Unfortunately, the increasing facility of obtaining money without

working for it, due to civilization, not only corrupts the sexual life

of the wealthy and the poverty stricken, but has the same effect on

the middle classes. A healthy and normal sexual life must be

associated with honest and arduous work. We have already remarked that

the solution of the sexual question depends partly on the suppression

of alcoholic drink. We may add that another side of the question

depends on the extirpation of the greed for money. If human beings

could work for the social welfare without private interest, sexual

relations would soon take their natural course. But it must be

admitted that it is difficult to find a practical solution for the

problem of social economy.

=Rank and Social Position.=--Class distinction and social position

have always played a part in sexual life. This is especially the case

where certain class customs and prejudices prescribe a special code

for marriage. The consanguinity of the nobility and of royal families,

who can only marry among themselves, has resulted in obvious

degeneration. Originally there was the desire to preserve the purity

of noble blood, and rules formulated with this object at first had

some success; but in the long run the exclusiveness of such selection

produces degeneration of the group which puts it into practice.

On the other hand, the severe rules which govern marriages among the

nobility have resulted in driving the latter to extra-nuptial sexual

intercourse. In their sexual excesses, the nobility, and even crowned

heads, seldom amuse themselves with honest and virtuous girls of the

working classes, but more generally with actresses of loose morals,

dancing girls, and hysterical sirens and adventuresses of all kinds,

so long as they are pretty. Since the time of the feudal system, the

nobility, having lost its real reason for existence, only lives on its

traditions. It remains in general in a state of idle depravity,

faithful to its old traditions, except when it has succeeded in

adapting itself to the work of modern life. It has, in fact, preserved

the vices of its ancestors rather than their virtues.

The more than doubtful offspring of extra-nuptial intercourse among

the nobility have often been adopted or raised to the nobility.

Moreover, kings and princes have often ennobled unworthy persons who

had succeeded in pandering to their follies or exciting their sexual

passions. It is, therefore, not to be wondered at if in the offspring

of such unions, the blood of the highest nobility is tainted with that

of the worst kinds of heredity.

Another sign or effect of the degeneration of the nobility is found in

the marriages they so often contract with wealthy heiresses, often of

mediocre quality, in order to repair their escutcheon. In the Middle

Ages, the nobility regarded it as degrading to work for their living,

and this prejudice accelerated their degeneration; for nowadays the

heroic and chivalrous deeds of the Middle Ages have little opportunity

for their performance.

Other social classes present certain sexual peculiarities; for example

the disastrous consequences of celibacy among the Catholic priests.

This excludes an important and intelligent portion of the species from

reproduction, and also favors clandestine debauchery.

The army and navy also exert a detrimental action on sexual life.

First of all they foster one of the lowest forms of prostitution;

soldiers' women are proverbial, and one of them alone may infect a

whole regiment. In the second place, the absence of normal sexual

intercourse favors all kinds of perversion, such as pederasty,

masturbation, etc. The abominable sexual life of soldiers and sailors

corrupts them to such an extent that when they marry later on they

come to their wives with filthy habits, to say nothing of syphilis and

gonorrhea. The result is the procreation of offspring who are more or

less tainted in body and mind by the effects of venereal disease

combined with alcohol. We have already mentioned the rules which

forbid German officers to marry a woman unless she possesses a certain

fortune.

In the Norwegian mercantile marine the customs contrast happily with

those we have just mentioned, and permit officers to live on board

with their wives. In all respects the Norwegian serves as a model in

the sexual question; does he not favor conjugal life by only charging

half-price on the boats for women who travel with their husbands!

Other classes have a less obvious influence on sexual life. On the

whole, however, all sexual isolation of castes has an unfavorable

influence. Wherever the prejudices of a caste compel its members to

intermarry, certain special degenerations are produced. Good quality

in man is not derived from class or position, but from true innate or

hereditary nobility of character, and this alone should be the object

of positive selection, without any distinction of classes.

=Individual Life.=--There is no doubt that the mode of life of the

individual exerts an influence on his sexual life. High living

combined with little bodily exercise generally increases the sexual

appetite, while insufficient food combined with severe muscular work

diminishes it.

