“It is not easy to see why any deep human instinct should need
reinforcement through law. There is no law commanding men to eat and
drink, or forbidding them to put their hands in the fire. Men eat and
drink and keep their hands out of the fire instinctively, for fear of
natural, not legal penalties, which would be entailed by violence done
to these instincts. The law only forbids men to do what their instincts
incline them to do; what nature itself prohibits and punishes it would
be superfluous for the law to prohibit and punish. Accordingly we may
always safely assume that crimes forbidden by law are crimes which many
men have a natural propensity to commit. If there were no such
propensity there would be no such crimes, and if no such crimes were
committed, what need to forbid them? Instead of assuming therefore, from
the legal prohibition of incest, that there is a natural aversion to
incest we ought rather to assume that there is a natural instinct in
favour of it, and that if the law represses it, it does so because
civilized men have come to the conclusion that the satisfaction of these
natural instincts is detrimental to the general interests of
society”[182].
To this valuable argument of Frazer’s I can add that the experiences of
psychoanalysis make the assumption of such an innate aversion to
incestuous relations altogether impossible. They have taught, on the
contrary, that the first sexual impulses of the young are regularly of
an incestuous nature and that such repressed impulses play a rôle which
can hardly be overestimated as the motive power of later neuroses.
The interpretation of incest dread as an innate instinct must therefore
be abandoned. The same holds true of another derivation of the incest
prohibition which counts many supporters, namely the assumption that
primitive races very soon observed the dangers with which inbreeding
threatened their race and that they therefore had decreed the incest
prohibition with a conscious purpose. The objections to this attempted
explanation crowd upon each other[183]. Not only must the prohibition of
incest be older than all breeding of domestic animals from which men
could derive experience of the effect of inbreeding upon the
characteristics of the breed, but the harmful consequences of inbreeding
are not established beyond all doubt even to-day and in man they can be
shown only with difficulty. Besides, everything that we know about
contemporaneous savages makes it very improbable that the thoughts of
their far-removed ancestors should already have been occupied with
preventing injury to their later descendants. It sounds almost
ridiculous to attribute hygienic and eugenic motives such as have hardly
yet found consideration in our culture, to these children of the race
who lived without thought of the morrow[184].
Public-domain text, read in full here on John Shaqi.
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