(_a_) The biological beginnings of crime have been examined by Lombroso,
Lacassagne, and Ferri; and by some have even been traced as far back as
the vegetable world. Thus Lombroso seems to claim those insectivorous
plants studied by Darwin and others as belonging to the category of
criminals. I doubt whether by any tenable definition of the criminal such
a classification can be upheld, and Lomboso himself speaks with less than
his usual decision. An act which is common to a whole species cannot
reasonably be described as criminal. It may be unjust, even cruel, but it
does not thereby necessarily become criminal. If the _Dionea Muscipula_
that eats an insect is a criminal, much more must the European man who
eats beef or mutton be a criminal. To be criminal the deed must be
exceptional in the species, and must provoke a social reaction among the
other members of that species. We can scarcely hope to find genuine
vegetable criminals, even amongst the parasites.
When we are dealing with the criminality of animals, concerning which a
large body of evidence has now accumulated, it is necessary to
discriminate. It is well recognised by veterinary surgeons that certain
horses are inclined to be undisciplined and revengeful, and that these
characteristics are associated with distinct cranial anomalies; the Arabs
believe these qualities to be hereditary. There is here certainly a very
close analogy to the instinctive criminal; but we are dealing with an
animal greatly modified by man, and these vices are not recorded as
exercised against their own species so much as against man. The case
(apparently well authenticated) of the horse who pretended to be lame, to
avoid going on military exercise, can scarcely be called criminal; from a
horse’s point of view this might be regarded as a justifiable ruse. The
same may be said of the action of the dog who, finding his favourite place
occupied by another dog, went outside and set up such a furious barking
that the usurper came out to see what was the matter, when the rightful
owner immediately pounced on his old corner. Such a ruse, even though
perpetrated against one of the same species, is not anti-social. It is
only when we are dealing with animals of the very highest order of
intelligence that we find any manifestations that can be at all fairly
described as criminal. Thus among the highly intelligent castors, the lazy
castor is pitilessly chased away by his fellows, to die of hunger, alone,
far from the colony. Idleness, as we know, is a very fundamental
characteristic of the criminal, and the strongly marked social reaction
that we see here shows that the castors have recognised this. Something of
the same kind is seen among elephants. Certain elephants, called rogues,
lead a solitary and unnatural life, and are lacking in the humane and
gentle disposition peculiar to elephants generally. The anti-social
character of these elephants is recognised by their fellows, and when the
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