A very conclusive proof of the thesis that the social position of woman is what explains her lower criminality, is as follows. The difference in the manner of life of the two sexes decreases as we descend the social scale. If the social position of woman is then an important determinant of her lower criminality, the figures ought to show that the criminality of men differs more from that of women in the well-to-do classes than in classes less privileged. Now the figures already given (pp. 482 ff.) upon the intellectual development of criminals confirm our hypothesis completely. Just so the tables upon the financial situation of criminals (see pp. 493, 494); in Austria, for example, 0.2% of the women convicted in 1899 came from the well-to-do classes, and 0.4% of the men. There were no well-to-do women at all among those convicted of the graver crimes. Just so again, in the table of Prussian recidivists the women form 4% of the well-to-do convicts and 14% of the poor convicts.
Finally the figures for the influence of marriage upon criminality show (see p. 513 ff.) that the criminality of widows is very great. This proves that the smaller criminality of woman is not to be sought in innate qualities, but rather in the social environment. For widows are generally forced to come into contact with the economic and social life of the world more than other women.
We have still to explain how social position is a cause of a lower degree of criminality. As to economic offenses, it must be remarked that the small part that woman plays in the economic life has the result that the desire to be enriched at some one else’s expense is less aroused in her than it is in man, and that the opportunity to accomplish the desire is presented to her less often than to him. As to crimes committed for vengeance etc., since women live more retired lives they enter less quickly into conflict with others, and hence are less in danger of committing such crimes. Then the fact that women are less addicted to alcohol must be taken into account. The almost wholly negligible participation of women in political life explains why they are almost never guilty of political crimes, a kind of crime rare enough in any case.
After the long detour that we have made (in order to comprehend what follows), we come now at last to the subject which especially [[478]]concerns us in this section, the influence of the economic and social life upon the social sentiments of women.
It results from this examination that, on the one hand, women feel generally less than men the direct harmful influences of the present economic system, and those of alcoholism; that the influence, very significant for criminality, of the environment in which she passes her youth, acts as strongly upon her as upon a man; and that militarism has no influence upon her, nor has prostitution itself upon the majority of the sex.
Then woman has lived for ages in a state of oppression injurious to the development of the social instincts, which forces her to have recourse to lying and hypocrisy, those two defensive weapons of the oppressed. Just so also her retired life has been an obstacle to the development of her feeling of solidarity with reference to persons outside of the family.
In looking the whole field over I see nothing to justify the opinion that the less criminal character of women indicates a higher morality, whether innate or acquired. The consequences of her manner of life, in so far as they are harmful to the formation of character, are probably counterbalanced by those which are favorable. Her smaller criminality is like the health of a hothouse plant; it is due not to innate qualities, but to the hothouse which protects it from harmful influences. If the life of women were like that of men their criminality would hardly differ at all as to quantity, though perhaps somewhat as to quality.[198]
e. The family. Here we have to take up the question of how far the family in which the criminal has been raised has contributed to make him such. It will be well to begin with some theoretical observations upon the question, what is the effect of moral education upon [[479]]a child (in the larger sense of moral surroundings), and how far does this education in the end affect the adult?
It is unnecessary for us to tarry long upon this. The facts which we shall cite below are more convincing than all the theoretical observations, and they show clearly how great this influence is. Nevertheless some brief observations are necessary. It is not far from the truth, it seems to me, to say that the power of moral education upon the character, and that of intellectual education upon the intelligence, are equal. The thesis has been maintained that the intellectual capacities of all men are equal, and that education is the sole cause of the great differences which exist. No reasonable person would maintain this theory; men differ enormously in their innate intellectual capacities; some have great intellectual power, others have very little, while between the two extremes is found the general average. What now is the rôle that education has to play?
Those who have small intellectual capacity naturally never become superior men, even if their education is the best possible; though by virtue of proper education they might become fairly useful. Those who have great intellectual capacity also need education (though less so than the run of mankind), for otherwise their faculties will remain dormant. Darwin would never have made his great discovery if he had been born and reared in the slums of a great city and had learned nothing (even supposing that, with his poor health, he had not succumbed to such an environment). His acquaintances would have doubtless thought him intelligent, but the scientific world would never have heard of him.