the nature of the subject and theaction of the stimuli, or reasons, and whose perfection is embodiedin the fact violator of the rights of others .

We have seen that such criminal activity along a first orembryonic period of training, which is known highlight the state ofthe elements that afterwards, however convoluted, to the stage ofdevelopment, they must, as a result of organic selection, tap thedegree of homogeneity and distinction. Or, after that with the use ofthe analysis we realized the dynamic coefficients of each of the twostages sovraccennati, we can, using synthetic views, to complete ourknowledge, which must, afterwards, facilitate us the way to the mostdifficult inductions and deductions practical and scientific.

In the formation stage, embryonic or ontogenetic, the psychicproduct of the crime takes the form instinctive, inherent, almostautomatic. The animabilità has unconditional dominance. Thecontrast of opposing currents follows the synchronous rhythm: theenergies are maintained in a state of latency; but, just becauseinconsistent, beyond the power of control and crash. Sometimes, if astrong stimulus will excite the discharge, reappear with bangsinstantaneous and unexpected; then, finding it difficult to blend inand assimilate with the external energies transformed back into astate of inertia accompanied by stable equilibrium.

3. -The artistic conception more perfect, that I know of, at thisstage of psychic formation of the crime, I think it's Caliban's"Tempest" by Shakespeare. Elsewhere I wrote, demonstrating in

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particular the side of the unconscious[46] ; here we will complete theexam, which will be very useful in order to concretise the exposedscientific criteria.

Caliban, deformed and savage, he was the son of the witchSicora, which for a thousand evil spells and sorcery was banishedfrom Algiers and confined in an island directed where she wasdelivered. Prospero, deprived, by his brother Antonio, the Duchy ofMilan, and his daughter Miranda was abandoned in the high seas, atthe mercy of the winds, and happened to arrive to the island ofCaliban. He was immediately stripped of possession of the island,and, as he was being stupid, half idiot, good Prospero commiserated,took the trouble to teach him to speak, and now know one thing orthe other. But, in spite of these teachings, no good could besupporting his ignoble contact: up to that, though treated humanelyand housed in the same cell of the benefactor, one day dared toattempt the honor of his daughter! The human beast woke grabimpulses of sense. Prospero he understood the nature of mud andsubjected to the lowest and degrading offices. Not a shadow ofremorse troubled soul of slave, who, to deformity of the body,hereditary degeneration, united instincts and feelings criminal,perverse nature, irresistible deep hatred against the Carpi island thatProspero, belonged to him on account of his mother Sicora.

The beauty, the innocence of Miranda would have to act withregenerative force, the soul of Caliban; but they could hear nothingof high, and the reproaches of Prospero to the filthy action, insteadof apologizing, he replied, oh, oh ... as I could! You forbade me,otherwise I would have populated the island of Calibani! "

The ongoing explosion of misunderstood anger, invectivespontaneous flowering yes on the lips of the monster, albeit that hehad threatened dire punishments, they will guess that his psyche was,however convoluted, under the action of the immanent stimuliwithout brake, not illuminated by light of truth, not comforted by thedesire for the good. The second scene of the second act is all arevelation uncompounded primitive and bestial nature of man.Caliban, with a load of wood, it moves towards the house ofProspero: you can hear the sound of thunder and the slave does notknow that uttering curses of hatred and revenge. "All infections-hesays-that the sun extracted from the stagnant waters, swamps andmarshes, fall on Prospero and convert everything in a plague. Hisspirits hear me, and yet I force the curse! "The imagination is notsupported by the aid of reason, is disturbed and it is easily prey to

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illusions balorde. Caliban believes in the great art of Prospero'smagic: he sees around him that monkeys do versacci; at other timesthey are curly and that the stan under bare feet pinning their spines;often he is all wrapped in snakes, which glue their tongues forkedthe hissing in the ears so that it BECOME crazy. He seesapproaching the jester Trinculo and, taking him by a spirit, gittasiprone on the ground, hoping not to be seen. The approaches Stefanoand Trinculo and Caliban takes him to come down from the sky. Itappealed monster very foolish, weak and credulous, and is mocked;but he resents anything and those who insult him respond with actssubdued, with honeyed words, with overtures of obedience andservitude. Transpires, nonpertanto, in everything, the vengefulinstincts of the criminal and the mention of some criminal designthat was beginning to take shape and take form in the mind. Themonster-and-quality souls degenerate lowers his dignity to want tolick its paws to Stephen; deceives him, flatters him, it attracts toitself suffering the most atrocious insults, taunts the most inhuman.Forget everything that surrounds it, do not think of revenge, toprocure the death of Prospero with horrendous murder. In that soulmonstrous, shapeless dough of degeneracy inherited from the witchSicora, the woman from 'witchcraft and' evil spells, and feelingssettled for a long adaptation of blind hatred and anger malfrenata, thecrime is drawing comes with gloomy , with details of unprecedentedferocity. The simulation, cunning, shrewd and transparent in thelanguage melato, you scovrono; the criminal, in training, he can notconceive of the difficulty of the project, does not see obstacles:Revenge materializes, and the mind, marred by light crimson blood,enjoys the prospect before him the murder scene; and recounts thedetails and soul Stefano to put them into execution. It promises toaccompany him to the hut of Prospero; will find him asleep and mayconficcargli a nail in the head!

And, as if that were not enough, he adds: "He has the habit ofsleeping after noon; then you can rip your brains out, essendoti firstseized his books; or you can with a pole fendergli the skull, ordisembowel him with a pole, or cut off the artery teacher with yourknife. Remember to first get hold of his books, which, without them,he is not a fool as I am, no longer has a spirit at his command ... Butthe most important is the beauty of his daughter; he saysincomparable; I have not seen other girls that my mother and sheSicora; but she is so superior to Sicora, such as the one that is nogreater than what is there is more small ".- Hate is such a feeling

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that, if he puts in the heart of the roots, overshadows and pervertseach pulse , even sensual, instinctive, highly passionate. The moralperversion pushes fin'anco, Caliban to persuade Stephen to thecrime, tickling him with the hope of the conquest of Miranda, thebeautiful maiden pel where the love lost thanks Prospero-It's just sobeautiful girl? -dimanda Stefano and He: Yes, my lord; 'll be awonder in your bed, I'll assure you, and give you a magnificentoffspring "-Stefano is decided:" Monster, I will kill this man; hisdaughter and I will be king and queen. " The assassins are ready tomurder; but Prospero is on notice. He is comprised of wonder fornature so wicked Caliban, "a devil, a real devil, for which educationcan do nothing; so vain, all in vain were all the pains that I tookpiteously; and as, with years older will grow, grows his bodilydeformity, so they corrupts his soul. " Avvicinasi the time to operate;Stefano, Trinculo are at the cave of Prospero, Caliban, in theintoxication of enthusiasm and joy pel crime, he exclaims: "I begyou, my king, stop. See you cost? This is the mouth of the cave:enter without noise. Perform this beautiful spell that will make youalways this island, and I, thy Caliban, lick your feet for ever. " Butthey are attacked by several spirits in the form of dogs, egged on byProspero and Ariel, pounced on the three crooks and put them toflight.

Caliban, so deformed , as Prospero says, in the moral as in thephysical , not susceptible of improvement, it stops convolutedbetween the trends of the low animality. Not the idea of truth, not thesentiment of duty han taken in that monstrous consciousness: onlythe imagination, faculty purely sensitive, sometimes opens the mindto the vision of images and things that dilettandolo, raise it to asphere somewhat higher At that moment the beast is silent and checkthe man, whose eyes appear weds horizons and ideals of beauty. "Donot be afraid-Caliban tells Stefano-island is full of sounds, noises,sweet airs, that delight fans and is not evil. Sometimes I feel athousand instruments sound in the ear rombarmi; and sometimes Ihear voices, even if I then woke up after a long sleep, they make mesleep again; then, in my dreams I seem to see the clouds open up, toshow about to fall on me the most beautiful things; and then I wokeup, I want to dream again. "

4. -Other kind of thug in training, beautifully sketched, is theThersites of Homer.

He was not a man of Troy ugliest

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Ceffo: it was one-eyed and lame, and contracted Gran hump in the chest; pointed head, and scattered Of rare hair ..........[47] .

In him the instinct of evil had stopped below the threshold ofconsciousness criminal not the crime, but the low senses of hatred,envy, and put him on display procacciavano the repugnance or thescorn of all. If the assembly of the people gather to hear the projectsof Agamemnon, and if Odysseus intervenes, along with Nestor, tourge the Greeks to continue the war, the remains of petulantThersites not croak and tomulto ago.

He hadOf indigestible scurrilous rumors the Full Cerebro, and out of season and without restraint or O pudor the vomit Against all the kings; and how to arouse laughter Infra Achivi the venia on the lip, Both the arrogant beffator was saying[48] .

The reproaches of sad for no reason, had the perverse effect ofimpulsivity: he turned to Agamemnon insults atrocious. But he wasabove repente the son of Laertes and guatandolo grim, he shouted:

An end to yourFaconde insults, ciarlator Thersites; And you, being the worst of those at Troy With the passage Atreus, thou bold and just do not give a clash of kings, nor rimenarli On that language with villane harangues, Nor return t'impacciar; thè end of these things our eyes are dim, Nor sappiam whether happy or unhappy This return riuscir it should[49] .

So saying, he strikes him with the scepter their backs andshoulders; the villain twists and tear bitterly:

Macerated with grief or fear he sat down, and sideways covering around Col off the man wiped the tears[50] .

The Achaeans rejoiced in that scene; in the midst of the gloom

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rose the rice and there were those who (interpetre the commonopinion) was saying:

Many real deeds of Ulysses saw excellent and war and counsel; But this time between the Achaeans, for god Fe 'the finest of the fine businesses, Curbing the barking of this dog Dileggiator. That yes, that arrogant passed the scrub to give bite to the royal?[51] .

5. -In offenders of similar species nor the threat of the law, northe sanction or moral or social han brake of sorts: the absolute powerof animality not yet differentiated into human tendencies, havinginsidenza in organizations in formation and to which maybe in thefuture, developing the germs of evil, contrasted the remedies of thegood, deprives the individual to regulate their actions with altruisticintent and holds tight to the hard necessity instinctive. For the same,equally for any delinquent in typical form of organic degeneration, itshould be well-suited what Thucydides puts on the lips to Diodotus,who, fighting the opinion of those who advised having to give deathto those of Mytilene, observes: "l ' man comes from his very natureto err; neither hath law designed to feel it; and in vain were foundand lavished the most cruel tortures to restrain the wicked. And he isto believe, that from ancient times they were much milderpunishments, but, not being worth a remedy to the misdeeds, elles'inacerbissero to the point of punishing with death. But, to put it in afew words, she is a foolish thing to believe that the laws or the fearof any more feel great evil man dall'errare, when vel drags anirresistible nature "[52] .

6. -The crime, stage of development, is transmuted into specificstrength of the complex individual organism. The elements, first ofspeeches, all combine together, or in part, shaping the new being,which, differentiating, took his place with the cause of socialdynamic effects disorganisers concept of ethical and legal order. Thenew personality can go all the anomalous ascending degrees ofintegration, lowest, to which the crime to the absence of hereditarycontrostimoli and deficiency of intellectual activity, represented bythe highest crime brilliant, prepared and accompanied by a retinue ofprotean guile , reflection, betrayal, danger: the danger arises biggestwaves and most urgent social obligation to prevent and punish. Iaccept the theory of natural offense devised by Garofalo, consisting

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of an elementary fact harmful feelings altruists, the piety and probity. But, in truth, similar theoretical, albeit that scientifically defensible,does not have that value purely methodical; it, merely the part of thecriminal above all emotional, psychological and physical neglectsthe remaining factors, which, by organizing themselves to inheritedtendencies or attitudes acquired, are joined in intimate individualmechanism, with equivalence and operation of special energy.

The better we shall exert that it is possible to make increasinglyclear our thinking; which we will use with some examples whichpossesses the virtue of putting an eye in living form and dramatic asscience teaches us. Nor to other subsidy we can more appropriatelyto the head that art, which, as is well demonstrated the Alimena, itgoes with science: each scientific event, for every social eventcorresponds to a parallel artistic manifestation. And this parallelismis not new, as it is inherent in human nature; that, given a problem,which, so to say, buy as much volume to fill a large part of the air webreathe, each one must absorb the one hand, and, in its turn, forwardit to others, according to the his own attitudes[53] .

We will examine Shakespeare's Richard III with the same intentand practical outcome Macbeth profitable enough so we looked thesame, the Robbers of Schiller and some of Ibsen's plays. Topenetrate into the deepest and darkest depths of the human hearthavvi driving trusts that the lights prestatici art, and who knows howto use it, make it more obvious and safe standards whose valuehighly scientific or not, in itself, good learned, or always leavesindelible traces of doubt.

7. -Iago and Richard III-writes are Alimena-offenders forexcellence in them, we would look in vain for the slightest trace ofremorse[54] .

We're not entirely agree; as if Iago weaves, amounting to a cooland clever gambler chess, pitfalls to others' happiness, for hatred andjealousy of another's size, it does not show to feel the pulse of theblind aberrant crime in him the dissolution stops at sphere of morallife.

Richard III, however, is the germ of resemblance in the greatcriminals of the tragic greek theater, especially in Aegisthus, andwas the model which was present in conceiving Francis Schiller ofthe Moor, this type of crime between the instinctive, the insane andthe 'impulsive, was famous for those who deeply understands theimportance of art and science.

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Richard III he also fund hereditary degenerative; his body, hissoul too are similar. He roughly sketched, his face is asymmetrical;is deformed, lame, ridiculous nell'incesso: knows, and dares notrimirarsi the mirror. But he knows puranco to have a great power ofevil; and, as it were given to enjoy like the others, is about to becomea villain, and abhor the frivolous pleasures. Start the infamous thuglife by killing Henry VI; then passes to the killing of his son Edwardof Wales. Jealous of his brother Clarenza, use insidiousmachinations to get him out of favor of the king and in close prison.His demonic soul is all obvious from the beginning of the dramaticaction: Shakspeare, presenting it whole in its monstrosity, get thedesired effect, hitting the imagination and excite the reflection tosink into the abyss of the mysteries of the human heart.

We are at the scene of the first act II: you see a funeral cortegearrive; the body of King Henry VI is brought in a coffin discovered.Lady Anna, in mourning, and accompanies him, shedding bittertears, remembering him mourns her husband Eduardo fell victim tothe same murderous hand of Richard. He is approaching and ordersthat the coffin is placed: Anna scolded him, insults him, reminds himof the double murder of Henry and Edward; at first he denies it, thenadmits with revolting cynicism. To remember, made by Anna, thevirtue of the groom, answered with scorn, at first it was all the moreworthy of the King of heaven who owns it; and afterwards: thankfulI have to have it sent to heaven, he was more suited to that place tothe ground! Anna more it hurts and curses him; but here somethinghappened that really surprised if the science was not there to help.The criminal energy is highly suggestive: proves it to the psychologyof meneurs , rulers of the crowd delinquent; shows him theexperience of the great villains of irresistible charm in arousing allforms of passion in the soul of the people who were in contact withthem: Musolino conqueror of protection, sympathy and love forwomen of all walks of life is something recent example . Well doneto Richard istesso: the presence of a coffin, he dares groped the heartof Anna; she, at first surprised, then reluctant, ultimately doubting,and ends up giving up giving a promise that was the hope of afavorable condescension. I wonder if Richard: What! -he Says-I thatkilled the husband and father, to find it in the heat of his hatred,curses hill to the mouth, tears in her eyes, next to the witness thatexcited his bloody revenge, and in spite of the sky, of his conscienceand the coffin ..... I, without any friend who secondasse my prayers,without Another benefit that hell and my looks evil , win it? Yes, the

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game world to nothing, she is mine "[55] .

The interview with Margaret[56] , the unhappy widow of HenryVI, is marked by a sense of irony and ridicule, index of moralinsensitivity of the murderer; also the feeling of gratitude is put inderision. Left alone, Richard confesses to himself his own faults, thesecret sorrows which was ordendo and that he posed to the incomeof others. It Clarenza put in jail, and he mourns, he said, beforemany fools, what Stanley, Hastings and Buckingham, arguing thatthe queen and her family inveleniscano the king against his brother."This they believe, and so I urge you to take revenge on Riverys andGrey; Except that then I moan and with a piece of writing I tell themthat God requires us to do good for evil. So it is that I cuopro myperfidy with the mantle of that ancient and weird morality, takenfrom the sacred books, and rassembro a saint When, recite parts ofthe devil! "[57] . When, it comes to settle criminal energy, convertingpower in specific poses whole consciousness, giving the effect onthe feelings, ideas, beliefs, the intentions: the seriousness of themoral controstimoli, losing any value, is a source of ridicule;precisely because, having ethics sanction in the best attitudes of menintent to comply with the order, if you lack these skills, the bettersacrifices that others face their own welfare for the others, has nomeaning; waves ironic sympathy for actions which inform illusionsof weak minds and overcome prejudices.

The scoff and make mockery of the beliefs, habits, prefers thatothers in fulfillment of moral and religious duty or who havealtruistic purposes, it is a sign of shaky ethical conscience andinclinations ill-suited to works commendable. The delinquencyraises the worship of their gods on the altars which drove Financorespect to the memory of the moral contrast perennial, never ceases, between his works and the feelings and ideas of common men orincentive to hide under the mask of cunning and simulation, theinterior perversion, or, if you do not fear the threats of theimmanence of law, it is a source of ridicule and mockery that nowshines evident in the jargon used by 'evildoers, it is now perpetuatedin signs and figures strange tattoo. Who practice with great criminalsknow how skepticism has surrounded their conduct in every act oflife. Musolino play showed the indictment of the prosecutor; P.,famous in a criminal of my province, many, many times in recidivistcrimes of blood, which I defended, I confessed to not knowing howto even convince the judges why qualificassero for his actions

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reprehensible, as he had done that no one would know and could notdo, as powerless to do so! -The evil has great resources in theconsciousness of his own power as the best way to combat it is todiminish the lure and hopes that this power are the ordinary retinue;but this becomes impossible as long as the company does notreplace, and we will see the why and the how, the only sanction ofpunishment, other means which, in certain eventualities, slashing theevil attacking the roots.

Richard-the slope of the crime-not even hear the doubt to a haltand he calls himself a two thugs he commits a mandate to kill thepoor Clarenza. The dialogue between the 'three criminals, goesquick, strong; the idea of the crime ignites increasingly mandatingand assassins: Richard, firing them, he says: "Your eyes pourlightning when those fools spreading plant. I love you, boys; worksoon; ite, ite, hurry »[58] .

Clarenza was slain, nor Richard is content with his death; he felthimself so sunk in the blood that a crime was to richiamar another.Nor is it a wonder; him to the crime was the product of spontaneousmoral fiber sortie from the cradle, not affected by age or education.The Duchess of York, his mother, says, "No, by the holy cross, you you know that you came to earth to make the earth my hell. Yourbirth was a painful burden for me, grim and stubborn was yourchildhood; your teenage violent, wild, frantic; youth disheveled,greedy, reckless. Mature age you became proud, smart, covert,bloody, less proud, but more dangerous, as caressing hated "[59] .

Allied with Buckingham, sad and submissive adviser, Richarddoes kill those who could obstruct the aims of assorgere to thethrone, Rivers, Grey, Waugan, Hastings fearing to face theresponsibility to ensure reprehensible conduct, before publicopinion, which is complicit they misrepresent the news, itcoonestano events. Malleable, simulator and dissembler at the sametime, while meditating the death of the rightful heir to the throne,surrounded himself with religious, bows his head with the humbleand contrite man laying pitiful. Prayed at his instance-and stress-toaccept the throne of England, he apologizes, resignation; apparentlyforced, fully agree. Anna, the widow of murdered man Eduardo, isdrawn to the promise of reaching his wife: she, among the sadmemories of the past and the curses, which erupt vehement in hismouth, however are subject to the striking effect of the honeyedwords of him, and yields, and knowing that 'hates on account of his

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father, Warwick, and that she must soon dissolve. Ascended thethrone, he resorts to the hand of the assassin Tyrrel to slay the sonsof his brother, calunniandoli for bastards kills his wife Anna, tomarry the daughter of his brother; suspicious of Buckingham, denieshim the prize of cooperation in many works of wickedness. Herebels, but arrested is put to death.

The drama of blood proceeds at the end: an army, led byRichmond, advances against the infamous usurper; he is preparing toresist, but he feels he learns the business. The soul of the criminal,after rising to be the apex of the curse, begins to break under theweight of its own ambition fulfilled. While pel not regret the past, not a furrow of remorse lasciavan behind him the inhuman crimes,the team morale of Richard, the first shock of imminent danger, isshattered, and from the bottom of the mysterious darkness insidecomes out cumulation of controstimoli moral, whose strength hadbeen repressed by the overlying layer of degenerate awareness andbalance. The imagination, disturbed by the onset of morbid feelings,spreads a sad light on dark soul: they fall flattery, the daring hopes,and that heart desert looms menacingly doubt. The ego,consciousness, lose their balance; energy disorganize, and the manfrom the cold skepticism is in the throes of bubbling uncompoundedfears and concerns expressed in a true access of delirium. Amend toread the soliloquy in the tent, ere the battle, after the appearance in adream of the spectra of the people massacred, and you will have apage of deep psychology of the stage of dissolution of the soul of thecriminal. In the first moment of surprise, Is there unusualrepresentations: the idea of unexpected misfortune, exercising strongand sudden shock on the structure of consciousness, excite the agonyof remorse: Riccardo says: Give me another horse ... and bandagedmy wounds .. ., have mercy, Jesus! ... Silence, I only dreamed guiltyconscience-Oh, how I heartbreaks! ... Lamps send blue rays ... It isthe dead hour of midnight ... Cold drops squeezed from terror are onmy trembling flesh "[60] .

The ego, disjointed, splits and promises to mind personeggiato indual image: the two consciousnesses for a moment buy the oppositehomogeneity; the prevalence of dynamic contrast is accentuated inthe antagonism of memories of the past and present reality, and,perdutosi the brake, ideas, feelings are held with the escape of thetumultuous delusional. "What! I'm afraid I myself? Here there is noother; Richard loves Richard; I, well I am here ... It's somemurderer? No; Yes ...; I am, .. then you flee ... What! From myself?

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Effective motive ... How? ... For fear of my vengeance ... Oh? Me,over me? Alas, I love myself "[61] .-Finally, in the whirl of the mind,consciousness regains some balance unstable integrates the past withthe present and the man, judging himself the same, it prevails, inpart, of its energy and collapsed under the weight of a realityconcealed by the force of habitual dissimulation.

"Because? For some well I myself have done to myself? No,wretch, I abhor rather ree works designed by me. I am a scoundrel ...No, the chin, this is not ... Foolish, of 'well of you ... Foolish, do notflatter. My conscience has a thousand languages, and each of themhas its own tale, and every tale condemns me for a villain. Perjury,perjury, in the highest degree; murder, cruel murder, in all itscruelty; all the crimes, all practiced in their various forms, arecrowded at the bar shouting: Guilty! guilty! I might despair ... "[62] .-the isolation of the soul brings despair; ambition, lost the halo ofinner resources, cut down before it falls to a minimum obstacle; theannihilation of the spirit, the last term of dissolution affective,paralyzes the strength of will and soul goes out in the painful regretof a pity that you know they do not deserve. "Nobody loves me, andif I die, no one will regret ..... In effect, why would they? Since Imyself do not find in me no mercy for me ... I thought that the soulsof all those who have slain were in my tent and everyone threatenedto morrow vengeance on the head of Richard "[63] .

Passed the stormy wave of rimordente delirium, returns, with thecalm of the spirit, the callousness, skepticism. In Richard thecriminal psyche is, as we said, solidly organized; the propensity tocrime has the source in pride, hoping to satisfy the unbridledambition of a kingdom. So do not miss the tenacity of businesses, thecourage to execute them. Rei and purposes, albeit that sometimesimpulsive, are based on beliefs, that have completely changed theinterior moral environment. The fortress of purpose and temperingstrong character evolved pel criminal contempt are supported by theguiding principles of the common duct; he feels to play as a forcethat is an exception among the like, and he boasts and possible stepsto preserve the dignity, halo of light to dark and sad omen. "Theconscience-he says-that is the word cowards adoprano, invented tokeep the strong in comparison; our gnarled arms are our conscience;our swords are our law "[64] .

Francis Moor, surprised the extreme danger in succumbing todell'imperversare victim of furious enemies, shakes, despair ends

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with suicide. In the physical degeneration he had the upper hand onthe moral tendencies; Epper, the face of danger, courage failed, togive place to the extreme benefit of mind weak and desperate,suicide. Richard, for exuberant combativeness, is in itself the leverof courage and boldness; battle and falls on the battlefield, meetingthe end worthy of a very different fate!

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CHAPTER IX.

The dynamics of the criminal psyche.

1 Effectiveness of genetic motivo.-2. The psychology of ideas forces; additional stages of consciousness routes from motivo.-3. Stageof discernment of motivo.-4. Stadium representation pleasant orpainful; consequences of the two stages described in the psychiclife of the offender; events instinctive; mechanism of attentioncriminosa.-5. The doctrine of knowledge and the problem of thedynamic content of thought; the unity of law in nature, inthought, in history; criminal acts such as energy nell'atteggiareotherwise the psiche.-6. Influence of imagination or fantasy inthe mental process of the offender, -7. Analysis of that influence,especially in delinquent epilepticus and in that affettivo.-8. Thelaw of similarity and the law of contiguity in time and space ,and the dynamics of the psyche criminosa.-9. The psychicdynamics of the offender in the acts of volere.-10. The state ofanxiety will result in the polarization of the criminal; psychologyof the emotion of fear; difference between the spontaneous actand volontario.-11. The oscillations of the will and itsmechanical process-cerebrale.-12. The acts alternating orintermittent actions of reasons have appeared; example of Alfieriin ' Agamemnon .

1. -The reason, as it was conceived by us, is the primordial givenmental or psychic life. It, albeit that is learned in isolation, does notremain detached from the series of the earlier acts of consciousness;but merges and integrates with them. "In the cosmos an individual'smental-writes the data again pensive Ardigò-emerge and areemerging and how things are in the material cosmos universe. Herefor a given plant, for example, you have to think, that the seed, soshe was born, is the sum of an infinite series of actions exerted byreducing it to its species; and you have to think that the developmentof the seed itself requires action on it of the soil, water, air, heat,light, acting as their power is determined by the totality of allexistences; and you have to think, that the same is to be said for thecontinuity of existence as an individual vegetating, which, as such, isaffected by what happens in the more distant, until the infinitely

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distant. It is likewise a thinking mind in the cosmos. Nascendovi,contribute as much or as all others do emerge as clear; standovi,there are isolated, but with the accompaniment, even with support,for what appears to be, of all psychicness already prepared "[65] .

Apart from the question of whether the representations Sienosource primitive or derived in the dynamics of the psyche, it iscertain that mental phenomena are in themselves appetites , which,disgruntled or favored, are accompanied by pleasant or painfulsensations; in consequence, they are the actions and reactions(Fouillée).

When, we speak of reason, we must extend the dynamicefficiency in the whole series of psychic acts, all of which, on apermanent or interim basis, focuses on quality organicpsychophysical fundamentals, inherited or acquired, of theindividual.

It's great illusion to consider, in the psychic product of the crime,the dynamic coefficients in a separate and formants, each by itself,the logical content of the action; hence the erroneous systemcertainly use this or that motive, or factor, moral, ethnic, social andeconomic, to explain why the crime.

The reason is energy, it is business, it is action: from thesensation, perception or representation up to the will that there arestages of transformation and integration of the initial energy; istherefore that the design to efficiently convert ends up in the final.The psychology of ideas-forces carried out by Fouillée I think it hasthe same foundation of the concepts set forth herein: for it mentalstates must have effective internal and external indivisible by reasonof the unity of the physical and moral. The principle from which partof the psychology of ideas forces is the following, which sets theunit of mental composition, "Every fact of consciousness isconstituted by a process of three inseparable terms: 1 or discernmentwhatsoever, which makes yes that be feel his change of status, andso is the germ of feeling and intelligence; 2 or a club or discomfortwhatsoever, for deaf vogliasi, but that makes the being is notindifferent to his change; 3 or a reaction whatsoever, which is thegerm of preference and choice, which is to say dell'appetizione.When this process indivisibly sensory, emotional and appetitive,comes to reflect on itself and constitute a form of distinctconsciousness, we will appeal, in the Cartesian sense or Spinoza, anidea , that is to say, a discernment of an inseparable preference "[66] .

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The reason, whatever form it takes psychic, or feeling or ideamust go through the following stages of integrative consciousness: 1or stage, discernment of a change occurred; 2 or stage, representationpleasant or painful change; 3 or stage, discrimination because of thechange; 4 or stage, the merger with the earlier ideational oremotional states, with a similar elimination of the states antagonists;5 or stage, unification of the qualitative energy specific crime; 6 or

stage, unification of quantitative initial action.2. -Giustamente Fouillée observes that the discernment of change

of state is the germ of feeling and intelligence. The coenaesthesia, orgeneral feeling, you would specify, in any sensitive product, if itwere not granted the power to conceive of this effect in isolationfrom the others, to discern and to fix it in the field of thought. Fromthe point of view of intelligence, adds Fouillée, discernment may beimplied when a single term is present in the spirit, withoutcomparison with another. But the faculty of discernment does notdevelop that with the choice: if we aware of the differences , mainlysensitive, sensitive drag is why these differences of the differencesreactive. "You can even go further and say that all judgment alreadycontains a practical choice rudimentary, that every intellectualdetermination is at the same time a determination of the activity,especially in the primeval senses, which are vital essence, and wherethe reaction is inseparable from the feeling. Discerning the pleasureof eating and the pain of hunger is indivisibly prefer one to the other.The insights are apparently indifferent to a further result; also in thiscase the adhesion, we accord to what appears to us such or such, it isstill a preference intellectual, a determination in one direction ratherthan in another, which, of course, implies no free will '[67] .

The indissoluble unity of thinking and ' act is the psychologicallaw of paramount importance summed up in the expression of theidea-force .

Into the plat of the first stage of the discernment of reason orconscious energy in the change of the previous states ofconsciousness, not matter much the psychic inertia . Each, in fact,sees the effort used whenever the consciousness must change itsstate total or partial: the cause is in the power of resistance of theenergies organized chiefly for the merger with the static elements ofthe psychic residues of the past. The momentum, however, thepsyche must be understood not in an absolute sense, but in relationto the movement already established with certain rhythm; while the

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change, substituting new pace, puts in play activities that sooner orremained in a state, however, latent, or were not discernible to theconsciousness.

The reader will notice that, by treating the dynamics of thecriminal psyche, we complete what we wrote about the dynamics ofthe reasons. Then we saw the effectiveness isolated the reason, nowwe examine the complex action, in the set of all psychic statesconstituted and unified organically.

3. -Lo stage of psychic representation of the integrative power ofcrime, putting into play the reason, it was marked by pleasant orpainful; of speech that we have exhaustively dealing with the genesisand evolution dissolutive of emotions or emotional life.

The law of composition and decomposition of physical life, forthe continuous alternation of phenomena repair and consumption, isstill valid for the life of the spirit, where the functionality ispolarized conscious or feeling pleasant or painful sensation. It isfrom this moment that the cogitative activity, using apperception,affirms its own existence separate and autonomous force or thepersonal ego begins to build with materials consistent. The worldenvironment is no longer seen on the outside, but you subjectifiesand energy, which we take part, take place, they deserve, in thefollowing acts or coexisting interior. The ego, as it says the new staterepresentative, asserts itself, and forms the basis of a subjectivereality, which has the corresponding dynamic in the product ofmental activity resulted from the sum of the energies earlier mergedwith the power of reason. Being so, the reason of the assertion ofrepresentation should not attingersi in other principle that in that ofthe need to be carried out. "So-Ardigò-writes with the differentforms of representation will also have different forms of thestatement. That is, given the affirmation of pure feeling in the psycheor the initial data integral in the adult psyche; the data of coexistingor given to the next; the data of the given discursive or intuitive; notof me or of me; of felt or perceived or remembered or recognized;the individual or the abstract or concrete; of the real or the ideal; of 'a priori or of ' a posteriori ; the relative or the absolute; necessary orexisting or possible '[68] .

4. -I first two stages of supplementary status change andperformance with features pleasant or painful, leading, in the psychiclife of the offender, or alteration in instinctive manifestations, ie, theprocess of care more or less intense and long-lasting. The Despine

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well observes, "that, although the body preside over the nature of theinstinctive faculties, in the sense that we do not own but those ofwhich it allows the event, and that these faculties cangiano of natureto the extent that our bodies undergo profound changes or fleetingimpressions, c'inganneremmo very attribuissimo if all the changesthat take place in the demonstrations moral to physical causes, orchanges in the organic impressions. We operate considerable changein the character under the influence of causes which excite certainfeelings were highly latent, and whose work supersedes that of otherfeelings that had hitherto dominance in the individual "[69] .-Thestage of change, therefore, in the psyche of the offender, riducesi theawakening of latent instinctive activities with immediate formationof a tendency toward action.

One can not understand why the born criminal, in which thesensitivity is completely moral defect, are in themselves theresources of a potential of much activity by surprise. "If theindividual is morally insensitive Despine-writes-the perversity whichis not active, is found in conditions that allow them to meet theirown tastes with luck, and no cause does not intervene strongly toexcite in him the perverse desires, the his moral insensitivity will notmanifest point, not having the opportunity. This man, though not atall morally insensitive, not being transported to the bad, will behavein a way that does not deserve blame. All causes that excite the evilpassions in populations and thereby occasion, at a number ofindividuals, the manifestation of their insensitivity, remaineddormant for want of a cause that has excited before them in theperverse desires, criminals »[70] . This can be Yea the momentaryeffect of the influence of violent passion which, if imperiouslydemands it, is cause for which someone is pushed to commit a crimejust the same way who is permanently deprived of moral sense. But,ceases so soon as the state of passion, and it happens in general verypromptly after the act performed, the moral sense itself felt again,and I highly regretful, gives rise to remorse[71] .

By law, the fundamental dynamics, Is there, therefore, a largedifference between the initial psychic activity of the offender and theoffender's born out of passion; the first is the latent instinctiveenergy that you put into play in the second change is the transienteffect of passionate excitement.

The criminal who kills for killing, stealing to meet in powerrather imperious and not instinctive desire to procure the means

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necessary to the needs; that burns and destroys under the action ofirresistible impulses, is not at all in the fulfillment of his works theconsideration of pleasure or pain. So much so that, many times, I donot remember the Serbian; he seems to have acted in a state ofunconsciousness. The contrary happens pel delinquent occasion, theproceedings of which are the transient effect of temporarysuspension of selfless love life; perhaps it will become apparent inthe greatest ferocity, but calm returned, the soul regains lostemotional balance and your deeds is a cause of regret.

Not being emotional life at stake, or the quality of the stimulus orto the nature of the taxpayer, but life cogitative, the change of state isrepresented by the act by which the mind takes hold in clear andvivid form of one of many objects or between different schools ofthoughts that occur simultaneously as possible (James). In such anact, of spontaneous or voluntary attention, the aim is to locate theconsciousness concentrating the peculiar energy, and what you wantpel greater involvement than any experimental element has for us,maybe because we are urged by the impulse inherent in any change occurs in the domain of the spirit. The similarity observed byWundt[72] between attention, compared to the conscience, and thedetermination with respect to the retina of the eye, appears to mevery accurate. The focus is effort selective ; is shutdown process andis a direct function of the inhibitory power.

Fastening the representation on the line of the visual axes of themind promises with more clarity and distinction. But, it is said thateverything is not what effect of interest and impulsion emotional;Wherefore calls us back to the real point of the investigation, thepoint at which the dynamics of the pattern is converted into dynamicrepresentative and cogitative pel delinquent.

Attention is requested to focus on the new internal state,dall'appetizione of something which feels the defect or lack:quest'appetizione in itself amounted to a vague and indeterminatemovement with a tendency to be determined. And as for mechanicallaw, the movement began in the organism continues, spreads and istranslated into action, just that there is to offer an incentive becausethe craving will take root and idealized, not only, but to participate inthe energy representation present to the mind as opposed to the thingyou've defect or failure, and lead us to works of outward expressionsnecessary to make us happy. The wellspring of the movement of theappetitive is in the memory of the acts and enjoyments of actual orpossible, which is proved for the possession of the thing in defect or

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missing, or that you hope to try out in accordance with theexperience of others, then it is the truth Spencerian principle, that thetendency to produce an act is nothing more than the excitementrising from the mental states involved in this act. In other words, theidea of this movement is a movement started and, consequently, theidea of an intense and exclusive movement drags the actualmovement (Fouillée). A thief, for example, you decide to commit atheft data: the dynamic foundation of this mental act involves a lot ofdata: 1 or that he feels the need of something which has defect orfailure; 2 or that this is just something present to the mind; 3 or thatthe representation having received has produced a change in the stateof consciousness; 4 or that need to be born with the desire of thething and the soul verses in the state of agitation or movement,stressed, more or less, from the intensity of need; 5 or that the idea ofhaving owned the thing and wanting ripossedere, or hope to possess,lest armies stimulating action of the internal motion is indeterminateand the impulse determines the need to turn into energyattractiveness intent offense. Compare p, then, that the work to fixthe attention, in the field of consciousness, some current of thought,or to arrest the apparition, to suffer the dynamic efficiency, mustrefer to the law of unity ongoing mental processes; in the sense thatthe occurrence of some state of consciousness, I object of attention,to connect to the existence of previous states. The observation made in the proof Yea individual impulses of born criminals, insane orepileptic are.

