《乌合之众·第三编·不同群体的分类与描述·刑事陪审团》第3节

第三编·不同群体的分类与描述 · 第11章 · 第3节

Like all crowds, juries are very strongly impressed by sentimental considerations, and very slightly by argument. "They cannot resist the sight," writes a barrister, "of a mother giving its child the breast, or of orphans." "It is sufficient that a woman should be of agreeable appearance," says M. des Glajeux, "to win the benevolence of the jury." Without pity for crimes of which it appears possible they might themselves be the victims--such crimes, moreover, are the most dangerous for society--juries, on the contrary, are very indulgent in the case of breaches of the law whose motive is passion. They are rarely severe on infanticide by girl-mothers, or hard on the young woman who throws vitriol at the man who has seduced and deserted her, for the reason that they feel instinctively that society runs but slight danger from such crimes,[24] and that in a country in which the law does not protect deserted girls the crime of the girl who avenges herself is rather useful than harmful, inasmuch as it frightens future seducers in advance.

注释摘要

在这一段里,勒庞试图证明一个核心命题:陪审团作为异质性、非匿名群体的一种,其判断并不遵循严格的法律逻辑,而是被情感和下意识的情绪强烈支配。他用来支撑这一论点的,并非一整套严密的心理学实验数据,而是当时律师与法官提供的经验观察。他引述了一位律师的话,说陪审员“无法抗拒一个母亲正在哺乳孩子或一群孤儿的场面”,又借前重罪法庭庭长德格拉热之口说,只要被告女性“容貌…