Eugenics; Sexual ethics; Women -- Social and moral questions
In Germany, and more especially in Prussia, which now dominates German
opinion, a very different tendency prevails. The German feels nothing of
that sensitive jealousy with which the French seek to guard private life
and the rights of the individual. He tolerates a police system which, as
Fuld has pointed out, is the most military police system in the world,
and he makes little complaint of the indiscriminating thoroughness, even
harshness, with which it exercises its functions. "The North German," as
a German lawyer puts it, "gazes with sacred respect on every State
authority, and on every official, especially on executive and police
functionaries; he complacently accepts police inquisition into his
private life, and the regulation of his behaviour by law and police
affects his impulse of freedom in a relatively slight manner. Hence the
law-maker's interference with his private life seems to him a customary
and not too injurious encroachment on his individuality."[197] It thus
comes about that a great many acts, of for the most part unquestioned
immoral character--such as incest, the procuring of women for immoral
purposes, and acts of a homosexual character--which, when adults are
alone concerned, the French leave to be dealt with by the social
reaction, are in Germany directly dealt with by the law. These things
and the like are viewed in France with fully as much detestation as in
Germany, but while the German considers that that detestation is itself
a reason for inflicting a legal penalty on the detested act, the
Frenchman considers that to inflict a punishment upon such acts by law
is an inadmissible interference of the State in private affairs, and an
unnecessary interference since the social reaction is quite adequate. In
Germany, Dr. Wilhelm points out, a man who allows his daughter's
_fiance_ to stay overnight in his house with her is liable to be dragged
before the police court and sent to prison for procuring immorality;[198]
to a Frenchman this is a shocking and inconceivable insult to private
rights.[199] So also with the German legal attitude towards sexual
inversion. The German method of dragging private scandals into the
glare of day and investigating them at interminable length in the law
courts is a perpetual source of astonishment to Frenchmen. They point
out that not only does this method defeat its own end by concentrating
attention on the abnormal practices it attacks, but it adds dignity to
them; a certain small section of the community justifies and upholds
these practices, but while in France this section has no reason to come
prominently before the public since it has no grievances demanding
redress, in Germany the existence of a cause to advocate in the name of
justice has produced a serious and imposing body of literature which has
no parallel in France.[200] Thus, as Wilhelm points out, we find exactly
opposite methods adopted in Germany and France to obtain the same ends:
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