That is why the murderous mania if not the irresistible impulse toextinguish the lives of the like? Well, in what would be seen that thetendency not to bloodshed, if you do not feel the need, and if youpreviously had not been created in the soul that state of agitation, ofemotion, of which the last term is the crime . The difference, again,between the born criminal and delinquent opportunity lies in the factpsychic; who first movement psychic initial originated from organicconstitution, is instinctive, el ' attention is not that passively sufferthe echo resonance grating; pel according to the focus is similar tothe previous stimulus and the energy of the reason that has givenimpetus to the extreme.

5. -Trattando the dynamics of the reasons and the general rules ofour discipline, we talked of the third and fourth stage routes of thereason: something we feel we need to add on the fifth and sixthstages, namely around the unification of the qualitative energy

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specific criminal , and the unification of quantitative initial action.Premise, that the doctrine of knowledge seems to have resolved,

with probable jurisdiction, the question of the origin dynamiccontent of thought, as well as the forms in which gradualsubsequently goes about. The brain function assumes thephysiological functioning of the body, and physical functioning overthe world environment. The sphere of psychic activity is the ultimateway to be of physical nature and biological activity; the thought,therefore, as it is organized, the natural formation is higher in thescale of the underlying formations purely inorganic and organic. Thebrain is not only the organ of resonance harmonics of the notes, sothat the nature asserts its existence and evolution of rhythmicphenomena; nor is the mirror that reflects simply in vain images tothe outside world; but it is the body of a real manifestation of theenergies of nature, is the extreme limit in which polarizes life in theimmanence of movement with preserved equivalence.

Everything was formolato from our Bovio in the principle ofunity of law in nature, in thought, in history: the thought is the naturethat you know, the story is the thought that moves. Which comesback to say that the law of reciprocity is always the same necessity,in outer nature that works as universal gravitation, to which natureobeys and does not know; in the brain acts as gravitation ideal thatobeys the brain, the senses, the chases and tries transform it into thesystem; in the history of opera like gravitation of the times to whichthe history obeys and tries transform it into codes, pulling documentsfrom the past to the future[73] .

The evolution is conservation of energy with parallel continuityof motion: therefore, through the activities of the outside worldinside, turning to physical activity in the brain, thus adding thedynamic coefficients of the reasons i thought, conscience, withchange his status changes operation of the acts that follow, bothqualitatively and quantitatively. The quality does not concern theessence or permanence of personal identity, but to the ways in orderto pass the specific energy of the product produced in the psychicmechanism in the mechanism of the self, training in education, therepresentation apperception and attention, to reflection and will.

The self sentient, intelligent, active living are the three phases ofthe identical energy, but three phases which differ so as not to allowone party exchanges in the other, if not because all three are from theonly employees and the same source of personal energy: in the same

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manner that the body, over time, there remains identical to itselfunless the conservation of energy equivalent individual psyche;permuting physiognomy and content not retain its identity if not inhis nature differentiated compared to other individuals of the samespecies.

It is concluded, that the criminal energy, atteggiando otherwisethe psyche, gives its characteristic and degree of activity of thefaculties set in motion, the feeling, the intelligence, the will.

Even the forces in nature, in correlation, become qualitativelyand quantitatively "any change in the strength undergoes ametamorphosis; and according to the forms it takes may thereby orthe repetition of the above conditions, or new conditions in aninfinite number of orders and combinations. Furthermore we seeclearly that the physical forces, not only among themselvescorrelations qualitative, but also quantitative. After trying to force away that can be transformed into another, the experiences show thateven with a defined amount of force are always the defined amountof another "[74] .

Indi is that the psychic event of the crime, effettuatosi action,exhausts, taken individually, all of the energy that informs him: allthat remains is the consequence of objective, fact due, and sometrace of attitude better rafforzatasi for future repetition the act. So,that will be worth a purely anthropological and psychiatricinvestigations, that the rules do not a priori legal judgment that themagistrate shall issue around the imputability subjective offensecharged? All coteste investigations and rules are limited to the officeof criminal trials psychic event: the only criminal psychology isreserved for debt to summarize the psychophysical data of theoffender and combined in a final judgment, taking account of all thedynamic coefficients that preceded and accompanied thecommission of the curse.

6. -Avvenuta the representation of reason, and warned thechange of consciousness seguitone; fused and unified in a singleprocess dynamic elements similar mentality; eliminated theantagonistic elements, the dynamic ideational and affective issubsidized by the intervention of imagination or fantasy. In thepsychic world of this criminal power has absolute dominion: itimposes, modifies, transforms everything in its path; from the mostdistant horizons, flattering hopes, the current environment of turmoilfor the action soppravenuta causes of passion, the imagination

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affects nell'atteggiare and prepare the soul to feel, to think, to wantso at their own and according to the scheme and the ghosts that she'sready. The representations reinforce present, the past will awaken;the natural inclinations acquire an easier start-up activities; theobjective reality of things gradually fades, it loses the contours, isricoverta the diaphanous veil of oblivion and dense; and a retinue ofabstractive process, the ghost image and the logical intent, includingthe static content of the reason, are open to the mind and exerciseimmanent action suggestive. Silent memories of controstimoli; onthe surface of consciousness apparent calm is restored; but, under aleaden sky and crossed by thick clouds, the objects are confused, andthe soul is aduggiato by a sense of anxiety and sadness. The images,the ghosts are intensified, they surround the retinue of flatteringappetites unsatisfied, promising hopes; peripheral vision ofconsciousness shrinks, the central sharpens; the ghost, idealized,initially oscillating, ends up fixate on the line of the visual axes; themind's eye is something attracted dominated, obsessed. Theinhibitory powers, currents intracerebral undergo a period ofintermittently memory is lacunar. You Cotesta it was moreinteresting than the psychic dynamics of crime; state in whichconsciousness insensibly is overwhelmed by the Fund and themechanics of the brain follows the rhythm of movements unstablevariants dissociated. The fantasy, evil sorceress, with satanic grinraises his throne on the ruins of the noblest aspirations, andconsecrated in the dark temple of the soul of the criminal, thereligion of murder!

7. -Who, of everything, you want the evidence, ask yourobservation to what happens in the psyche of the criminalepilepticus.

The imagination and fantasy are for the epileptic specificstrength of impulsivity irresistible. The enormous emotional (Krafft-Ebing); the extraordinary morbid irritability (Schüle); the lesion ofthe disease (Despine); anesthesia physical and moral (Thompson);the maniacs easy access, ensure that the epileptic is truly thelaughingstock of morbid ghosts that go through your mind and itoverwhelms the pace ideational and affective. The disease process isprotracted and intense concern with the principle, which is thecharacteristic of instinctive epileptic character : it is the anxiousdesire for something of uncertain, vague; is the need to bring forththe latent activity of nature misunderstood, whose existence as soonas we become aware.

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Lacking the bottom of reality to the creative process and thecoordination of association to emotional states, the fantasy of theepileptic giuoca a most essential part in the plot of the brain. Thebalance of power and acts keeps swinging; the mind, surprise, lookfor a stable center of gravity; attracted by the ghost, exchange it withthe reality and pursues him and you rely: but, in a moment, perdesicompletely balance, and affective base falters, the abyss opensbefore abruptly. The same victim if it scares; the passionate thrill,shock, which spreads in all regions of the spirit, says the convulsivegroan of those who understand what fatal destiny he was born blindperson!

Note moral fault of the offender, and the offender epilepticspecies, lies in the functioning of the fantastic psychic dynamics.The product fictitious and attractive content and affective idealresults from the interpenetration and assommarsi of discrepantelements fragmentary, which, finding no stable place inconsciousness, or have passed in the reserve fund of theunconscious, or wandering in the dark void of mind. Some of theseelements, the dynamic affinity with the novel motif representative,arises and is attracted towards the center of the visual consciousness:the it-who would believe?-Many times it develops, takes place in theform so impressive to dominate the environment with full andabsolute power. The difficulties, which frequently encountered ininvestigating the near or distant because of criminal actions, arisefrom the habit, so common to believe that the logic is the logic of thecriminal man normal, and that the cause intimate or psychologicalaction should always be sought in reason, apparently, is seen assufficient and more consistent with the overall logic of the specialmental process. And as with the proof of facts or Void hoping todraw the motive causative in some circumstance or event, which hasthe logic of erudirci enough about the subjective origin of the crime;or neglect to give due importance to procedural irrelevant data, youend up with erroneous or moral judgment on the amount of the crimeor with the belief that this is the influence of evil brutal!

8. -Indugiandoci, thè worth, dynamics coordinator or relationshipof the images or ghosts in which, for the most part, it connects to thecausation of crime, I believe that it obeys the two essential laws ofthe mechanism of the association, the law of similarity and the lawof contiguity in time and space. The tendency of connection,according to Stuart Mill, between ideas that appeal, after which theywere conceived together, it is, above all, observable between the

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pictures and the fantastic memories of the criminal mentality. Themoral contagion of crime is something the ordinary and the mostapparent example.

The ideas, feelings, judgments, representations of factssusceptible of complex events, are, very often, the background ofreal actions with which the resemblance is dynamic equivalence ofenergy causative; which may occur Yea so unconscious.

Some people, for example, very easy to forgive an injury; but intheir soul awakens the memories that others in similar contingency,resorted to revenge consumed in certain manner; overlooking thepresentiment of contempt, public opinion, by reason of diminishedpersonal dignity offended, and so forth. In the first case, to followthe example, the effectiveness of the recall of the similar casemerges with the operational effectiveness of the injury suffered; thecriminal action of others is outlined before the mind with fantasticcolors and attractive, little by little, the two elements, the dynamicpresent and to remember, organize and unify in one event and mentalcare and invade the entire field of consciousness . Indeed,, Is theremore. The injury suffered, perhaps, by its nature would not have hadimpulsive force apologized because the assumption of amisunderstanding, but the suggestion motive of remembrance is sopowerful that, for no great illusion difficult to occur, we exchange infantastic product, the mental value of the two terms and we believewe feel driven, action, offense taken by the idea, but do not realizethat this takes second place in the association, contiguity of time,with the idea of the event to which we are guided by the similaritybetween the two facts present at the thought.

In the second case, above referred to, is the fantastic connectionbetween the idea and the current dell'ingiuria painful feeling arousedin us a presentiment of diminished dignity or reputation. The resultpsychic derivatone, will be composed of the injury in factrepresentative of the union coefficienza of sentimentality associated;ie, while the substantive content will be the idea of the injury, thephysiognomy or emotional coloring correspond to the painful feelinginherent in the presentiment of personal dignity in the face ofdiminished public esteem.

9. -The psychic dynamics of delinquent rendesi morecomplex and more difficult in the acts of the will.

The Wundt sees, like us, the foundation of the acts of the will inthe grounds of which he distinguishes between a representative and a

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sentimental, the first of which is called decisive reason and thesecond impelling force . From the combination of a variety ofreasons, that representations and feelings, which in a coursecomposed of emotions appear to be those that are decisive for theperformance of an action, is the essential condition on the one handfor the development of the will, the other for the distinction of theindividual forms of volitional acts[75] .

Generally, in criminal codes, the responsibility of a crime can betraced back to the subjective element of intent , and this one doesconsist of free acts of will now notified as easy going and now as avoluntary anti-juridical effect. Sceverando the extreme degree ofevolution of psychic criminal, that is, the will, whence is precededby the number of degrees, and giving exclusive psychic relief in theevent the most complex, with neglecting the representative elementsand intellectually, we understand the uncertainty of the legal datawhich in practice must meet insurmountable difficulties ofapplication.

Those who can not, in truth, in which the dark lines when, calledto a finding that criminal responsibility for a crime, we feel obliged,first, to investigate the existence or absence of malice?

The law requires judges to enunciate in the judgments of thegrounds on which they base their belief; Article. 45 Cod. Pen.,Raises the fundamental canon, that no one can be punished for acrime, if I did not want the fact that it is, but what is thereasonableness of the reasons, in that the voluntariness of the fact ,detached from all the psychic elements or states of consciousness,which is the exponent of the crime last? Dimandatelo to themagistrate, and he, in its judgments, will be between concepts andjudgments at all arbitrary and that, while purporting to reflectscientific canons, are the reflection of fleeting impressions,sometimes passionate, on the nature of the offending and theevidence collected against the accused. I have endeavored, in myother books, to assign the logic value to the subjective factor of theoffense as it is formolato from the native legislature; but, I mustconfess, during the long practice, I had to painfully observe what andhow much uncertainty still remains in the soul of everyone, judges,lawyers and the public, with regard to the criteria for sufficientevidence to believe in individual crimes, the contest the element ofintent. Nor otherwise was to take place. The work of the court is notthe work of the scientist; only the latter is given the task to makeclear the regulatory standards of human actions, and how to interpret

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their meaning: wanting to convert a code in the Treaty of theoriesand canons of doctrine is the same subject the high and independentoffice of the magistrate to mental restrictions and arbitrarydangerous. And here, even in this, the proof of the damage of a prioriscientific systems, and the error of neglecting, in human knowledge,the fundamental logical principle of relativity .

Returning to the topic, let's say that the will is a complementaryact of psychic process, precisely because, according to James,voluntary movements must be secondary functions, not primitive , ofour body . The first result that emerges, you have to believe that thepower of the will to connect to the existence of representations andfeelings, which form its assumption dynamic; and that, according toWundt, the hypothesis of an act of the will by purely intellectualsource, a strong-willed decision contrary to the trends which areexpressed in feelings, etc.. embodies psychological contradiction. Itis based on the abstract concept of a transcendent will, absolutelydifferent from the actual mental processes of will.

"In physiology Fouillée-writes-the doctrine of evolutionexpressed by means of the development of an organ rudimentary andprimitive, the formation of a more comprehensive body back;Similarly, in psychology, all acts reflexes or instinctive, with theirvariety present, must be the derivative of a single impulse essentialand primitive. Carry this impulse in all of the elementary cells of anorganism, she will be the psychological background of what ishappening in the small living things: wherefore it consists of thetotal organism. On the other hand, the reactions outward of thesecells fall, as he is inevitable, under the law of the mechanism. Forsuch a combination of psychic impulses simple inside, mechanicalrelations outside, you can exert the most complex phenomena, andadaptations of the will to the various circumstances "[76] .

The psychological mechanics of the brain is known to us. Eachperipheral or intracerebral excitation is transported and resentful insimilar centers; then, mercy efferent apparatus, spreads reflected inoperations. The brain is the organ of ' activity , conscious orunconscious, of the psyche: we have the sense of this activity moreespecially the appearance volitional act. "This feeling of nature isdistinctly exciting and depending on the special reasons to want is astory accompanied by elements of pleasure or displeasure, which, intheir turn, may change during the course of the act, and one to takethe place of the other. As a total feeling, the feeling of activity is aprocess increasing and decreasing over time, which is spread over

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the whole course of the action and with the completion of this goesinto the feelings, very varied, satisfaction, contentment,disappointment, etc.., as well as in different feelings and emotions,which are related to the special success action "[77] .

The consciousness of possessing the necessary activity to thecrime is the first and fundamental immanent effect of criminalenergy. You may not feel the urge to murder, nor think nor want it, ifyou do not possess the aptitude; if the body and the brain for it, arenot affected by the specific action of external forces or internaltransformed and competing in that event exterior repressed by law.

Messas in the energy activity criminal, she, spreadingreflexively, in the first place is because of acts of power ; whichpower is tending because of the intensity of the central excitation,and is subject to the dispersion of the energy exciter, which does notincrease or decrease of the equivalent dynamic physiological. Thetestable hypotheses are varied, depending on the intensive nature ofthe activity, the attitude of the apparatus efferent, of greater or lesserdifficulty fisiopsichiche of organic functionality. You can,primamente, that the initial stage emotional action will not intervenenegligible interval, as if it were the outward act of nature orautomatic reflex. The reason of this phenomenon is reconnected tothe problem formolato, as follows, from James: The simple idea ofthe effects of a sensitive movement is a stimulus sufficient engine, orthere must be an additional mental antecedent, as a fiat , a decision, aacconsentimento a mandate, or some other similar phenomenon,because you can have the movement? And he answered, sometimesthe idea is simple enough, but at other times the movement is carriedout by an additional conscious element. Whenever a movementbehind tien without hesitation and immediately thought of it, wehave the ' ideo-motor action[78] .-The actions impulsive snapshots,effects of surges of passion, outbursts of anger, hatred, without theprovision of the difficulties and consequences, belong to the activestage described here. So soon as, Is there antagonism between theonset of intracerebral currents, movements and lines of efferent ordiverge, or cancel out, the vividness of psychicness decreases; thepowers inhibitors are reactivated, and the acts of the will to obey thetypical phases, it should be recalled.

10. -Al sense and awareness of activities available, accompaniedby tension, tien immediately behind the ' anxiety eager to see an endto this state of uncertainty and doubt, as well as to give free course to

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the discharge of reactive energy. The intensity and kind of Cotestaanxiety are similar to the species and the intensity of affectsentimental reason. The will is between two poles of psychic life:between the emotions, which attracts and absorbs all the resources ofequilibrium of consciousness, and the idea of motive or intent of thestriking exterior. Or, in respect of the offender, he should be recalledthat the state of anxiety, mentioned here, reconnects, very frequently,two emotions that we must take much calculation, the emotion offear and emotion dell ' wrath or anger .

The Lange, Bain, Ribot and the Mosso we have given the mostaccurate description of the physical and psychological symptoms offear. We summarize them by following the particular Lange[79] ,which, if we are not mistaken, is the most influential writer on thesubject. Fear is ligated to the sadness: in both, Is there paralysis ofthe voluntary motor and motor-spasmodic constriction of the bloodvessels; However, the fear is to add a spasmodic contraction of allmuscles organic, and a feeling of ' oppression , with consecutivecerebral effort centrifugal or outward signs somatic quitepronounced.

The Ribot note, that the psychology of fear has two distinctphases to be studied. The first seems to relate to inherited tendencieswhich appear very evident in childhood man. At the later part fearconscious, reasonable, back to experience. It has as its basis thememory, not intellectual, but emotional; waves is available to thefear to the extent that the representation of evil future is bright, thatis to say, non-intellectual and affective, felt and not conceived. Withmany the absence of fear is not that lack of imagination[80] .

About the emotion of anger there is enough for now, note, withRibot, which she originated by the instinct of individualpreservation, in the form offensive; and that, according to Bain, canbe defined: a conscious impulse that pushes to inflict suffering andto draw from it a positive pleasure.

The emotion of fear, depressing the reactive energy and loweringthe conscious ego, is affected as long as the sense of anxiety ofirresolution and doubt. Absorbed the mind to measure the likelihoodand importance of the danger present or future; oppressed by thefeeling soul vague and painful of an evil or harm that is to take us;disturbed mind by sudden representations which are beyond thecontrol of attention and reflection, the judgment that we form ourstate is in urgent need to act in any way, concerned only by the idea

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that maybe we will not be able to move away from the 'imminentdanger above us. At the first period of depression followed by asecond period of disturbance mixed feeling of hatred and anger forthe one who is the cause of the threat; sanity is restored in part, andwe realize that we feel authorized to use all our energy to repel thedanger, even at the cost of violating the physical or moral integrityof others. At this later stage the emotion of fear has much similaritywith the emotion of anger: both become impulsive, with thedifference that the fear is held in certain boundaries from thecalculation of the threatened danger, and anger, invading ' entirefield of consciousness, overwhelms any thunderous effort inhibitionand precipitates the action. This has great influence in the characterof the individual resolute or irresolute: the impulse to persist in theresolution is taken, to say the least of James, another constantcomponent in the network of motives.

The rapid and instantaneous emotional impulsiveness of the actsof anger, hatred, tension risolventesi in reactive energy, is generallyqualified for spontaneous and irresistible; while ritiensi to deliberateany inclination that starts to lower degree of sentimentalitypassionate. In the form of volitional deliberation becomes greaterpower to intervene with the freedom of choice and action; isbelieved that spontaneity is equivalent to the absence of tensilestress, and that in deliberate acts us to enjoy the fullness of poweravailable, that does not discern between reason and reason, have toresolve to one direction and not the other.

This is an illusion very easily demonstrated for the analysis ofgenetic moment of spontaneity acts. It is equal to another illusion tosuppose that the psyche can be a state of inertia absolute or absolutestable equilibrium. These differences, which belong to ordinarylanguage, the quality of the internal states are not, in fund, whichdifferences in quantity; and is therefore, that, according to theArdigò, spontaneous say when the effort of the center voltage isminimal, and therefore it is not noticeable sense; Voluntary, whenthe effort is large, prolonged and locations, and is thus distinctlydetectable sense of it. During the deliberations the voluntary effort isaccompanied by more resentful psychicness mental; for which, bythe antagonism of controstimoli, you resume a more steady paceideational and selection injunction fails to remove the difficultieswhich appeared in the line of the current predominant brain.

11. -The last conclusion to which we have arrived, reminding usof the exact observation of Wundt, the emotions, which are

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introduced by the processes will increasingly decrease in intensitydue to the action of different feelings and contrary inibentisi eachother, so that eventually the process will can arise from a coursesentimental tutt'affatto seemingly free of emotions: in fact, however,there is never an absolute lack of emotion.

Meanwhile, it happens that the indecision continues, even if thereasons to the contrary siensi weakened, and the will can not makestable direction, not because he lacks the drive, but because theaction attractiveness of intent is not felt enough. How many timesthinking fluctuates between disparate memories and oppositeintentions, relentless relentless and overwhelming, nor was able tocling to some divisamento in order to put an end to the painful stateof doubt! After hours, then days, then months, the intervention ofsome irrelevant reason, whose accidental occurrence remains for usinnavvertita, giving you the ultimate collapse of the balance and wefeel no difficulty dragged further work. How is this happening? Themechanics of the brain lends us a very plausible hypothesis. Weknow that the association of representations and ideas is done in twoways, either in the form linear and temporal form or in space .

The linear association, the right observation of Henle, has thescope in one and the same organ, the organ of thought in the form ofassociation of ideas, in the central organ of hearing in the form ofmelody, assonance and so on. The second species, ie, the spatialassociation, jump from one organ to another organ of the concepts tothe sensory representations and vice versa. It is identical to thesympathetic nervous[81] . Or, that the spatial association has for itsstarting point the structure of the central nervous system, and that theextensions of their connecting between nerve cells acquire greaterconductivity, the more frequently they adoprano, are more or lessplausible hypotheses to explain the passage from one center toanother, connected space; but the difficulty is not even the oneproposed by Henle, ie, as the association between theircorresponding representations is taken from the heritage of both thecenter. The difficulty is clear to see that between two neighboring ordistant centers will generate a current, or series of currents, withoutthat there has been veruno effort on our part, or without that betweenthe two distant locations of brain activity there has been a reason theaverage linking the extremes as ring unbroken chain.

Here, surely, we must have recourse to the cause of latentenergies, mostly hereditary; for which, in similar cases, they wakeup the nervous sympathies, ideals unforeseen things. What we see

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with more systematized processes, in forms of morbid mentaldisorders: fixed ideas, trends are born with the same irresistiblerhythmic mode of hereditary or ancestral; the same, no doubt, is forthe discrepant associations between psychic elements which, then,are the immediate factors or mediated by volitional impulses orresolutions. Appreciating the dates because of the decisions, we dothe great wonders of the like, for reasons unrelated or irrelevant, it isreceived by the action of a serious crime; because, well, while,immediately after the reason of hatred and anger, nothing abnormalshowed the patient, nor would anyone doubted him, and afterwards,all'impensata, he made Siasi author of ferocious acts of revenge. Thereason for hatred, the moment occasional, restricted the effectivenessin setting in motion the activity of a single center representative andideal; but, over time, other centers, near or far, awoke, with putting itin the report, no time for accidence coming up; and, for theconfluence of currents similar, occurred in given time, the fusion andtherefore the formation of novel energy with potential sufficient totrascinar the seco pravo will. In the intentional criminal acts, thephenomenon is constant, and it is for this reason that, in similaroffenses, Is there a presumption of eligibility and greater temibilitàof the offender; assuming to that in the same ye shall have a fund ofdegenerative perversity, not domabile so easily, referring to attitudesanthropological exceptional.

If you do that, I say, that a second cause helps to produce thephenomenon, and refers to changes in organic state of the individual,in periods of time. The illusion of full freedom of will, persuades usthat whenever and wherever we have sufficient power to choose andfollow the intent of our actions. But the thing is well otherwise.Much of brain function succeeds unknown and mysterious;argument, for many, to have recourse to the hypothesis ofunconscious cerebration . What is certain is that the effort tosovvenirci any idea, to re-establish the ideal plot centers betweensimilar mental representations of play already and was notdisappointed, we often impossible to run back; and that, while lessthan we thought, suddenly currents, which seemed off, thoughts andfeelings, are reactivated and produce wonderful effects.

The aforementioned Henle very properly observes, that the willis not absolute, but depends on the mood and the particulardevelopment of thinking matter. "As the thoughts appear arbitrary, italso attests to the Apostle when he says that they are blaming eachother and apologize. "They come when they want," complains

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Rousseau, "and not when I want it"; Lichtenberg and characterizesthe energetic feeling that we are witnessing almost as spectators tothe unfolding of the dialectical process in our hearts, saying that oneshould not say "I think", but "thinks", as they say "flashes." AndGoethe expresses the same idea, with the lively form that is proper:"The trouble is that every thought does not help to think; We must berighteous by nature, so happy ideas present themselves before us asfree children of God and we say: Here we are! "Goethe tells us,moreover, what happens in the inner laboratory of the poet, withthese words hill in the dedication of Faust which he evokes thefleeting images of his imagination:

"Cingetemi you, beloved ghosts, As mist or vapor from its being "[82] .

Do not neglect to add that the alternation of ideas, thoughts andwishes, we ought to head in much the individual opinions. When,beliefs inspired by 'feelings and passions are combined into a systemof d'I object determined, or religious, or political, or artistic, theyconstitute opinions (Despine). Which, nor is it difficult toexperience, inform himself the whole psychic life; form thepermanent fund from which branches off the current energydirectives of the brain work; provide material reserves for deficientmental processes.

12. -The last species dynamics in the acts of the will usesalternating or intermittent impulsive actions of reasons haveappeared. The relativity of time and space of the active content ofthought any time appears in moments so detached and so differentimpulses, that our attention can fix the separate dynamic entity. Willthe weak, uncertain characters are at the discretion of alternatingmotives, and sometimes between their discrepant; so that, ultimately,it is very uncertain when the decision to establish criminal tookplace, which was the reason it efficient . Before you generate thepersuasion , that is, before the mental acts to equilibrate and movearound a fixed center of gravity, it is at the discretion of activity orsentimental ideals with different movements suggestive seconded thelast pulse sets the direction and associative emotional and decidesthe idea of the action.

The phenomenon described here was realized in a surprising wayby Alfieri in ' Agamemnon . Aegisthus, the man with thepremeditated and vicious vengeance, comes to subject to his will

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Clytemnestra, who, made the victim of morbid passion, was to serveas a tool to vent on the descendants of Atreus hatred inherited fromhis father Thyestes. The unhappy woman knows that her husbandAgamemnon is back in Argo after the triumphs of the destroyedTroy, and fears for himself and his lover forced to move away andfalls outside the palace whither he had lived with the hope that theking died in battle , he could usurp the throne. Clytemnestra, agitatedbetween hopes and fears, feeling of not being able to break awayfrom the man who had conquered the fatal heart: she asks one day todevise a remedy, but in vain his mind struggles, which all conspiredto persuade Aegisthus having to move away Argo, if a majormisfortunes ambidue had not wanted to meet. The period ofuncertainty, anxiety, painful soul of her is played by the poet withexact importance: under the rule evocative of passion, she is closed,cogitabonda; before the husband can not find the way to hide theinternal state to simulate a portion only of the ancient affection thatbound her to him; before Electra, her daughter does not know how todo is apologize Aegisthus, and, if by some fond memory is recalledto the frightful reality of the present, it explodes in acts ofvehemence and says:

SolaWith my thoughts, with the baleful flame, That consumes me, let me-L'impongo[83] .

It is deeply artistic, and too probable, the manner in whichAegisthus into the mind of the woman accused of killing herhusband about it: you meditate on the scene before the fourth act; thedrama of passion, persuasion criminal sentimentality draw on the fullof colorful and effectiveness intensive. Aegisthus first mention, thenretracts concealing; Clytemnestra at first does not intend and want tobe enlightened, then the offender understands the thought and,surprise, exclaimed:

Or understand you-Oh whichLightning feral horrible luco of a sudden The dull mind toenlighten me! oh what I feel boiling within each vein! -Intendo:Raw remedy, and sol ... remedy ... is the blood Of Atreus

[84] .

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Still, she remains shaken yes but hesitant; the passion of lovewas not enough to convince her to do the horrible curse. His willpour into that state of hesitation that it is not even unstable balanceof power prevailing attractive to some idea or feeling in the game.But Aegisthus aware of it, and adds fuel to the fire, the thrust force:confess to the woman, shrewdly dissimulandone the falsehood, thatAgamemnon is taken with love for Cassandra, the beautiful maidenthat he led a slave from Troy. The measure is full; Clytemnestraexclaims: "What do I hear." Aegisthus insists:

Wait meanwhileWhat, you tired, he split with her kingdom and thalamus; wait, that 'your damage The shame is added; and henceforth alone, you alone, do not you sdegnar of this, that anger moves across Argo.

The effect is immediate: Clytemnestra no longer hesitates; shesays, "Agamemnon pear!" .- Aegisthus:

Or what?Of which hand?

CLIT. : Of this, on this night,Within that bed, which he hopes divider With the abhorred slave[85] .

But, in spite of the decision taken, he spent a few hours, thewoman no longer has the strength to translate into action theoffender about it: with a dagger in hand, on the threshold of the roomwhere sleeping Agamemnon, she stops. His mind wavers; waves ofthoughts, memories, regrets, overlap, seethe, the trouble, theoverwhelm: from the depths of the soul was already passionate aboutthe idea of arretrarsi, and perhaps, for the fusion of concurrentreasons, the counterforce would triumph, but Aegisthus appears, andthe miserable says to herself: "I am lost, alas!" .- It awakens theinner struggle for new coefficients suggested, accumulated by theoffender exciter: the view of the iron, offered to her by 'man whoreminds her of the shed blood of his daughter, Iphigenia,Agamemnon, the on again; the murderer will explode and the actionfalls. Clytemnestra penetrates into her husband's room and stabshim! ...

How much truth to natural reproduction of things: what vision of

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the real state of mind so fleeting and so difficult for this to beincluded! ...

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CHAPTER X.

Psychology of the criminal.

1 What is meant by action criminosa.-2. Esquilibrio anomalies andthe character of the delinquente.-3. State esquilibrio psychic borncriminal: the distinctive features that accompany its actioncriminosa.-4. The organization psychophysical abnormal borncriminal: Notes highlights of his own psycho-pathologicalattività.-5. The action of the criminal insane; insanity-shapedmelanconica.-6. The impulsive mania; obsessions psychiccriminose.-7. Examination of the ' raging Hercules of Euripidesexample of homicidal mania accompanied by hallucinationimpulsive; the emotions obsessive with impulses of fobia.-8. Thecriminal action dell'epilettico.-9. The masked epilepsy orepileptic equivalent .-10. The delinquent for passione.-11.Psychology dell'odio.-12. Psychology of jealousy : Phaedra andMedea.-13. The action of the criminal thug passion: psychologydell'ira.-14. Examination of Orestes, according to Aeschylus,Sophocles and Euripides, as an example of delinquentpassione.-15. The criminal opportunity.

1. -Intendiamo criminal action for the synthesis of the acts whichprepare, accompany and follow the crime. The exterior work, wouldnot that be the fulfillment of what later Siasi devised, it is just themost conspicuous; the test, in order, with the inductive method, weproceed from the observation of the known in order to understandthe unknown. Thus the rite judicial complete the requirements ofrepressive law; as the eligibility, needing individualizedresponsibility to give birth, can not help but give factual evidencegathered and coordinated in accordance with predetermined logicrules and consecrate by appropriate ritual prescriptions.

Those who work, externalizes its being intrinsic; ondechè actionis nothing but the manifestation of what remains hidden; what is thesum of the individual psychic life, the elements sensory, emotionaland intellectual, to the fullest formation of conscience, theintelligence, the will. The crime, therefore, considered objectively inaction, it's never made a fortuitous , dependent entirely byrandomness of time and place; is the index of the organic

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constitution of the agent, physical and psychological: his factor isalways to be found, as well it expresses Garofalo, in the specialty of 'individual , shaped by nature to be delinquent[86] .

Executive acts differ according to the purpose they tend; the endmirrors gl'interni intentions and complete the moral physiognomy ofthe individual character. The composition of this character, pelcriminal, because it is well understood, compels us to turn thingsback a little and remember several psychic anomalies which informthe mode of action, impressing interesting notes in the appreciationof the evidence of the case.

2. -The Marro writes that the salient characteristic of the mind ofthe criminals is given mostly by a lack of reflection, which,combined with an equal lack of affection, arranges them in a more orless severe delirium of persecution[87] .-This anomaly esquilibriodependent on the prevalence of morbid sentimentality on the contentof ideal association is reflected due to frequent obsessions jointinstability of purpose and deeds; which, at first glance, it seemscontradictory, but it is to be false. The Delinquents, for those whohave practice, are the losers, rather than the struggle for life, theinvincible power of fixed ideas or recurring imagined persecution,which, taking the body and relief to the harmful influence of messedfantasy, participating psyche to the bottom of great vulnerability,predisposing to pose, without difficulty, according to the unstabledaily events. From easy elapsed in the family, in an early age, to theever-changing employment and, in the end, the wandering, theexistence of Codest unfortunate is at the mercy of perpetual ebb andflow of opposing forces: the personality disintegrate more easilythan usual, if it were not held securely by fixed ideas, feelingsgiganteggianti, the outcome of which is to obsess the mind, alteringthe character from time to time that the impulses rendonsi moreintense.

The psychic inconsistency is due to lack of foresight on thepossibility of evidence, of responsibility, of acts that potevansi avoidor otherwise make. Who looks at the criminal action, starting withthe Act made, is subject to mistaken if he believes that he mustfollow the dictates of common logic, that is, if they think they seethe necessary causal link between the past and the concomitant ofthe crime. This link exists, but is the effect of anomalous mentalprocess, because prepared and originated by factors representativeand ideals of which we hardly is granted, a posteriori , to reproduce

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in us the plot of mind.The excessive vanity of criminals explains how they, with

un'imprevidenza inconceivable, come out to talk about their crimesbefore and after to have them made, providing, thus, the mostpowerful weapon which has justice for catch and convict them(Lombroso) . Which, I might add, has not even thought of, becauseyou do not have the power to control what is said or opera: the visualfield of the mind is disturbed by currents of sentimentality intrusive;the self, breaking away from the normal life of relationship with theenvironment, is isolated and stands in a sphere of imaginativeselfishness.

3. -For proceed with more accuracy in the latter part of thepsychological process of the crime, we will examine separately:

a ) the psychology of the criminal delinquents were born, or thebottom of moral insanity or epilepsy;

b ) that the criminals of passion;c ) that the criminals of occasion.Taking the principle of the born criminal, we observe that in it

the status of esquilibrio psychic presents comprehensiveorganization-based factors and hereditary degenerative fusion ofintegrative elements similar environment. The energy hereditarycriminal, in contact with the forces of environments, it is supported,strengthened, and eliminating, by the organization of the individualself, the elements foreign to its nature, it is unified with a similarspecification. The psychic form, resulting, appears through noimpression of dynamic external representation of the order with theorder immanent states of consciousness: the feeling altruistic, family,sociability, sympathy does not exist, and its location overlookingabsolute the sense of egotism, which features the offender to feel astranger among 'similar, even in the fight with them becauseotherwise he complied. If mental development was held down, noteven the born criminal at bay controstimoli of the crime; for him thecriminal law, morals, customs, public opinion are like they do notexist; soon, but rarely are perceived or remembered as incentives toperform the spell with greater cunning and shrewdness. If, then,mental development has been enriched by alquanta culture andsocial life has become increasingly complex, the memory ofcontrostimoli serves to increase the morbidity of the criminalfantastic, as is the cause for which the fund is criminal pervert of theirresistible tendency to act in contradiction to and in spite of the

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common way of feeling and judging. The prevalence of socialstruggle, which for the average man takes place in an effort to enrichthe quality of pre-eminent moral or more substances economic, theresult of activity progressed, in the mind of the criminal promiseswith the semblance of antagonism brutal, with the ' impact of allegedspiteful enemies or persecutors, with the absence of any trace ofhonesty or mercy. Just the slightest reason for coonestare the mostheinous crimes shall read in Despine[88] , in Lombroso[89] the manyexamples of criminals, who excused themselves by terrible crimeson the grounds of the reasons which seemed ridiculous pretexts. Thejudicial police, put on the track to find the responsible of any seriouscrime, often errs in following assumptions, which are suggested toyou from the conditions of ordinary experience of human affairs;because it is believed that the offender had to have substantial reasonto action, and that this had to be consumed with the whole apparatusof the means chosen and believed best suited criminal intent. Noneof this: the crime is the result of circumstance, reason futilissimo;talfiata is the means of satisfaction of perverse instincts that are inaction the completion of an activity unstoppable. The real reason forthe assumption of logical degenerative process is to search for it inthe bottom of abnormal soul of the criminal; fund that may wellindovinarsi without appreciating the concerns outward mode ofaction, which, though not at all silent witnesses, are eloquent enoughto make us scovrire the true agent of the crime.

The cold ferocity and feeling apathetic[90] Many of the murdersare the index of the mental state of offenders. The sensitivity,physical and moral integrity in humans is the result of organicbiological factors: whether these factors are lacking, our acts must bein clear opposition to the common duct.

