Eugenics; Sexual ethics; Women -- Social and moral questions
In many respects France and Germany present a remarkable contrast in
their respective methods of dealing with immorality. The contrast has
only existed since the sweeping legal reforms which followed the
Revolution in France. In old France the laws against sexual and
religious offences were extremely severe, involving in some cases death
at the stake, and even during the eighteenth century this extreme
penalty of the law was sometimes carried out. The police were active,
their methods of investigation elaborate and thorough, yet the rigour of
the law and the energy of the police signally failed to suppress
irreligion and immorality in eighteenth-century France. The Revolution,
by popularizing the opinions of the more enlightened men of the time,
and by giving to the popular voice an authority it had never possessed
before, remoulded the antiquated ecclesiastical laws in accordance with
the ideas of the average modern man. In 1791 nearly all the ancient laws
against immorality, which had proved so ineffectual, were flung away,
and when in 1810 Napoleon established the great penal code which bears
his name, he was careful to limit to a minimum the moral offences of
which the law was empowered to take cognisances, and--acting certainly
in accordance with deeply rooted instincts of the French people--he
avoided any useless or dangerous interference with private life and the
freedom of the individual. The penal code in France remains
substantially the same to-day, while the other countries which have
constructed their codes on the French model have shown similar
tendencies.
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