charge necessarily becomes a more general one. We can only observe, with a moderation almost amounting to weakness, "You seem to be the sort of person who will do this sort of thing." And then we can lock him up. The principle of the indeterminate sentence is the creation of the indeterminate mind. It does apply to the incomprehensible creature, the lunatic. And it applies to nobody else.
The second thing to be noted is this: that it is only by the unanimity of sane men that we can condemn this man as utterly separate. If he says a tree is a lamp-post he is mad; but only because all other men say it is a tree. If some men thought it was a tree with a lamp on it, and others thought it was a lamp-post wreathed with branches and vegetation, then it would be a matter of opinion and degree; and he would not be mad, but merely extreme. Certainly he would not be mad if nobody but a botanist could see it was a tree. Certainly his enemies might be madder than he, if nobody but a lamplighter could see it was not a lamp-post. And similarly a man is not imbecile if only a Eugenist thinks so. The question then raised would not be his sanity, but the sanity of one botanist or one lamplighter or one Eugenist. That which can condemn the abnormally foolish is not the abnormally clever, which is obviously a matter in dispute. That which can condemn the abnormally foolish is the normally foolish. It is when he begins to say and do things that even stupid people do not say or do, that we have a right to treat him as the