4. -Trattando aware of the stages of formation and developmentof the crime, showed the integrative or disintegrative process of thesoul of the criminal. Having now see those elements reflectedoutwardly in action, agree to add other comments that previouslywere soon overshadowed.

The abnormal organization of the born criminal arrests along thestages of psychic development, hence the relationship between thebiological and anthropological morally insane, the epileptic and thecriminal. From the state of idiocy to the deficient mental balance andequilibrium will have full considerable degree, to which thepsychologist is forced to turn his attention. "As Krafft-Ebing

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multimillion-writes-may be the degree of idiocy (as such idiocy andimbecility) well there is always a frontier that separates it from themental weakness, and that is that the psychic representations,however fragmentary and elementary, can not be accomplishedspontaneously and independently of the sensory elements, nor canthey be used to develop abstract ideas (concepts, judgments). Butalso the reproduction of the ideas, but admitted that to happen, youdo so incomplete, like that for the most part holds back only toexternal excitation or an organic need that is heard. It is thereforethat all that the trend of the creative process begins in a purelymechanical way, as if the idea was formed primitively. The completeidiot is not susceptible to emotions. Are unknown to him andsympathy and fellow-feeling, and it does not even need proof of lifein society: he shall enjoy the benefits without understanding theethical significance at all. He is able to react in one direction only,and that is when his ego , so limited, is upset. Then reacts with themost vehement outburst of anger, but even that is exaggerated, andthat manifests itself with an absolutely disproportionate brutalityorder »[91] .

The more normal state of the criminal is born of weakness orfailure in mental processes. Defective sensory activity, defectiverepresentation of the external world; no idea of the intimate essenceof things and their relations minutes; lacks the necessary wealth oflanguage in order to remember or express ideas that surpass thecommunications of life, it is insensitive to the good and evil ofothers; credulous, inexperienced, defended the most cunning of thecat that the security of brutes rather evolved. "Because of the easysuggestibility, weak-minded individuals can easily incite to commitserious crimes with threats, intimidation and prestige of authority,and often become docile instruments in the hands of criminals bornmore perverse»[92] . In murders per warrant, in complicity forassistance and help is very easy to meet people of that nature: theyare fascinated by others' action suggestionatrice; obeying the evilinstincts, trying satisfaction and pleasure to feel capable, blindinstruments in another's hand, to commit some criminal enterprise:for them the action of the crime carries less effort to win the apathyof the ordinary character, as in the crime they are the most incentive strong to become active, to live the outer life. After the crime, thefantasy turns on and enhances the idea of the criminal consequences;public disapproval of the fact resonates with echoes of surprise onthe indifference of mind of criminals as facts; that they may, carried

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by the current of public curiosity and spurred on by tickling thevanity, they can not long hide their misdemeanor; but eithersimulating or concealing, so accentuate their acts, language,precautions, ending with the uncovering and be punished. During theexecution of the curse, I am moved and accompanied by behavior ofso much skepticism as to arouse disgust: Only in a few moments, thesupreme action, their soul is stormy; Mimicry is feline hasty tounconsciousness. The intent of profit, revenge, the outburst ofhatred, for Cotesti unfortunate, it is quite apparently the reason forthe crime: they are attracted by the unknown, which alwayssurrounds the curse: if this should be consumed in treason, withambush at night, with dangerous means, the born criminal, weak-minded, it is more inclined to accept; he sees, in difficultcircumstances, so the work must go hand in hand, so many reasonsthat awaken in him a new activity that flatter her weakness making itthe illusion of performing deeds equal to those of men superiorfortitude and cunning. The idea has to prove himself in the dangersof the attraction irresistible: inseminating apathy, atonia of mind,consciousness of weakness, inferiority criminal pel is the source of asense of humiliation, disgust from which he seeks all the ways to getrid of; the first that we offer, is also dangerous, it is accepted by himwith enthusiasm. What if, then, the crime must be committed inmore people, from individuals to temper the upper and lowerdegenerate, the latter dragging with automatic motion:nell'apprestare are ready and accurate means to the crime, they showbe at the forefront , and made of the fact, buy the conscience of sogreat a fictitious superiority by mocking the accomplices andarrogate to himself the entire credit for the success. Woe-however-ifduring the execution it was surprised by the reaction to the victim, orthe public force is found ready to arrest offenders: the offender, ofwhich we write, it is taken as a true panic; he lacks in strength enough to resist, lack the courage of the men who have high moralcharacter, albeit that footprint with evil.

5. -Among the most prominent forms of delinquency bottomdegenerative use cases of moral follies and seizures.

The criminal insane is a victim of mental changes, which drivethem to act for or depressive state of consciousness, or to impulsivestate. Example of the first kind is observed to form in the madnessmelancholy, whose phenomena consist in a painful disposition of thesoul, which are lacking at all or not there are sufficient grounds inthe outside world, in a decay of the feeling of himself, and in a

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general difficulty in the unfolding of all those psychic processes,which can extend to their temporary arrest (Krafft-Ebing). Theindividual is overwhelmed by anxiety anxious, surrounding him withsadness and suspicion; the future is dark, the present isoverwhelming, devoid of hope and flattery. So it is that themelancholic is often the perpetrator of violent acts and incomposteand is in the throes of an unbridled impulsiveness with fury. "Thisaction of the melancholic Krafft-Ebing writes-not that it is a matterof reaction caused by painful agitation of consciousness, which canarrive at that by pushing the patient to despair; and then the powerfulexcitement thus produced may, at least temporarily, to break everyinner brake. In these explosions, and these affective reactions of thepatient may give occasion of painful impulses or painful memories,with the consequent motions of passion of surprise and expectation,as well as perverted sensations both physical (neuralgia, etc..) Andpsychological (sense of disconsolate anesthesia psychic jam ofthought, fixed ideas, indecision, feeling as subjugated by thedisease). In addition, such important determinants reasons for action,and as complications of morbid picture sketched so far melancholywithout delirium, certain feelings of anxiety (anxiety precordial)such as to cause a violent explosion affective as well as sensoryhallucinations and delusions »[93] .

6. -The impulsive mania deserves more serious consideration."One way to express itself states of mental degeneration extremelyimportant from the point of view coroner is represented by theoccurrence of certain acts, which do not have their motive in clearlydefined ideas in consciousness, -whose mechanism does not takeplace according to the scheme from reflection on the diversity of thewill, with a wise assessment of the reasons and the decision in favorof what appears in the right-but in which the idea that drives theaction, before even facing very distinct and clear the threshold ofconsciousness is transformed into action; or, to speak in moregeneral terms also, never get to be that well-appreciated and valuedby consciousness. So then, the act appears, much to its author as tothe observer, even without reason and therefore inconceivable, -theway in which it comes has made itself the imprint of the forced,impulsive, instinctive and surprisingly, even the individual himselfwho performs it. It appears as an organic necessity, which arisesfrom the depths of the unconscious vii 'psychic, comparable to aseizure in psychomotor »[94] .

I accept the theory of Bianchi, the obsessions psychic elements

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are not eliminated: in the minds badly organized (morbid heredity orother degenerative influences) it may happen that the process ofreplacement psychic is troubled, and that a psychic component,intended to move temporarily to the field of consciousness and theunconscious to fall, however there remains, and can not beeliminated: as sometimes some poisons produced in the body andsubstances introduced from the outside can not be expelled, remainand accumulate in the body[95] .-This invasion heterogeneouspsychic products, with static form or obsession itself, and with adynamic or impulsive (Féré) is accompanied by morbid emotionality(Morel, Ballet, Seglas, Dallemagne, Pitras, Régis); neither dependson weakness of will (Magnan); nor to be confused with disease care(Ribot).

The phenomenon is essentially dynamic of emergence anddominance.

The failure to eliminate psychic products is because the currentideational and emotional are hindered by some obstacle that preventsthem free rein; and, as the confluence of streams of water, if at onepoint they incontransi without relief and slope, the bubbling occurs,so the flow of ideas and feelings stop producing any kind ofdisturbance of general mental functioning. From the beginning theinvasion is limited to one point of the field of consciousness, which,seeing this, put in all efforts, at its disposal, to get rid of it:immediately after, it remains impotent to achieve the purpose, themental vision is clouded and afterwards bathed in dazzling colors;the will resists however, resorting to the aid of controstimoliideational and emotional; maybe you will succeed, but, for thefunctional disturbance occurred, supervene of illusions andhallucinations, which overwhelm and completely transform thenature of the conscious ego.

7. -A classical artistic intuition of homicidal mania, accompaniedby hallucination impulsive, we find it in ' Hercules furiousEuripides. Hercules, after a long absence, he returned to Thebes,where his father was Amphitryon, his wife Megara and his children.So soon as arrives at his home, knows that Megara Lycus, king ofThebes, had decided to sacrifice the whole family with him, andalready the children they had wrapped around the head of funeralwreaths and awaited the fatal moment. He goes into the house toworship the household gods, decided to make bitter vengeance onLico. He arrived accompanied by his sergeants, and, knowingnothing of the unexpected return of Hercules, penetrates into the

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house to take a death Megara and their children. But that hit inHercules, is soon killed. However, at the behest of the gods andaccompanied by Iris, occurs the Insania ( ἡ Λύττα ), called virgindaughter of gloomy night, born of noble blood of Uranus, and sent topunish the poor Hercules. A nuncio, startled, says that Hercules,after the murder of Lycus, preparing a sacrifice before ara of Jupiter,they were greeted her children with the grandfather and mother, andhad already led in turn to ' altar the basket and elevavansi sacredprayers:

But here, whenever one of the ember with the right tower, and dip it in the lustral water was to the son of Alcmene, stood motionless, and silent. In that act long and teneano It was the children in him stare at the watch. More ow he was not.

The idea or the murderous obsession suddenly invades the soulwith the spark of a feeling or a sudden thought; in an indi-groundprepared for personal or hereditary degeneration-va then raging andcaring mental activity of the sick and can take and present all thedifferent degrees of intensity morbid obsession, winnable orinvincible (Ferri) .- first is a sudden stop motion intracerebral;rapidly shrink, with a sense of anguish, the field of consciousness;wobbling of the perception of reality; the effort to realize what thatyou are aware that to happen: afterwards, perdutosi balance or centerof motion ideational and affective, eyes, countenance, the gesturesare clear signs of delirium intrusive.

Wild eyes roteggiava around, The blood roots in pushing out; And a foam dripping from his mouth down his chin beard.

Completatosi access, the hallucination begins: the patient forgetswhere is the place, the people from whence surrounded. Among therecurring ideas, with a flurry of blood and revenge, the one fixed inthe mind, with insistence, the idea of giving death to Eurystheus,another his enemy. And the man who, a few moments before, hadcalmly and discernment cold drawn the how and why of his futureendeavors; intoxicated, delirium occurred pel, dall'insania hateirresistible, is pushed, or rather dragged to that action that you playso great with dark background, with hazy outlines, and to which he

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already believed to take part with the vehemence who is facingenemy all'aborrito.

Then burstWith laughter in this frantic to say: "Father, I turn to you or I, ere to give death For Eurystheus, the atoning flame, And fo double deed, even if all I can Compier with a? On the harbor here Euristeo The truncated head, and more deaths of a sudden I then purging hands. Hey, pour water on the ground: the canisters thrown at her: Who gives me the bow? who gives me the club? Corro at Mycenae. Oprar picks and levers A spezzarne fia appropriate, notify to overthrow Those walls, which the Cyclops one day Costruir with the chisel to the address book. " He dictated this, there soon imagining The chariot had, does go up, and pushes (How had the aferza) runners, Wiggling the right. Eran those acts and rice 'sergeants and fear: And the other guatandosi, was saying these to that: our game takes Mr. ours, Let him or raves?

Meanwhile, running up and down the house, says he came toMegara; lies on the ground and he prepares dinner; then stood up,she gives herself to fight, naked, with no opponent in the face; thenordered everyone to hear, is proclaimed winner of the game.Believing in Mycenae, throws, quivering, fairs threats againstEurystheus.

The father then grabs his hand and says, son, what do you do?what a strange thing is this? Maybe you took away the sense that theblood you have shed here just now?

And thinking of EurystheusHe sire, that suppliant hands to fear the touch, rejects it, And darts draws the Férétra, and the arch blinds against his children, kill those D'Euristeo divisando. Astonished Who here, some there is sgominar those wretched; And one ran to her mother's clothes;

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's a crouched in the shadow of a column: The other small bird trembling as he stood at the foot Dell'ara. Cries the mother, oh husband, What are youdoing? what are you doing? you kill your own children? Cries theold and the families: and not abbada; And one of the sons of thecolumn around Chasing ere, then with terrible face Voltasi back,the plant is meeting, and in my heart the arrow. Supin falls thelittle baby, and the marble base Bagna blood, the soul breathes hislast.

Hercules thinks he has killed a son of Eurystheus; This continuesto infuriar against another son, is invoked in vain to reality,hallucination tough bully; until, he having slender to the massacre ofhis father, after he killed his wife and children, Pallas, appearance,throws him on the chest a stone (called, according to Pausanias,sofronistèro, ie risanator of the mind), and the restraining his fury, hedoes fall into deep sleep.

We are at the stage of exhaustion access maniac. The pulseenergy, scaricatasi nell'incomposta swirling action murderer, leadsthe individual into a state of dejection and prostration. WhenHercules comes to, is to be tied up and wonder of what is said tohave committed; with the calm returns to consciousness, but, alas !,the poor can only regret the misfortune toccatagli!

Such Fortuna, which I defended, the Guardia di Finanza, a daywas in sentry in a watchtower. She sees a friend, called him tohimself, and in a state of semi-consciousness, gives him a watchwith instructions to deliver it in the memory madre.-Poscia starts at atime in the country, takes a shot against the first companion shemeets; it advances to the guardhouse, and pulls, wildly, againstfriends and superiors, ten or twelve shots: seriously injures someone.Among the cries of the people went up and struggles, defendshimself, threatening death to all: it is taken, finally, and he, fixing hiseyes stunned those present, he falls into a deep sleep, that lasts morethan an hour. His previous were great; none causal drove him to thecrime.

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I supported the partial defect of the mind, which, withoutdifficulty, I was granted by the jury. The next day the sentence, Iwent to jail to ask him if he wanted to appeal to the Supreme Courtwanted to produce. I found him depressed, dejected. Talking to, Ireminded him of arrangements. He stared at me his eyes, silent,impassive. At some point in the speech I realized that the poor beganto tremble, barring eyes had dilated pupils. I realized that I wasbeginning to be in the throes of hallucination: shortly after he lostconsciousness of the place where trovavasi, of what had happened.

He asked me-you believe it? -la Return the watch delivered to hisfriend, mistaking me for him; ended up threatening prison guardspresent, who were compelled, by force, to drag it elsewhere. I wastold that, after an hour or more, he regained consciousness,preserving just a glimmer of memory of what he had said andoperated.

Any time the madness of the crime takes the form of obsessiveemotions with impulses of phobia: the psychic equivalent is thesudden burst of sensory illusions or hallucinations. The will istransported to believe in the reality of simple apprehension, thebottom of which may have distant origins of hate or other passion:consciousness is greatly shocked, nor is it more likely to perceive thetrue reality of things. The patient, if access is sudden, it is taken fromagonizing constriction of ideas and actions; he is believed inimminent danger, and it is needed to vehement reaction.

RR defended by me, one day he knows that his brother, backfrom Naples, where he abode, wanted to see him and hug him. Hewas glad of the meeting, nor interposed time to go in his own home,where her brother was waiting for him. The receptions were veryfond of each other. If you do that, talking, brother scolded him forsome dissension between him and his father. R. stares at him, notresponding. Thereafter, with fast, he runs to the police station and,frightened, asks for help against a stranger who was in his house andtried to assassinate him and his wife! Rush a sergeant and acarabineer. But what was their surprise to see that the stranger wasthe brother of R.? He was present at the scene, he insists to refer toimminent dangers, and, as the brother replied jokingly, he looks adrawer, opens it, pulls out a revolver and blows up, in the midst ofthe police, mortally wounding the German.

Arrested, is translated in prison, with nothing observe; However,On being asked, along the way, from a friend what he had done, and

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understood by the police that he had injured his brother, he regainedhis consciousness of poorly done, gave ismanie, burst into tearspouring down, declaring himself innocent of what you have saidcommesso.-In family there were cases of hysteria, epilepsy. The trialtook place, the most touching scene: all the witnesses spoke cordialaffection between the two brothers: the same police officers presentat the event, said he had to be persuaded access maniac. The jurorsconceded the partial defect of mind.

8. -Ed now tell of the criminal epileptic. Referring the reader tothe technical books on the subject, we will restrict to consider thesymptoms that most belong to the psychological part of the offenderand that, in practice, with greater difficulties are known and properlyesteemed. It's from a few years in courtrooms epileptic psychosisbegan to have due regard under the scientific side and the legal side.In general credevasi that the epileptic, when you do not commitcrimes in a state of access, should respond in the same way that anynormal individual, because, aggiungevasi, illness or frenosi last fewmoments of the attack, after which, the consciousness returns to itsnormal course. It is now recognized, in general, that the epilepsyitself is a psychosis and that contributions, in whom none affection,mental and moral durasi, however, in believing that these disordersshould be limited in some cases very serious, and those in which theaction for evidence, is not the effect of not having sufficient groundsand the course of proceedings in appearance conscious. Hence themany difficulties and distinctions of a continuous series unworthy oftimes so advanced in the positive sciences and experimental useless,even harmful and contrary to justice, when psychiatry has now saidits last word on the nature of epilepsy, ensuring that itsmanifestations are so varied and unique, to force us to believe thatthe judgment of appreciation on their eligibility should be verycircumspect, but that does not exclude, in any case, declining theresponsibility of pel vice part of the mind. The continuity and unityin the organization of psychic facts should not be possible toconvince us that anyone who suffers from epilepsy, althoughmostrisi at intervals of sound mind, enjoy the fullness of psychicequilibrium: some organic defects, inherent to the inner life ofconsciousness, escape trial outward but are the essential scientificassumption to arrive at correct conclusions, which otherwise wouldnot be supported by the criterion of doctrine and practice ofexperience.

9. -The problem rendesi much more difficult and complex in

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the case of masked epilepsy or epileptic equivalent . It -al dir-Bianchi is a mental disorder in the short and rapid evolution,ordinarily accompanied by profound disturbance of consciousnessand amnesia more or less complete of the period of duration of theattack. Assumes different forms: sometimes it is any of psychosisdescribed as prae -epilettiche or post -epilettiche; the difference liesonly in the fact that lack the epileptic fit, which is replaced by themental disorder. Many forms manic or hallucinatory psychosisrecurring, short-term, of which the sick is not to preserve theirmemory, are of an epileptic nature, true psychic equivalent ofepilepsy[96] .

This form of epilepsy psychic has its genesis in the extremeirritability of the physiological character of the patient, the genesis ofpathological disorders, mostly hereditary, psychic centers of thecortex, with depletion of executive powers, and atrophy, partial ortotal energies of association and co-ordinators of the internalmeasures and external measures, which are the consequence.Consciousness is intermittent or continuous disturbance or fund; thememory is lacunar; fantasy lit, vehement; sentimentality andimpulsiveness furious with tumultuous course. -But neither is thecase-sometimes the rare seizure disorder is systematized in periodslong enough; consciousness works, but is dominated by obsession oresquilibrio Constitutional: The patient has the ease and time to pre-order the case to the execution of the crime, to choose the means; tograsp the victim in the place, in the right moment. The appearance the fact induce the magistrate to elevate address book fullresponsibility with the aggravating circumstance of premeditation,or, in the absence of a causal, with the qualification of the brutalwickedness. The psychologist, meanwhile, observes, in ) than theprevious ones, the concomitant and subsequent of the offensecharged is not possible, when the defendant suffers from epilepsy,and prove that there are those logical connections of cause andeffect, which are the most obvious proof of psychic normality of anindividual, b ) that the action of the epileptic is always messy,sudden, furious, although rapportisi sufficient grounds to previousand foreknowledge of means. The morbidity of the act is put ondisplay by mimicry uncoordinated, the countenance haggard, eyeturbid, incomposte words, the lack of security in dealing with thedangers of the reaction of the victim or the surprise of the publicforce; the immediate lowering, after the crime, active energy, or totalexhaustion of the same, with amazement morale in a row,

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suicidality, or apathetic indifference of one who does not feel theweight of the liability incurred and do not shake the memoryrepresentative acts constituents crime. Finally, the psychologistconcludes that the extent of eligibility of such acts must beappreciated with synthetic logical process, as if the acts, normal ormorbid as they are, but more in the latter case, detach one from 'other and are evaluated in isolation, is not it strange s'incorra inflagrant error: the unity of the psychic product of the offense,matching, in this case, for epileptic equivalent, must, in the totalityof the internal and external functioning, take note of the disorder andof a esquilibrio not explainable with more organic germs of crime,but as the effect of morbid affection.

The reader who has followed us this far, will have had irrefutableproof of the truth of our positive direction, discern, in any typicalmanifestation of the crime, the germ of degeneration, dell'esquilibrioof the anomaly. Or that the soul of the criminal ways in the state ofdissolution, or, more properly, both the subbietto of moral insanityor psychosis of epilepsy, the fund disintegrative is identical: theinternal and external phenomena are the same, with respect andcourse alternating otherwise, and with or to contest all or specificallyfor certain. The native legislature, in imitation of the best codes inforce, has for adventure well done to gather in a generic formula allthe many species of psychosis, which may reduce or exclude,depending on the degree, the responsibility for indictable facts. It isgiven to the practical judgment of the court, whose mind was alreadyilluminated by the light of science, to outline the individual factsunder the general point of view, and to conclude with the admit orexclude the criminal liability of the agent. The scientific distinctionsmust apply because they have secure standards in the examination ofthe facts; but the result is unique: neither the conviction of the court,ultimately, have to worry about details such as the theoretical,sometimes better than enlighten, confuse the righteousness of hismind.

1O. -I passion for delinquents form a special category: they, asnoted by the Lombroso, should be said for momentum, because allthe crimes they Substrate violence of some passions; but, while inthe habitual offender, in that the impetus for reflection of the passionis not sudden, nor isolated, but hatching for a long time and repeatsand repeats forever, and it is associated, almost always, reflection, -qui happens all the contrary.

The passion has its foundation in the affections and is

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accompanied by emotion or pleasure or pain. However, to say theTommaseo, passion is destructive, dries up the soul and torments;affection and warms her up: the passion is blind, reckless,provocative; affection is constant, human, magnanimous: the passionis deafening torrent, drag, and to win, devastated the affect flowsquietly, but inexhaustible, and for various streams comes down tobring in the most hidden places of the joys of life.

The thug passion does not have the stigmata of degeneration; inhim the feeling, the emotions are developed in a high degree,sometimes excessive: the psychic life of higher education,intelligence and reflection, is somewhat less pronounced;imagination, not that the imagination is predominant, impetuous,strong colors, dazzling shades. The passion, energy, and anysentimental, organizes, is systematized, crystallized, stratifying intoconsciousness. At first, the idea that forms the content; feeling,wherefore yield pleasant, it scrolls on the field of consciousness as agame of the imagination: the attractiveness of their inherent, escapesthe reflection and it is accepted by the flattery, whence issurrounded, for the hope of future intent desired, pel glow of adiaphanous light suffused the entire series of representations of thememories that make up the material of our present knowledge.Gradually, what initially was inadvertently takes consistency, and wefeel the power of a slow seduction, unconscious, but steady, andstronger the more you adapts to the environment morale and drag tohimself, paralyzing, other inclinations of the our emotional life. TheBergier believed, that the motions of the passions are not voluntary,and that man is purely passive when you agree or represses them: no;the liability begins only gradually since we have received into theseed of passion; but, if the focus had been more vigilant sentry onthe rock of the heart, the powers inhibitors could alienate and repelthe insidious assault of passion and this would have been abortedbefore it had been recognized vital.

11. -In delinquent status is passionate germinates by thecontrast of opposing ideas and feelings; the idea, the feeling ofsome good, we lack, or that we are individuals, and the idea and thefeeling of hatred against those who either oppose it or counteredpossession. It is thus that Plutarch wrote hate to be a provision andwill observer the opportunity to hurt[97] ; and Machiavelli, whichproduces fear and hatred that fear is passed all'offesa.-Between theidea of good or hoped for and lost the conviction that what someoneis guilty, you go digging a pit in which all fall good intentions,

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feelings, altruistic, ideas of sympathy and benevolence towards thelike. This is ordinarily the case of verifiable hate dumb concentrated.The intensification of the feeling of repugnance of the person of theopponent; the resonance of a painful affection betrayed receipt of anoffense; repeated shots of internal emotional energy; vacuum that isforming around for the cause recurrent and initial anxiety, anguish,uncertainty, absorb all the personality and cloud the mind. Facialexpression, and externally expresses the internal motions, ischaracteristic. At the beginning of the passion, if not originated bystrong impulse painful, the soul as it is understood by hilarity orexcitement pleasant, rising from the consciousness of his ownsuperiority in the face of the enemy. Addensatosi the feeling ofrepugnance and disegnatasi the reactive mind, the individual isconcerned, bleak: his face is sometimes closed in gloomy thoughts;at other times, the sudden burst of flattering hope of revenge, a wrysmile, with ostentatious jattanza, touches the lips; the eye shineslight on the left and the heart anticipates the pleasure of punishmentfor the enemy. At intervals less long, the calm is induced by thedaily occupations of life, interests that distract; but, when the reasonfor the hatred rises, the mind is ominously and shook with the pain,which became more acute, we feel grow the repugnance, aversion, aslong as it adds a special feeling of annoyance that forces us and wedrag action.

In women, the hatred is deeper, less likely to be repressed:Maximum When, it comes from the passion of love, betrayal, orjealousy, comes Financo the form of delirium.

12. -The criminal psychologist must carefully consider thelatter's powerful cause of hatred, which ordinarily ends with theexplosion in bitter vengeance. The Mantegazza tried to give thedefinition of jealousy, saying, jealousy means really a pain in thefeeling of love, and that is precisely what product went from offenseto us by the infidelity of the beloved object. This pain is natural in allmen, in all times and in almost all breeds. It is the offense of ourproperty applied to the love[98] . Better, though, the Metastasio:

O sweet-bitter fruit plant, Furia unjust and cruel, What to poison you graze, And the icy fire of love are born.

The Descuret, in a book that has a psychological value, however,

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writes: "A story tyrant and slave, lets bring up the jealous wrathwithout measure, or basely prays, shaking his diseased brainsuppositions more bizarre then never rests ; thè suspicions, fearshaunt him at the end in dreams. Gestures, in the acts and especiallyin the eyes has something left and that scares off any one feltsympathy for the sufferings Let him suffer. You can not be justifiedby a jealous if a motion of pity lets him give some proof of affectionfrom her who he accuses, this testimony is not the eyes that hisconcealment cleverly calculated. Then the suspect doubled; insultand threat, or even yielding to an impulse of conviction andrepentance, he admits the evidence that they give; but it soon falls'his imaginary terrors, and returns no less unjust, nor less furious thanbefore.

"In general, the jealous tries to hide at every glance the tormentsthat the shake, as if ashamed of a vile weakness: it is not uncommonto hear him speak with contempt of those who abandon themselvesto jealousy. But if it prescribes to himself this reserve beforestrangers, it compensates for wear against his victim, maximally ifpurchased on top of her right to assert. Ordinarily happens in thedeaf and hid the violence of domestic tyranny more terrible are theeffects of this passion; imperciocchè then the fight happens betweenstrength and weakness, and that this does not have tears in hisdefense "[99] .

Greek art represented in Phaedra and Medea the woman's crimeof passion led to delirium. There are two types conceived byEuripides in a surprising way. Fedra, taken by blind love pel stepsonHippolytus, pour in the phenomena of hysteria, and strikes anddespair and finally reaches exhaustion morbid, physical and moral.She realizes that he is the slave of Cyprian, and fight with the blindimpulses from whence dominated, now with silence, with the closeand collect between the domestic walls, the family care; now upconfessing, despairing, everything to the nurse.

Ben realizes that she is playing, heredity, the brutal passion ofthe mother Pasiphae, who fell in love on a white bull seen in thevalleys of Ida in Crete and, in imbestiandosi imbastiate splinters of aheifer cabin built by Daedalus, made a copy of himself, and he wasborn the Minotaur. The nurse prosecutors apprestarle aid, and makesmention of Hippolytus, who, horrified, threatens to rivelareverything to his father. Fedra, troubled by unfulfilled passion andtroubled by the fear of shame, he decides to commit suicide; but atthe same time conceived the plan of revenge on the offender virtuous

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young man throwing him against the most infamous accusation. Thenurse she confesses:

Today, out of life, I, yes, glad I will Kypris that brings me to perish. unripe D'amor won die; but infests While I will make my death Anco to another, Yes you may see evil being of my penis Altero go. Part anch'ei trying of these troubles, fia learn that humility[100] .

She hangs herself, but in a written leaves said he did it because itforcibly violated by Ippolito!

Medea is the fury of jealousy personified. Ella, by Jasonpostponed to another woman conceals the profound anguish,simulates calm demeanor and submissive, to inflict the punishmentto his offender, the bride kills, kills its own children and confesseshappy to have everything done![101] .

13. -The delinquent passionate, vehement thrust victim, aberrant,often adheres to the prearranged plan of execution of the crime. Heis imprudent; uses the first weapon he understood; enjoys making ashow of vengeance accomplished. Faces the danger with recklesscourage, just because he is firm in the belief that without theoutpouring of passion, whence is agitated, the existence rendesiunbearable any damage occurring thereafter will be less of the storm,which put him in iscompiglio. After committed the crime, thepassion for offender does not escape the judgment of public opinion,which he knows to himself favorable; rendesi but the public forceand confesses his work with nothing to keep quiet.

Returned to calm, he is assailed by remorse and, under theweight of misfortune toccatagli, regrets, cries, and mostrasi resignedand dejected. Ben observes Lombroso, that such offenders, ratherthan to rei common approach to the crazy impulsive and betterepileptics, for the impetuosity, instantaneity, the ferocity of the acts,some of which, notisi the important analogy, not ricordansi oftenincompletely.

The resemblance is all the more true because they are victims of 'wrath , whose outburst was by Horace and Petrarch compared toshort fury . The ancients, in the same way that today's writers, he hadfull knowledge, and Seneca wrote on ' ire three books that I wishwere consulted by those who wish to have valuable knowledge on

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the subject. "Some wise men-he writes-they said that anger is a shortmadness, for they likewise with that is devoid of being able to lord itto herself; you do not remember the honor, takes no memory offriendships: stubborn and intent on what he once principiato, via thegreenhouse to reason and advice, and, agitated by vain reasons, isunable to distinguish right and true, very similar to the ruins, whichwill sap and breaking over what they have oppressed. But why bemad you know the ones that are dominated by anger, their dress ponmind: for they, like fools are certain clues bold face and threatening,the melancholy face, his face grim and harsh, the passing hasty, therestless hands, the color changed, the sighs thick and vehement, sothe angry are the same signs. The eyes are ruby and fiery, in allappearance is a flush on; boiling the blood in the lower hearts andlungs, his lips are moving and shaking the teeth; curl and getimpatient; the spirit is in their stride and small, their limbs, twisting,resound; they sigh, roaring and speak terminated with items notexplained well, and your hands often you hit; batton the earth withhis feet, and the whole body is moved, making many threats ofanger, and Han's face ugly and frightful to see; for they swell andcounterfeiters. You say you would not know if he is the mostdetestable vice or bad. The other things you can take ascondere andblankets; anger explodes and exits in the face, and what is greater,the more clearly overflowing. I do not see how in all animals, oncethat arise to harm, anticipate clues, and that in the whole body out ofthe usual and envi dress, and exacerbate their pride? For the boarsout the foam from his mouth; arrotano and sharpen the teethstropicciandoli together; muovon bulls horns to the wind and scatterthe arena with his feet; lions tremble; snakes istizziti raise the neck;bitches, angry, are frightful to see. Is not no such animal so ugly andpernicious nature, which does not appaja in it, being assaulted byanger, addition of new pride, Ben know that others still sufferingever conceal, and that the lust, fear and boldness they give evidenceof herself and you can foresee. Because you do not wake up anyvehement cogitation our soul, which does not move something in hisface. What is the difference then? What other affections appear, youwill discover all of this and more is revealed »[102] .

And Seneca makes the distinction between acts which can berapportar to the passion of anger, and the acts which are the effect ofthe wound ; as is the case for those who ordinarily incrudelisconoand s'allegrano human blood that they had received no injury: nottrying to beat them and tear men for revenge, but for pleasure. He

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cites the example of the cruel Hannibal, who, seeing a pit full ofhuman blood, he said: "Oh! good show! "; and the example ofVoleso, which, being proconsul of Asia under the Divine Augustus,and having beheaded three hundred in one day, and going withsuperb face among the dead bodies, as if he had done somethingmagnificent and worthy of admiration, he shouted in Greek: "ohwhat direction!" .- The philosopher concludes that he would do if he was king? It was not anger this, no, but a greater evil and incurable![103] .

14. -In writers of criminal anthropology will find collected manyexamples, which illustrate the synthetic psychological observationspresented here; and besides, would not suffice the daily experienceof the courtroom? Better, I think, is to remind the reader the mostperfect representation of tragic, handed down to us from antiquity,the type of thug passion: I intend to speak of Orestes. Aeschylus,Sophocles, Euripides, he occupied: the first dealing with the depth ofthe crime of passion that came from the intuition of the most ascosimysteries of human nature; the second with the sentimentality andimagination of art that draws inspiration from the beautiful andcolorful harmonic faculty and contrasts; the third coll'uniformarsi theimmanent reality and spontaneous common phenomena of life. Itwas observed, that Orestes has a lot of Hamlet; resemblance in thehistorical events of revenge imposed by the need of the events,nell'angoscioso contrast between the appearance of the action andthe depth of the soul, in the end also disavventurata. If you do thatOrestes, coonestando the work with the will of the gods and theundeniable thrust in need of fate, it has less of personal content, andportrays himself in the indeterminacy of the psychological Greeklife, that of a great poet was appealed shadow d ' a dream. Hamlet isthe modern man, all reflection, skepticism, doubt tempered by thestrong feeling of choice, from the hesitancy of the action.

Orestes, banished indeed stolen from the home, grows at themercy of a friend, fueling hope in the heart, the passion of revengeagainst their mother Clytemnestra, is not that against the paramourAegisthus, guilty of murdering his father Agamemnon. Workavenging joins Electra, Orestes' sister, soul or dark or simulator, buttenacious hatred, inspiring means well suited to the intent: she, witha charming sentimentality, remove the doubt from the mind of hisbrother, he urges the work. In Aeschylus[104] The scene in which, after the killing of Aegisthus, Orestes puts to death the mother, isqualified by the full force blind, tempestuous man enslaved by

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overpowering passion: in vain she remembers her son compared tothat with breasts that he keep lips sucked the milk of life, and onwhich so often fell asleep. Orestes has a moment, better than pity,doubt and he seeks advice from Pylades: to remember that he is theoracle of Apollo and its sacred oaths, the distorted son says:

Vince, I feelYour opinion-just follow me; I want Svenarti there, at one. He live much more in honor of my father tenesti: Dead or posing with him; then that even though you love such a man, and the man that amar had to abhor.

But as soon as the massacre committed, the offender is caught bya passionate kind of access to psychic epilepsy, with functionaldisturbances and hallucination. To the praise of the Choir, he, whoearlier erasi addimostrato pleased with the double murder, heexclaims:

Alas! What do I see?How Gorgons, wrapped in cloths Negroes, Here they are, or women, and of crowded snakes twisted horsehair ... I no longer rest.

The choir called him back And question what fantasies perturbhim; Oreste answers:

Do not fantasies, not fantasies: rage these are the mother.

The Chorus:

A fresh bloodYou're on your hands: therefore fear On the soul plunges you.

Oreste:

Oh lord Apollo!There is a growing throng; affollansi; and eyes oozing blood that puts disgust. Makes' cor; Apollo brings you closer ara: Ei Sciorra you from these evils.

Oreste:

You

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Do not you see them: I will I see them; and I feel, I feel incalzarmi, and more remain I can not!

Sophocles[105] Orestes is somewhat calmer in his hatred, havingbeen settled, has minor semblance of momentum: Elettra is fierce.While Orestes stabs his mother, and this calls for compassion fromhim, the daughter of the taunts; and when the wretched cries ouch! Iam hurt! -ella makes the killer, saying even if you can, you hurt!

For Euripides[106] The massacre is consumed withforeknowledge of time and place and with the choice of means.Clytemnestra is taken, with deceit in the house of Elettra given inmarriage to a farmer; Welcomes Aegisthus Orestes and Pylades withthe affability due to two guests, inviting them to take part in asacrifice. You killed him before and afterwards his wife. Here, too,the idea of Orestes hesitates to put to death the mother; Elettra but Iwill incite. Committed the crime, they are taken from agitation andremorse: they see the precipice beneath their feet, and strive toarouse pity: Orestes, however, observes:

Or your mind, or soul Your targets, such as the aura coil. Pia ways or you are, pious thoughts: And so you were not just now, when, or sister, to tell the Opra brother, who wished to , spingesti. views you as the clothes Via tearing the miserable, agonizing Nude showed me her breasts ... Alas, my period ... and knees on the ground used to put them, miserable! and I apologize less Of pity and sorrow!

With more natural conception, in other Euripides tragedy, the 'Orestes , represents the effects of the crime. Orestes, agitated byinsane rage, he falls into a state of extreme exhaustion, his facebleak, fraught with horsehair, and lies all the time lying in bed. He isfrom time to time beset by bouts of hallucinations: Electra, who, pelremorse, sees the best part of his life spent in wailing andlamentation, consumed in sleepless and tearful nights , assists him,comforted him; but is well aware of it to be insane outbursts ; andthe chorus speaks of furious mania , and Menelaus wants to knowthe time when this was the first time to break out.

