faults of the heart were faults of the head; roguish tricks they will call errors, will say they were merely want of understanding, want of reflection, light-mindedness, folly; nay, if need be, they will plead a paroxysm, momentary mental aberration, and if a heavy crime is in question, even madness, only in order to free the will from the guilt. And in the same way, we ourselves, if we have caused a misfortune or injury, will before others and ourselves willingly impeach our stultitia, simply in order to escape the reproach of malitia. In the same way, in the case of the equally unjust decision of the judge, the difference, whether he has erred or been bribed, is so infinitely great. All this sufficiently proves that the will alone is the real and essential, the kernel of the man, and the intellect is merely its tool, which may be constantly faulty without the will being concerned. The accusation of want of understanding is, at the moral judgment-seat, no accusation at all; on the contrary, it even gives privileges. And so also, before the courts of the world, it is everywhere sufficient to deliver a criminal from all punishment that his guilt should be transferred from his will to his intellect, by proving either unavoidable error or mental derangement, for then it is of no more consequence than if hand or foot had slipped against the will. I have fully discussed this in the appendix, "Ueber die Intellektuelle, Freiheit," to my prize essay on the freedom of the will, to which I refer to avoid repetition.
Everywhere those who are responsible for any piece of work appeal, in the event of its turning out unsatisfactorily, to their good intentions, of which there was no lack. Hereby they believe that they secure the essential, that for which they are properly answerable, and their true self; the inadequacy of their faculties, on the other hand, they regard as the want of a suitable tool.
If a man is stupid, we excuse him by saying that he cannot help it; but if we were to excuse a bad man on the same grounds we would be laughed at. And yet the
