Eugenics; Sexual ethics; Women -- Social and moral questions
"In Germany, punishment on account of alleged injury to general
interests; in France absence of punishment in order to avoid injury to
general interests; in Germany the police baton is called for in order to
ward off threatened injury, while in France it is feared that the use of
the police baton will itself cause the injury."
The question naturally arises: Which method is the more effective?
Wilhelm finds that these differences in national attitude towards
immorality have not by any means rendered immorality more prevalent in
France than in Germany; on the contrary, though extra-conjugal
intercourse is in Germany almost a crime, sexual offences against
children are far more prevalent than in France, while family life is at
least as stable in France as in Germany, and more intimate. "The freer
way of regarding sexual matters and its results in legislation have, as
compared to Germany, in no respect led to more immoral conditions,
while, on the other hand, it has been the reason why the vigorous
agitation which we find in Germany for certain legal reforms in respect
to sexuality are quite unknown."
It is forgotten, in Germany and in some other countries, sometimes even
in France, that to bring immorality within reach of the arm of the law
is not necessarily by any means to make the actual penalty, in the
largest sense of the term, more severe. So long as he retains the good
opinion of his fellows, imprisonment is no injury to a man; it has
happened to some of our most distinguished and respected public men. The
bad opinion of his fellows, even when the law is powerless to touch him,
is often an irretrievable injury to a man. We do not fortify the social
reaction, in most matters, when we attempt to give it a legal sanction;
we do not even need to fortify it, for it is sometimes harsher and more
severe than the law, overlooking or not knowing all the extenuating
circumstances. In France, as in England, the force of social opinion,
independently of the law, is exceedingly and perhaps excessively
strong.
Public-domain text, read in full here on John Shaqi.
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