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Comes so soon as the danger of being overwhelmed by theArgives, and regains his strength, shooting a used fury and faces thewrath of the enemy undaunted, saddling death to death , asMenelaus is expressed; nor, as he says the same, showing himselfnever tired of killing ree women. Aumentandosi danger, passionrages and is converted into a pulse of destruction: he is ready to setfire to the royal palace and the flames svenare other victim(Hermione) in the presence of his father: he, Menelaus, begs formercy, but the other is firm and imposes Electra to kindle the flamesdown, and Pylades to set fire to the high stage. About The offenderwould be put in place if it were not suitably Apollo appeared to calmthe stormy mind of Orestes and to put an end to the sad history ofviolence and crime.

And so it is that Greece, coll'armonico agreement of faculty andacts, art and life skills, enthusiasm for the beautiful and heroicsacrifice for the triumph of the good (which Socrates, in respect ofteaching, expressed with the word music ), personified the kind ofpassion for offender surrounded by people close to him and made matter in the form of art in which science envy, however, the perfectinterpetrazione of truth and details.

15. -Completeremo the assumption of dealing with thepsychology of the criminal, writing the delinquent occasion.

Lombroso, admitting the existence of the offender hand, believesthat it does not offer a homogeneous type could offer it as theoffender or the offender-born for passion; but it is made up of manydisparate groups, and especially by the pseudo-criminal, then by thecriminal tendencies in the strict[107] . The Ferri, then, observes thatthe two conditions, so it is determined psychologically the crime,moral insensitivity and lack of foresight, this goes back mainly thecrime of opportunity, rather than congenital and habitualdelinquency; because, while in the born criminal is mainly the lackof moral sense that not rattiene from crime, delinquent in hand,however, this moral sense exists and is much less obtuse, and only,not helped by a lively anticipation of the consequences of the crime ,gives the external impulse, without which it was and would havebeen sufficient to keep the straight road[108] . I believe that theobservations reported here, while showing to contain, apparently,some important point not explain the psychological genesis of thecrime of opportunity. The forecast more or less of the effects of theiractions, or the action of incentives to which we are exposed, does not

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lead us to discern why, in practice, many men improvident, that allthe day they give the bottom of their economic fortunes and incurdeplorable errors; but which, brought into contact with criminalmotives, they know oppose more energetic resistance.

The crime of opportunity has to psychological genesis remains acriminal energy, for want of organization, in a state latent, nor withthe degree of development such as to arouse individual distincttrends. There is, therefore, the germ of the crime; lacks the lay of theland in which you fruitful and grow. That's why the criminals ofopportunity, there are no types were picked, and Lombroso had tosearch for them among disparate groups and especially between'pseudo-criminali.-life relationship, with the outside world and thelike, it is a whole complex of incentives that , in favorable datescontingencies, urge us to break the dictates of ethics and thepenalties of the law: when the psychic equilibrium is wellstrengthened and stabilized, the power of the incentive or goesunnoticed or is easily won; if the equilibrium is unstable anduncertain, due to conflicting opposing energies, the auspiciousoccasions can produce the same crimes of which we would neverhave believed to be capable of.

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CHAPTER XI.

Psychology aggregate crime.

1 Relations between individual coscienze.-2. Laws of integration anddisintegration of consciousness as it radiates into the psychicworld esterno.-3. Light and heat energy radiated; quality of thecurrents of riflesso.-4. The dynamic pace of the psychesconcorrenti.-5. The unconscious soul of the crowd: the kind ofattribution of responsibility for the crimes of this commessi.-6.Organization of the energies of folla.-7. The emotions of thecrowd; their rate of depression and esaltamento.-8. Theexaltation in the form of psychosis with influence epidemic;contagion passionate morbid feelings and idee.-9. The action ofmeneurs in folla.-10. The conspiracy; germination and growth ofthe microbe of the crime associato.-11. The shape andesplicamento of emotions and the complex of ethical principlesmade the basis of the criminal actions associate.-12. The soul ofthe crowd and that of criminal associations.

1. -In another job[109] we wrote: the individual consciousness isregarded as the center of many activities converging, and as energyresulting pel accumulation of aggregates of components in thesequence of internal states, transforming, retain their essentialnature. Coming out of the sphere of purely individual actions, andcoordinating these actions of other individuals, we realize thatbetween the individual conscience can intercede relations whichopens the rise to important concepts, which concern both the studentof psychology in general, as that criminal psychology.

The individual consciousness as an activity, it radiates to theoutside world and communicate its energy attracting into its orbitactivities concentric consciences of others. The word concentricexpresses the condition for this to happen, of conscious centers of asimilar nature, ie they have between their characters that do notneutralize elidano with energies comunicatesi.

2. -In as consciousness radiates to the outside world, infrascritteis subject to the laws of integration and disintegration:

1 in The psychic elements of active consciousness, finding no

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resistance contrast in the elements of a passive awareness, imparttheir energy in such a way that the new psychic aggregate is thecompound of the elements associated with the elements added upfront assimilated.

The disintegrative or integrative action of consciousness on theother occurs by addition or subtraction: it increases the mercy of theparticipation activities, the content of internal states; Changing thetone of the personality with depriving some of the characters whichmarked the previous physiognomy individual psychic. Everythinghappens for the associative act of psychic elements; because, in thedomain of consciousness, progressive series of states is produced bysubsequent connections of relationships and processes.

2 a psychic passive elements, absorbing the energy subsidiary,differ; and, or better integrating the previous aggregate ordisintegrandolo, remain, with the transformed, in the content ofactive consciousness.

The differentiation of the psychic elements with similarintegration of the system indicates the progress of passiveconsciousness; which is the case, all the day, in the relationshipbetween teacher and disciple, and higher employee. In the case ofdisintegration, however, the passive consciousness loses its specialcontent and is modeled on the intimate nature of consciousness atwhich energy absorption could not resist. Which is reflected in thecharacters weak or little developed, which very easily subject to theoverbearing influence of others.

3 in Processing, for integration or disintegration, the passiveconsciousness occurs because of the similar characters among itselements and those of the consciousness of others.

Any mental impairment as a result of energy subsidiary, dependson the degree of receptivity of specific so the aggregate is composedof elements; this corresponds to a greater or lesser degree identity ofthe elements in relation. The elements of consciousness, albeit thatparts of aggregates, are per se of the compounds of coefficientspsychic primitive; Wherefore he is among them, as between materialparticles, applies the law of cohesion, which denotes the mutualattraction of molecules of the same body, ie molecules which do notdecompose in which atoms have their identity between organic. ForArdigò the psychic cohesion is the law in order to psychical elementsare made with ligami minor or major. Maximum cohesion inperception , media formations ideals , at least in the relations logic :

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the fundamental rule is that cohesion is inversely related to thecomplexity of the mental work.

4 to Delle energy holdings, those who, for want of a passiveattitude of consciousness, were neither paralyzed nor assimilated,they give rise to a state of impulsive action automatic membership.

The motion passed by the impact, say, of two psychic aggregatesor enters the field of view of the passive consciousness, and thentransforms the content in this new system of coefficients; or in partstops below the threshold of consciousness, and then, continuingnell'impulsione attractiveness, and drag acts, with automatic action,into its orbit elements subjected.

3. -Over integrative or disintegrative effect of the aggregates ofconscience in relation, the energies radiated contain, with regard tothe transmission of psychic activity, a degree of light that has theequivalent ontological in true communicated, not that a degree ofheat for the phenomena of affection caused.

The currents radiated or transmitted, esteriorizzandosi, back,reflexively, in the center of origin, enhancing the intensity of thevisual field. This shall be deemed to easily whereas the absorption,of which we have spoken, by the active consciousness is nothing butaccumulation of assets pel surplus energy attracted and returned tothe starting point of impulsive movement. Who wants an example,consider how much you strengthen the consciousness of a convictionfor him who, after he had in communicating with others in statedpersuaded to have approval.

4.-The union of two, to the more complex shape of the crowddelinquent, the dynamics of the psyches competitors follows therhythm of a differentiation that begins with the identification of twowills in one and comes to the formation of collective consciousness,whose exponent Extreme is a result that you do not have that germsin individuals who take part. As in the dynamics of the brain, eachcell psychic , to use the expression of Haeckel, has its own life, butin the agreement of infinite other cells are transformed into the organof thought; in the composition of individuals, while each is in itselfan integrated consciousness, in union with other psychic contributesto the formation of the community, which has function more or lessvaried. The suggestion, imitation, which was used to secure thephenomenon because of the dynamic aggregate psychic, I'm not thatapparent or accidental data: the intimate mechanism is in sync withcurrent energy transmitted and accumulated in a center one, who,

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without having existence in itself or independent, manifests itselfonly in the improvement of complex activity , in the same mannerthat the thought, the individual consciousness are to be regarded asresulting from endless mental and physical components, which,taken in isolation, have life and energy of its own .

5. -In depths of the soul of the crowd, Is there much of theunconscious, which is of quell'inconscio impact energies coincide,which, for the fast action and the pace uncompounded, inherentunstable equilibrium of passionate feelings, it stop below thethreshold of consciousness and, swirling, pushing, occasionally, withthe intent inaccurate. It is true that of all the people crowded spreadsthe effectiveness of the idea, the common thought, which refers tothe initial movement of the action; but it is true that occurredbetween the effect and its cause driving, those who meditate well,you will never find neither logic nor the proportion dynamicequivalence. The unconscious, of which we speak, is in the act, theinstability of the will, in the accents rash, in the acts withoutmeaning; which echoed the feelings of hatred, sympathy without areason clear; the rapid unfolding of shares of ferocity, inconceivablein each of the members; the exuberant expansiveness or for purposesunknown or little for himself calculable.

I've seen that-for-a defender office processes of crimesperpetrated by the crowd, I am convinced, that the attenuation ofresponsibility is inherent to the common state of unconscious fromwhence accompanied the simultaneous concurrence of all those whotook part ' action. It seems that everyone except those who have pre-ordered acts, acting in terms of psychological automatism , to thepoint obliterate what each did and to disavow what everyone, withconsensus seemingly obvious, they wanted to achieve. Themagistrate, many times, does not believe the sincerity of theconfession of the accused, or rather suspected them of bad faith andruns behind the fantastic and concocted allegations of lawenforcement officers, who, not knowing more about a judgment onwhat actually took place under the their eyes, they resort tomysterious work of troublemakers and facing criminal intent whowere not ever in the minds of litigants.

The issue of responsibility for collective action will never beresolved until it is in the habit of buying whatever for the commonappreciation of the work, from the work of individuals. In short, theimputability of the crowd is illuminated by concepts quite differentfrom those that commonly follow in the evaluation of individual

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crimes, whether they occur in isolation, whether they take place as aresult of collective motives. Participation in higher or lower,verifiable in the competition of a few individuals in a crime, maydepend to a greater or lesser willingness and action in outward acts.For the crowd happens otherwise. The most eager, the most activeare not always the most dangerous; but so are those whose psychewith more force reverberated the coincidence of the attractive orrepulsive psyches of others. These are the most vulnerable toresistance: neither is attributable to their account; because thepsychological aggregate of a few competitors have the leisure toreflect and to resist, but in the crowd that is most difficult for thelaw, that the inhibition rendesi much more difficult as we are notallowed to to sift our energy individual energies environments towhich we are subject.

The Sighele writes, that the crowd is a land in which the microbeis spread very easily hurt, and in which the microbe good almostalways dies, not finding the conditions of life; this is because in amultitude of individual faculties good, rather than add up, cancel out."They cancel out, in the first place, for a natural necessity and, say,arithmetic, as an average of many figures can not, obviously, beequal to the highest among these figures, so an aggregate of men cannot reflect, in its manifestations , the higher faculties, own some ofthese men; it will reflect only the average faculty who reside in all orat least the vast majority of individuals. The layers of the latest andbest character, would the Sergi, those that civilization and educationhave been able to form in a few privileged individuals, are eclipsedin front of the middle strata which are the heritage of all; the sumtotal of these prevail and the others disappear "[110] .

6. -The observation of Sighele and Sergi is acute; but it doesnot seem that the explanation put forward is very clear. Why the bestindividual qualities are eclipsed in front of the middle strata ofcommon men? The reason is the higher energy organized by thosestates of consciousness, which, pel time and strength of naturalselection organic, acquired greater compactness and unity. The trunkof a tree is more resistant to the leaf and the flower, the last to appearon its branches. The prevailing quality and exceptional individual, incomparison of quality and layered core of consciousness, have lessgrip in the transmission of their energy on the bottom of the soul ofthe community. Hence the force of custom, customs, commonbeliefs, prejudices. The crime is very often the result of feelings andideas germinate in the environment fake moral principles, of

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erroneous beliefs, rash and blind passions. The crowd is insoprammodo victim of this moral environment. The suggestions,advice, the action of the privileged few do not come to shake, tobreak the evil layer of common consciousness. On the contraryhappens, nor is it rare for a natural dynamic law of absorption, thefew end up giving in to most people, not just because it materiallypowerless to resistance, but because their energy, transfused in largefull energy of others, it is transformed and disappears swept bycurrents which will fundamentally alter the nature. Let impure in thecurrent of a river falling a quantity of pure water, it quickly loses itspurity, and will eventually identify with the great mass of liquid withwhich to be confused.

It's law constant, that energy, whether physical or mental, placedin contact, they tend to penetrate and unite. The center of attractionin prevalence, or the core of the new aggregate, is fixed to theaffinity of similar energies; the result not only includes the sum of it,but it marks the degree of identification .

7. -In crowd is to be appreciated, in particular, the state ofemotion. The emotions, being composed, intensify and grow. Whichoccurs in direct ratio of individual incentives and in inverseproportion to the controstimoli eliminated or attenuated by theenvironment of contrary trends in prevalence.

The emotions of the crowd at first arise with character depressive, finally take on the character of exaltation . I'm depressed icontrostimoli of calm, order: then there is the sudden and impulsiveactions incomposte. The pace is uneven: the chaotic state ofconfusion or which disturbs the conscience and makes everyone,uncertain, waver and verse in an unstable balance of feelings andideas, occurs the ebb currents active, staring at one or more centersof emotions , end up with the new aggregate to give the countenanceand tone of unforeseen acts. The exaltation has the effect ofsuspending the autonomous operation of each consciousness: on theminds of the aggregates is spreading a diaphanous light and sad, yougo to a gathering cloud, which, when the viewer takes away the easeof distinguishing traits and the physiognomy of each participant,eliminates the individual initiatives and confuses and identifies theproduct unit synergistic.

The criminal action, for those who ignore the genesis motives incoming or far, has the appearance of lightning burst: it surprise youwith rushing phases; has no other limits than in the accidental

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difficulties of the moment; flowing with frightful rapidity of thecurrent stormy, and when it reaches the end, leaves behinddestruction and squalor, but not proof of who should be calledresponsible.

8. -Talora the exaltation, for favorable circumstances of time, soinvest the soul of the crowd to give rise to a true form of psychosiswith influence epidemico.-Rossi-for depth and originality of views Ijudge the true founder, in Italy, the collective psychology-so writes:"A feeling or an idea that is spread with a speed greater or less; youconquer, more or less speedily, many people who believe it firmly,strongly, is a psychic epidemic. " It is therefore "a state ideo-emotional to one or a few spreads to many in a quick and intense toproduce a stoppage in the flow of consciousness, and to dominate,giving rise to strange phenomena of psychology and neuropathy."The elements, then, of an epidemic or of a psychic contagion arethree: a state ideo-emotional, an abnormal diffusion, an arrest and aexaggerated in the field Consciente able to generate abnormalcondition of the body and the psyche. We said "a state ideo-emotional ', ie a state of consciousness, since a single idea or a singleemotion would not in itself the power to determine a state ofconduct, a fold of what that character by an epidemic psychic.Which, to those who are invested and dragged, as it gives a newpersonality. Now this is not the case, if the content of the psychosisepidemic was not a thought and a feeling, since it is well known bynow that the character is given no less by the feeling that by thought.Moreover, as we said repeatedly, those that make the most of thecrowd of people are amorphous or partial-characters, that is, or is notwell defined or incompleti-; while meneurs are, depending on theclassification of Ribot, the characters' subsequent active orcontradictory. " And the one and the otherwise meneurs and crowd-to form a new personality or to change the old, need to be infused intheir whole being; han need to rebuild or create their character andthis-you know-is no less thought that feeling, idea unless emotion "[111] .

The contagion of passion paralyzes the right to wait in peoplewho for other contingencies, han been shown to have the power torestrain or direct the wishes, desires, beliefs of the many. Thecommotion or disturbance of the general mood makes you lose sightof why a light in its operations: the impulse currents and repulsivedominate the visual plane of the mind; since the self-preservationinstinct is weakened, because it seems that everything is about to

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collapse; that laws, customs, interests no longer have value, that lifeis at the mercy of an event or hoped or imagined or feared. It is theeffect of the hurricane, which disrupts everything it meets, breaksdown the crops and trees, sweeps, shuffle, drag and falls into chasmsfar as he is offered before; which occurs especially in cases ofcollective explosion of emotional states. But there are otherexamples, in which the idea, the feeling is systematized slowly, Isthere a period of incubation and one of bloom; during the firstaggregate is organized, the second has a life all its own indeliblemarks and imprints. Wonder, and at the same time arouses horror, tosee to what point can reach epidemic contagion of beliefs, prejudicesbetween people at different times and that although, under anotheraspect, remain admirable in the history of human civilization! Itsuffices to mention the epidemic of beliefs, aka XV and XVI , inwitchcraft, with its kit of occultism, to convince himself of howmuch damage to the humanity will return the prejudices and falsebeliefs in the event that you spread disorder and acquire the power todarken the conscience of the community. "Such beliefs-writes theCanterbury-you kept sideways in the middle ages, so that they arefull legends, in which he confused mysticism and the wickedness,the terrible and the grotesque; repulsate by legislators and doctors,but kept tenaciously by the common people, until they came tomingle with that mushroom farm of the occult sciences: the Northyou joined the tribute of their sagas and Valkyries and OLDI andgnomes and elementary spirits; Arabs do their "[112] . "High-Germany continues Cantu-so inclined to mysticism, erasi thewidespread fear of witches; waves Innocent VIII in 1484, thewithering of very severe bubble, and sent two inquisitors, proprietorHenry and James Sprenger, with the power of settle such infamieswith what it means. Supported by Maximilian I, inquisitors theyboast of having sent to death quatrocentotto in five years in thediocese of Constance; only in the electorate of Treves, says Mohsen,were processed in a few years, six thousand five hundred people forwitchcraft; massacred many in Flanders 1459; in Geneva in threemonths if they condemned more than five hundred, convinced; Spainand France they were bloody. Peter Crespet says that at the time ofFrancis I, v'avea hundred thousand witches; but Trescale, 1571 andhad condemned the impunity, confessed that they were much more.Nicholas Remy, deep criminalist and a great jurist, intimate adviserof the Duke of Lorraine, has over fifteen years have made dietwentieth century: Henry IV said that he would send fire more than

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six hundred only in the province of Labourd; in Silesia in 1651 theywere burned two hundred; cencinquantotto in the years 1627, and 28in Würzburg, including fourteen treated and five canons. In Italy itseems, for this disaster, especially signaled the diocese of Como,whose inquisitor in 1485, forty-one of them burned; and BartolomeoSpina claims that more than a thousand in a year there isprocessavano, and more than a hundred bruciavansi »[113] .-Therewere some independent spirits, and devoid of apprehensions in thefight, now openly and now under the veil of religious faith and livebetter lit errors so much harm to humanity; up to the famousReginald Scot, who denied that the devil can change his course ofnature. Tortures, burnings moltiplicavansi everywhere; the popularimagination was energized, nourished by public sermons, byfumigations and anointings, secreted by the process terminatedalmost always with the patient's confession extracted by means oftorture. When you think about the effects of an epidemic mental life,perhaps, until a few years ago, one is struck by the profound doubt ifmany beliefs reputed scientific and irrefutable today do not have abasis in the work of suggestion and illusion, and if you really thatwhich we call upon the truth, that is not the product of a subjectivestate of consciousness stroll!

9. -The quoted Rossi notes that "the crowd receives imprint, inits manifestations, from those who compose it; amorphous masssometimes, sometimes not for what concerns the character, and onwhich the meneurs throw the huge shadow of his psyche. Waves ofmob action stems from a meeting of meneurs and men in active fundto fund other inert plastic, easy to be dominated and depending onwhether the assets are intended for good or evil, they are normal ornot, l ' action of the crowd is good or sad, normal, or criminal. Nowin the crowd criminal, as well as the meneurs we saw what may be,prevail born criminals, the insane, the habitual, which lead to themurder, wrapping, in the spheres of a criminal passion, theamorphous, the freaks, the partial and making criminals of passion "[114] .-The observation is very true, however, requires that it becompleted. It is true that the meneurs ,, influencing the crowds, theygive some form, most often criminal; but it is also true that they areinvolved in the coils of the soul of the aggregate, and depending onthe nature of the latter unconsciously shape their beliefs and theirpassions. The environment, of any species, is dominated by thepower of the predominant energy of individuals, but these, in theirturn, are the result of the environment istesso: what could be

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simplified in the law, that between individuals and the crowd, Isthere relationship of mutual influence; with this singular, that theultimate strength is equivalent to the sum of the forces competitors,and the address of the action is stamped by the thrust of theindividual whose activity suggestive binds the activities of membersof the aggregate.

10. -Among aggregated forms of crime, which most attract theattention of the psychologist, it should be noted the conspiracy . Thenative legislature, reproducing the dictates of the law followed at alltimes, with the art. 248-251, wanted to regulate this form of crime,which, though not at all due to the influence of civilization should belosing more serious mode so frequent in former days, however,raises great concern, as it contains the greatest threat against theprivate law and the public order. The associates for conspiracy,namely, the right definition not very happy but perspicuousZanardelli, those who join, not to commit this or that crime, butgenerally a series of delinquencies, to almost, so to speak, the craftof the offender, are close to each other by ties of common feeling,thinking and willing, and aspirations, that they may be animated,they can form multiple energies of one energy, almost bodycomposed of the fusion of bodies and competitors penetrated bypowerful force cohesive. It is not, therefore, as in the crowd, that thedynamics of feelings and ideas suffer the antagonism and thealternative of action and reaction, for the accidental fusion ofenergies of similar or different nature; but the energies associatedorganize and unify with more spontaneous and strong ties, justbecause of a similar nature and among their relatives after mutualselective processing.

The psychology of any kind of criminal association proceeds byvirtue of things energies latent and immanent action of absorptionenergies manifest and present .

Contingencies favorable predisposing the environment to acceptand bring forth the microbe of the crime associated with it. Ithappens in a city, a region, for reason of family occupations, anindividual broke the habit, prone to do evil. Acting as the nucleolusgermination of evil, he begins to surround himself with people whopossess similar qualities to her; more often than young people, thecapacities more expansive, mind and better accensibile Tilting to bewon by the mirage of imitation. The imagination of newcomers isaffected by the attraction of mystery; tempers are solicited from the hope to win without great sacrifices and hard effort, a place of

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respect and prestige among 'mates; the virtues of their leaders,highlighted by stakeholders exert the charm of the legends: little bylittle, to the confluence of foreign elements, it forms a specialconsortium, which, at first restricted to a few, and afterwards in thewider sphere, shakes affiliates in small world and flatters and drawsothers to make you part, blandendone the will with the promise ofsweet prizes, reinforcing the innate tendencies with the desire andthe power to facilitate their expansiveness and make it easier to aimhoped. The obligation of the secretion, the passive obedience,because of the ignorance of the orders or commanded actions; andbesides, the story, susurrato learned on the sly, of companies, ofadventures strange passion of his companions, who are beginning tomake an impact; pleasure to surprise the good faith of others to rapethe domain of believing outside the empire of the law, rather thanlaugh at the prestige of its functioning, there are many incentives thatthe association of the crime takes consistency, put strong roots, weexpand, it imposes.

The latent energies and evil of the associates grow: up winningthe resistance of the controstimoli ethical, social and legal, youraffermano, and, at first uncertain of themselves, they end up securetheir power; until, seizing opportunities, producing its first fruits inshares or disorderly or vicious or criminal. The constraintsinterposed between individuals drawn to evil, rather than by clearintentions to work suggestive of communion and uniformity oftrends, spent some time, they become closer and more sales; nonemain reason the consciousness of common interest, mutual trust informing the intent purpose or purposes of a union animated andsupported by some well or from the accumulation of propertieslocated in the base of the new aggregate.

11. -Two key coefficients to be mentioned in the associations tobe composed of narrow bodies, with slow process, from criminalpurposes can be performed in a hierarchical order and obedience; theshape and esplicamento emotions, and the complex of ethicalprinciples qualifying actions.

Those who have studied some of the vast criminal associations,which, as is that of Mala life and the Camorra , flourish in largecenters industrious and commercial, will be able to observe howtrifling among the members currents are established morbid passion,that blind and drag to the crime for reason of jattanza, better than forintent of serious interest and usefulness: revenge, the spirit ofrevenge, oppression simulated under the semblance of right reaction,

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are unreliable reasons to explain why the logic of acts of which is thetrue cause of the burial, in the sense of civilization, in the habitcontracted to be dominated by low passions, which extinguished theidea of duty, security, respect for human alike. In the scale of moraldecadence of man, the last step is marked by the complete absenceof feelings of order or care of their welfare in accordance with thelaws Protecting the welfare of others: the constraint of sociability,solidarity is broken, and the individual, collecting efforts in thesupreme effort of selfishness, plunges into perdition!

The habit of miscredere the force of morality and law,abbiettezza contracted consortium without resources of personaldignity, abandonment passive blind to the will of others, imposed bythe idea of hierarchical superiority, they end up wither the soul ofoffenders associated with the source or remorse or repentance,generating a state of unconsciousness supine, indicating completedissolution of morals. Unless the leaders, the mass of followers isundifferentiated, amorphous matter, irreducible: the crime you want,or for takes more instinctively jattanza that suggested by necessity orsufficient reason; and that is how the aggregate of cotesteassociations, formed with slow process and effect of latent energiesarranged, not submit to the sociologist or the magistrate verun plancertain evidence or arguments in order conclude the eligibility of allor part of prevented, and enable us to measure the degree ofresponsibility of each.

12. -In crowd, agglomerated and driven by sudden reasonpassionate, Is there a collective soul that vibrates and imposes itself:not so in criminal associations, of which we are speaking. Lackingthe absolute unity of purpose, and frazionandosi individual wills incriminal acts and sol isolated from their families by uniformity oftrends, the energies are in harmony in a little compact series, heldtight by the suggestive power of the power uncompromising andabsolute in the order of hierarchy. Loyalty, integrity, ostentatious atall times, appropriately or inappropriately, are among the membersthe easy excuses for coonestare acts abhorrent, disgraceful even forthe word honor is used as a shield of defense against the just claimsof the intimate consciousness of warnings of the moral threat of thelaw. The spirit of such unfortunate habitual, widespread on alltransactions good or blameworthy for their existence is to make aslight pessimism and indifference to mutable character due to lack ofsensitivity, usually physical, moral routinely. Simulators anddissimulators, it is not unusual for prosecutors and defenders sien

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taken for them by the feeling of sincere piety, thus alleviating theirguilt with topics which arise from or doubt on the evidence ofresponsibility, or the conviction to be miserable, instead of criminals.

For disillusioned, just-in-process, finished inquire of theimpression produced on their minds by the mildness ofcondemnation or by absolution: the repulsive sneer, ridicule cynicalaccompanies the judgment of the magistrate! -Ricordo Of a famouschief of the Association of mala life , sentenced to slight penalty forshooting weapon in a fight, ever other crimes: in about an hour'sinterview, the day after the hearing, laughed, laughed uproariously,saying that the judiciary should reform itself to send home (hiswords ) men as the inept Mr. President, who had become duped byhis demeanor and his offers of innocence! ..... And to say that, at thehearing, the cunning had so well simulated everything myself, andthe audience with me, I became convinced of the sincerity and truthof what was claimed! ...

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CHAPTER XII.

The life of crime.

1 Vita individual and collective delitto.-2. Historical life ofdelitto.-3. The requirement in the appearance of the crime; Boviotheory: the law of continuity in the phenomenon of delitto.-4.Coefficient of quality and quantity in the vital process ofdelitto.-5. Causality and uniformity of phenomena; methodicaland scientific content of the statistics; criminal psychology andstatistica.-6. I object of crime statistics: value evidentiary lawsstatistiche.-7. Fundamental principle of the calculation ofprobabilities applied to the life of crime: rules relating to thenumerical data of the static and dynamic laws of the crime;Ferri's opinion about the influence of various factors in thedetermination of the criminal offense; confutazione.-8. Criteriato be followed in the calculation of probability of statistical datacriminosi.-9. The psychology of criminal ethnography, its taskand its main obbietti.

1. -The crime, not a natural phenomenon, has a life of individualand collective life and history. Individually, the crime appears itgerminates and action of disorder caused by static and dynamiccoefficients of atypical nature of the anthropological and functionalabnormality in the evolutionary process of dissolution of motives orexternal or internal. The examination made by us, the states offormation and development of Cotesta process and allows us toconclude that the crime, from the genesis cenestetica theconsummation exterior, is not that esplicamento form of energy wehave appealed criminal . We have, therefore, in the crime the twoextremes necessary to the vitality or reality of any naturalphenomenon, an energy in place , and the limit , space and time ,within which it is performing. Also, from what we have done in theprevious bosses can be deduced that the vital activity of the crimefrom the individual projects himself into the community, either bythe impact of the damage private and public, for the possibility ofvarious forms of in the organization aggregates. The criminal energyis the way of work for both individual actions, which for collectiveaction: in either case obeys the laws of mechanics, the expression of

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which is fundamental in the principle of causality .2. -The crime, in the end, has a historical life. The historical

factor, acting with the combination of the coefficients forming theirown environment, prepares the criminal energy to manifest itself in apreference for certain effects than others. Hence the change in thekind of crimes according to the times; the death, that is, some ofthem for the transformation of historical climate or the interventionof new elements of progress and civilization; attenuation of othersfor the elimination of the causes waves were first made more severe.

The individual, society, history, here are the three steps walkedby the crime as it affirms its vitality. And this vitality, be it noted, iscontinuous , by the law of permanence of energy; and alteration,wherefore marked in appearance, do not deprive it of the identity ofcontent, as in the indefinite variation of shapes, it retains the noteculminating dell'esquilibrio psychophysical and functional anomalyanthropology.

The classical school, abstracting the concept of the crime fromthe natural reality, it created a legal entity ; positivism, starting fromthe notion of the unitary or monistic nature, seen in the crime vitalityaccompanied by the character of necessity and permanence. Ofnecessity, because it factors in the individual, collective andhistorical act by virtue of causality; of permanence, because thecriminal energy connects to the general law of conservation, withequivalence of energy in general.

3. -The Bovio had the intuition of the influence of necessity onthe appearance of the crime. He divided this need in natural,historical and social. Recalling the three possibilities of the offenseaccording to the school of the jurists, that is to say, the possibility offraud, the possibility of damage and the ability to transmute theintent to harm, asked, "is this accomplished doctrine of chance, or isdefective, Abstract, unilateral , ruled by blind assumptions of an oldand bolsa metaphysics? I wonder: the possibility subbiettiva is allindividual dose or walked into more or less dense the need natural? Iask again: the objective chance comes in and how much of thehistorical necessity? I ask finally: the possibilities and enforceableupon entry as the social need? The need , in sum, it is something ornothing in the history of man, of which the offense is a large part ofit? It would be, therefore, very desirable that in addition to thosethree choices they had seen these three needs. But no: -si alwaysbelieved boundless freedom, jealous of himself gallantly and

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disdainful of every need; it was believed the human individual at allautogenetico, autonomous and product of one factor, of itself alone;But those were devised and three great lies that were called threeoptions »[115] .- "Nature stops the fate of every kind, not excludingthe human physiognomy and character and gives to each person soas to each of the people from carrying out their own destinyasseguire character for this drift in which is a social necessity;therefore the need for social and historical necessity is derived fromthis by the natural. Every freedom comes from a freedom; everyneed from a need: freedom is necessary; the need is free. The codesdispaiano this deep harmony of opposites, break the dialectic of theworld, divellono freedom from necessity, the individual from thepeople, the people of the time, the time from nature, and by a factorbelieve find the product historical and social "[116] . In conclusion,Bovio, proclaims that in every crime accomplices enter the nature ofthe society and history , as well as the individual will.

So be it. But Bovio, not peranco freed from the influence ofsyllogistic system, believed to have shaken the foundation of theright to punish only because in this enter elements that profoundlyalter the ways of application. And that is never a need sceverata bythe law of continuity of the phenomenon ?; that the raison criminaldissociated from natural causation, and from the mechanical law offemale drivers of the phenomena perceived by us? You can evendeny the proportion criminal, and say that it, being between thecrime and the punishment, which are heterogeneous terms, isinherently absurd, but the crime does exist, and there is a social needto fight and mitigate, if not eliminate, the effects.

The phenomenon, human or purely material, in itself and withinthe limits of knowledge has no existence absolute, but relative.Relative is the partial energy with respect to the universal force; ison its way to be and to appear; concerning the manner in which weperceive; on the knowledge of its past and of the future. Yet, in suchrelativity, Is there not perhaps a touch of course, permanent? Thesame is the crime: his being individual, collective and historicalsteps are, wherefore influenced his way: vitality, which is his own,is, in the criminal energy, one of the many guises so universal forceis realized, because the dynamic and logic of phenomena esquilibrioand anomalies, the stretch of darkness that obscures, at times, thelight that enlightens and beautify our earthly existence.

4. -The conclusion of the ideas expressed above is as follows: the

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crime, having a life, with subsequent steps in the individual, thecommunity and social history, it must of necessity be affected by thestatic and dynamic coefficients which, qualitatively andquantitatively, govern its birth and its development. Two species ofcoefficients, so must there be in the life process of the crime; acoefficient that relates to the quality and one to the quantity of itscontents intrinsic and extrinsic: the quality and quantity based, in thesame phenomena, the element static and the dynamic. It is staticelement of the crime what it continues through the forms takenduring the different phases; is a dynamic element that changes inappearance and deed, or that is related to the effects multiform andvariable in the violation of individual and collective rights. The staticcomponent is inherent to the specialty of criminal energy, which hasthe essence in the state of esquilibrio and nell'anormalità sharesdisturbatici of the social order; the dynamic element, then, it appearsin the series of acts of conscience, who prepare, accompany andfollow the stages of psychological and physical functioning criminal,individual or collective, is not that the forms successive wavesdelinquency fades, serious, is transformed during the course ofhistorical progress or regress.

5. - "From the general causal law-writes the Tammeo-drift as adeduction from the general uniformity of the phenomena, which, inturn, results from the coexistence of partial uniformity. This meansthat the general course of nature is uniform, because smoother thecourse of the innumerable phenomena which nature is composed.Given certain conditions, it is necessary that particular effect, and,conversely, any phenomenon is necessary as it is manifested; whichmeans that it would have been different if the causes that produced ithad been different. This would seem a vulgar notion; Yet this is notwhen you see that almost all the judgments about social facts forgetto consider them as necessary consequences of causes immutable.The causal law explains the uniformity of phenomena, that is, themechanism of nature and of social facts "[117] .

Causality and uniformity of phenomena: waves in the social factsthe criminal energy, the vital principle of immanence andpermanence of the crime, it must be learned and demonstrated by theobservation about actions, which in their characters and abnormalesquilibrio retain the necessary machinery for the production of 'anynatural formation, or entity that is. Therefore, the numericalcalculation in the large masses of data observation, when have Iobject to the finding of spatial or temporary vitality of the crime,

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must not only be considered by the method, but on science.It's from having neglected the true principles of statistics,

however hard that the debate between those in which it does notrecognize only one method, denying the nature of science (Lo Savio,Guerry, Körösi, Lilienfeld, Gumplowicz, Benini, etc.). and thosewho recognize in it a science and a method (Mayr, Conrad, Engel,Rawson, Block, Wagner, Bodio, Ferraris, Gabaglio, etc.).[118] .

The grouping and enumeration of social facts, despite being theresult of accurate detection, will never be sufficient to teach anyscientific concept, if not Sieno lumeggiati from truth and lawspreviously learned and derived from universal principles andinconcussi. The statistics, therefore, help us to understand why theconcept of the life of crime, that matter is not limited to simple datacollection and comparison of data; must integrate with the rulespsychological criminals, ie it must know how to relate to the generallaws of mechanics psyche of the offender, or if such person isstudied in isolation, or which forms part of the collective aggregate.

What ever the marvelous spectacle of the worlds of living forthose who do not know that the outward appearance phenomenal?-For those who do not understand the intimate laws, and do not knowhow to rise with the thought that unity of the universal force thatexplains everything and simplifies the overall concept of theconservation of substance? Which are never the numeric digits inthem for those who can not read, in characters so dumb, buteloquent, the psychic process of the crime, the natural formation ofanthropological factors, physical and social?

The probability of statistical laws acquires certainty because ofthe perfect comparison and integration with the truth inconcussesciences to which they belong processed data. The crime statisticshave to resort to our discipline, if you do not want to err in itsconclusions. You want an example? Let us suppose that in a givenlocation, given in time, the average of the crimes of blood increasesrapidly. The statesman will mark the phenomenon and to explain it,recur, hypothetically, the increased consumption of alcohol, foraccidental situations of bitter political fights, the deficiency of publicsafety, the failure rate of emigration, many times safety valve facingindividuals displaced and in need of work or major expansion ofactivity.