Intellectual work acts in a variable manner. A distinguished

psychologist assured me that intense intellectual work excited his

sexual appetite; others have said the opposite. As a rule, a sedentary

life increases the sexual appetite; a life full of occupation and

muscular activity diminishes it. But the question is complicated by

other influences.

Alcohol diminishes sexual power, while exalting desire or even

perverting it. The artificial excitants of the sexual appetite,

cultivated by modern civilization by interested speculation, act in

rather a different way. Erotic pictures, obscene novels and dramas,

etc., constitute an unhealthy medium in our centers of civilization,

which overexcites and corrupts the sexual appetite. The more delicate

and poisonous the perfume of this atmosphere and the more aesthetic the

refinement by which it titillates the senses, the greater is its

destructive action.

The question of the reunion or separation of the sexes plays an

important part. Life in common among girls and boys from infancy

usually diminishes sexual excitation, in the same way as among

brothers and sisters. We find something analogous in different

branches of human activity where the two sexes live together; for

instance, at college, in the fields, and in general where work and

play is common to both sexes.

There are, however, certain exceptions to this rule, which must not be

taken too generally. Under certain circumstances, life in common of

the two sexes leads to unfavorable and even perverted sexual

excitation. This is especially the case when alcohol adds its

influence; also among nervous or ill-balanced individuals. In my

opinion it is absolutely unreasonable for the superintendent of a

lunatic asylum to organize balls at which the insane of both sexes are

provided with beer or wine. I have only seen bad results from this,

while I have obtained excellent effects from a temporary reunion of

the insane of both sexes, by avoiding all alcoholic drinks as well as

everything which could excite the sexual appetite, such as dancing, or

the bringing together of erotic or perverted individuals. A young

female onanist who suffered from sexual excitement complicated with a

nervous condition, complained to me of being obliged to work as a

telegraphist among young men, as this continually excited her

eroticism without the possibility of satisfying it.

This situation, which is a common one in both sexes, gives us a

valuable indication. No doubt life in common for the two sexes is

normal and natural, but only on the condition that it leads eventually

to normal sexual intercourse as the result of love. It is neither

healthy nor normal to excite an appetite continually without

satisfying it. Any one who wishes to live a continent life, for

religious or other reasons, ought not to expose himself to continual

excitement by too great intimacy with the opposite sex; he should, on

the contrary, avoid everything which tends to excite his sexual

appetite and seek everything which tends to pacify it. I am not

referring here to individuals of a naturally cold and indifferent

nature, who run little or no risk under such circumstances.

Certain occupations, such as those of employees in stores, telegraph

offices, etc., in which the two sexes are closely associated in their

work, constitute from this point of view a double-edged sword. Other

unhealthy and monotonous occupations, combined with bad conditions of

food and lodging, and with all kinds of seduction--factory hands for

example--have a positively deleterious effect on sexual life, which

becomes absolutely depraved when the two sexes work together. The

situation is hardly any better when they are only separated during

working hours.

=Internats.=--All internats, _i.e._, all establishments where

individuals of the same sex live in the same dwelling for a long time,

exert a peculiar influence on sexual life--schools and convents, for

example.

The great inconvenience of all these establishments lies in the danger

of contamination from habits of onanism or pederasty. Inverts are

strongly attracted towards internats, where they find their heart's

desire where they can easily indulge their perverted passions; the

dormitory of such an institution having the same effect on them as

that of a girl's school would have on a young man. (Vide Chapter

VIII.)

This is a matter which has not received sufficient attention in

organizing boarding-schools for boys and girls, because it was not

known that homosexual instincts are hereditary and innate. Such cases

were regarded only as acquired bad habits.

Lunatic asylums are especially attractive to sexual inverts, who apply

for the positions of attendants or nurse so as to be able to indulge

their passions on the insane patients, who are incapable of betraying

them.

Without being homosexual, nor even seduced by inverts, many normal but

erotic individuals try to satisfy their sexual appetite on their

companions--boys by pederasty, girls by lesbian love, and both sexes

by mutual onanism.

The chief danger is that of some sexually perverted individual gaining

entry to a boarding-school and contaminating numbers of normal

individuals, without anything being discovered; because it is much

more difficult to supervise a school than a family. This could be

remedied better by confidence between masters and pupils than by

supervision.

