PREFACE

 

 

This book comes from the reflections and experience of more than forty years spent in court. Aside from the practice of my profession, the topics I have treated are such as have always held my interest and inspired a taste for books that discuss the human machine with its manifestations¹ and the causes of its varied³ activity. I have endeavored to present the latest scientific thought and investigation⁴ bearing upon the question of human conduct. I do not pretend to be an original investigator⁵, nor an authority on biology, psychology⁶ or philosophy. I have simply been a student giving the subject such attention as I could during a fairly busy life. No doubt some of the scientific conclusions stated are still debatable and may finally be rejected. The scientific mind holds opinions tentatively and is always ready to reexamine, modify or discard as new evidence comes to light.

 

Naturally in a book of this sort there are many references to the human mind and its activities. In most books, whether scientific or not, the mind has generally been more closely associated with the brain than any other portion of the body. As a rule I have assumed that this view of mind and brain is correct. Often I have referred to it as a matter of course. I am aware that the latest investigations⁷ seem to establish the mind more as a function of the nervous system and the vital organs than of the brain. Whether the brain is like a telephone exchange and is only concerned with automatically receiving and sending out messages to the different parts of the body, or whether it registers impressions and compares them and is the seat of consciousness and thought, is not important in this discussion. Whatever mind may be, or through whatever part of the human system it may function, can make no difference in the conclusions I have reached.

 

The physical origin of such abnormalities of the mind as are called "criminal" is a comparatively new idea. The whole subject has long been dealt with from the standpoint of metaphysics. Man has slowly banished⁸ chance from the material world and left behavior alone outside the realm of cause and effect. It has not been long since insanity⁹ was treated as a moral defect. It is now universally accepted as a functional¹⁰ defect of the human structure in its relation to environment.

 

My main effort is to show that the laws that control human behavior are as fixed¹¹ and certain as those that control the physical world. In fact, that the manifestations of the mind and the actions of men are a part of the physical world.

 

I am fully¹² aware that this book will be regarded as a plea or an apology for the criminal. To hold him morally blameless could be nothing else. Still if man's actions are governed by natural law, the sooner it is recognized and understood, the sooner will sane¹³ treatment be adopted in dealing¹⁴ with crime. The sooner too will sensible and humane¹⁵ remedies be found for the treatment and cure of this most perplexing and painful manifestation² of human behavior. I have tried conscientiously¹⁶ to understand the manifold actions of men and if I have to some degree succeeded, then to that extent I have explained and excused. I am convinced that if we were all-wise and all-understanding, we could not condemn¹⁷.

 

I have not thought it best to encumber¹⁸ the book with references and foot-notes, for the reason that statistics and opinions on this subject are conflicting and imperfect, and the results after all must rest on a broad scientific understanding of life and the laws that control human action. Although the conclusions arrived at are in variance¹⁹ with popular opinions and long-settled practice, I am convinced that they are old truths and are in keeping with the best thought of the time.

 

I am aware that scientifically the words "crime" and "criminal" should not be used. These words are associated with the idea of uncaused and voluntary actions. The whole field is a part of human behavior and should not be separated from the other manifestations of life. I have retained the words because they have a popular significance which is easy to follow.

 

 

CLARENCE DARROW.

Chicago, August 1, 1922. 

1 manifestations   

n.表示，显示（manifestation的复数形式）

参考例句：

• These were manifestations of the darker side of his character. 这些是他性格阴暗面的表现。 来自《简明英汉词典》
• To be wordly-wise and play safe is one of the manifestations of liberalism. 明哲保身是自由主义的表现之一。 来自《现代汉英综合大词典》

2 manifestation   

n.表现形式；表明；现象

参考例句：

• Her smile is a manifestation of joy.她的微笑是她快乐的表现。
• What we call mass is only another manifestation of energy.我们称之为质量的东西只是能量的另一种表现形态。

3 varied   

adj.多样的，多变化的

参考例句：

• The forms of art are many and varied.艺术的形式是多种多样的。
• The hotel has a varied programme of nightly entertainment.宾馆有各种晚间娱乐活动。

4 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

5 investigator   

n.研究者，调查者，审查者

参考例句：

• He was a special investigator for the FBI.他是联邦调查局的特别调查员。
• The investigator was able to deduce the crime and find the criminal.调查者能够推出犯罪过程并锁定罪犯。

6 psychology   

n.心理，心理学，心理状态

参考例句：

• She has a background in child psychology.她受过儿童心理学的教育。
• He studied philosophy and psychology at Cambridge.他在剑桥大学学习哲学和心理学。

7 investigations   

（正式的）调查( investigation的名词复数 )； 侦查； 科学研究； 学术研究

参考例句：

• His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。
• He often sent them out to make investigations. 他常常派他们出去作调查。

8 banished   

v.放逐，驱逐( banish的过去式和过去分词 )

参考例句：

• He was banished to Australia, where he died five years later. 他被流放到澳大利亚，五年后在那里去世。
• He was banished to an uninhabited island for a year. 他被放逐到一个无人居住的荒岛一年。 来自《简明英汉词典》

9 insanity   

n.疯狂，精神错乱；极端的愚蠢，荒唐

参考例句：

• In his defense he alleged temporary insanity.他伪称一时精神错乱，为自己辩解。
• He remained in his cell,and this visit only increased the belief in his insanity.他依旧还是住在他的地牢里，这次视察只是更加使人相信他是个疯子了。

10 functional   

adj.为实用而设计的，具备功能的，起作用的

参考例句：

• The telephone was out of order,but is functional now.电话刚才坏了，但现在可以用了。
• The furniture is not fancy,just functional.这些家具不是摆着好看的，只是为了实用。

11 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

12 fully   

adv.完全地，全部地，彻底地；充分地

参考例句：

• The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。
• They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。

13 sane   

adj.心智健全的，神志清醒的，明智的，稳健的

参考例句：

• He was sane at the time of the murder.在凶杀案发生时他的神志是清醒的。
• He is a very sane person.他是一个很有头脑的人。

14 dealing   

n.经商方法，待人态度

参考例句：

• This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
• His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

15 humane   

adj.人道的，富有同情心的

参考例句：

• Is it humane to kill animals for food?宰杀牲畜来吃合乎人道吗？
• Their aim is for a more just and humane society.他们的目标是建立一个更加公正、博爱的社会。

16 conscientiously   

adv.凭良心地；认真地，负责尽职地；老老实实

参考例句：

• He kept silent,eating just as conscientiously but as though everything tasted alike. 他一声不吭，闷头吃着，仿佛桌上的饭菜都一个味儿。 来自《简明英汉词典》
• She discharged all the responsibilities of a minister conscientiously. 她自觉地履行部长的一切职责。 来自《简明英汉词典》

17 condemn   

vt.谴责，指责；宣判(罪犯)，判刑

参考例句：

• Some praise him,whereas others condemn him.有些人赞扬他，而有些人谴责他。
• We mustn't condemn him on mere suppositions.我们不可全凭臆测来指责他。

18 encumber   

v.阻碍行动，妨碍，堆满

参考例句：

• He never let a woman encumber him for any length of time.他从来不让一个女人妨碍他太久的时间。
• They can't encumber us on the road.他们不会在路上拖累大家。

19 variance   

n.矛盾，不同

参考例句：

• The question of woman suffrage sets them at variance. 妇女参政的问题使他们发生争执。
• It is unnatural for brothers to be at variance. 兄弟之间不睦是不近人情的。