What will be the conclusion? That all coteste causes have beenable to influence the determination of increase of crime in the blood;

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but how, why? The criminal psychology, acting for this purpose, willstudy the psychophysical process of increasing special crime, thatwill tell you how the data coefficients social act, becomingindividual energies, to excite and invigorate trends, latent or actual,criminal; to alter states of consciousness, give rise to uncontrollableimpulses, creating the environment of moral delitto.-I mean, for us,the statistical method and science because there is no method todemonstrate evidence of the useful observation and inductiondirected to gather facts known numerically waves rise to definitiveconclusions: it is science as it serves to simplify the quantitativeaccuracy of the rational canons belonging to disciplines in whichthey relate the data collected in large masses.

6. -Intesa so the statistics, well it is concluded that she shouldsussidiarci in the study of the life of crime.

The energies criminal, activities disorganizzatrici social order,taken in isolation, or in the individual or the community, form thecontent of criminal psychology; studied quantitatively in the mediatime and place entering the domain of crime statistics and teach us: a) how and why the psychic event of the crime, expanding theactivities within the large quantities of numeric digits, reaches acertain degree of intensity of criminal energy, b ) how and why themechanism, static and dynamic, temporary and accidentalcontingencies of spatial influence to give direction to the trends ofcrime; c ) how and why we should resort to the choice of certainmeans, preferably, to prevent the highest increase of causespredisposing to crime.

The statistical laws do not express the needs of the event; but theapproximate degree of probability . Their content is eminentlymutable conditioned environment of social factors: that is whyRümelin refused to grant to them the value of laws in the absolutesense of the word, and together with the Mayr calls regularity andnormality .

Nevertheless, even in the limited sphere of probability, the lawsof statistics, when Sieno preceded by induction on facts gatheredwith accuracy, have important logical value; because, within thelimits of subjective knowledge, serve as a subject in order toassorgere insights, which sometimes have the effect of divinations.Herschel wrote: "the term was invented chance , an item whichproves our ignorance of the events and analysis of efficient causesthat lead necessarily the next steps for whom they happen, not in a

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general way, but rather special and personal to those who uses thisexpression, for which a physical relationship, a historical exhibition,a future event may have very different degrees of probability to theeye of the parties otherwise informed of the circumstances of thecauses in action, the reputation of the veracity of the authors thatmake it testimony, or the opportunities they had to learn the facts inquestion.

"The probability scale, considered in its greater length, evidentlyfrom stendesi ' inability to some of the event in question, thecertainty that it will happen. The total interval between theseextremes, each of which is a complete knowledge, is found occupiedby degrees more or less high or low of expectation or belief,determined by means of the partial knowledge that is given us topossess, and may be regarded as a natural unit, which can be dividednumerically in fractional parts, exactly as the interval between thefreezing point and the boiling water on the thermometer scale, can bedivided in aliquot parts or degrees. Actually, there is a measure ofnatural numbers a mental impression, as there is for the bodilysensations; but in both cases we are certain that the higher grades ofthe numerical scale may well represent the greatest intensity ofimpressions, and in all there are two tests that accretions equal to apurely ideal element for the one, and it may be substantial for theother, correspond to numerical diversity equal in scale, and that theabundance greater or less of this element determines in a way oranother to the degree of strength of the imprint of which is "[119] .

7. -The calculation of probability was founded by Pascal andgradually perfected and done by Fermat, Leibniz, Huygens, Hudde,Halley, Buffon, Bernouilli. De Moivre, Laplace, Quetelet, etc..,Applied to the observation of the laws relating to the life of crimemust be based on the principle that in the evolutionary process ofpsychic formations, in compliance with integrative or disintegrativeeffects of the social order, the permanence of the energy in act,transforming, preserves qualitatively and quantitatively theeffectiveness of recur if given favorable circumstances concur .

Set the starting point, or the stability of the effectual energy, it isa logical inference, that the probability of re-emergence of some sortof crime is not that accidentally the effect of predisposingcircumstances, because, in essence, it rests on the work constantenergy muffled criminal or disappeared, not destroyed. In short, thecrime statistics must, first of numerical calculations, to determine thedynamic foundation of the crime or of kinds of crimes; the first

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question is this, Is there at this people, in this region the proclivities,attitude, showing that the species of criminal energy of their bloodycrimes, theft and so on? The affirmative answer must not be givenby the figures, if not agree with the notion of the cases discussed firstin isolation : the fact of increase or decrease in homicides may be thework of accidental and transient murky political banditry, localconflicts; who would ever say the quantitative calculation about it?

Transported in findings numeric static and dynamic laws of thecrime; progressive or regressive applied to the life of crime overtime the rules that accompany the oscillations of the individualconsciousness of crime, and you have the key to the waves go,without fear of getting lost, the labyrinth of the intricate humanactions in contradiction of morality and law. In doing so, however, itshould be regardless of 'individual cases: the Quetelet, responding todimanda, if human actions are subject to moral and intellectual laws,he wrote: "it would be impossible to resolve a similar issue at theoutset : if we want to proceed in safely, you need to investigate thesolution nell'esperienza.-We must, first of all, to lose sight of theman taken in isolation and consider it only as a fraction of thespecies. Strip him of his individuality, we will remove everythingthat is not accidental; and individual peculiarities, which have littleor no action on the ground, it will erase itself from them and allowyou to grasp the general results »[120] . Of the same Quetelet it isworth remembering the infrascritte other observations: that it isdifficult to determine the division of human forces and materialforces that act in the phenomena; what is frivolous you can see it isthat the laws of the material world change infinitely more by theforces of nature, that man's intervention in general ; and still more,that the action individual man can be considered as nothingsignificantly[121] . As long as these are phenomenal change in laws Iam in agreement with Quetelet; and I agree in having regardless, forcalculations of probability, from individual cases, but it would beunforgivable mistake to exaggerate the theory until a clear, logicalorder of social laws, mark the initial and final individual action. Thefamily, society, the nation that are not abstract concepts, logicalinterest of mere subjective; real, Is there not the individual.Similarly, it is in the knowledge of the life of crime; the social-historical phase, after all, is not that the fulfillment of the individualphase: in summary, it is represented by the complex of accidentaltemporarily systematized to produce, in constant forms, the increaseor decrease in the effectiveness of the vital energy with crime. The

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criminal action, it is not conceivable without the subject which isinherent, it is not even noticeable unless you perceive as the effect ofa single energy , the dynamic center of the competition coefficientsaccidental and due in the first place.

The Ferri, examining the influence of various factors in thedetermination of the criminal offense, he wrote: "When we arewitnessing the movement of the crime for a given number of years,in this or that country, with an overall rate of increase or decrease, itis not not even conceivable that this is due to similar and consistentand accumulated changes in the physical and anthropologicalfactors. In fact, while the absolute numbers of delinquency are farremoved from the present that stability, which was greatlyexaggerated by the Quetelet on, the proportional figures instead onanthropological factors, for the competition of different age, sex,marital status, etc.., In the movement criminal, are actually smalldifferences, even in the long series of years. And as far as thephysical factors, though with some of them we can tell, as I haveshown elsewhere, the rapid variations, in certain periods, butapparently neither the climate nor the disposition of the ground, northe state meteoric, nor the succession the seasons, nor annualtemperatures may have suffered in the last half century theseconstant changes and generals, who are not even from a distancecomparable to the continuous increase of crime, with a relentlessseries of real waves of the crime, which now constateremo in somecountries It is therefore of Europa.-social factors, those 'other causes,such as Tarde says, more or less easy to estirparsi, but of which youare not worried enough, "that we must ascribe the general trend ofcrime, Also for these other reasons. First, that despite the changesthat occurred or that may occur in some anthropological factors,such as the competition of various ages and sexes of the crime andthe greater or lesser freedom of explosion left to antisocialtendencies, or congenital insanity, dependent for rebound,themselves, by social factors, which are the institutions for theprotection of abandoned children, the industrial labor of children, theparticipation of women to the outdoor life and commercial securitymeasures to preventive or repressive segregation of dangerousindividuals, and so forth: and are therefore a mediated effect of thesame social factors. Second, because, these social factors prevailingin the delinquency of opportunity and acquired habit, and thesebeing the most numerous of the total crime, it is clear that it is up tothe social factors in most of the trend of upward or downward,

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marked by delinquency in a long series of years. So true is this, thatwhile the major crimes, especially against people who represent thatmainly congenital delinquency and insanity, they offer a consistentpace, truly extraordinary, with slight increases and decreases, thegeneral movement of the crime Instead, she gets her countenancefrom those small but very numerous crimes against property,persons, public order, which have the occasional nature, and, asgerms of the criminal world, more directly dependent upon social»[122] .

First we talked of the influence exercised by the social needs ofthe crime. The company, a communion of goods and evils amongindividuals who partake of them, is the source of the conditions andmotives of the crime; is the soil in which germinates the microbe ofthe crime. Big mistake, however, would confuse the land suitable forgrowing with the power of germination of the seed scattered in it.The social factor is secondary in comparison to the anthropologicalfactor; the criminal event is psychic effect of the individual, outsidethe sphere of which the dynamical laws no longer fall into the rangeof human phenomena, but in the series of material phenomena. It isfor the individual and the individual forces, physical or social theyare, they make up and are unified in conscious psychic formations;the offense is one of those formations. This, also, is proved by theargument, that the extreme damage, public and private, produced byour actions, draws the character of punishment, or because of merecivil refundability, the subjective element of the fact. Therefore, andas a dynamic genesis, that the effect of harm, the crime is primarilythe individual factor on the anthropological social factor. Theobservations which contradict some of the conclusions to which theFerri reached.

8. -Dall'individuo to the company, the company history, the lifeof crime, with static and dynamic pace of increase and decrease,with time effects integrative processes of physical and mentalimbalance and now dissolutivi personality remains consistent withorganization and effects.

The statistical significance of the science and method, aims toprepare ourselves numeric data and laws in order to learn about thevital processes of crime within the limits of space and time: becauseshe will be successful, must not overlook two things: a ) the logicalmeaning to be attributed to the calculation of probability of criminalincidents, b ) the terms of delimitativi Cotesta calculation.

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Laplace said the probability is related in part to our knowledge,and in part to our ignoranza.-Ed also said, "all our knowledge thatare not likely; and the small number of things that we can know withcertainty, in the same mathematical sciences, the main means ofreaching the truth, induction and analogy, are based on probability. "[123] -Maybe more accurately, our Mario Pagano said: "The kingdomof the probability that borders on certainty, but it is divided fromthat. Most likely you have for sure, but is distinct from that. Inprobability the mind sees neither intuitively the truth, nor necessaryfor demonstration, but for conjecture, which, more or less, you canapproach the demonstration. In this mind intuitively see thenecessary connection of media idea grab the ends of the proposition,so concludes the necessary connection between the two extremes "[124] .

Considered that the degree of probability of events is noticeablebecause of the competing arguments to increase in us the possibilityof the state of certainty, it is concludes that the more Cotestiarguments must be on inconcusse notions of principles and naturallaws at all, just as must influence to stop us in the conviction ofcertainty logic of events.

In the statistics of crime calculating probabilities must, first, bebased on the knowledge of psychological laws, individual andcollective, of the evolutionary process and the event of dissolution ofthe crime; which knowledge will facilitate the work of datacollection and there faculterà the best choice comparative of thesame. Neither enough: the probability must extend between twoextreme limits of knowledge; the first, subjective, consisting of thesynthetic notion of proper laws of criminal energy ; the secondobjective, consisting of the provisions of criminal law, enclosing thesimplification of different kinds of crimes. But, because it complieswith all this, the crime statistics, rather than abide the law, or ratherthe means of large numbers, must take care to make his observationson the aggregation of cases studied with the light or with the criteriaderived from the laws of criminal psychology. The increase ordecrease for this or that reason social is devoid of scientific value, ifyou do not know the dynamic action of reason on the genesis and theorganization vital and permanent crime in the social or historical. Itis desirable, therefore, between the practical means used by thestatistics, adding a final judgment or synthetic because of the crimeand how Siasi came in producing biased: lest, picking up after aperiod of time all Cotesti judgments, we have the knowledge of

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equivalence of the psychic and social dynamic factors of the crime,and scovrano laws waves the criminal energy remains vitalorganically through social forms and historical.

9. -You to add, in addition, that, in practice, the rules of criminalpsychology generally insufficient to be able to illuminate thestatistical work: Relativity enough note of the manner in which, inplaces assigned, the offense works, we learn that, to obtain statisticalresults probably correct, needs to be known, and previously well,criminal psychology ethnography of the region on which they fall toour research.

It is appropriate here to mention two Quetelet's observations:first, that the plants and the animals seem like worlds, obey theimmutable laws of nature, and these laws have occurred, no doubtwith the same regularity for some and for others, without Remarksby the man, who exerts himself over and above all that surrounds areal disturbing action , the intensity of which seems to take placebecause of his intelligence, and the effects of which are such that thecompany could not resemble each other more in two differentperiods[125] ; -la second observation is, that man, in society, is thesame as the centers of gravity of bodies; it is the media whichoscillate around the social elements; will, if willed, be a dummythrough which all things happen in accordance with the averageresults obtained from the company[126] .

The man is disturbing force dell'imprescindibile operation of thelaws of nature, and it is also the center of gravity of socialphenomena. So the first and foremost task of the criminalpsychology ethnography is to examine the genesis and developmentof the process of disruption of energy considered criminal center ofgravity of homogeneous social elements in given location . That taskis complex and resolves in infrascritti duties: a ) exact description ofthe selected region to assess; relief of all the physical data that haverelation with the phenomenon of crime, b ) review of customs,beliefs, prejudices, influir that can generate and aggravate thecriminal motives, c ) detection of the main anthropometric notes inmass according to age , sex, social and economic conditions; d )appreciation of the qualities abnormal and atypical , hereditary ortransitional.

After news of coteste fact, it has the obligation, usingpsychological notions, wait considerations, not subjective, on thepeople, with the average degree of sensitivity CONSIDER general,

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of culture, beliefs proclivities ethical to the principles of progress,for clothes of civilization. The last kind of consideration puts head todictate Spencerian, that morality is not that good habits to adapt to,and must be deemed the synthetic concept of psychic individual andcollective, as what belongs to our emotional and volitional facultiespresupposes the basis of sensitivity and intelligence.

Done the work to analysis, you will go to fix, by order governedby scientific views, the kind of local crime trends, Apportioningseries of crimes in general categories; for example: a ) crimesagainst the person (physical and moral), b ) crimes against property(simple or aggravated); c ) offenses belonging to the moral life andphysical report (violations of public and private faith, freedom,morality, etc..).

Estimandosi criminal tendencies, we must take care to rememberwhat should be the organic and psychic constitution, the tradition ofbeliefs, customs and prejudices, peculiar anomalies and, inparticular, to the more usual passions pel game, for alcohol, and viasaying.

The statesman-willing, in the end, pull the laws of the state ,crime, or development -si avvedrà, that the numerical elements are,in practice, the index, which ranges but indicative of the genesis andevolution of life in the crime three phases, individual, social andhistorical. Fulfilling this goal, he thereabouts to our discipline aid ofnumerical calculation, ie avvalorerà its laws with data likely yes, butthat makes it less abstract and more real than our knowledge.

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CHAPTER XIII.

Dynamic Theory of Liability.

1 Balance internal and external forces; the idea and the feeling ofdown. stilla.-2. What is meant by the principle of causality .-3.The three concepts to the stands eligibility; intent of psychologycriminale.-4. The two fundamental problems of attribution, theethical and the legal determinism: the meaning and content ofmoral positiva.-5. The need for effectual ; determinismdeterminism organic or vital; consequences compared toimputabilità.-6. Proceedings of the dynamic theory of dolo.-7.Duty, in practice, to abide by the proper elements of the specificintent of each reato.-8. Doctrine of temperament .-9. The twomethods for the investigation of fraud; the methodobbiettivo.-10. The method subbiettivo: the fundamentalprinciple of induction ; attempt a logic of psicologia.-11. Rulesimposed on the courts for the investigation of dolo.-12. Thecircumstantial evidence of fraud in the process; the hypothesis ofthe fact imputabile.-13. Theory of guilt .-14. Psychology ofpredictability in colpa.-15. The inattention and colpa.-16. Theoryof the case .

1. -The crime, we have demonstrated, in rhythm composed of theaggregate social dynamic, a hub of activity with divergent motion, ieaction disturber of the harmony of the forces associated pel commongoal of progressive welfare. Yea we mentioned the truth of theSpencerian principle, that the coexistence of universal antagonisticforces, which produces the universality of rhythm anddecomposition of all the forces in divergent forces, requires also thefinal balance.

To better understand the conclusions to which we will come, wemust remember certain truth clearly carried out by the same Spencer:that is, "those phenomena which we call, subjectively, states ofconsciousness, are objectively modes of power: that a certain amountof feeling corresponds to a certain amount of motion: that thefulfillment of any action body is the conversion of a certain amountof feeling in the equivalent quantity of motion; that this action bodyfight with various forces and is used to overcome them; and in the

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end, what makes necessary the frequent repetition of this action isthe frequent return of the forces that by this action must be won.Therefore, the existence in an individual of emotional stimuli, whichare in equilibrium with certain external requirements, it is literallythe usual production of a specialized portion of nervous energyequivalent to a certain order of external resistors, which it usuallyencounters. So the last state forming the limit towards which theevolution leads us, is a state in which the species and quantity ofmental strengths every day are produced and transformed intomotion are equivalent to different orders and at different degrees ofstrength environments struggle with these movements or stand inbalance '[127] .

Considered that the crime is a hub of activity disturbing thesocial order, it is divergent action by the state or intent of the finalbalance which volgonsi the actions of individuals, as to ultimate goalof their efforts to procure the best desirable possession . Indi is that,for natural dynamic law, the action of the disturbing crime shouldcounteract the reaction of the community; which will take place withthose modes which involve the degree of social progress, as neededto meet needs in accordance with the state of human consciousnessand legal ethics.

Advised subjectively, Such human tendency towards integrationof social equilibrium gave rise to the feeling and the first primitiveidea of justice; what happened to the affirmation of the instinct ofselfishness be balanced by an awareness of the limitation of theirfreedom to guarantee the freedom of others. "The affinity, the vine,the psyche-writes-Ardigò same forces arising from waves exist theirsubjects; and represent the result, which, as such, is characterizedspecifically by the forces producing same. And so the justice flowsfrom the very autonomy of individuals overbearing, and it is to be adistinct species resulting from their balance each course together "[128] .-E Spencer: "It is clear that the egoistic sentiment of justice isan attribute subbiettivo, which corresponds to the need for objective,which is the justice, the requirement, ie, that every adult is exposedto the effects of his own nature and subsequent conduct. Why, if allthe faculties do not have freedom to practice, these effects can not beachieved nor sustained, and if there is not a feeling, which favors thepreservation of a field suitable for this freedom, the field will beflooded and the free exercise of faculty will be prevented "[129] .

2. -Who want to deepen the concepts set out above, you will see

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that their origin is the principle of causality , immanent in all ourcognizioni.-Per-pays principle we mean the combination of twoterms: on the idea of a succession of more phenomena, and of arelationship of necessity for the passage from one to anotherphenomenon.

I do not dispute that it would not be the place, if the principle ofcausality derives from the observation purely sensible of theconstant vicissitude of things (Locke) or whether it is not that simpleinheritance relationship from us constantly covered under the recalland association of ideas (Hume); or whether it belongs to the internalpower of acts of consciousness, or the will (Maine de Biran); or if,far from being a product empirical, is one of the elements ofincorporation, one of the principles of our faculty of knowledge, oneof the categories (Kant): for us, as it is said, in the principle ofcausality must enter a sensing element , succession, and a subjectiveelement arose from the experimental certainty around theconservation of energy through the transformations of phenomena;that the matter that this conservation, in the given conditions,consistently produces effects data, and that the subjective element orcausal relationship between things is necessary .

3. -In word eligibility , generally, you do not wont to see that thelegal meaning, although this meaning has to assume the logical senseof the relation of cause and effect. The agent, it is said, was becauseof the curse; So he should be accused. Who, however, push beforethe exam, you will see that the causal link is assumed, in its turn, theconcept of necessity , which contains two terms, one logical andsubjective, the other objective. The term logic becomes the well-known principle of contradiction, that what can not be; the end goalis identified in the universal law of conservation of energy andmatter, which is in the law of the substance, according to the theoryof Haeckel. Hence the attribution should be distinguished: a ) afundamental concept of dynamic energy that is converted into theequivalent real criminal, b ) a logical concept, necessity of cause andeffect; c ) a legal concept of legal sanction, which confer upon thefact punishable responsibility for the consequences.

The criminal psychology, dealing with the genesis of traceability,has the obligation to make the element fundamental dynamicprinciple, from which, pel evolutionary process, the coefficients aredetermined psychophysical hand by hand, starting with theeffectiveness of the reason even unto the acts of volition and action.

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The followers of the anthropological school or generally positiveof the address of the criminal law, believe that the suppression ofcrime is coonestata from the duty of social defense; but whence theduty to defend if not by natural necessity to re-establish theequilibrium of collective energies abnormal disturbed by the actionof the offender? The crime disintegrates or tends to disintegrate theaggregate; the repressive legislation seeks to reinstate him. This-inthe rhythm of social life-not that contrast or antagonism of forcestending the conduct of the final balance. The criminal energy,portraying the genesis of mental and physical state of esquilibrio,destroys the harmony of the collective functioning of the body: thelaw, providing for the sad effects, it urges of preparing the remedy;which converts to a threat of punishment against the perpetrator, iethe attribution of legal sanction that has the natural and logicalexplanation of the energy in the crime.

4. -Le exposed ideas remind us to meditate on two problems,which are the basis of eligibility; the problem of ethical principlesgoverning human conduct, and the problem of determinism legal.

Banished from the address dualistic positive science, andaccepted the monistic unity, even the science of morals, by theprinciple of relativity, it is freed from the transcendentalmetaphysical abstractions, narrowing due to the finding of therelationship between the components of the human society. "It is upto the century XIX writes Morselli-the pride of having conceived andformed a moral empirical or scientific, independent, utilitarian,trasformistica, sociological, ie natural and human in the truemeaning of the terms. Empirica , because it draws its principles fromonly experience, like every other scientific discipline; independent ,because it is freed from the yoke that had imposed religions and hasacquired full autonomy; utilitarian , because it targets only the goodthat is then the profit collective, and this directs and prescribes theconduct of the individual, not without forgetting the advantage of theperformance of individual activities; trasformistica , because itresults in a development of feelings that there is no shortage of lessanimality in man and bring only the impression of being made awarein because they represent the intellect; Finally, psycho-sociological ,why show the existence of an ethical sense from an analysis of theconstituent elements of human nature, as well as in the individualspecies and breed »[130] .

5. -Not more, therefore, the idea of good, of duty, of moralresponsibility, addiction to transcendental conceptions of order or

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religious or metaphysical; but inherent to human nature, theimmanence of natural factors of which this is the result; notdissimilar from the production of the phenomena caused by the lawsof universal dynamics. The need for effectual is not the fate ofhuman actions, that thèse are not preordained by entities unrelated tothe spontaneous course of things, but obey the evolutionary processof the permanence of energies through the successive outward forms.No one doubted that the physical and chemical phenomena were theresult of laws which, in the same conditions, gave rise to the sameeffect: Claude Bernard demonstrated, that this should be consideredYea pel determinism, or determinism organic life, proclaiming, whoknow the number and l ' office of all organic functions, such is thestarting point of determinism, and its arrival point is that harmony isalso the most rigorous law of things in life: why should not the sameprinciple to explain psychic phenomena, that the workforce have thesame dynamic source? -Quest'ultima experimental truth contains andsummarizes the doctrine we have done so far around the event'spsychic crime; and we wanted to explicitly stating it, because itmodifies much as we thought already propugnammo and elsewhereabout the ethical foundation of eligibility[131] .

6. -At doctrine of imputability belongs to the theory of maliceand guilt . We will discuss the extent required by our hiredexclusively psychological; We'll do that by reporting what we wroteseveral years ago, and that, unless for some concepts and opinionsdone better and correct, however, remains in clear synthesis, tooutline the theoretical dynamics extensively explicated in this book.

In the doctrine of malice-we scrivemmo-[132] must concur: a ) aninitial factor, b ) a psychological factor, c ) a factor physio-psychological d ) a conscious activity.

Whatever force in action has a beginning and an end; a beforeand an after. The principle is given by the action of other impulsiveforce with which it is in contact; the end of the exhaustion of energyor attitude in place. When, therefore, say initial factor , we mean thewhole notion of motive, which is passive, and the impulse exerted onthe effectiveness of our strength. From this moment begins theprocess of transformation of passive energy into active energy of theego; time, which will occupy you, is greater or less depending on thegreater or lesser capacity qualitative than the motive of our strengthand the degree of resistance or determined by our previousconformation or to conform to the adaptation transient state little

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about the 'action of the stimulus. Indeed, it happens that, if thestimulus is internal agent, adaptation is easier, because everythingthat comes with the characters or feeling or idea already participatessubstantially with the nature of our psyche; it is not logical toconceive that a force is determined by who has given effect withoutcompliance of attitude. The action or the effectiveness of an idea, inthe words Romagnosi, on our psychic has all the characteristics ofimpulsive external stimuli: whereas, for these, the initial period is thephysical sensibility, the idea is the feeling (or the sentimental tone ):the difference is in the time evolution of the energy in action; but thetwo types of agents are identified in the mental liabilities. And it iseasy to see that, had the stimulus, there is an established relationshipor agreement or opposition between two energies, or which tend tobalance, or collide: in the first case the result has greater force and isconverted into the intimate satisfaction , which is the first degree ofpleasure ; in the second case, or the impulse wins, and you have thefirst degree of psychic compulsion ; or is won, and the spontaneity ofthe faculty is converted into action skills. The consciousness of theseearly stages of psychic activity is subject to the restrictions notables:If the impulse comes from the outside, we have to distinguishwhether it belongs and form parts of the environment in the midst ofwhich we live, or whether it arises in isolation from accidental natureof relationships ; in the former case, the transformation of energytakes place without our knowledge, unconsciously; in the secondcase, we are given notice it more when we do not worry aboutsimultaneous stimulation attention. And consciousness, ridestandosi,it does note that the nexus of time or succession between theexistence of the external stimulus and the internal existence; which isgiven by the so-called sensory perception, understood in the sense ofaffirmation of the existence of a certain something foreign to ourbody and that it is made with the same contact. If the stimulus isinternal, which stems from the prevailing idea on the remaining,which in the simultaneity mental addimostrano, Yea you have todistinguish whether it arises new idea, or has germs in the distantprevious ideas: in the former case, its effectiveness can be minimumor maximum depending on the nature or special nature thatdistinguishes it and makes it conform to the set of ideas and feelingswith which it connects in the current state of procedure; in thesecond case, the effect is stronger, because the latent origin, which ithangs, it is a higher quality of adaptation to our psyche, and a greaterpower of resistance and concurrent with the ideas that tend to

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prevail.Consciousness, in this dual hypothesis, is due not only to the

degree of the stimulus, but the previous states of habit: as if thestimulating ideas, or similar ideas, have made appearance in othertime psychical world, consciousness, having somewhat adaptedpassively, it is less likely to surprise the new transient state ofinternal activity: but if the idea is new, he shall notify theconsciousness of the presence or longer bears the action.

In the described facts, over which he outlined the initial factor ofintent, we have also included the physiological factor and thephysio-psychological. It is clear, indeed, that in the complex fact ofconsciousness, with the more ordinary meaning to conceive, thephysiological state of the individual is given the first permanent thanany internal modification.

And if we separate the psychophysical factor, this is to indicatethe moment of transition from the stage of the liability, or externaland internal sensory perception or feeling, state of conscious orunconscious activity.

Arrived to report the appearance of consciousness, we will fulfillthe assumption of studying its activity in different degrees in order tooperate soles.

The effectiveness of the stimulus, attuatasi, befalleth reason ;namely participates in the mechanical action or dynamic self, puttingit in a position to act in a way or in another. Consciousness, at thispoint, changes from almost a liability at the first stage of activity: asthe competing energies, ideas and feelings, are implemented withspecial direction and are already showing to be directed to specificdream. If the simultaneous rise of some other stimulus or not curb,reacting, or else pay the initial activity, the first ground pulsebecomes victorious, and the mind is not already with thecharacteristics of agent or stimulus, but in the end the last to bereached, since the action goal. The mind, using his rationality , seethe link causal nature between the d ' impulse of reason and to theend , and resolves whether to proceed with the activity started, orhalt the trend. And how this can be done?

In the collision energy of the reasons that the prevalence iscomprendesi of who has greater strength; but it is not in therelationship between the reason and the psyche. The reason, ofwhatever origin and nature, does not have that dynamic efficiency;in the psyche, Is there, for more energy efficient , that is, conscious

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of his acts, or which follow the course of any thrust, with theconsciousness of purpose. It is here, indeed, the psychologicalproblem, and we do not know how to give that proof by analogywith the other natural forces.

How the ' chemical affinity , the strength vital plant and animallife diconsi each prevail in a particular plane of existence, similarphenomena in the human rational force is predominant in the higherdegree of psychic function, and one that, by portraying thequantitative result coefficienze of competing energy, is explained inthe activity of operation about the choice of means, which mustprocacciarle the satisfaction of a need. In short, the reason shallnotify the psyche the mechanical energy; it portrays the character ofrationality : first, it acts as a stimulus, and afterwards acquires thenature of purpose and falls within the spontaneity of choice. It isunderstood that, at this point, the determination begins to reachnecessary, obeying the causality of the end, the effectiveness ofwhich ideal soaks activity and transports us to the execution of theconnection, or the use of the means chosen.

Riassumendoci, say, that the intent is the synthesis of the psychicfaculties devised to direct aim; which synthesis consists: a ) of areason convertible into its object ; b ) a choice of suitable means tothe action; c ) a determination to act. To which factors should beadded that, although the purpose, talfiata, is achievable for thecourts, the immorality of the means it is always intrinsically evil, andtherefore due to penalty. So then the fraud can be defined as: Thedetermination Ai choice of means aimed at the end of the criminal . Itell determination of choice to mark the true psychological momentin which the mental passivity is transmuted into conscious activity,that is, to see, measure and elect those means, which, in itself same,contain the proof of the resolution, or inclination to achieve an endrather than another; ie correr law, for example, to the satisfaction ofthe desire for revenge, rather than follow the guaranty of the law,seeing justice done some offense received. I say, moreover, meansfacing a criminal fine , to express, not only the nature of theresolution, but even the quality of the means and the end because itwas intended for special effects attributable to serve criminal. I findthe following observation of the Dwarves worthy to be remembered:"The determination of the will depends from acting the same for anintrinsic principle of his activity and strength from having an electiveregulator of its operations, so between the objects represented by theintellect Siasi chose the one that you could not refuse. The intellect

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is that faculty with the use of what you know and distinguish theabsolute and relative quality of several objects, is discovered to theirconvenience or disconvenienza, glue and established comparisonbetween the different consequences that result or may result, it is tovote on the preference of the reasons in view of which the will isdetermined to one object rather than another '[133] . As can be seen,the mind of the Dwarves did not escape point, the intrinsic activeprinciple of the will in correlation strength elective or function of theintellect to act on the preference of the reasons; which, on the whole,foreshadows today's dynamic theory of criminal energy,supplemented by the application of the law of conservation of forcesand the prevalence of a qualitative and quantitative energy over othercompetitors in the formation of the phenomena of nature.

7. -Fin here according to what, as I said, I wrote several yearsago. Nevertheless, I am of opinion, that the doctrine of willfulmisconduct, stated in general terms or in terms of theoreticalprinciples in practice that does not have relative value. If you settlefor the scientist, but the judge will not have any good; indeed could,nor is the rare case, be for him, due to difficulties and uncertaintywhen you would make scrupulous application to the facts on whichthe judgment should be given.

Instead, it will return useful regardless of the purely doctrinalnotions around the malice in general, and to deepen the analysis ofthe quality and of proper elements of this or that specific intent; ie todeduce the coefficients of each event psychophysical subjectivecriminal by gender and character of each crime.

It's not enough. In the same manner as in medicine, so in termsof eligibility, rather than fixate the general rules scientific, it shouldbe noted much and treat the individual. In the irreducible difference,because eminently changeable, psychophysics quality individual, theobligation of the judge is not to depart from the accidental fact andthe subjective elements that prepared him and caused him. However,since the surrender, he, the mutable and indefinite conceptsaccidental, very easy system would be in a dangerous case studies,we estimate set limits to the investigation, known not for the notionsthat held so far, for comments that add .

8. -The bottom psychophysical subjective or individual iscontained in the species of his temperament . The ancientsunderstood the importance of and strove, with theories anddistinctions sufficiently accurate, to outline the scientific concept.

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The Wundt observes, that "what the excitability is to report to thesensory sensation, is the temperament to report to the emotion andinstinct. We can discern a permanent excitability and, in parts, thecontinuous oscillations of this excitability; similarly, temperamentappears, manifests itself both as a permanent, both in the form ofaccesses variables, which may depend on external and internalcauses »[134] . The temperament is the result of individual factors; isnot just the sum of these factors, but the feature which invests andmanages our tendencies and faculties to act in that way whence theaction is differentiated from the other.

The Béhier warned of having to watch from the temperament tobe confused with the constitution and the idiosyncrasy. Son threeexpressions that soglionsi exchange, because together they express ageneral state of the economy; but the word temperament expressesthe predominance of a functional system on the other; it may wellhave some influence on the constitution; this, however, offers somespecial features. For the general state constitution must beunderstood that results from collective action of the different acts ofthe economy and in which the influence of temperament comes infor its share. The idiosyncrasy, on the contrary, is a generalprovision, which determines a particular trend, more or lessaccentuated, to contract or to avoid such or such a pathological form.The temperament, constitution, likelihood as, contribute to itsdevelopment; but this is all hypothetical, and, outside of the last twoinfluences, one finds the idiosyncrasy, we can not in verun way torecognize a priori , that we judge by its results so extraordinary andoften constituting a fact which causes us is entirely unknown.

9. -The fact is known to the court in due form or syntheticexpression. He does not know that what he is referring to witnessesor has learned to documents. How to make estimarne thecircumstances, in order to ascend to the knowledge of the existence,quality and quantity of intent?

The judge has before him the two methods, which should use:one goal, the other subbiettivo. The method consists in the objectiveordered collection of all the circumstances which preceded,accompanied and followed the criminal act; in determining thereason or reasons, which acted to arouse the desire or the thrust ofthe action, the approximate degree of importance of the reason orreasons for them, as well as the apparent evidence in order to provethe person had to have resented the effects. The background of thecrime are reducible to the causes, or permanent or occasional, new

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relationships interceduti between the perpetrator and who was thevictim; between the state psychic agent, before you awaken in himthe desire or the drive to do evil, and the time in which the internalchange occurred; between the first pulse and the series of criminalacts external detectors of sustained struggle to avoid or prevent thecrime; between the degree of effectiveness of the reason or reasonsand the criminal energy addimostrata at the time of the action.

The surrounding circumstances forming the plurality ofarguments to determine, not the genus and species of the crime,evidence of causal relationship between the reason or reasons andaction; what causes the mind to reconcile the two extreme points ofthe historical course of the crime, the time of the genesis of thesubjective intention to act in contradiction to the law, and themoment in which the internal energy comes to light in the external.In the end, the circumstances subsequent to the fact, albeit that oftenhave no interesting connection with the acts indictable, must,nevertheless, well investigarsi, because they may be clues or hardevidence of what the offender wanted to achieve with his work.Remember, that in the process of the crime the logical reason to actbecomes intent of the action; so that the proof of the end of a seriesof acts interior and exterior material is for us the logical not to losetheir way in the climb, the last act work, the next and distant causesthat explain why to act.

10. -The subbiettivo method is based on the use of inductionhelped by the effort to connect its representations made to the seriesof the same historical circumstances.

The induction-and those who ignore it? -has The base on theprinciple of uniformity of the phenomena of nature; which occursnot only in a general sense, but even particular in the sense that,according to Bain, who in the uniformity of nature will havedifferent categories which are, so to say, radically distinct from oneanother: so that expression of the law of nature must be regarded asthe equivalent of two statements: 1 or that nature is uniform; 2 or thatthis uniformity comprises a large number of distinct uniformity[135] .

Bain, in application of the general principles and deductive inductive wanted to lay the foundation of a logic of psychology; andhe thought he could fulfill the assumption by examining the problemof the attributes of spirit, that constant union of spirit and body, andof the aspects under which it presents all phenomena of the spirit; tothen spend the examination of psychological propositions, the

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logical methods of psychology and logic of the science of nature[136]

. The attempt, in my opinion, was incomplete, because the contentsof a logical psychology should not stop at the genesis and forms ofstates of consciousness, but it should suggest the rules in play for us,to coordinate and unify the facts of the psyche in their order in timeand space; that belongs to process representative of others' psychicphenomena. The method of introspection can be used both tounderstand what occurs inherently in us, that what has beenproduced by effort of reflection and imagination on the memories ofevents and internal states belonging to the other: so that we have themeans, in representative form, to observe, as reflected in thesubjective data of important social events, born from the life of therelationship between 'similar and appeared with external effects.Example evident difference in the judge's investigate the subjectiveelement of the crime. Any formal logic as to the nature and qualityof forensic evidence will be insufficient if the judge, well using theinductive method, does not possess the power to reproduce andrepresent itself, in form at least fleeting, the internal process of theagent by connecting all together aim at the fact that complexdynamic of subjective factors, which must, in the end, make usaware of the logical link of causality between the event and itspsychic murder carried out in action.

11. -We often repeated, that our cognitions are subject to thelaw of relativity . Here we do not intend to talk about the relativityfor which Spencer, on the basis of Hamilton, concluded that theexisting reality behind appearances is and must always be unknown;but limited to the knowledge of the relativity of human phenomena.

