Being nearly four years old, she was certainly a child: and children are human (if one allows the term "human" a wide sense): but she had not altogether ceased to be a baby: and babies are of course not human--they are animals, and have a very ancient and ramified culture, as cats have, and fishes, and even snakes: the same in kind as these, but much more complicated and vivid, since babies are, after all, one of the most developed species of the lower vertebrates. In short, babies have minds which work in terms and categories of their own which cannot be translated into the terms and categories of the human mind.It is true that they look human--but not so human, to be quite fair, as many monkeys.Subconsciously, too, every one recognizes they are animals--why else do people always laugh when a baby does some action resembling the human, as they would at a praying mantis? If the baby was only a less-developed man, there would be nothing funny in it, surely.
Mathias shrugged. After all, a criminal lawyer is not concerned with facts. He is concerned with probabilities. It is the novelist who is concerned with facts, whose job it is to say what a particular man did do on a particular occasion: the lawyer does not, cannot be expected to go further than show what the ordinary man would be most likely to do under presumed circumstances.