Eugenics; Sexual ethics; Women -- Social and moral questions
During the past ten years one of these waves of enthusiasm for the
moralization of the public by law has been sweeping across Europe and
America. Its energy is scarcely yet exhausted, and it may therefore be
worthwhile to call attention to it. The movement has shown special
activity in Germany, in Holland, in England, in the United States, and
is traceable in a minor degree in many other countries. In Germany the
Lex Heintze in 1900 was an indication of the appearance of this
movement, while various scandals have had the result of attracting an
exaggerated amount of attention to questions of immorality and of
tightening the rigour of the law, though as Germany already holds moral
matters in a very complex web of regulations it can scarcely be said
that the new movement has here found any large field of activity. In
Holland it is different. Holland is one of the traditional lands of
freedom; it was the home of independent intellect, of free religion, of
autonomous morals, when every other country in Europe was closed to
these manifestations of the spirit, and something of the same tradition
has always inspired its habits of thought, even when they have been
largely Puritanic. So that there was here a clear field for the movement
to work in, and it has found expression, of a very thorough character
indeed, in the new so-called "Morals Law" which was passed in 1911 after
several weeks' discussion. Undoubtedly this law contains excellent
features; thus the agents of the "white slave trade," who have hitherto
been especially active in Holland, are now threatened with five years'
imprisonment. Here we are concerned with what may fairly be regarded as
crime and rightly punishable as such. But excellent provisions like
these are lost to sight in a great number of other paragraphs which are
at best useless and ridiculous, and at worst vexatious and mischievous
in their attempts to limit the free play of civilization. Thus we find
that a year's imprisonment, or a heavy fine, threatens any one who
exposes any object or writing which "offends decency," a provision which
enabled a policeman to enter an art-pottery shop in Amsterdam and remove
a piece of porcelain on which he detected an insufficiently clothed
human figure. Yet this paragraph of the law had been passed with
scarcely any opposition. Another provision of this law deals extensively
with the difficult and complicated question of the "age of consent" for
girls, which it raises to the age of twenty-one, making intercourse with
a girl under twenty-one an offence punishable by four years'
imprisonment. It is generally regarded as desirable that chastity should
be preserved until adult age is well established. But as soon as sexual
maturity is attained--which is long before what we conventionally regard
as the adult age, and earlier in girls than in boys--it is impossible to
dismiss the question of personal responsibility. A girl over sixteen,
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