Such relativity depends partly on the subject, he knows, and inpart by the object of knowledge. The psychologist, who wishes tounderstand the laws of certain phenomena of another's conscience,should have all the skills and opportunities to reproduce itself,qualitatively and quantitatively, those phenomena; Wherefore it isimpossible to happen.

In addition, even assuming that he possesses the necessaryqualities, you will find that transcend the difficulties before himpower; For though the internal facts, because they were exactlyreproduced, should be known in their more distant causes, and in allthe infinite casual relationships that are beyond the most minute andcareful observation.

We wanted to call the reader on the observations made, because

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many may see are the obstacles to the work of the judge who wantsto fulfill a duty to make reason of the subjective state and theelement of intent of a defendant. In spite of this, pel will judge whathappens to every student of psychic facts. He must take care in thefirst place, of influence of subjective knowledge of the fact,remembering what Hamilton wrote that to think is to condition, andthat the conditional limitation is the fundamental law of thepossibility of thought .

The judge, to be convinced of why events entrusted to hisjudgment, should be able to distinguish and coordinate theinteresting circumstances, eliminate the superfluous and to grasp thesubtle points that are the intermediate links between things and littleappreciated in appearance, are in themselves of inestimable value.The secret is not to omit verun given that it is not, previously, seen inrelation to other subjective data before, because, in the words ofSpencer, "every complete act of consciousness, with the relationshipand distinction, also implies the resemblance: before it becomes astate of mind or consciousness is a key element of knowledge, mustnot only be known as a separate species from certain states front,with whom he is known in relation to succession, but it should alsobe known as belonging to the same species were Front »[137] .

The reasons for previous logical relations are derived in partfrom the practice of life, in part by the common psychology and,chiefly, from our discipline: the result, such as material of the finaljudgment, the kit will contain a certain proportion of culture andmental exercise individual; For though, according to the sameSpencer, "one thing is perfectly known only when it is, in allrespects, similar to previously observed certain things; and remainsunknown in proportion to the number of relations in which it differsfrom those: in addition, when a thing lacks all attributes common tothings known, it is absolutely out of the limits of knowledge '[138] .

12. -Le major difficulties encountered in the proof of malicein processes circumstantial evidence. In this case, the court willproceed by way of hypothesis . Other words, he will leave for theestimation of the facts, conjectures that have greater compliance isapparent with the nature of the offense with which the eventoccurred. We must, meanwhile, warn, 1 or that the hypothesis of theevent is neither arbitrary nor inspired by impressions of passion,because, otherwise, it will deviate from the logical link or effectual,that you exaggerate, pro or contra, the appreciation of the quality and

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the amount of energy that has caused the criminal offense. As youhave the habit to learn and consider the criminal phenomena, we arenot able to slough off the impression that each of them alive in ourhearts: the repugnance, which every man feels pel curse; the feelingof pity, disgust for the suffering of others; the colorful and lively,that the imagination adds to the fact; the very personal way, so wejudge human actions; the influence on our thinking from 'a hundredreasons overt and covert, are so many causes to which the mind or isprevented or led astray by grasping the truth of things. He isnecessary to strip us of concerns, or the idols of the mind, as theywere called by Bacon, if we do not err because the investigatinglogical of a given phenomenon. In addition, 2 or , it is necessary thatthe hypothesis has the consistency of fact essential in somecircumstances; the fact that it is made very clear, and which servesas the starting point for understanding the moral status of the agent,the first awakening in him of reasons, which turned into slow orrapid action to further internal acts of crime. Again, this is fromexperience, that, in regard to the choice of the basic fact the case, wesottostiamo not also contracted the habit of perceiving things andevaluate them in a particular way, but the suggestion partecipatacifrom 'witnesses, the capacities emotional events and the interest that,many times without having a hint, we attach a date for ourhypothesis personal predispositions of mind, education and culture.The clue (by index ), hints at the truth; but not those of this Siasimade with the previous owner and long exercises of the mind,mistakes the terms of judgment, and he set to false path, err inreasoning and conclusion.

13. -If the intent -scrivemmo elsewhere[139] -is in determiningthe choice of means, the fault is in the lack of determination tochoice; that is to say, in the absence of estimation of the linkbetween the act and the desired effect achieved. Which state of mindyou want to share in the following terms: a ) a reason that motivatesus to work, b ) a purpose near, and we expected to be reached; c ) apurpose wireless remote out our predictions, d ) the choice similarmeans for the purpose of direct neighbor, indirectly for the purposewireless remote. The relationship between these terms, which isbased on the difference between malice and guilt, which is why itdoes not convert it into its object the next; and the choice of meansfor this purpose only conforms; while the imputability of the actpulls the raison d'être of the purpose wireless remote impairing theright. In addition, our doctrine is not different from that which puts

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the essence of guilt in an avoidable mistake[140] , which has theeffect occurred unintended harmful consequence. The fact rash ,they were talking about the interpreters of Roman law[141] , alwaysresults in unpredictability or lack of knowledge of some effect thatcould be related with the means for a different purpose. TheKleinschrod explains the concept enunciated by observing that "anerror connects smoothly with a determination of the will, as that isclearly placed the blame on the lack of willingness to use, working,of that care to which everyone is obligated, and so the lack ofwillingness to lay down the error, which could and should haveeasily discovered. Every man of sound mind can and ought to know,that is bound to a certain degree of diligence, in order not to offendthe rights of others. Every honest man more or less reflected in hisactions of some importance, if Sieno conform to justice, and whetherit can result from any breach of law. Every man knows yet, that itsaction soggiacerà to a penalty, if negligently violates the law. When,therefore, one becomes a debtor of guilt, does not have the will toimplement the necessary diligence to his actions will not, indeed,break the law, but it is not the thought which should, in order not totransgress. He, therefore, is punishable, because he neglected thelegal order against this diligence, did not remove the error, and thusproduced a violation of the law: he is punishable, in sum, notbecause he used the power of his will, overcome a mistake, that youcould easily avoid. If the offender commits arson with the force ofhis will made illegal, it can be stated that the offender commitsmanslaughter with the weakness of his will, not using due diligence"[142] .

14. -From several writers advocated the theory that puts thefault in connection adjective of action with damage; and weopiniamo that it deserves applause in the case of negligence arisingfrom quasi-delict civilians; not so in cases of negligence punishableoffense. The attribution, as we have seen, is the legal equivalent of aconscious causality, or, as in the guilt, of a causality whoseconsciousness the fact lacks the use of a faculty, that of predictabilitybelonging to the common way of psychic functioning in order toavoid the possible causes of damage to others.

The predictability or forecasting of the fact, and theconsequences that flow from it, depends on two factors, onepsychological , the other logical : the psychological factor involvesgood use of ' attention ; logical factor in the criterion of ability to

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foresee the likely harmful occurrences.Beginning to deal with the first factor, we will observe: a ) what

is meant by attention relative to a harmful consequence due; b )should be divided into many categories for intentional crimes modesand species according to which attention is distinct; c ) themechanism of attention with regard to expected dell'obbietto notharmful, d ) in that it consists inattention.

In the preceding chapters we have, more than once, had theopportunity to talk to his attention and psychic functioning: using thedefinition of James, say, that it is the act by which the mind takeshold in clear and vivid form one among many objects and betweendifferent schools of thoughts that occur simultaneously as possible.

Having origin of affective states , which have to because of thetrends, needs, appetites, the focus hangs up, in the final analysis,what is most profound in the individual, self-preservation (Ribot ) isconverted into a condition of life, and retains the same character inthe higher forms, which, ceasing to be a factor in adaptation to thephysical environment, befalleth factor of adaptation to the socialenvironment.

Narrowing these concepts to our assumption, briefest, thatattention as a cause selective, focused consciousness to objects andthe real relationships that, taken in isolation or as effects of givenaction, include the violation of the rights of others, and fall under thesanction preventive or repressive criminal law. So then, because ofthe lack of attention to the psychological cause of unintentionaloffenses, the diversity of the objects to which it relates, constitutesdifferent classes or series of events beyond its control. A firstdivision of attention is that of sensory and ' intellectual , accordingas ARE CONCERNED objects present to the senses, or of idealobjects or represented. The order of intentional crimes, belong to thelack of sensory attention those facts which may affect the physicalintegrity of the individual, and which depend, in fact, by not havingprovided us certain events materials in dependence instant withsome of our action. I told happenings materials to show the realcause of the harmful and sensitive; such as, for example, would bethe injury produced by gunshot, when the act of discharge, of asensitive nature, give rise to an unintentional injury: I tolddependence directly in order to clarify the direct relationshipbetween the act of discharge and this that is something derived,without another reason we intervened. They belong, however, to the

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attention Intellectual those culpable offenses which are attributableto reason strictly preventive and why are inherent in a duty of theoffice to which it was held; such as, for example, the failure to noticethe discovery of a child (art. 389 Cod. pen.); the failure to report of acrime, for part of a public official (art. 180); neglected the custody ofprisoners (229, paragraph 2 , or ); over contraventions of art. 439,471, 477, 482 Cod. Criminal.

More attention has difficulty when it is studied in its mechanism,since this theme, according to Ribot, hitherto much neglected, anddependent on it, not only the completion of the theory of theassociation, but the concepts to measure qualitatively andquantitatively the species and the degree of consciousness necessaryto conclude to the predictability of certain effects in correlation withcertain causes. To proceed with your order, we recall the distinctionof attention in natural or spontaneous , voluntary or artificial .

"The first notes Ribot, neglected by most psychologists, is thetrue form of the primitive fundamental attention. The second onestudied by the majority of psychologists, which is not an imitation, aresult of education, dell'ammaestramento, adaptation. Precarious anduncertain by nature, it draws all the attention his substancespontaneous, in which only finds a foothold. Under these two forms,the focus is not an indeterminate, a kind of pure act of the spirit,with agent means mysterious and subtle. Its mechanism is essentiallythe engine , that is to say that it always acts on the muscles and themuscles, mainly in the form of arrest, whence also as the epigraph ofthis study may choose the phrase Maudsley: one who is incapable ofgoverning his muscles are unable to care '[143] .

For the interest of the harmful consequences, namely in relationto the fault, it is worth noting some of the main characters ofattention. It, as has been said, the soul resides in an affective state, iemove and is determined by an interest or by a stimulus ; Whereforehe was divided into immediate and derived . It is immediate,according to James, when the stimulus is interesting in itself, withoutrelation to anything else; derived when the stimulus is interestingonly for the associations he has with something else more directlyinteresting. Moreover, attention, consisting in the replacement of aunit relative to the plurality of states of consciousness, to changewhich is something the rule; and being the product, along withconsciousness, free psychic formations (Wundt), has the virtue ofbetter perceive, conceive, discern, remember, increase cognitive

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forces themselves. The latter character depends on the axiom ofscience, that the force is not created but turns only; therefore,increase strength can only mean cognitive transform, availableintelligence, an organic force (Brofferio).

From what has been said, with regard to psychological guilt, westop the truth infrascritte: a ) The predictability, which is based onthe attention spontaneous, it needs less effort than that which rests onattention voluntary or artificial; imperocchè the first takes place forthe inherent power and adaptation with natural and largelyhereditary; the second is subject to the powers extrinsic and newarrivals. Hence the greater responsibility or a greater degree of guiltin those events, which refer to the ordinary way of life, the commonexperience; that is, the use of the attention that has brought aspontaneous nature; as the lesser responsibility in the events forwhich you require a developed education, a right address, a habitualuse of voluntary attention, b ) The general rule here expressedsuffers except in the case of decreased predictability for the state ofsurprise or surprise , since it is an index of higher fault in the use ofvoluntary attention or artificial, that the use of spontaneous attention.It happens, sometimes, in some of our operations, objects or eventsthat attract new and extraordinary admiration, and for the sideemotional restrict the power of consciousness in such a way as tostop the course of our ideas powerfully and stare to thecontemplation of a single point of perception. Such a phenomenon,not very rare to come true, it is due to the unpredictability of theordinary; Epper should be taken into consideration. The degree ofguilt, which gives rise to, is greater in the attention that the voluntaryspontaneous, logical on the principle that anyone who voluntarilyundertake some task, following the artifices that a special attitudeand the education they have learned, is required to better wait a fewfortuitous event that you do not overtake and render it involuntarycause of harm to another .

The surgeon, for example, that engages in a transaction mustwait until there is no significant bleeding; and, if this surprised him,he, who has not been able to predict it, is not responsible for slightnegligence. c ) The spontaneous attention is better suited to externalobjects; volunteer, or reflection, better interior. Darwin said so well,that it is the attitude of poor vision, transferred from external objectsto internal events, which leave hardly shall they understand.

All intentional crimes, which belong to the fulfillment of a dutyof office, they must understand the second kind of power intentional

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or reflexive: the degree of responsibility, from the subjective side, itis because of the greater and more protracted attitude to wait; whatlies within the kind of culpable negligence , or in failing that it iscustomary not to omit in fulfillment of a duty payable.

15. -A completion of study of the first factor of predictability, thepsychological factor, we must speak of inattention .

Who is waiting focus your mental energy on a fixed point,narrowing the field of view in it the same way those who worktowards a lens to collect rays on one goal: who, however, does notwait, or badly awaits disperses the conscious activities and or isdeprived of perception, or reason to the confusion of ideas andjudgments. From this state of distraction , which is carried out for orinability of the mind to settle in a stable manner and for the mobilityof passage from one to another idea; or to the absorption of an idea,which leaves no comfort to the mind to turn elsewhere and otherwisedeal. The phenomenon is very complex, as resulting from specificphysical conditions, and similar psychological adaptation: it isenough, however, to say with Helmholz, that we do not notice allthose impressions that have no value for us as signs useful todifferentiate things . In the meantime, or that, according to Müller,the currents of the impressions felt by some centers find thedownload in other ways inferior; or that the concentrative powerdecreases gradually in proportion of the usual functioning of thebrain, allowing the state of consciousness you throw in theunconscious, the certain thing is that I object to the form inattentionserious studies, which affect the pedagogy as well psychiatry, andare still looking for an explanation of the problems still remainedunsolved.

On the issue of guilt, the state of distraction is generallyconsidered grounds for punishment, but to what extent this is right?There have been regular distraction, which depend on the use mentalbad habit, or by levity of character, and for them it seems to me thatthere is no doubt about the need for repressive means. But there areother states, which show characters morbid, albeit that is not alwaysobvious; and talk about repression as it would contradict the basictenet of eligibility.

The Bianchi much exactly is the diminished power of detentionin the consciousness of the power regulator and also selective, thatthe losers, imperocchè everything that invades the mind, not by thewill of the subject, and indeed often against his wish, he meets

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rejection. "It breaks freely within the field of consciousness,removing more or less power perceptive and above all the power ofapperception. This is always here two facts, which are associated andcharacterize this disease state: on the one hand, inability to hold inthe consciousness of the constellation ideational, that I object ofattention is voluntary; inability, on the other hand, contain a differentamount of consciousness out of ideas, that with the former do nothave any relationship, and against which it is exercised feebly andineffectively power volitional attention »[144] .

The same Bianchi remembers the individual states more or lesspathological attention; the phenomenon of ipoprosessi (decrease ofattention) due to fatigue; the decrease in the power of that, most ofthe distribution that the fixative, produced by emotions (Fere, Binet,Pick, Mosso); what happens in the domain of the unconscious, ofpsychic automatism, neurasthenic states, and so forth.

16. -We said, that the second factor is the predictability of thelogical consisting of the ability to foresee the likely harmfulconsequences of our act. The impossibility of prediction gives rise tothe case , and therefore no liability to the fact. That is never thecase? In the usual sense is all that can not be compared to a law; inthe logical sense is the ignorance of the law, or the inability toremember pel accumulation of accidental circumstances, or topredict it in the causal link between the facts known to us and theevents that would date the origin.

The theory of the case, in all the appurtenances mental, is basedon probability theory, precisely because, according to Mill, we maysuppose that the conclusions regarding the possibility of a fact reston knowledge of the proportion of cases in which they are producedof the facts of this kind and those in which there is no production;the proportion which, moreover, can be found for a specialexperience or inferred from prior knowledge of the causes whoseaction is favorable to the production of the fact in question,compared to those that can neutralize.

Applying these rules to the logical concept of probability in theprediction of harmful consequences of its own action, you havegl'infrascritti corollaries: 1 or the degree of probable forecast anunknown effect on a known cause, is in direct proportion of cases inwhich the effect occurs, and in inverse proportion of cases in whichsoles be the opposite; 2 or decreasing the cases of probability, weenter the domain of the unpredictable: the marking an indefinite

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series of states of consciousness incalculable a priori , and which arethe most thoughtful dall'accorgimento inattention to the more usual;3 or to the functional unit psychophysics of our minds, everythingthat directly or indirectly decreases or disturbs the ability to wait,makes it less likely the prediction; so the proper education ofattention and the constant use of inhibitory abilities, in eliminatingthe causes of errors, we facilitate predictability, making us moreready to eliminate the causes occasional competitors to give birth toa consequences of our actions that we must avoid.

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CHAPTER XIV.

Of certain legal forms of criminal psychology

I.

The provocation.

1 Origin dynamic state affettivo.-2. The action of stopping thephenomena affettivi.-3. Subjectivity of the act provocativo.-4.Abnormal forms of sensitivity in the excuse of provocation; theillusions .-5. The hallucinations .-6. The inner language ;splitting of the ego, an example of a soliloquy of Lancelot in TheMerchant of Venice by Shakspeare.-7. Legal consequence of thedisturbance of mind in a state of agitation allucinatoria.-8.Anomaly unconscious process of internal provocativo.-9. Theprovocation and the ' hysteria .-10. The provocation in theneurasthenic .-11. Psychology of ' intense pain .

1. -Lo was passionate, we have said to be the cause of impulsivetendency to crime, was not to be neglected by the legislature calledin proportion to the degree of responsibility of the subjectivestrength, decreased by any reason that he has upset the naturalfunctioning. It is the fundamental law dynamics, which correspondsto any action equal reaction; it is our instinctive inclination to rejectthe offense with the offense pel resentment against anyone attentiveto personal well-being or alter the economy psychophysics of life.From this the first kind of repressive justice entrusted to the personalvendetta, and the first appearance of that struggle pel law, which isguaranty of preservation of its existence. From this duty, in theaggregate capital, to limit individual activity with specifiedrequirements, which, degrading the responsibility of evil excusedfrom disturbance of passion, attest a penalty with a view topreventing the eruption of the boundless brutal instincts revenge, andto restore the empire of mutual respect between 'associates.

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The concept of provocation, it is stopped by our legislature withthe art. 51 Penal Code, means that we were to repeat back a little byremembering what was said about the origin of emotions, chieflythose of anger and hatred, and more dynamic waves are produced inus affective states of consciousness and son cause of outward actscontrary to good social order. We have the robes, remember thatwhat you both kind of feeling is not that change of movement, whichfrom the outside is transformed into our internal and evidence of aforce acting in conflict or in competition with other external forces.

"The feeling Fouillee-writes-not a passive reflection of reality: itis the reality in the same labor and feel that his labor. All this is notthe case at all, in the world, the usual way, if there had any sense, butjust do not feel the movements. In the hypothesis that thesemovements were sufficient to produce the same effects that areproduced today, to preserve organic beings against the destructiveinfluences of the outside, to make sure them the advantage in thestruggle for existence, sensations, being useless , you do not pointwould be produced, and mechanical phenomena would not have feltthe need to add this extraneous epiphenomenon "[145] .

The need that here Fouillee derived from a logical consequenceof reasoning, is not that the exponent of the biological law of forcesacting on the organic matter, not that of the other reactions oforganic matter on the forces[146] , in the sense, that is, generally, thatthe power incident on the body, while it alters the previous economy,must itself be subjected to a corresponding differentiation.

2. -The legislature, giving the reason of excuse, provocative, atthe time of ' fit of passion of anger or intense pain, he supposes thatthe court does not overlook the states previous emotional soul of theagent; indeed wants that he should make detailed analysis toconclude, in individual cases, whether and to what extent the passionhas degraded the conscience and the freedom of the acts, so as torequire that the penalty does not apply in all the extension sought bythe law. The man can be considered as a complex of phenomena,which tend to some extent to sistematizzarsi: each part of thephysical or moral tends to organize on his behalf, and often a part ofthis organization you work at the expense of a ' On the other hand(Paulhan). Which, if we consider, is the source of our spontaneousactivity, which, starting preserve the organic economy, is immanentin all the acts of life, and while you appalesa in the phenomena oflife inside and outside, buy force from struggle with the perennial

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obstacles he encounters. It is acceptable, then, the concept of thosewho do not perceive affective phenomenon in which a tendencyarrested , or, in other words, according to the Paulhan, a reflexaction more or less complicated, which can not riescire at the endtowards which riescirebbe if the organization de 'phenomena hadbeen complete, if there was complete harmony between the body orits parts and their combination of existence, if the system size for thesake of man at first and afterwards for the sake of man and theexternal world was perfect[147] .

3. -After this, he has to conclude that the first and most importantelement is the excuse of ' unjust act , which was to disrupt thebalance of our faculties, being converted into a reason for stoppingthe normal psychic functioning that is prerequisite for their ownwelfare. The act which, according to that prescribed the SardinianCode abolished and believe the teachings of the doctrine, must beevaluated in a subjective way to provoked; ondechè, in the words ofCarrara, "as long as it is not entirely unreasonable and brutish, eventhe credulity of erroneous having suffered an outrage, to have reasonto fear imminent physical harm or damage to the person, must beevaluated in reasonable time limits. Otherwise you would the manresponsible for the ignorance of the intellect, or a genuine mistake. Ifawakened to a noise at night, I see in my rooms stealthily penetrate astranger, and, thinking he was a thief or a murderess, explode aweapon against him, I will not be more excusable if it is to occurafterwards that neither a thief nor he was a murderess, but rather anunfortunate but sleepwalking, or the lover of the occult maid, whohad the wrong room? "[148] .

The justice or injustice of the act is in relation to a conceptderived from the sum of the variable circumstances thatoccasionarono, and owing to the degree of sensitivity with which theact was learned by the taxable person. Then the infrascritto canon:the degree of effectiveness of the reason provocateur is indicated bythe series of circumstances which influenced to increase the injusticeand to excite the sensibilities of those who resented the influence .

From the canon which depend on the following two corollaries: 1or the degree of effectiveness of the provocateur stands to reason thatunless the circumstances excuse the injustice of the act and facilitatethe proclivities to react; 2 or decreases in circumstances contrarysense .

The injustice of the act and the sensitivity of the subject, here are

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the two terms which, being composed in a single transient state ofconsciousness, must serve to complete the guise of eligibility inthose who react, he was transported to commit a curse. The first termis learned from the subject with swift judgment, which extends theapparent contradiction between the work of others and their right torespect; the need none offense, decreased personal dignity, thecompulsion to do what he had not intended to do. Elements ormodes, these, of one opinion, and that worries the attention, fadingor otherwise ottenebrando each factor and sentimental ideal, itabsorbs all the energy in an effort reactive, with the neglect of thevery danger that we encounter .

4. -For sensitivity we mean the power of receptivity orpassivity of the subject; ie the degree of ability to pass itselfimpressions with more or less sentimental tone, colorful fantastic,affective sense.

Speaking of passions in general, we noted the type of delinquentor impulsive impulsively: to complete the assumption, we have todeal with certain abnormal forms of sensibility recurring so often incrimes which are called occasioned by the previous provocation.

We'll talk about in the first place, of illusions and hallucinations.-It is not unusual to witness the interrogation of an accused, who askthe court to excuse for acts of provocation that the victim denies andthat no witness had leisure to to note. If the requested benefit is notvain pretext suggested by cunning or of interest to obtain a reductionof sentence, may be coonestato, in reasonable cases, the hypothesisof illusion or hallucination. The illusion is deceptive appearance,error of the senses: it could be called the altered perception of an Iobject to which you attribute to associative disorder or functionaldisorder of the senses, apparent qualities are not true and that theyare the product of memories ill arranged between them, vivified byimagination .

It is the general law of perception, which, while part of what weperceive comes from objects that are before us, through our senseorgans, the other way, and you can be the greatest part, alwayscomes (according to the sentence Lazarus) from our own brain(James).

The material of the experience and the culture is maintained inthe brain centers with logical nexus of memories and imagesorganized along functional unit of psychic equilibrium. Putting theorgans of the senses in relation to the external world, we apprehend

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objects with accuracy the respondent, not that the reality objective,benanche the truth subjective: rispecchiarne us in the outside worldwith no deceptive vision, and we can, with certainty of conviction,give judgment on the existence and importance of knowledgeacquired. But sometimes the memories, the images are fragmented;the logical connections between ideas are weak and unstable, and theextension of consciousness thoughts fluctuate with currentindeterminate, but among them the attention has sufficient strengthto stop its tumultuous course. It is possible, then, that some memorysensory-ideal take, suddenly, the upwind, stimulated by sensation ofexternal object, enlivened by internal impulse, and thatconsciousness, as a surprise, he stops in his swing: will follow thatthe mind's eye is being envisaged a vision that does not conform toreality, but which takes possession of us with such force farcene feelthe effects right down to the bottom of the soul. We think we seewhat is not; and, what is most pressing, deception projects, in theplot of the brain, its deleterious influence to overwhelm the previouspsychic rhythm and give our acts unexpected direction.

The phenomenon is much more likely to happen betweenemotional ideas, just because illusions, physiological or pathological,it germinate in psychic environment prepared by prior impulsesremained abortive, or suffocated by repressed feelings, sensationspleasant or painful not completely vanished and the exciting ill-repressed tendencies.

I know of a jealous husband, who swore that he had seen on thecheek of his wife the imprint of a kiss given to her by her lover;another husband, watching the eyes of a newborn child, he sworethat they were heavenly and resembling those of the suspectedparamour of his wife; while, no doubt, were blacks. I know of adefendant who saw the enemy in the act of throw armed hand againsthim, while he did not move from the spot and only had his fistclenched pel resentment of insults uttered against him; of anotherdefendant who said he saw in the hands of his wife's portrait lover,to have their own recognized, while was a matter, and it was shownto evidence, in the image of a saint!

About the reasons provocative, there are fewer illusionsconsiderable pathological side of serious sensory disturbances, but,moreover, increasingly important from the psychological side. Iintend to talk about altered perceptions for internal provisions ofmind, especially from the sentimental tone or depressed or tooexcited; some dominant idea in the associative process; transient

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from intermittent reflective powers.The object, or the act perceived attitude and reflected the way

you feel and think, without realizing the error, we remain impressed.An opponent will smile with air indifferent? We perceive the grin ofscorn and there adontiamo. Others have uttered words of advice? Weread, from the tone of voice and gesture, the intention to disrespector offense.

Usually we say these be misleading errors , but, well look who isavvedrà that the defect is not in the intellect, but rather in the sense;and that the erroneous judgment is dependent on an illusion.

5. -Affine the illusion, but with more severe sensory disturbance,it is the ' hallucination . "The hallucination-writes the Bianchi is aperception subbiettiva . While in the illusion is misperceived Iobject, because the subject has given the connotations of which isfilled with his conscience, and who did not belong to that, there isnot even nell'allucinazione external stimulus, and playing is original,primitive, from sensory centers, the image that perhaps another timehave been formed and registered in their centers. Or result fromcharacteristics provided by different sensations at different times,and associated time in a concrete image for the property creator ofthe brain in the same sensory areas, in which are formed andrecorded images for physiological process, these waves areawakened, for intrinsic activity of the nervous elements, andprojected outside, or, as they say, obbiettivate »[149] .

In practice a saying, that, having to judge the subjective states,the hypothetical equivalent to the real, and we have reported on theauthoritative judgment of Carrara for what is the effect of error willbe worth much more in the case of illusion or hallucination .

The psychology hallucinatory, after studying classical Brierre deBoismont, extended the domain boundaries in wide, and it becamedominant in the interpetrazione phenomena that once belonged to thereligious beliefs and that they had so much weight in the historicalevents of individuals and nations.

The idea, feeling, as we have seen, they have their own activities,which indeed are not forms of brain activity. The psychic material,in the timeliness of training, he accidentally relationship with theoutside world: it preserves the stored energy, the latent attitudeslikely to rise and reach operating, regardless of the sensoryexcitations. The workings of scientific speculation, all day inprogress, the improvement of the fine arts and the countless acts of

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psychological automatism addimostrano us, that the spirit world haslife in himself, even though the riches of which has, moreover, camethe sian and will continuously increase or alter the mercy work of thesenses. In a factory mechanic you will observe the instruments forlabor ingenious: they came from the outside; but the laborers,impossessatisene, use it to their account without anyone on theoutside, it has a hint. This is how we understand the hallucination, allinternal phenomenon, freed from the influence of sense, withoutriferenza with objects outside the self; psychic fact isolated ordetached from the link of continuity with the life of the relationship.

The introspective analysis makes us aware that the perceivedimages are projected to the eye of the mind, and with uncertainmotion, take countenance in keeping with our desire affectiveconditions passionate sadness, joy, sympathy, hatred: it is for each ofthe source of the wandering of the mind, or sweet, or painful; Nowdoubt, or driven by safety, or overcome by despair.

The feeling attached, in the form of image, memory, returns andis due to a mental vision that the correct definition of Ballet, "is thatfaculty which we have to preserve, in the form of images, memories,more or less weakened of our visual sensations, and to reproduce andrevive these images under the influence of various stresses, byassociation of ideas "[150] . And the same goes on: "This right existsappo each of us. But it is very differently developed. While somepeople do not maintain the obbietti, a memory and a vague imagecontours undecided, others brighten their visual images with greatease; These pictures have at them a clarity that the imaginary objecthas almost all the precision of the real object "[151] .

6. -Incontra often observe that, in addition to the mental vision ofreproduced images, go prone to the effects intended by the name ofinner speech or inner speech , ie udizione mental consisting of theawakening of auditory sensations perceived by our brain andbelieved to be in the form images, especially representative of thesigns of language (Rivarol, Egger, Paulhan, Taine, Binet, Charma,Ballet, etc..). The person, whose image is presented to us, must havealready been in contact with us because of some act that has left usthe memory is impressive in disgust or hatred; it is, for example,dislike, annoyance or vexation. Mentrechè for the moment we havenot suffered fleeting impression that, in the course of time, therepresentation of the act may intensify and turn into hallucinatoryvision accompanied, finance, auditory sensations from the language

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of the opponent. If, coincidentally, after Cotesta workings of auto-suggestion, believed the enemy encounters, just slight accidentbecause the hallucination, cited little lively, lights, and impetuouslystormy outbursts of anger.

Another time, after the impression of, say, a sequel to someonespite of sufficient reason, the equilibrium state of mind fades,personality disintegrates, splits into two; and we feel that the ego isput in contrast with it the same, doubling in a persistent imaginaryvision, in an attitude of open opposition. The primitive ego,supported by reason, by the persuasive power of education and of theprinciples of order, try and strives to combat that over and over Inovel rises up and rebels and surrounds the person of the opponentwith notes repugnant, magnifies the act committed by him, theoutlines with dark colors; awakens from the slums of animal life, thedormant instincts of revenge; feel, with auditory hallucination, justthe voice, offensive language man who already hate; lights the fire ofwrath, and had the auspicious occasion, impetuously pushes us to thecrime.

An example of this splitting of the ego, with the vision of aconflict between imaginary energies symbolized in the demon andconsciousness, we have it in a soliloquy of Lancelot in The Merchantof Venice by Shakespeare.

Sure is for me to have conscientious Tormi serving Cotesta Jew: The devil is me to the hair; he tempts me And he says: Hunchback - or hunchback Lancelot , Lancelot Good-ovver: good Hunchback -od Anco: Good Lancilotto hunchback ,of, impersonating you, Give her legs , go away! -Theconsciousness answers: mind you, honest hunchback, Lancilottohonest, mind you ; Or even: Honest Lancilotto hunchback , or evenAs I was saying, do not go, do not seek the help of calecagne .dimon And, more courageous, to retort M'ordina of sfrattar:Street! me repeats: Go away! through heaven! says the devil: Youdecide for strong , to say the returns Messer the devil, and clearthe field . Allor we learn of my neck core consciousness, and withgreat wisdom: O my friend Honest, Lancelot , he adds, You sonthat you're up for an honest man : Or rather, of a respectablefemale - (As my father talor pinched sapor aught I do not know, Ido not know what fun): Consciousness, therefore: Statti firm says;and the devil: Va; - No statti , the other replicative

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[152] .

7. -Who asked me how it should estimarsi the last act of theInterior about the criminal executive of individual prey to the abovedescribed state of agitation hallucinatory, I would answer: the lawintends minorare responsibility in proportion of degraded conscienceand freedom of will; intends to calculate, between 'eligibility criteria,temibilità of the offender, the act of injustice, the state of disturbanceof the prejudiced mind: if all this is applied in the species examinedjust now, why not be granted the benefit provocation? The judgealways remember the admonition of infrascritto Romagnosi: "Tospeak precisely, the man is not moved to act more or less a measureof the reality of profit, that is, that, that its real causes taken inthemselves and combined with nature and constitution of man canconsistently and really make for good or evil; nor less than a certainproportion that combined physical and moral relationships can beespecially useful to make the other his fellows; not even in the sameproportion that the man of decision and the offender knows more orless clearly , or simply if you can now promises with greater orlesser certainty ; but rather in proportion, that the idea tickles himand attracts more or less than the strength of his sensibility "[153] .

8.-Another form, more difficult to consider, internal fault ofprovocative process (I will pass phrase) is that, of origin, or not,

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pathological, is processed in the domain of the unconscious, belowthe threshold of consciousness, including inherited instinctiveactivity. Of this we have, in other respects, ripetutamele spokenbefore: believe, nonpertanto, repeat here the exam, with tidingsapplications.

Which took place on reason, which has impressed our sensitivity,we remain troubled: and soon calm returns, followed by distractions,obliamo since the memory of what happened. Nay, sometimes,returning with reflection on the resentment felt, there marvel, sure ofourselves, so we have the power inhibitor, the force of resistance toany one, I say reaction criminal, but intemperance of conduct.Meanwhile, in the course of time, the reason provocateur, nascostosiin the darkness of the unconscious, takes place in contact withenergy left in a constant state of potential, not being strong enoughto come to the surface on the surface of the visual, remains in aconvoluted sort of embryonic life. But when less-you-think someaccidental circumstance stops, surprise, attention to the theemergence of a concern, appearing between reminiscences of thepast, makes it rips the veil of mystery and there are monstersawakened the idea of the offense obliata. The soul is seized withtrembling; and we remain defeated, disheartened under the threat ofoverwhelming feelings and sad uncertainty. Against this painfulcondition, it puts forth its breath weapons of reason; seems that theappearance of the monster, remained unto this time hidden in thedarkness, every good intention is put to flight. By taking thefavorable circumstances to return in contact with the offender, we,the mercy extreme efforts, we are committed, with the treat andexaggerate the closeness of him, almost to challenge ourselves toshow higher victorious in the face of emotional excitement painfulmemory. However, without realizing it, in so doing, we add fuel tothe fire, at a given instant, when, for accidental, watchful reflectiveweaken our resistance, the tide quickly mounts, excited byunforeseen pretext; the storm roars from the bottom and our will isoverwhelmed by an uncontrollable fit of rage. If, in consequence ofthis, there is a crime, it is not unlikely that the court, reminiscingabout the past and noticing the fact, by the appearance of events, analleged state of calm prevented, the insufficiency of reason lastaction, to conclude the aggravating circumstance of premeditation!And all the day like we deplore injustice, coonestate from nothingbut from ignorance of phenomena as strange, just as in accordancewith human nature.

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9. -Trattando the species and the degree of sensitivity,measurement of attenuation of attribution in dependence ofprovocative acts, we should not entertain trasandare of talking aboutthe emotional state of one who is suffering from hysteria orneurasthenia two clinical forms morbid equally common in our day,as neglected in the courtroom.

It consists of hysteria in a state constitutional abnormal brain,which comes to light in all aspects, the motor , the sensitive , thepsychic (Borri). In whom it is affected, noise sensitivity andemotionality are polymorphic, Is there impetuosity or apathy insocial life; disproportionate perception reactive to stimuli; exaltationof the imagination; suggestibility irresistible; predominance ofautomatism; lively representation and mutability of character at thelow tones of sentimentality; strange orientations of consciousness;occasional association between the most dissimilar ideas; fixity ofideas until the obsession; onset of bullies instinctive acts to effect theslightest reason autosuggestionante (Lasègue, Esquirol, Janet, Pitres,Dally, Bianchi and others). The joy and the pain, the calm and thestorm, sympathy and antipathy, anger and quiet are in hystericalexcesses opposites in which polarizes the life of the spirit; Epper aremany signs that should warn us at the time of having to judge ofactions committed in consequence of being so much abnormal. Wellwe are often deceived by appearances, ondechè qualify for generousacts inspired by the most profound selfishness, and in which, Is therenot true that the drama, which, for the hysterical, comes up to thearchitecture of the most imaginative projects. The lies, deceit are theweapons so it has recourse to the outburst of ill-suppressed hatreds,of foreordained purposes of revenge: the feeling is not limited towage and inspire the common dispositions of the various moods, butinstead is enhanced and degenerates into a real bike passionate,psychic hyperesthesia (Krafft-Ebing).

The sovraeccitabilità of morbid hysterical authorizes us tobelieve in these extreme susceptibility to exalt for any reason ofprovocation, maxims, then, when that belongs to the sphere oferotica, and thus contributes to arouse jealousy, resentment, anxietycontrast, the despair of abandonment. The suggestive action, madepel irrepressible charm of imagination, very easily, in casesnegligible, from the body to the shadows, it ends up messing thelabile psychic equilibrium, and anger is the effect of persecutorydelusion, with shots or burst of extreme violence.