=Varia.=--I should never finish if I attempted to describe all the

influences of environment. The examples mentioned will suffice to

show that, in a natural appetite such as the sexual, the two extremes

of asceticism and excess lead to evil and unnatural aberrations, and

that the important point is to find or create a healthy environment

for a healthy sexual life.

We hear a good deal about good or bad luck or chance in the matter of

love. I do not deny that fortuitous circumstances often determine the

happiness of an individual in his love affairs. But it is all the more

deplorable that what is called the good manners of society make it so

difficult to correct Cupid's blunders. There is room for improvement

in this direction, and many spoilt lives and much unhappiness might be

avoided. The unfavorable influence of environment might often be

corrected by separation or change, if this could be done in time.

FOOTNOTES:

[7] Vide "Alkoholvergiftung und Degeneration" by Bunge: Leipzig 1904;

and "Hygiene of the Nerves and Mind" by Forel: Stuttgart 1905.

CHAPTER XII

RELIGION AND SEXUAL LIFE

=Transformation of Profane Customs into Religious

Dogmas.=--Ethnography has taught us that in the course of time human

tribes often unconsciously transform profane customs into integral

parts of their religion, either by attributing them to a divine

origin, or by elevating them to the rank of commandments of the gods,

or by connecting them with other dogmas, combining them with worship,

etc.

Sexual connection plays an important part in this matter. A great

number of religious rites and customs are nothing else than the

customs of sexual life (taken in its widest sense) which have been

symbolized; inversely, a number of dogmas have for their only motive

the application of a religious basis to sexual customs, which gives

them more authority.

The religious rites react powerfully on the sexual life and on the way

in which the members of the tribe or people understand it. We will

give a few striking examples.

We have seen in Chapter VI that polygamy depends first on the idea of

ownership, and secondly on marriage by purchase, to which it owes its

historic origin. But the fact that Islamism and Mormonism, for

example, have made polygamy an integral part of their religious

dogmas, has given to the whole organization of the Mahometans and

Mormons, as well as to their point of view of existence, a particular

direction which cannot be ignored. In reality, we are just as

polygamous as they are, but our theoretical and religious sexual

morality is monogamous while theirs is polygamous, each based on

contradictory "divine commandments."

Among certain Buddhists, the wife is compelled to follow her husband

to the grave, which naturally influences sexual life profoundly.

Among many savage races there exists matriarchism, which gives the

woman a high social position. This has even been made a religious

dogma, while it simply originates from the natural and just idea that

the mother is much more intimately connected with the children than

the father.

The duty imposed on men to marry the widow of their brother originated

from a profane command intended to regulate unions; eventually this

was made a religious dogma. In the same way circumcision among the

Jews had its origin in a hygienic custom having no relation to

religious faith. This did not prevent it becoming later on as

important a custom as baptism in Christianity. For the Jewish people

it has the advantage of protecting them to a great extent from

venereal infection, and against one of the chief causes of

masturbation.

=Catholicism.=--We have already spoken of the celibacy of the Catholic

priests and of its lay origin. The Catholic religion also contains a

series of detailed precepts concerning sexual connection in general

and marriage in particular; precepts which were only gradually

transformed into religious dogmas. As they determine to a great extent

opinions and manners in the sexual domain, they exert a considerable

social influence.

The absolute interdiction of divorce among the Catholics (man has not

the right to separate those whom God has joined together) seals

forever the most unfortunate unions and leads to misfortunes of all

kinds, separation of the married couple, _liaisons_ apart from

marriage, etc. According to Liguori, the Catholic Church prescribes a

number of details concerning sexual relations in marriage. The woman

who, during coitus places herself upon the man instead of under him,

commits a sin. The position and manner of performing coitus are

prescribed in the most minute details, and the holy fathers make the

woman play a part unworthy of her position as wife, while according

the man the widest liberty.

In truly Catholic marriage it is prescribed to procreate as many

children as possible, and all preventive measures in coitus are

severely condemned. Hence, if the woman is very fruitful, the husband

has only the choice between complete abstention from coitus (when both

conjoints are in agreement) and pregnancies following without

interruption. The woman never has the right to refuse coitus to her

husband, nor the latter to refuse it to his wife, so long as he is

capable of accomplishing it.

