Variability of Human Nature: A Criminological Aspect

Purpose. This article proposes a conceptual model that interprets a human being as a unity of four hypostases: spiritual (Homo spiritualis), rational (Homo sapiens), passionate (Homo cupiditas), and animal (Hominidae). It is hypothesized that each of these hypostases has a dichotomous nature that manifests itself in polar modalities: positive, creative, and negative, destructive. This indicates the variability of human nature, i.e. the ability to change under the influence of various factors. The article reveals the criminological significance of this variability: it demonstrates its role in the genesis of criminal behavior and highlights the types of crimes committed when each of the aspects is chosen in a negative manner. At the same time, one or more of these aspects may: prevail, create various combinations among themselves, be in a congruent state or in dissonance, fragmentation, or chaos, and encourage or restrain behavior. In this way, they determine a person›s modus vivendi and/or modus operandi. Methodology: the methodological basis of the study was formed by dialectical, systemic, comparative legal, and statistical methods. Conclusions. All four described hypostases and their opposing modalities are present in each person and, depending on their variability, shape their nature. Moreover, any one or more hypostases may: prevail, create various combinations with each other, exist in a congruent state or in dissonance, fragmentation, chaos, and stimulate or restrain behavior. They thus determine a person›s modus vivendi («way of life») and/or modus operandi («mode of action»).