In criminal cases the most complicated, in sensational hearings

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the judge and especially the jury, he can not become reason foratrocious crimes fugitive for reasons that do not even deserve thehonor of being taken into account: the accused or can not defendthemselves, closed in the dark pain of the misfortune that has fallen,or exaggerates so in adduce his reasons not to be believed and,almost always, to give rise to suspicions of sinister malice, deceptionor dissembling non-existent.

When the defender, in view of similar cases, will endeavor to askthe excuse of provocation, even for trivial reasons, but which, due totheir abnormal psychic hysterical, because they were so seriouseffects disorganisers of consciousness and profound disturbances inthe domain of affectivity, the accuser, if it is not scientific at hisministry, will begin to syllogizing on the disproportionality of causeand effect, to induce the belief that managing Financo strange, in thiscase, that a murder was committed for so slight reason, as thestranger would admit that competes into the accused the benefit ofprovocation!

Up to that, remember, from the halls of justice are not banditsabstract aphorisms syllogistic, and will not be replaced, insteadthereof, temperance that comes from the relativity of our beliefs, theerror will find the way to penetrate the mind of the Court and toupset the holiest principles of fairness and truth!

Between 'criteria measuring the excuse of provocation thatinferred from the Carrara wanted' interval longer or shorterinterceded between the offense and the reaction; precisely because,according to that writer and others of the classical school, the affectsare not worth to be sorry, because if you do not have, among others,the character of an action rapidly and within certain limits short,vehement , that wins the ordinary calm reason.

We agree, in general, to admit the criteria set out, but alas, inpractice, to grant them absolute authority! The elasso of time mayresult in the calm, after the mind was disturbed by reason of anyoffense; but nor is rare to happen, may still be cause for resentmentwhich intensifies and bursts in subsequent surge of anger; Whereforemeets usually in hysterical and anyone who does not enjoy the fullintegrity of the sensitive and emotional faculties.

10. -After had mentioned the state of feeling and emotion ofhysterics, to the consequences of excuse of provocation, shall we sayof the neurasthenic .

Neurasthenia, this was nevropatico, that in our day affects its

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effects in such large measure of all social classes and so that is theexponent of the exhaustion of the spirit in the struggle with himself,as the squandering of inadequate energy for the needs of existence, itis only recently that the study of the psychiatrist is passed to thestudy of the psychologist-lawyer, and what pel order to enlighten thecourt in continuing doubts and difficulties beliefs inferred in himwhen he is having to pass judgment on the degree imputability ofunhappy sometimes unfairly deemed more prone creators of crimes,only because less adapted to engage the brake means suggested bythe civil society. Having to fund a degenerative irritable weakness ofthe nervous system (Krafft-Ebing), neurasthenia should bedistinguished by the following characteristics psychic general atony,with functional impairment of kinaesthetic sense; liabilities ofconsciousness in which it is external or internal stimulation;lowering of the discriminatory powers with its repercussion in theassociative processes; affectivity tumultuous, violent; intermittenceof consciousness in transitional periods; recklessness in the actions;foresight of the future; vehement onset of fixed ideas, which besetthe soul, and it upset the rhythm of balance; proclivities to impetuouspassions, especially anger, revenge; excitation, emotion that canreach the level of delusional mess. Especially the shape eretisticaincludes the dir Bianchi, individuals often quite advanced in thesphere of feelings and intelligence, but that under the most triflingstimuli sovraeccitano, are moved, they exaggerate judgments andactions over which they can exercise their debt control, withmutilated waste of energy; are violent, impulsive, are alarmed byanything and rush things[154] .

11. -FU praiseworthy thought of our legislature to add to the oldnotion of provocation, restricted to the disturbance of anger, benancothe assumption of responsibility handicapped as a result of the surgeof intense pain.

We talked coenaesthesia of the criminal and the concomitantsomatic pain: to complete the knowledge we have to penetrate moredeeply into the soul of the offender and see how it pain, it germinatesand is confused with the activity criminal energy, and thickens andworry about herself and hid the most intimate parts of the heart.

Do you see that man who, lucky for rich social position,respected everywhere, drew, it is not healed, peaceful and happy life,embellished by domestic peace, flattered by shining hope in thefuture? He is now brooding, he is tired, dejected; just love theconversation, point delights of convenience features waves:

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sometimes inclined to sadness, more often concentrated in gloomythoughts, worried about a mystery that and strives to keep closed initself, jealous that if you match their existence. If he works, and ifconversing, the keen observer guesses him in the confusion,indecision, the shy gleam of thought: faith in the future has beenshaken; the mind at intervals, darkens, and the man, who appearedjust before the object of envy, you made a sign of curious attentionof the public, wary of concern on the part of the intimate. He haspenetrated the soul of the first suspect, and afterwards the beliefbetrayal of faith conjugal ago in source of tranquil bliss, of ferventwork, better sacrifices of patients. In Empire he took the pain, which,to be more intimate, it is also more sad, more depressing: not findingvent in the loving confidence, focus and besieges the soul and itextinguishes any resource of relief.

Unsure about the remedies so bad, the unhappy mangle itselfdoes not know that the same; anxious that by itself is forced awaythe bitter cup to sip drop by drop, no longer feels love for lifetrasmutatasi in the theater of bitterness: considerate to preserve thesupreme good of life, honor, feel the passion bubbling in the heart of'hatred, anger against those who were due to voluntary seriousoffense: the brink scavatosi under his feet, he is not afraid ofanything but not satisfy the duty imposed on him to avenge theoutrage endured, restore, quand 'Also with the crime, his moralbalance upset dall'onta thalamic violated. The idea of fixed-writesBourget-produce the same effect on our heart a bright spot on oureyes and motionless; she hypnotizes being dominated andcircumscribes its sensitivity to a small circle of feelings at all.

Thus, the hapless betrayed spouse, the victim of intense pain, oragitated by a rampage; by jealousy, which refers to the sweetness ofthe lost pleasures of love and arouses repugnance for those whodespised his happiness in giving to the wishes of others; by thethought of dishonor caused to the person, to the surname, theirchildren, their relatives; from the conviction of an irremediable evil,not imbued the empty excavated from disgrace if not by resorting toextreme means of revenge!

The described example is among the many severe pain forintimate reasons; but there are others, which are converted into thecauses of crimes and apologize, as well as by law, for the commonsentiment of pity, pitying the sad destinies inseparable from humanlife miserable.

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The emotion common to the states, alternating or continuousintense pain, is the sadness , whose characteristic physiological andphysiognomy is the paralyzing action she exerts on the voluntarymuscles (Lange).

She is either negative or positive in the first form invades andfills the soul itself, bringing it down and depriving him of the veryhope of remedy; personal energy is lowered below the level of theknee-jerk reaction; is dried up the source of desire, the will;darkened the horizon of thought; annihilated the spirit, closed theroad to the hope; prostrate benanco the strength to protest or askother people late. The man is destroyed, because he was not anyshore existence, and it is known to all, that life is sustained byillusions, by faith, ideals; woe to those who bare it and creates avacuum around itself in; poor who, for misadventure in statedcondition so much reduced in abject!

But the sadness can be active (second form); that which, usually,are met in the second stage of strong moral pain. The man begins,little by little, with reactivate the interest of life; with the efforts ofautosuggestion regains faith in himself, and in others; the horizon ofthought is flattened, the will is ready, impatient of delay. Manyobservers-little-noticed easily mistake this stage, so to speak,accommodative intimate pain of an offense, with the calm generatedby the conviction and dall'assuefazione, the victim, to testify andbear resentment, even in the future, with resignation the disgracesuffered either directly or indirectly. The apparent calm can not hide,beneath the tempestuous fury of the soul of Othello, or the reflectiongloomy, inflexible, waiting for the opportunity of revenge, as inHamlet; but the pain continues to dominate, and when other less selbelieve, bursts furious vengeance, to the amazement of those whobelieved, for the apparent calm, quetata the storm, which, at themeeting, keeping hidden in the depths of the soul , had need of newbreath of wind to burst and overwhelm everything!

II.

Self-defense and state of necessity.

1 Character of legitimacy or justice of need and relevance in

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discriminating the legitimate difesa.-2. Stadium physio-psychological mechanism of defense of man: physical factors,intellectual and morali.-3. Assessment of fear of what foundationnatural legality dell'offesa.-4. Psychology of fear; esquilibriopsychic; secondary coefficients of the need to difesa.-5. Systemfollowed by our Codice.-6. Delimitation of legitimate difesa.-7.Self-defense in the person of altri.-8. State of necessity ; its legalcontent and logico.-9. Theory of lawyers romani.-10. Differencebetween the state and the legitimate needs of difesa.-11. Extremestate of necessità.-12. The heaviness and the imminence ofpericolo.-13. The ' randomness and inevitability of pericolo.-14.The state of necessity for the salvation of others .

1. -A completion of certain legal forms of criminal psychology,we discuss the self-defense and state of necessity. In so doing,prescinderemo notions purely of law, unrelated to the matter of thisbook.

Speaking of self-defense, elsewhere[155] wrote the followingobservations, which, remember, after about ten years, serving as anew subject in order to convince the reader as if it were the constantin us the conviction that the only effective and positive direction incriminal matters was to not dissimilar to the principles of thescientific school dynamics , and mistakenly lovers of anthropologyand sociology, criminal han wanted to turn away, then when placedin support of their theories or the unique element somatic individual,ie the absolute influence of social needs .

Almost all the writers warn the defense in the nature oflegitimacy or justice ; of necessity and actuality . It is legitimate toeverything that is not done against the law, contrary to repel anattack anti-juridical: what more does not happen when you firstcause of evil who thereafter is rejected with the loss of others. Theneed is inherent to the imminent danger of the evil; is imposed bythe exceptional condition of not being any longer able to haverecourse to the protection of the law, but having to rely on thestrength of private individual work. The actuality, then, has theobligation to terminate the right of response so soon as the action hasceased. The character of legitimacy can be assessed objectively, atthe base of some legal prescription, which, by determining thepermitted or prohibited nature of our acts, we also learned how toestimarla. But the character of necessity and actuality are consideredsubjectively and in relation not only to the special circumstances that

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accompanied the violence, or the attack, and the offense or reaction,but also in relation to the character of the injured and of ' particularoffender and the state of mind that led to the offense to react.

With this method, going back to the intimate nature andprimitive man, you will find that the discriminant of self-defense,rather than rest on the enjoyment of a right or the fulfillment of aduty, and on the need to obey a compulsion, is the result of aspontaneous dynamic law, which is constant; presides over anyhuman action, individual or collective, and is carried in theprevalence of energy conservation being in collision with otherenergies that would destroy the nature or substantially hinder theimprovement . The struggle for existence or preservation, which isthe natural demonstration of life dynamics of animate beings, whenvogliasi concern in relations between individuals, it is convertedmainly to energy conservation; precisely because, as was mentionedby us, beings, individuals, and man in particular, are the product ofsome special energy which, by its own nature: whereforedifferentiated from the rest, gets the upper hand in the fight tocontinue the production and processing of human and impression onhim the new appearance phenomenal risultatane. The man, attacked,defended, did not, of course, the time to think about the right or theduty which pertains to him, or to measure the state of stress in whichversa: in him the instinct of conservation rimugghia by powerful 'depth of the heart, and the reaction is the fulfillment of a mechanicalmotion that occurs spontaneously and is exercised.

Who would want to test the obvious, relates to those of ourautomatic movements and unconscious in the presence of some factthat suddenly, and almost always by accident, threatens our well-being: the hand runs fast to remove an object that was to be pouredupon us; the eye, the bending of the eyelids, is defended from thedanger of offensive contact with external objects; the repugnance ofsmell to some foods tells you that these ill-befitting to our needs ofnutrition and wellness. In these motions is the seat of the instinctivereaction of offense to dismiss the unjust violence, which threatensdanger; and the reason why appo all peoples and all legislation notever doubted the natural origin of the moderating blamed protection,although discrepant applications if they do in practice.

2. -Senonchè, the mechanism of defense of man, on the facultyof rationality in him, even if you start from spontaneous motion isaccomplished in motion reflexes: the simple impulsivity beginningof the current violence are added various factors, which should be

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classified into three orders; in physical, intellectual and moral. Areall those physical factors that, depending on the presence or absenceof a pain to a pleasure enjoyed, determine the mental stateconvenient to the choice of the means of offense in preference forthe use of guaranty authority or the law. It is so strong proclivities inthe state of pain, injury, that sometimes we are tempted to dismiss,against our will, who, cagionandoci a transient pain, intends toprocure the recovery from some morbid physical affection. Thebrutes, which is most of us feel the strength of the instincts purelyphysiological, reject the action with painful reaction as strong assudden.

Coefficients are intellectual ones that connect to the report of theevents, or previous or concurrent or later: that is to say, they dodepend on the prevalence of a given provision from the competitionsimultaneously psychic effectiveness of all ideas that haveconnection with the event violence has occurred and what thereaction to occur to reject it. Moral coefficients are those that relateto the feelings or passions, which prepare or accompany the criminalconflict of attack and defense. All of these factors can besummarized as a concept and in a sense; the concept of danger andto fear .

The danger or physical, and produces constriction to dismiss alawsuit disorganizing of our physiological well-being; or intellectual,and it is the synthesis of all the ideas that are the result of instructionand education, not that of the legal and ethical requirements, and theextent or proportion of the damage, which it seeks to avoid and whatwill ensue dall'appigliarci, with preference, the private use of force,and not through the law or competent authority. The danger, in theend, whether it is moral, is transformed into a feeling of fear , whichconsists of a psychic disturbance or disorder in a faculty with risingenergy instinct of conservation of energy and reduction of skillsacquired and the causes of their refer.

In contrast to trends, each energy instinctive seize the upperhand; the reason is because the power purchased from us, or ratherdeveloped, for the welfare state, imply, why have weight, thecondition of a legal nature; which condition, whereas disappear withthe exceptional event not to avail ourselves of the protection of thelaws, leads him to the disappearance or weakening of the power ofthe reasons we contain to act within the law and respect the rights ofothers . Who up to this point has followed in the analysis of thetheoretical dynamics in criminal matters, deemed easy, necessary

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that the state of defense is the opposite of the state of crimepunishable. Pel delinquent, Is there prevalence of criminal energywith choice, more or less conscious of appropriate means in order toact on the effectiveness of the plea, which was converted to itsobject; for those who legitimately defending itself, the prevalence ofenergy is an action of order or restoring balance, natural and civil,against which she rose the violence of the aggressor. If, then, thereare laws that punish first, because there must also be a law thatfulfills the second?

3. -Parlandosi fear, foundation natural legality of the reaction,they wanted some, such as pel danger, formolare an exclusiveprecept, which were adopted almost logical rule and constant. Hesaid, therefore, that such a precept was inferred from the nature ofthe damage, that comes under threat; heaviness and the inevitabilityof it, and the kind of media that do or could make use, in sendinghim back. The Carrara, for example, writes[156] , which, becausethey fear agreements this powerful effect of making a legitimate actviolator of the rights of others and materially contrary to the law, isnecessary in all cases to rule absolute , in that they are doing harmthese three requirements: 1 or injustice , 2 or gravity , 3 or

inevitability . And, speaking of the requirement of inevitability, headds: "Of course, if the evil which threatens us, we could escapeotherwise than with violating the law, the violation must remainpunishable; because the will of the agent was no longer restricted inthe choice of two evils equally serious; and law enforcement couldbe observed, as long as he should elect the means by which innocentand would have avoided the damage their own and others. Evadeotherwise from evil, that there is threatened, you may or predictionswith the front , or with measures later , or shelters concurrent .Therefore, the inevitability in danger, which led to to act or react, itis apparent from three separate criteria: 1 or that it is sudden ; 2 or

that it is present ; 3 or that it is absolute '[157] . Here is an argumentwhich smacks of excess: because, even when it comes to define themeaning of each of the three separate criteria, you will never get tostate, in an indefinite series of facts, circumstances in which eitherone or the ' other, or all together, they have to be formed. TheBerner[158] , starting from the need to protect a right attacked, whatdoes remain an assault against unfair and current, concludes muchmore logically , that "it is not necessary that the assault is unforeseen, nor that defended the right is irreparable. If you keep self-defense

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in its simple concept, that's right, that is, must not bend in front of aninjustice, it is clear that it is also applicable to a compensable claim." Exaggerating in restrictive systems, you come to create the rulestoo abstract and arbitrary, which, if satisfied with the scientist, cannot be harmful unless pel judge, who, not of eligibility, but theimputation is called upon to decide, and it has an obligation toconsider all the circumstances which accompany the fact and alterthe character; the attenuate or aggravate it.

4. -L'errore writers, who laid the foundation of the self-defensetheory of coercion , is in having transformed the notion of fear onthe idea subjective and relative criterion in essential and objective.Then we adopted the concepts of heaviness and of absoluteness isnot always commensurate with the reality of things, in fact most ofthe time too hypothetical. The fear, because of the moral defensive,not to separate from other causes physical and intellectual thatdetermine the choice and the use of force private and not the publicforce and laws. Until the danger is purely physical, it will not bedifficult to resort to legal means, the act of repressing instinctualreaction; likewise occurs in danger intellectual-looking, becausethere is the ease of stronger intention not to react pel competitionshould be of all the ideas that are the source of right and duty; but itis not so pel danger befallen fear, because in this case the moralbalance or is weakened or destroyed. He will return as clear here isthat if you look at some examples. Dude is threatened by Caio forinvoluntary action or negligence. The danger for Tom is alreadyphysical, because something has been achieved, which casts doubton the mood on the preservation of our bodily integrity; Tom will beeasy and yet that does not react.

The reason is because he knows with certainty that the criminalact will not be repeated; Epper does not require that both antivenutoor promptly repressed. And also: Tizio Caio threat of death; these, ifthe execution of the threat is not immediate, does not believe day torespond using their own strength, because it reflects the opportunityto have handy to get in condition, in the future, not to fall victim ofthe opponent, and the right to take revenge , who rests with him, bythe help of the punitive law. But it is not the same as the physicaldanger, winning every brake intellectual, turns into a feeling of fearand come to take possession of our souls. The disturbance, whichfollows destroys in a few moments the hard work of good and longeducation, by virtue of hereditary rule of law; makes disappear orattenuate the force coming from the conviction of incurring possible

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liability, having one day give an account of their actions, althoughnot criminal.

Knowing, however, understand the intimate connection betweenthe mental and physical energy, and afterwards see the state ofconfusion, it is only in appearance contemplate the psychologicalproblem of the moderating blamed protection. The greatest difficultyis when we do we study the relation between the energy ofdisorganizing reason, because of the danger, turned into a feeling offear that is due in esquilibrio (why not consistent with our usualnature), and mental and physical abilities to drive harmonizedrational and conducive to the preservation of the legal order, whichreflects externally our internal order. It is in every state of emotionalimbalance weakening or obliteration of consciousness; Wherefore heis not even from the purely moral or subjective, the action describedthe crime committed would have been sufficient and plausibleargument to criminal liability.

The law of necessity, necessary defense , is the law of thedominant reactive: it comechè is not purely mechanical, as in thephenomena purely automatic, obeys the dynamics of conservationand energy trends proportions instinctively protective of personalintegrity. The psychic state described here is normal for those whoreacts driven by the need to defend themselves; is the state, that is, ofthose who clings use of force private because really and absolutely isnot able to enlist the assistance of the law. But, very often, the actionis the result of a competition of several other factors to consider thatputs good. The first and most common factor is that of revenge .

Fear strikes the soul, the feeling of revenge him up again, and thepassivity produced by the surprise attack is won by the rebornreaction activity, which automatically befalleth conscious. At thispoint, from the depths of consciousness awakens a second factor, theidea of law in its correlation with the duty of the opponent; the rightto respect, duty, in others, not to break the order imposed by law andby the necessity of social life. At the same time comes to mind anumber of ideas, which for the first they did not feel their presence;ideas of all the duties we have provided performances to keep us therespect to conservation; ideas of the harmful consequences, moraland material, that would result if the wrongful act had not repressed:to which is added a certain instinct, as tamed by progress andcivilization of man, just as powerful (if not met, the ordinaryconditions of life entity) to feel drawn to the destruction of similarblandishment prominence, albeit brute force against anyone who

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dares to be contrast. The law of force, condemned by the moral,repressed by the admonition of the law, reborn powerful, all over thebrutal force, whenever morality and the law lost the empire: theindividual replaces the company, and in the supreme moment of thefight between his own existence, protected by the conviction of thelaw, and the work of others in contradiction of the duty, the choice isnot in doubt, as the conservation of being, besides the spontaneous,is the result of regular reflection and adaptation to the consortiumsocial which we belong.

5. -Pel our Code of self-defense is limited to the person , that is,as expressed Zanardelli, to life, to personal integrity and decency,not to the goods ; UNLESS violence to the same should be combinedwith an attack on the person. The Code § 53. Pen. German, fromwhich the art. 49 of our Criminal Code is taken, requires that"necessary defense is what is required to fend for itself or anothercurrent aggression and unjust." And the writers interpetrano,according to Berner[159] , which, being the foundation of theprotection of the right to self-defense, she extends not only to thedefense of the body, life, property and honor, but also the rights ofthe family (adultery), freedom of lien, an easement, etc..

6. -This theory, as it is said, is not accepted by our legislature.The Zanardelli, commenting on the art. 357 of his last

project[160] , so it meant the reasons: "It is doubted whether thejustification for the murder and for personal injury, universallyaccepted when it comes to defending a person should be admittedeven if it is to defend property . Our code projects have consistentlyrejected as exorbitant, the theory accepted by some writers and somecode, according to which it would admit that even the sole purposeof saving the stuff, it is always legitimate to kill the thief. "Theproperty (Nicolini wrote) what is so mild compared honor and life,that would be too avvilir these goods sovereign giving the sameprivileges; for it there is always time to implore the judgments. Whatif violence is always inexcusable, quoties quis id quod sibi debeturnot judicem reposcit (L. 7, D. XLVIII, 7, to leg. IUL. privately dethere ), much more dev'esserlo when in revenge of the propertyviolated is spends a 'frowns and blood "[161] . But, if the attack onthe property has such characters, or occurs in such circumstances tobe presented by the attack almost inseparable to the life or personalsafety of the owner, then all restraint must cease to thieves andaggressors; and those who are placed in danger has the right to repel

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aggression by all means that this effect is needed. For thoseconsiderations, and limited to the crimes of murder and bodilyinjury, the justification of self-defense, which is about art. 50, num. 2(the Project), is extended to the need to defend themselves againstthe perpetrators of violent attacks on property, as it would in the caseof violent theft or plunder, or when you reject thieves, who climb orbattered the house in the night time, or when, happening this time ofday, the house is set in secluded. "

7. -The self-defense is not only permissible to fend for itself acurrent violence and unjust, but still reject it for others. Those whowish to learn the real reason and Ascosa of this precept, which issanctioned by the moral well-Anco, should go back toessenzialissime two notions of human progress; first, that the samelaws which govern the individual nature of man, regulate thecollective; second, that the law, by social status or the gradualintegration of our personality, it came universalizing in its content ofthe report and of empire. The individual, joining his fellow men, notas well rendesi participatory rights by him esteemed and essentialconstants of life, but of all the other waves in potrebb'essere heaccidentally free to use, so it is that the social family, while it is a allcomposed of several parts, each of which has its own rights andpurposes, is likewise organic unity narrow constraints of necessity ofexistence, and needs to be developed between its members for thelaw of mutual coexistence. Love, sympathy among men, all altruisticsentiments, though they have the distant source in selfishness, are ina state of civilization, so spontaneous and essential that, to be put inplace, do not require effort, but the revelation of the character ofexpansiveness of our emotional life and the end of the progress ofbringing the two poles of social existence, that of the individual andthat of humanity.

Any idea or law, theoretically recognized and stopped, had,previously, we have to be permanent basis as a condition of anindividual being or phenomenon; the character of universality isgiven by abstraction, which by considering the individualphenomena rises to a series of general truths, which is due to theabsolute conviction and certainty, which is in us, when we do wejudge or operate guided by light of knowledge already acquired.Religion, deifying this principle is that we must all considerourselves children of one father: everyone feels he is not born to livealone or for himself alone, but to be associated to the well-being ofthe like; as the excitement of altruistic tendencies and the voice of

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conscience to remind us of the moral and legal duty to considerourselves in others, and to do the same for us what we wanted it tobe done. "Which, in truth, as noted by the Nicolini, it is wellunderstood that the principle of the conservation of ourselves.Imperocchè means there has to exist, not that of be educated andcome to the extreme old age; there has surety to satisfy the needs,utility, to the comfortable and also the pleasures of life, withoutassistance from other. What if the natural thing is turning in othersfor help in any of our needs, nature commands us not be slow to rushus when other calls. What is that man in a fire in a ruin, in ashipwreck in a storm or sudden, by which a trade show, or worstman of fair and supports; who is ready not want a helping hand? Andhe afterwards, invoked in need of others, you will reluctant, thoughby his threat, to rush? He said already that big interpetre of everyhuman feeling and reason: whoever rejects the weight, resignation tothe benefit[162] . But who can make perish without this renunciation?It is therefore such a weight inherent in the nature of man, and anecessary condition of its existence "[163] .

8. -There now remains to say that any of the state ofnecessity[164] . Its content is legal in a conflict between their ownand others' rights by reason of fortuitous event of accidents ornatural; the rationale is nell'imperio absolute and inescapable law ofnecessity. The struggle which engages between the man force andthe other forces of nature; between the right staff and that of thesubsidiaries, is the cause, talfiata, a collision of interests, which leadsto the point of persuading us to act to the detriment of others, not tomention that we were animated by feelings of hatred or revengeagainst the victim.

9. -The Roman law stemmed from the irresponsibility withregard to preference for a greater good than one child; EpperLabeone writes: If the momentum of the winds pushed the vessel inanother anchor hawsers, and the pilots have cut the ropes, it wouldcompete verun'azione, if he could not get in any other way than bycutting the ropes. The same Labeo and Proculus thought, that thisshould also apply to the case of networks of 'fishing, in which he hadstruck the ship. Of course, if this was the fault of the pilots, will takeplace the action of the law Aquilia[165] . And Ulpian says, that thosewho, to save their goods, has thrown into the sea of others, is notrequired for Varuna action. But, what if he had done so without duecause, would be required for the action of the fact ( in factum ); if

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with intent to that of malice[166] .The reason was discriminatory responsibility for mulberry,

according as Ulpian refers[167] , admitted in consideration of Justusmetus ; what is something more than the mere consideration ofmaterial entity of an asset in comparison to another. For the sameresults came canon law and the ancient jurists.

10. -According the Italian legislature, we need, first, todistinguish it from the state of necessity in self-defense; as thelegitimate defense is directed to reject the violence of others, that isto say, aggression, whereas in the state of necessity, the conflictbetween their own and others' right is created by a fortuitous eventor natural accidents. In which the distinction is only indicated theobjective side of justification, we are dealing with; which riscontrasiappo all those who strove not to depart, in assigning the legal basisof the state of necessity, by formulas containing, with more or lessaccuracy, the conflict between the two goods in the struggle, and theduty to sacrifice the lesser to preserve to a greater entity.

If so, how many is considered, it would confuse the case ofjustification of criminal inimputabilità with that of civilirresponsibility; could happen, that the need , even in the case ofbrittleness of compensable under civil law, excludes liability action,unless there is found in the fact some evidence of fault on the part ofthe agent, relative to the event of unforeseeable circumstances whichyou deplore the harmful consequences. The very essence of thediscriminant of necessity seems to me that it must be grasped in theextreme of grave and imminent danger ; which is to say, in such astate of mind as to render doubt that contest of conscience andfreedom of acts, which pel our legislature is the first requirement ofany reason attributable to prosecution. And it is too well known, thatthere are states of consciousness in which intelligence and humanactivities are stopped, or want of development or accidental cause,and action, arising from them, must be related rather to 'actionmerely mechanics of the initial motif, which is external or internal,that the reflex action of our mind.

11. -Member extreme state of need are: a ) a grave and imminentdanger to the person , b ) the 'randomness and inevitability of suchdanger; c ) the need to save themselves or others .

The actual content is always a danger , which externally isconverted into a well which is directed against the fortuitous event,and subjectively in a state of fear right . Necessity is the middle term

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between good suscitatosi threatened and fear in the soul of the agent;medium term that arises when before the mind of the individual isprecluded any way of salvation, not to sacrifice the rights of others;and when, therefore, the choice of means the workings ofconsciousness is obliterated, or destroyed, dall'esquilibrio psychiccaused by the imminence of the danger that you are facing. And thelegislature, with the aim to make it less misunderstanding theexposed concepts, have limited the event of danger to the person ,with restrictive meaning that we do vote to be kept bygiureprudenza, lest you do not overdo it on arbitrary assumptions.

12. -The danger must be grave and imminent , whence to drawthe rules rightly estimarlo? The Code is silent, and it is logical;because here as well as for self-defense, pour in appreciation of allsubjective. The gravity and imminence of the characters are notpermanent but transient; their influence on our business is regulatedby an indefinite series of circumstances that becomes impossible toexamine them individually.

13. -The danger to be accidental ("to whom he had not givenvoluntarily cause") and inevitable ("that you could not otherwiseavoid.") It is not accidental that the danger could be expected, andfrom which there is competition in the guise Varuna. What if thedanger had the effect of some of our volunteers did, we would not bein the right to invoke the justification of necessity, having to bear theconsequences of their reckless actions. It must also inevitable, whichis to say, not poteasi otherwise escape that by producing a harmothers. The obligation, in such regard, by law, is much narrower thanfor the legitimate defense. Who is unjustly attacked, as well ashaving the right to reject violence pel end of garentirsi threatened bythe offense, has the duty to oppose that infringes other legal thatorder which is the cornerstone of civilized society, and that limits theaction of each to the point of not allowing that violates the safety ofothers. But who needed, sacrifice the good of another to his owngood, it is not proposed that only one purpose, that of itsconservation; each different reason, instead of increasing in him theright to dismiss the danger, it attenuates the nature of justice andmakes excessive and punishable the act performed. So weunderstand the need of salvation , the last requirement that mustaccompagnar danger, it is not justifiable to the number of times theagent has done prevail some other reason that is not the sole andinescapable to escape from the imminent threat of serious injury: saysome other reason, intending to speak of any factor which, although

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not the only determinant of the action, there has, however,influenced in any appreciable degree, making for adventure, youmust be such that he could not. It is not difficult to find cases inwhich our concept clear land appear. Ammettasi, for example, thatthe fire was burnt to a theater; and that viewers accalchino on doorsto get to safety. An unhappy falls to the ground and trampled, is inclear danger of death. If other, paying no attention, is the above andis the cause of serious injury, will be responsible for the work? -orWill have to answer some of the damage, of which he was theauthor? The answer will be given by the fair to consider whethereverything that happened, it was necessarily needed for the salvationof those who inflicted the injury unhappy fallen; that, if the personwho is madly rushed to the exit door, regardless of what otherssuffer harm, could still linger but he did not want pel reason , say, orI'll go out immediately to go to the theater or to call people whocould come through to extinguish the fire, or for any other reason,which is not exactly the one to save himself, he will answer, theinjury inflicted, in proportion to the importance of the secondaryreason in comparison to the main and urgent to obtain, at any cost,the salvation.

"And most especially-writes the Conti-there needs when it is notlegitimate the reason that led the agent to the violation of the rightsof others, that is, when the threat is not acting on the principle of theconservation law. There is no need, if the waiver of the right wouldhave been just right and natural, according to the ideas and feelingsof the common law-abiding citizens in the country, and oncivilization. There is no need, if there is no struggle between twopre-existing rights, without that for this it funds the exception of thestate of necessity on the theoretical and on the prevalence of thecollision, in any case, of the right major to minor. But, of course, theconcept of necessity be based especially on the policy, invaluable apriori , the proportion between the goods removed and stored goods.And excluded so absolutely necessary, it remains a criminal offensepunishable ordinary; excluded only in part, it remains a fact onlypartially invalid and therefore punishable decreased. If there is need,there is neither excuse nor justification; if you still need it, but forcarelessness or improvidence you gave due to the danger it facedbeing able to avoid, was opposed by the disproportionate action,there is an excess in the state of necessity "[168] .

14. -The legislature extends to the salvation of othersjustifying the state of necessity; strange, indeed, cases of

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discrimination; seemingly exorbitant, to say the Villa, out of reason,that it is permissible to sacrifice the right of anybody to benefit anythird party. Whatever may oppose to the contrary, we notify that,extended up to this point the need, can very easily lead to thearbitrary; missing in action, the extreme right of justification, namelythe fear , and instead were encountered the compassion , which, evenif reason is to reduce the liability, can not release, without that youdo not commit injustice, from punishment those who , following thecouncil broke the law.

The magistrate, recalling the principles on which we havebelieved in discriminating storing the word, it will be prudent inappreciating the facts very carefully, and to consider, in veryexceptional cases, the hypothesis of justification for crimescommitted by those who invoke the state of necessity a danger thatothers ran. The charity, love of neighbor can not distinguishindividual to individual pel if not greater need for respect of each;which dictate sounds injustice provisions when the need not only bejustified by the reasonable opinion of wrong or right, is motivated toaccident and accidental, to which none of the individuals are indanger gave cause.

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CHAPTER XV.

Psychology of proof of the crime.

1 Duty of judge in criminal matters; the laws of the rite and thetheoretical ideas of delitto.-2. The historical truth of the fact; thecriterion of verisimiglianza.-3. Need for a psychology of thewitness; Guarantees logical test testimoniale.-4. Quality of thewitness; importance of his individual cross-sensory, intellectual,and ethical: its bottom sensitivo.-5. Intellectual side oftestimone.-6. The relativity of the laws of logic in the testtestimoniale.-7. The temperament and individual time ,dall'avvenuto crime, are the two leading causes of workmodificatoci testimone.-8. The office of the judge, psychologicalneeds which he is subjected.

1. -Avvenuto the crime, it matters to society to punish him. But,before this office may be fulfilled, is that the court craft, organ ofadministration of justice, is aware of both the historical truth of thefact attributable to its special nature violator of the law. Again, in thesame manner as for the series of notions and further and definitiveknowledge of the event's psychic crime, we are faced with problemsof a psychological nature, and that determined, will facilitate thework of logical investigations entrusted to the judge.

In general, he is to be noted that the evolution of the rules ofritual is due to the more or less scientific knowledge and depth of thephenomenon of crime. When, in truth, the crime consideravasi aninfraction rather than criminal law, of the highest moral principlesand religious ritual Inquisition, entrusted the office of uncertainpractical cases, exaggerated so his methods of research andestimation of the test to shake the feeling of humanity to protest andrebel, neither way intervene today in which, for the errors and falsedoctrine concerns of metaphysics, however, followed by themajority, we have an incorrect legal proceedings because, oh! asfrequent !, irreparable injustice.

2. -Dicemmo, that the first duty of the judge is to realize thehistorical truth of the fact. Words, he must ensure that the violator ofthe law that had real existence and is, instead, an artificial invention

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of people interested in creating false charges. The logic, according tothe psychology teaches us that the facts natural assodano, as a rule,with the immediate perception .

"For a finding a historical fact-writes the must-Masci, in the vastmajority of cases, relying on the perception that others had, andassess the degree of certainty that can be attributed to this, that youmust have, not only the witness, the story, but also a chance toappreciate its compliance to the fact narrated. And since this can notbe compared with the story with the fact, which no longer exists, and(if it could be done it would ruin the assessment of witness), so anyevaluation of a witness is, after all, the evaluation of a clue , of a signof the fact, and is based on the assumption that general logic, which,if anyone testifies anything, the reason most natural of thisdeclaration is that the fact alleged actually happened, and that thetestimony is the track, the sign, the historical fact has left himself inthe memory of those who has received »[169] .

The first criterion of evaluation of the testimony is that the facttold both probable , that is, "that the story has not only intrinsiccoherence and implies no contradiction, but also that it hasverisimilitude, taking account of periods (of time), customs,circumstances in which it took place "[170] .

In verisimilitude, logically fundamental to the credibility ofhistorical fact, the psychologist noted that pel pel witness and judgethe truth attributable offense is not only in the materiality of theevent, but in the character or circumstances that qualify. So that,with respect to the intent of the repressive justice, it is sufficient tostate that a death has occurred, that an object has been stolen; butthat cause of death and the theft was an ' action criminally liable.

Neither object, which, when the judge Siasi convinced of theprosecution or less of a given fact, he has already formed theconviction of the criminal nature of the same and so any research isunnecessary; perocchè it should distinguish, in the acts instructors,interesting two moments: the first, which is where the magistrate, onthe simple notion summary of the act, is induced to promote action;the second, when, by the evidence, he decides to return the defendantto trial.

The verisimilitude as a criterion of proof, it is sufficient pel firsttime; erroneous pel second, it needs the certainty of conviction.

3. -The witness, perceiving directly the fact, believed to be inpossession of the truth at all times, according to the effectual

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existence of things, he is assumed to conform to reality . But, and itis the most important problem of psychology to know how and whywe work the mercy of the senses, we relate to the outside world andthey represent, internally, the reality? The judicial logic, that thiswas by Nicolini appealed the procedure, wait, therefore, well toguard against the difficulties and the dangers inherent in the mannerin which the witness was able to take possession of the truth of anevent and can, therefore, be able to topic pel judge reliability.

All writers, from the practical to the great jurists modernlogicians, have dealt with the rules of credibility of the witness,according to the different degree of probability logic of his assertion;but no, I am aware, it is still occupied psychology of the witness.The law of ritual, obsequious to certain traditional dictates, believedto indicate a certain limit to the importance of the court witness,excluding certain to give evidence and other surrounding Guaranteesof moral oath, or legal, the penalty for falsehood; but, pel convictionof the court, such restrictions do not have value; indeed, and notinfrequently observed, some less, according to the law, should meritthe faith, as in the case of a child, is irrefutable reason why the judgequietly formed his conviction or acquittal.

The witness must be surrounded and accompanied by all theprejudices, so that the science makes us aware, in order: a ) tonormal or defective to perceive an external phenomenon; and themanner, b ) so the perceived phenomenon impresses our mind isfixed or records in memory, reproduces, more or less faithfully, thejudicial declaration. It is this constant rule, that our perceptions andrepresentations of the external world are apparently the work of thesenses, but actually belong to our subjective state, transient orpermanent: the meaning is not that simple by stimulation of theinternal receptivity, but vision of reality, the corresponding memory,appreciation, that we belong to the peculiar state of our conscience,or, rather, the psycho-organic individual.

Or, confuse, as is usual, the statement of a witness with that ofothers, and to discern the credibility of each sol taking account ofverisimilitude logic, ie the probability of the argument, it is veryserious mistake very easily s 'invert the terms of the judgment, as faras we attribute to the witness is not very often, so that our personnelto see and judge things, which, then, must be the reasons forconcluding unfailing responsibility or innocence of the biased .

4. -Before you take the baton to try to convince, it is necessary

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that the judge understands and appreciates his ability to perceive thetruth of a fact, the recall mode , to reproduce the reality .

Any event, about the perceptions that we have of it, takes placein given space and time given; these are the two most importanthistorical terms to clarify the reality of things, and these two notionsmust begin each survey investigation, though not willed to wander inthe uncertain and nell'indeterminato.

The witness, placed in front of the event, and obliged, a moralduty, to riprovarne the consequences, begins with unconsciousmental processes, to shape the circumstances of which it is theviewer, depending on his individual cross-sensory, intellectually andethically, obeying the law of necessity selective consciousness ,which consists in the provision of each of us to choose and registerbetween 'memories, including the representations, including theideas that everything is uniform in the way we feel and thinking,ignoring the rest. Several witnesses of a fact, you'll find that anybodySiasi fixed on a specific circumstance or generic and will preservethem, with evidence, the historical entity, while he has neglectedwhile the others took place under his eyes with equal feelingsensitive.

Is believed, by some, that this is done for randomness of things;instead it is the effect of the work of ' attention , which has organicfoundation, from which he can never be separated in all the acts ofour social life. The reticence , many times, is not the result of badfaith, but on the inability to perceive, conceive and to remember thetrue otherwise.

The fund sensitive individual is the cause of accommodativeattitudes to the outside world. The influence of meteors on thekinaesthetic sense; the feeling of sympathy, aversion to data recordsand people; the tendency to fixate on certain objects in preference tothat of others; the power to perceive, to distinguish certain colors,certain sounds; diversity to represent an object with data contours,colorful, sentimental tone, accidental pleasant or painful, depend onour organic constitution, subject to many causes, of which theindividual is little aware of it. In the practice of life, generally, we,talking, working, let's start from the false supposed, that all feel aswe hear and learn all that the outside world with the istesso degree ofliveliness and perpiscuità; but, Is there in this great deception.

The difference in age, sex, culture, status healthy or infirm, arethe main and most common causes of various external phenomena

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hear and learn. Nor just; as the same sensory state is the effect of theaccumulation of energy in our previous stratified (foundation of theego), which, predisposing to shape the consciousness otherwise, inthe stream of acts of this, allow, or not, that add the impression fromthe story by the way.

As for the reasons for the action, in general, also on the way, sothe witness perceives external events, a lot of influences: a ) thesynergy of active action of the sensible object and the sensitiveorgan, b ) the individual predisposition accommodative a givenspecies of sensation, c ) the most complete resonance ofconsciousness because the sensations received externally recur andtake a place in the next series of simultaneous or internal states.

5. -Passando, an examination of the psychic background of thewitness, his intellectual side, the problem becomes much morecomplex; Nevertheless, we are able to have more and more accuratemeans of study; Wherefore the law is subject to a philosophyformulated by Auguste Comte nell'infrascritto way: "to the extentthat the phenomena to be studied become more complicated, at thesame time are likely, by their nature, means of exploring larger andmore varied, without, however, you can get an exact compensationbetween the growth of the difficulties and the increase in resources;so that, in spite of this harmony, the sciences related to the mostcomplex phenomena are not necessarily the most imperfect less»[171] .

The progress made, especially in recent times pel grant of theexperimental sciences, the inductive and deductive logic has greatlyfacilitated the duty to accurately collect and properly consider theevidence of witnesses: but, following the law of relativity of humanunderstanding, it is forced not to exaggerate the importance of suchlogical laws, which suffer from continuous exceptions on the basisof individual circumstances of those whose faith intend to lay ourjudgment.

The witness also lives of needs, needs, passions: its plot islimited to the intellectual needs of his personal life, "writes theComte-exists-in all classes of our research and reports from all large, a harmony between the constant and necessary extension of ourtrue intellectual needs and the actual flow rate, current or future, ofour knowledge, real. This harmony is not the point, as the vulgarphilosophers are tempted to believe, the result nor the index of afinal cause. It simply comes from this obvious necessity: we only

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need to know what we can act on, in a more or less direct; and, onthe other hand, by that very fact that such an influence exists, shebecomes for us, sooner or later; half of certain knowledge "[172] .

6. -FU said, that any test can be reduced to syllogisms, startingfrom premises of theorems or principles, is ending in the finding ofthe thesis to prove. This may be true in the sciences as well or at alltheoretical; not so in the study of the facts for which there is thewell-known Aristotelian rule, namely that the induction must beapplied to special cases ( ἡ γὰρ ἠπαγωγὴ διἀ πἀντων ).

The specialty of the evidence of witnesses, in particular asregards the application of the laws of logic to it, depends on themanner in which each reproduces itself and attaches to his previousknowledge everything that I object form of the experience of life.The need among the intellectual needs and the scope of realknowledge, of which Comte was saying, it is one of the sides of thecomposition of the texture of the brain; it refers rather to the actionof stimulating motives of thought, but another side, and that is whatshape the subjectivity of the ego, is the mental preformation ofmethods and ways of thinking, in the resonance dynamics of thenovels brain waves with the existing staff in the rhythm ofconsciousness, with which the new currents of ideas are need toagree.

7. -Raccogliendo a summary of the reasons that affect a changein the mind of the witness, the reproduction of the fact, with thesame recollection of the circumstances, we say that they are thetemperament individual and the time spent since in the fact that itwas perceived at the time that is communicated to others. Among theemotional and phlegmatic man, between a nevrastico and impulsive,and a balanced and thoughtful, incalculable, Is there a difference inperception of an event: the exquisite sensitivity of the first ormorbid, enhanced by vivid imagination, will ensure that thecircumstances insignificant and negligible they have an impact onthe mind and become fixed in the memory with indelible characters,in bright colors; what will not happen for seconds. And when, in thepublic debate, and the one and the other sien called to testify, thejudge hardly, despite himself, does not feel transported by that ofthose with an animated facial expressions, with colorful word,expressions suggestive goes narrating the In fact, not according tothe accuracy of things, but according to the physiognomy and theimprint of a mind strongly or morbidly impressed.

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As we have done for the criminals, Yea should be done with thewitnesses; divide them into categories and to study the nature andhighlights mental notes. Not because of the one and the other there isanalogy, but why are integrated together, between the commissionand the representation of crime. The witness-if I may-the comparisonis the artist in dramatic comparison of the writer: it is true thatusually a saying that less art and more scorgesi witness in leaps outof the sincerity of the deposed; but it is benanco true, that no one ofus, for efforts that face, comes to delete the personal touch ineverything that belongs to their own acts.

In addition temperament, affect change in the reproduction of thefact, in the mind of the witness, also the time. According as theimpression is next to the event, the representation of this is morelively: the color gradually fades, the colors become uncertain, thecontours shrink and on the register of memory that is marked onlywhen necessary to the memory of truth.

This is awesome for events, deeply passionate, succeeds verybeneficial: the witness back less impressive on the mind of the judge,less dangerous in conveying the erroneous or exaggeratedimpressions. But there is also circumstantial evidence in cases inwhich the long elapsed time, fading impressions, reduces thememory mode which, by chance, would be valuable to the courtobliged to integrate the fact in the totality of historical content.

8. -If the actor or the witness is one who represents or recursdrama court, the court is something the viewer called to giveappreciation.

The judge, however, did not remain impassive before thewitness; he said while he believes, seeks a help to the work, and theCode of rite has for him the special requirements, which redirect andprudently limit the office.

It is commonly believed that the judge's duty is to wait withimpassivity representative for the performance of the facts and toform the final judgment by keeping immune from any influencesentimental or passionate. So it is not, nor could be. There is nonotion-we have demonstrated-that enters the mind, which does notcontain an impressive energy and drive. It would be strange toconceive of a man in which the mind functioned independently fromthe heart. What is demanded only advise is that the heart does not getthe upper hand on the mind, that is to say that the reason is not wonby talent.

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The psychology of the judge also merits special considerationand waits but those who are the subject of 'his studies. We limitourselves to observe, and this for the long practice of the hole, thatany exaggeration, for or against the accused by the court, or is theresult of preconceived concerns of threats and social dangers, notthat of moral propriety or policies, in the case of instructions ofprocesses; or, in the case of hearings, is the deleterious effect oftheatricality discussion, contest spectators of iperboleggiamenti bythe prosecution and defense. If, during a trial, we had leisure tointerrogate everyone present, and to hear the echo of the collectivesoul of all together, we should confess that the foundations of thesocial order, indeed the existence of the world, they rest on theoutcome of proceedings pending yet, oh !, many times, what pettyinterests, merely passionate, sogliamo deal with such care! ... Iconfess, without peritanza, my deep conviction: the day will come,and perhaps it is not far in which the judgment on the criminals willbe given as well as that of the sick; by technical men, not interestedin anything other than look up and see the naked truth of things; withthe calm of the possible experimental and inductive, with a sense ofequanimity, his enlightened judgment sufficient to culture, from longpractice: justice if they benefit you to avoid many mistakes that arefull of the judicial reports!

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CONCLUSION

1. -Pervenuti at the end of our argument, we will add, inconclusion, some thoughts that will complement the theoriesperformed.

The crime is a natural phenomenon at all, his psychic eventfollows the dynamic laws waves all other phenomena are dominated.

The crime, however, has the specialty of being marked by thedegree of evolutionary consciousness of man power; which meansthat it shall promptly notify to take place, all of the coefficientswhich affect to awaken and change in our moral domain, certaininclinations little in accordance with the common rule of social orderof the generality of men. Criminal law, preventing and repressingcrime, tends to confirm this order and to protect the welfare of theindividual and the collective. But you-question-it is always inkeeping with the law, in its prescriptions, state or degree of evolutionof our society; its action is imperative in keeping with the guaranteesof legal and social in which she is supposed to refer wheneverprescribes a penalty for the repression of crime data? The answer cannot be that bad.

The company is composed of legally-as now-is governed by anaccumulation of errors and prejudices against which science has themission to vigorously protest. The blind tradition error, gravitatingon our efforts to progress, stops or slows fatally our journey on thepath of reform legislation; interest in political, economic or classstruggle, dream dangers exist for each reform recommended byscience, and in vain the truth, the result of long meditations, shinesin the eyes of men who aman close in the darkness for beingunenlightened . A few solitary, pay to seize the prize of their work tothe satisfaction of fulfilling a duty, fan their voices heard to call theirown similar to the recognition of the true scoverto; but they areeither ridiculed or are amazed that others will not listen to thewarnings precious! Judges, jurors, who are responsible for itsoperation of justice, either through ignorance or misplaced arroganceof conservative spirit, follow, impassive, theories now confinedbetween 'old pieces of junk science: if the word of cultured defendercalls them to ignore the truth, oh ! how few of them are listeningwith interest to a clear conscience! Yet all the day must have proof

[270]

of the mistakes in their judgments about appreciation of facts whichotherwise you are doing well in reality: a lot is, therefore, difficultfor us to win the mistake of breaking the altars of idols of the mindso deleterious social progress?

2. -The criminal psychology teaches the evolutionary processand psychic event of dissolution of the crime; and it does not stopeven in the face of problems of choice of means in order to reach thelegislature to restrain or correct the energy of the crime is proper. Itis due, however, to those who administer justice to study, in practice,such theories should disposarsi legislative reforms; precisely becauseit continues the diverse knowledge of the facts is a reliable source togo back to the reconfirmation of those true that they wereproclaimed by science.

3. -Richiamo the attention of any jurist on the commitment ofwriting a work, which contains the teachings to follow, in judicialpractice, for assorgere, case by case, with the principles of science; itshould be a reorganization of the work of many theoretical conceptsand observations of fact, that balzan out by the study of theprocesses, the daily examination of offenders; what is generallyneglected, almost did not have any importance. I believe that eventhe criminal psychology, like any other science, has a theoretical sideand a practical side: it, to buy the importance it deserves, it must beintegrated with the single aim not to betray the exact news andEvaluation of the fact, outside of the fact, regardless of ourknowledge or is hypothetical or arbitrary.

And I wish that a little more interest to awaken in the hearts ofjudges to the teachings imparted by those who dare to bare apartfrom the dictates of the law and investigate the problem ofattribution by the lights that come from today's positive direction;they also have a little more confidence now obvious truth in the eyesof the less visionaries. However, I must note, that already honoredmen of high office in the administration of justice do not scruple, intheir writings, to proclaim the religion of the new science, fightingold theories[173] ; to them, as to all those who make them necessaryfollowers, is glad the applause of those who love the human mind,renewing, and progressing, progressing, always triumphs against theerror!

[271]

INDEX OF AUTHORS QUOTED

de Blainville, 20 . De Francesco, 271 . De de

[272] [273]

[275]

INDEX-CONTENTS

DEDICATION Pag. vFOREWORD " vii

INTRODUCTION1 Contents of scientific psychology criminale.-2. Process

distinction of any phenomenon; natural formation ofpensiero.-3. How is the psychic event legal data punitivo.-4.Genesis of the sanction capital; concept of malice in theevolutionary stages of the legal consciousness of popoli.-5.Brief history of the study of the psycho-physiologicaldelinquente.-6. Today's writers of different disciplines aroundthe delinquente.-7. Stadium integrative psychologycriminale.-8. The theory of dynamic criminal basis ofpsychological studies of the offender; previous scientificRomagnosi and Carmignani.

Pag. 1 to 8

CHAPTER I.The criminal psychic functions.

1 Scientific concept of the word function .-2. Their physical andmental functioning of delinquente.-3. Abnormalities of thesame: general law of equilibrium violated by delitto.-4. Theconcept of psychic equilibrium is the only criterion fordistinguishing between normal man and delinquente.-5. Theethical equivalent of psychological imbalance; His reflexesgiven to subjective and objective of delitto.-6. In the psychicfunctions which consist in their criminal aspect intrinsic andextrinsic.

Pag. 9 to 15

CHAPTER II.The psychic elements of crime.

1 Law of continuity in the psychophysical phenomena; law ofcorrelation between being and his ambiente.-2. The law ofcontinuity and environment compared to delitto.-3. Reasonswhy the operation psychophysical abnormal offender escapesexperimental analysis; rules relating to the proof of the origin [276]

of the physical delitto.-4. The psychophysical elements of thecrime and the internal state of equilibrio.-5. State of mentalbalance; force and motion; reason, cause and azione.-6. Whatis meant by impulse; dual fundamental principle ofpsychology monistica.-7. Psychophysics and its value in thephenomena of esquilibrio of the crime.

Pag. 16 to 22

CHAPTER III.The dynamics of the reasons.

1 Centre of psychic activity; what is meant by reason, impulse,movente.-2. Reasons sensitive, representative and ideali.-3.What is meant by criminal motive ; difference between themotives of laudable actions and motives of actionsriprovevoli.-4. Postulates of reason and energy on theevolutionary stage of the reasons criminosi.-5. The doctrine ofinhibition, the basic dynamics of consciousness criminosa.-6.Modi waves takes the integration process of the psychicenergy of motivi.-7. Assimilation and fusion of motivi.-8. Theaddition or superposition of the integration process of psychicmotivi.-9. Emotional state criminal.

Pag. 23 to 33

CHAPTER IV.Coenaesthesia of the criminal-physio-psychology of the

reasons.1 coenaesthesia or general feeling of criminale.-2. Ontogeny and

phylogeny of the soul of criminale.-3. Insensitivity anddisvulnerabilità of criminali.-4. The eredità.-5. The childhoodof delinquente.-6. The theory of psycho-physiologicalmotivi.-7. Current and potential effectiveness of the reasons;concomitant somatic characteristic of pleasure and dolore.-8.The dynamics of reason-idea ; specification of consciencecrime.

Pag. 34 to 41

CHAPTER V.The conscious process of the crime-stage training.

1 Formation of natural psiche.-2. The germs evil of the crime inthe early days of vita.-3. The genesis of antagonistic forces inthe life of relazione.-4. The early period of trends in criminalfanciullo.-5. The second formative period of personalityidentifies the delinquente.-6. The law of imitation in the

infancy of delinquente.-7. The selection of organic integrativeelements of delitto.-8. The phenomenon of sympathy and itsleggi.-9. Influenza the environment of the family and of theeconomic factor on offense; the education and perversionsereditarî.-10. Influence of necessity sociali.-11. Degenerativeeffect of the suggestive criminosa.-12. Influence ofsentimental reasons that act on the imagination.

Pag. 42 to 53

CHAPTER VI.The basic rules of criminal psychology.

1 is a summary of the principal truths previously svolte.-2.Norma as guide that has the knowledge of the internalrelationships with external phenomena; Law anomalydelitto.-3. The moral order and the shutdown processinibitorio.-4. The ' auto-suggestion engine ; law of theresulting impulse to delitto.-5. Dynamic relationships betweenthe logical and motivi.-6. Organic process and accidentalreasons criminosi.-7. Conservation and development ofpsychophysical factors of delitto.-8. Law of atypical ;anthropological type of criminale.-9. Disintegration of thesoul of the criminal; dissolution of the mental and physicalcapabilities organica.-10. In that, psychologically, this isdissoluzione.-11. The theory degenerative delitto.-12. Theclinical phenomenology of dissolution of personalità.-13.Pursuant to ascertain the hypothesis of the evolutionaryprocess of the criminal and the energy hypothesis interventionof some pathological condition; difference between failureand infirmity; psychological importance of the criterion ofpena.-14. Ineffectiveness of scientific and practical expertisepsichiatriche.-15. Provisions of Article 46 and 47 of the PenalCode; Let them be as the rules of the experts because they failto see the conditions of psychic integrity required foreligibility penale.-16. Need pel expert, a serious croppsicologica.-17. Consist in that the method of experiment andthat of observation ; the address in the experimentalpsychological phenomena; how they make use of the expertspsichiatri.-18. Reasons of antagonism between experts andthe judiciary: the duty of the expert psychiatrist; the duty ofthe psychologist and lawyer.

Pag. 54 to 77

CHAPTER VII.Conscious process of the crime-stage development.

[277]

1 The different classes of constituent elements of the consciousego of criminale.-2. Development of individual character; itsimportance in criminal psychology dell'infanzia.-3. Termsand ways waves organizes the common consciousness andthat of delinquente.-4. The next phase of integration of thepsyche of the criminale.-5. Examination of the emotions ofcrime; the different theoretical-6. Proceedings of the essenceunitary psychic event, the monistic form at the event of thecomplex pensiero.-7. Errors of James and Lange on thegenesis of emozioni.-8. Nature of emotions criminose.-9.Reaction, periodicity, antagonism of emotions: thereazione.-10. The periodicità.-11. The antagonismo.-12. Thepsychological dissolution; theoretical mechanics.

Pag. 78 to 93

CHAPTER VIII.Psychological concept of the offender.

1 What is the delinquente.-2. The psychic product of the crimein the stage of formation, embryonic or ontogenetico.-3. Thekind of Caliban in the Tempest of Shakspeare.-4. TheThersites of Omero.-5. Moral characteristics of offenders informazione.-6. Integrating evolutionary abnormaldelinquente.-7. Analysis of Richard III of Shakespeare.

Pag. 110 94

CHAPTER IX.The dynamics of the criminal psyche.

1 Effectiveness of genetic motivo.-2. The psychology of ideasforces ; additional stages of consciousness routes frommotivo.-3. Stage of discernment of motivo.-4. Stadiumrepresentation pleasant or painful; consequences of the twostages described in the psychic life of the offender; eventsinstinctive; mechanism of attention criminosa.-5. The doctrineof knowledge and the problem of the dynamic content ofthought; the unity of law in nature, in thought, in history;criminal acts such as energy nell'atteggiare otherwise thepsiche.-6. Influence of imagination or fantasy in the processof psychic delinquente.-7. Analysis of that influence,especially in delinquent epilepticus and in that affettivo.-8.The law of similarity and the law of contiguity in time andspace , and the dynamics of the psyche criminosa.-9. Thepsychic dynamics of the offender in the acts of volere.-10.The state of anxiety will result in the polarization of thecriminal; psychology of the emotion of fear; difference

[278]

between the spontaneous act and volontario.-11. Theoscillations of the will and its mechanical process-cerebrale.-12. The acts alternating or intermittent actions ofreasons have appeared; example of Alfieri in ' Agamemnon .

Pag. 111 to 138

CHAPTER X.

Psychology of the criminal.1 What is meant by action criminosa.-2. Esquilibrio anomalies

and the character of the delinquente.-3. State esquilibriopsychic born criminal: distinctive characters that accompany his action criminosa.-4. The organization psychophysicalabnormal born criminal: Notes highlights of his own psycho-pathological attività.-5. The action of the criminal insane;insanity-shaped melanconica.-6. The impulsive mania;obsessions psychic criminose.-7. Examination of the ' ragingHercules of Euripides example of homicidal maniaaccompanied by hallucination impulsive; the emotionsobsessive with impulses of fobia.-8. The criminal actiondell'epilettico.-9. The masked epilepsy or epileptic equivalent.-10. The delinquent for passione.-11. Psychology of ' hate.-12. Psychology of jealousy : Phaedra and Medea.-13. Theaction of the criminal thug passion: the psychology of ' wrath.-14. Examination of Orestes, according to Aeschylus,Sophocles and Euripides, as an example of delinquentpassione.-15. The criminal opportunity.

Pag. 139 to 167

CHAPTER XI.Psychology aggregate crime.

1 Relations between individual coscienze.-2. Laws ofintegration and disintegration of consciousness as it radiatesinto the psychic world esterno.-3. Light and heat energyradiated; quality of the currents of riflesso.-4. The dynamicpace of the psyches concorrenti.-5. The unconscious soul ofthe crowd: the kind of attribution of responsibility for thecrimes of this commessi.-6. Organization of the energies offolla.-7. The emotions of the crowd; their rate of depressionand esaltamento.-8. L 'exaltation in the form of psychosiswith influence epidemic; contagion passionate morbidfeelings and idee.-9. The action of meneurs in folla.-10. Theconspiracy; germination and growth of the microbe of thecrime associato.-11. The shape and esplicamento of emotions

[279]

and the complex of ethical principles made the basis of thecriminal actions associate.-12. The soul of the crowd and thatof criminal associations.

Pag. 168 to 182

CHAPTER XII.The life of crime.

1 Vita individual and collective delitto.-2. Historical life ofdelitto.-3. The requirement in the appearance of the crime;Bovio theory: the law of continuity in the phenomenon ofdelitto.-4. Coefficient of quality and quantity in the vitalprocess of delitto.-5. Causality and uniformity of phenomena;methodical and scientific content of the statistics; criminalpsychology and statistica.-6. I object of crime statistics: valueevidentiary laws statistiche.-7. Fundamental principle of thecalculation of probabilities applied to the life of crime: rulesrelating to the numerical data of the static and dynamic lawsof the crime; Ferri's opinion about the influence of the variousfactors in the determination of the criminal offense;confutazione.-8. Criteria to be followed in the calculation ofprobability of statistical data criminosi.-9. The psychology ofcriminal ethnography, its task and its main obbietti.

Pag. 183 to 198

CHAPTER XIII.Dynamic theory of attribution.

1 Balance internal and external forces; the idea and the feelingof giustizia.-2. What is meant by the principle of causality .-3.The three concepts waves is the attribution; intent ofpsychology criminale.-4. The two fundamental problems ofattribution, the ethical and the legal determinism: the meaningand content of moral positiva.-5. The need for effectual ;determinism determinism organic or vital; consequencescompared to imputabilità.-6. Proceedings of the dynamictheory of malice .-7. Duty, in practice, to abide by the properelements of the specific intent of each reato.-8. Doctrine oftemperament .-9. The two methods for the investigation offraud; the method obbiettivo.-10. The method subbiettivo: thefundamental principle of induction ; attempt a logic ofpsicologia.-11. Rules imposed on the courts for theinvestigation of dolo.-12. The circumstantial evidence offraud in the process; the hypothesis of the fact imputabile.-13.Theory of guilt .-14. Psychology of predictability incolpa.-15. The inattention and colpa.-16. Theory of the case .

[280]

Pag. 199 to 223

CHAPTER XIV.Of certain legal forms of criminal psychology.

I.The provocation.

1 Origin dynamic state affettivo.-2. The action of stopping thephenomena affettivi.-3. Subjectivity of the act provocativo.-4.Abnormal forms of sensitivity in the excuse of provocation:the illusions .-5. The hallucinations .-6. The inner language ;splitting of the ego, an example of a soliloquy of Lancelot inThe Merchant of Venice by Shakspeare.-7. Legal consequenceof the disturbance of mind in a state of agitationallucinatola.-8. Anomaly unconscious process of internalprovocativo.-9. The provocation and the ' hysteria .-10. Theprovocation nevrastenici.-11. Psychology of ' intense pain .

Pag. 224 to 241II.

Self-defense and state of necessity.1 Character of legitimacy or justice of need and relevance in

discriminating the legitimate difesa.-2. Physio-psychologicalstudy of the mechanism of defense of man: physical factors,intellectual and morali.-3. Assessment of fear of whatfoundation natural legality dell'offesa.-4. Psychology of fear;esquilibrio psychic; secondary coefficients of the need todifesa.-5. System followed by our Codice.-6. Delimitation oflegitimate difesa.-7. Self-defense in the person of altri.-8. Thestate of necessity ; its legal content and logico.-9. Theory oflawyers romani.-10. Difference between the state and thelegitimate needs of difesa.-11. Extreme state of necessità.-12.The heaviness and the imminence of pericolo.-13. The 'randomness and inevitability of pericolo.-14. The state ofnecessity for the salvation of others .

Pag. 241 to 257

CHAPTER XV.Psychology of proof of the crime.

1 Duty of judge in criminal matters; the laws of the rite and thetheoretical ideas of delitto.-2. The historical truth of the fact;the criterion of verisimiglianza.-3. Need for a psychology ofthe witness; Guarantees logical test testimoniale.-4. Quality ofthe witness; importance of his individual cross-sensory,intellectual, and ethical: its bottom sensitivo.-5. Intellectual

[281]

side of testimone.-6. The relativity of the laws of logic in thetest testimoniale.-7. The temperament and individual time ,dall'avvenuto crime, are the two main causes of modificationsof the work of testimone.-8. The office of the judge,psychological needs which he is subjected.

Pag. 258 to 267

CONCLUSIONPag. 269 to

271

INDEX OF AUTHORS CITED" 273 to

274

Errors CorrectionsPag. 5 line 22 Gasper, Ferry Casper, Ferrus

» 14 » 10 to incalculable and incalculable» 36 » 8 sanctions of sensations» 71 » 8 when he wrote As he wrote» 7 » 12 proestemi protoestemi» 86 » 30 and Volutive and volitional» 105 » 26 has no meaning have no meaning» 115 (In a footnote) (68) La psychologie , etc.. (68) Op. cit. , p. 267» 122 line 10 soppravenuta supervening» 126 » 1 From the combination In combination» 132 » 6 is accompagata is accompanied» 140 » 24 inconsistent contradictory» 142 » 5 and by and to» 146 » 36 melinconia melancholia» 164 » 37 Choir The Choir

NOTES:

[1] Works , vol. II, p. 45.

[2] Concept and the characters of bad intent , § 1.

[3] Of proc. pen. , Part II, § 871.

[4] Ist. Dir. and proc. pen. , p. 158.

[5] Genesis of dir. pen. , § 510.

[6] Ibid , § 493

[7] Theory of the laws of sicur. soc. , Volume II, p. 33-41.

[8] Éléments de Psychologie physiologique , tom. II, p. 230.

[9] Therein .

[10] The first principles , chap. XXII.

[11] The foundations of morality , chap. V.

[12] Ved. The monism .

[13] Ved. FOUCAULT , The Psychophysique , p. 1-4; HAECKEL ,The problems of the Universe , p. 128.

[14] Ved. intelligence , p. 21.

[15] Ibid , p. 25.

[16] Prof. A. ODDI , Inhibition, etc.. Mouth 1898.

[17] Ibid , p. 112-115.

[18] Treaty of Psychiatry , p. 326.

[19] The problems of the Universe , p. 216.

[20] The man thug , vol. I, p. 386.

[21] Ibid , p. 423.

[22] Ved. LM DRAGO , born criminals , p. 32.

[23] Treaty of Psychiatry , p. 334.

[24] The Man thug , vol. I, p. 134.

[25] Dégénérescence et criminalité , p. 87.

[26] Ibid , p. 89.

[27] L ' units of consciousness , vol. VII of the Works , p. 11.

[28] Treaty of Forensic Psychopathology , p. 347.

[29] The human degeneration , p. 96.

[30] The characters of the delinquents , p. 329.

[31] Responsibility in mental diseases , p. 35.

[32] An Outline of Psychology , p. 17.

[33] Ved. JAMES , Principles of Psychology , p. 221-225.

[34] Comp. Psychology , p. 166.

[35] The characters of the delinquents , p. 379-380

[36] Principles of Psychology , p. 751.

[37] Principles of Psychology , p. 752-753.

[38] MORSELLI , Annot. Problems with the Universe Haeckel, p.171.

[39] Works Filosof. , vol. I, p. 181.

[40] Ved. My book Consciousness criminal , p. 49.

[41] Psychology in the Schools , p. 165.

[42] La Psychologie des Sentiments , p. 424.

[43] Not having been able to attend in person to Congress, Ireturn to the report published by the newspaper of Italy ,n. of April 30, 1905.

[44] ARDIGO , The formaz. natur. and Dynamic. of the psyche ,p. 285.

[45] Ved. P. RICCARDI : Anthropological Theory of traceabilityand basic data of criminal anthropology , p. 258.

[46] Ved. My book The Premeditation , p. 56.

[47] Iliad ( trad. Monti) lib. II, vv. 283-286.

[48] Therein , vv. 276-282.

[49] Therein , vv. 322-331.

[50] Iliad ( trad. Monti), lib. II, vv. 348-350.

[51] Therein , vv. 354-360

[52] Of the Peloponnesian war , Lib. III.

[53] The Murders in the Art , p. 17.

[54] Ibid , p. 41.

[55] Act I, sc. 2.

[56] Therein , sc. 3.

[57] Therein .

[58] Act IV, sc. 2.

[59] Act IV, sc. 4.

[60] Act V, sc. 3.

[61] Act V, sc. 3.

[62] Therein .

[63] Therein .

[64] Act V, sc. 3.

[65] The natural formation and dynamics of the psyche , p.248.

[66] La Psychologie des Idées-Forces , tom. I, p. ix.

[67] La Psychologie des Idées-Forces , tom. I, p. IX.

[68] La Psychologie des Idées-Forces , tom. I, p. 267.

[69] Psychologie Naturelle , tom. I, p. 177.

[70] Therein , tom. II, p. 213.

[71] Psychologie Naturelle , tom. I, p. 215.

[72] Risc. physiologique Elements de Psychologie , vol. II, p.232.

[73] Ved. Course of the Science of Law , p. 114.

[74] SPENCER , First principles , chap. VIII, § 66.

[75] Ved. Compendium of Psychology , p. 151.

[76] La Psychologie des Idées-Forces , tom. II, p. 249.

[77] WUNDT , ibid , p. 153.

[78] Principles of Psychology , p. 791.

[79] Les Emotions , p. 51.

[80] La Psychologie des Sentiments , p. 219.

[81] Life and Consciousness , p. 168-169.

[82] Life and Consciousness , p. 174.

[83] Act III, sc. 5.

[84] Act IV, sc. 1.

[85] Therein.

[86] Criminology , p. 99.

[87] The characters of the delinquents , p. 352.

[88] Psychologie naturelle , special, vol. II, p. 336 ff.

[89] The man thug , vol. I, p. 336 ff.

[90] Ved. FERRI , The Murder , p. 340.

[91] Treaty of Forensic Psychopathology , p. 82.

[92] KRAFFT-EBING , ibid , p. 84.

[93] Treaty of Forensic Psychopathology , p. 119.

[94] Treaty of Forensic Psychopathology , p. 388.

[95] Treaty of Psychiatry , p. 585.

[96] Treaty of Psychiatry , p. 485.

[97] Dell'inv. and hatred , VIII.

[98] Fisiol. of love .

[99] Medicine of the passions , C. VII.

[100] Ved. Tragedy by Euripides entitled Ippolito .

[101] Ved. Euripides' Medea .

[102] Lib. I, ch. 1 ( Trad. Serdonati ).

[103] Op. Cit. , Lib. II, ch. V.

[104] The Libation Bearers .

[105] Elettra .

[106] Elettra .

[107] The man thug , vol. II, p. 491.

[108] Criminal sociology , p. 184.

[109] Consciousness criminal , Cap. X.

[110] The Murders in the crowd , p. 62-63.

[111] PASQUALI ROSSI , Psychology collective morbid , p. 25.

[112] Universal History , vol. IX, p. 355.

[113] Ibid , p. 358.

[114] Criminal psychology morbid , p. 108.

[115] Critical essay of criminal law , p. 61.

[116] Ibid , p. 73.

[117] Statistics , p. 167.

[118] Ved. COLAJANNI , Handbook of Theoretical Statistics , p.65.

[119] On the theory of probability and its application to thephysical and social sciences.

[120] Social physics , Book I.

[121] Therein .

[122] Criminal sociology , p. 241.

[123] Analytic theory of probability.

[124] Logic of the probable , Cap. II.

[125] Social physics , Lib. I, 9.

[126] Ibid , 10.

[127] First principles , Cap. XXII, § 174.

[128] Sociology , vol. IV of Works , p. 104.

[129] Justice , Chapter IV.

[130] Annot. Problems with the Universe Haeckel, p. 405.

[131] Ved. Mine treaty Penal Code , p. 180-181.

[132] Ibid , p. 184-194.

[133] Principles of criminal jurisprudence , p. 147.

[134] Éléments de Psychologie physiologique , tom. II, p. 391.

[135] Logique et Deductive inductive , tom II, p. 13-14.

[136] Op. Cit. , p. 408-431.

[137] The First Principles , Chap. IV, § 24.

[138] Op. Cit.

[139] Treaty of Criminal Code. ital. , p. 192.

[140] BERNER , Treaty of dir. pen. , § 94, p. 138.

[141] RENAZZI , Elementa , Lib. I, Chap. VI, § 2.

[142] Work on the essence and the punishment of intentional

crimes . Ved. Mine treaty Cod. pen. , p. 193 ff.

[143] Psychologie de l'attention , p. 3.

[144] Treaty of Psychiatry , p. 226.

[145] La psychologie des idées-forces , the toms. I, p. 46.

[146] Ved. Spencer, The basics of life , Cap. II and III.

[147] Les Phénomènes affectifs , p. 21.

[148] Program , Part spec., vol. I, § 1289.

[149] Treaty of Psychiatry , p. 200.

[150] Le Langage intérieur , p. 39.

[151] Op. Cit.

[152] Act II, Scene 2.

[153] Genesis of the right pen. , § 496.

[154] Treaty of Psychiatry , p. 608.

[155] See my treaty Cod. pen. , Part. The a , p. 255 ff.

[156] Program , Part. January, vol. I, § 296.

[157] Op. Cit. , §§ 302-303.

[158] Treaty of criminal law , § 85.

[159] Treaty of criminal law , § 86, p. 123.

[160] IND. min. on the project in 1887 , n. CLI.

[161] NICOLINI , law issues , p. III, XXV, no. 8.

[162] METASTASIO , Regulus , act II, sc. 1.

[163] Questions of law , part. I, p. 268.

[164] Ved. Mine treaty Cod. pen. ital. , part. I, p. 271 ff.

[165] Item Labeo scribit, you will cum ventorum navis pulsingESSET in funes anchorarum alterius , ( et ) nautae funespraecidissent is no way alio, nisi praecisis Funibus,explicare if potuit, nullam actionem dandam. IdemqueLabeo et Proculus, et retia about piscatorum, in navisquae ( piscatorum ) inciderat aestimarunt. Plane is culpanautarum id factum ESSET, lege Aquilia agendum ( Dig. ,lib. IX, tit. II, leg. 29, § 3).

[166] Dig. , lib. XIX, tit. V, leg. 14.

[167] Dig. , lib. IX, tit. II, leg. 49, § 1.

[168] Of eligibility and the causes that exclude or diminish (inthe Treaty complete the Cogliolo) p. 149.

[169] Logic , p. 487

[170] Therein .

[171] Cours de Philosophie Positive , tom. II, p. 10.

[172] Op. Cit. , p. 8.

[173] I gain here point out, by way of honor two esteemedjudges from me personally known and for whom the exactfulfillment of their office is yes adornatamenteilluminated by large positive culture and boldness inproclaiming the postulates; I speak of Fortunato DeFrancesco, King's attorney in Lucera, and prof. SalvatoreD'Auria, Assistant Attorney General in Trani.