It is easy to understand what powerful effects such precepts have had

and still have on the conjugal life of the Catholics, particularly on

the quantity and quality of their descendants.

=Aural Confession.=--Confession requires special mention. In his book,

"Fifty Years in the Roman Church" (Jeheber, Geneva), on page 151,

Father Chiniqui, the celebrated Canadian reformer, who later on became

a Protestant, and for many years played an important part in the

Canadian Catholic clergy, mentions the points on which the confessor

interrogates the penitents of both sexes. One cannot reproach him with

being incompetent.

No doubt the Church of to-day would reply that the confessor is not

obliged to put all these questions and that the details are left to

his tact. We will agree that there is a difference between the Canada

of the last century, a new and primitive country, and the Europe of

the present day. But I maintain: First, that the confessor does not

content himself with listening to what the penitents of both sexes

tell him, but that it is his duty to interrogate them; secondly, that

a celibate Catholic person, extremely serious and virtuous, to whom I

put the question unawares, informed me that not only are sexual

matters dealt with at the confessional, but that they play the

principal role. And, as it is a question of warning the penitents

against so-called sins, mortal or not, or of absolving them, I fail to

see how the priest can avoid speaking of them, when the detailed

precepts of which we have spoken exist.

I reproduce here the original Latin text. It deals with questions

which have been treated in Chapter VIII, so that I shall dispense with

giving a translation.

The confessor puts the following questions to his penitents:

1. _Peccant uxores, quae susceptum viri semen ejiciunt, vel ejicere

conantur_ (Dens, vol. VII, p. 147).

2. _Peccant conjuges mortaliter, si, copula incepta, prohibeant

seminationem._

3. _Si vir jam seminaverit, dubium fit an femina lethaliter peccat,

si se retrahat a seminando; aut peccat lethaliter vir non expectando

seminationem uxoris_ (p. 153).

4. _Peccant conjuges inter se circa actum conjugalem. Debet servari

modus, sive situs; uno ut non servetur debitum vas, sed copula

habeatur in vase praepostero, aliquoque non naturali. Si fiat

accedendo a postero, a latere, stando, sedendo, vel si vir sit

succumbus_ (p. 166).

5. _Impotentia. Est incapacitas perficiendi copulam carnalem perfectam

cum seminatione viri in vase se debito, seu, de se, aptam generationi.

Vel, ut si mulier sit nimis arcta respectu unius non respectu

alterius_ (p. 273).

6. _Notatur quod pollutio, in mulieribus possit perfici, ita ut semen

earum non effluat extra membrum genitale. Indicium istius allegat

Billuart, si scilicet mulier sensiat seminis resolutionem cum magno

voluptatis sensu, qua completa, passio satiatur_ (vol. IV, p. 168).

7. _Uxor se accusans, in confessione, quod negaverit debitum,

interrogatur an ex pleno rigore juris sui id petiverit_ (vol. VII, p.

168).

8. _Confessarius poenitentem, qui confitetur se peccasse cum

sacerdote, vel solicitatem ab eo ad turpia, potest interrogare utrum

ille sacerdos sit ejus confessarius, an in confessione sollicitaverit_

(vol. VI, p. 297).

In volumes V and VII of Dens may be found many such precepts,

impossible to reproduce, on which the pious casuist desires his

penitents to be examined.

Let us now pass on to the celebrated Liguori. Among numerous other

obscene questions of a refined erotic nature, every confessor is bound

to put the two following to his penitents:

1. _Quaerat an sit semper mortale, si vir immitat pudenda in os

uxoris...?_

_Verius affirmo, quia in hoc actu, ob calorem oris, adest proximum

periculum pollutionis, et videtur nova species luxuriae contra

naturam, dicta irruminatio._

2. _Eodem modo, Sanchez damnat virum de mortali qui, in actu copulae,

immite ret digitum in vas praeposterum uxoris; quia, ut ait, in hoc

actu, adest affectus ad-Sodomiam_ (Liguori, t. VI, p. 935).

Let us now leave the celebrated Liguori and pass on to Burchard, the

bishop of Worms. He has written a book on the questions which the

priest should put at the confessional. Although this book no longer

exists it has been for ages the guide of the Roman Catholic priests at

the confessional. Dens, Liguori, Debreyne, etc., have taken from it

their most savory passages, to recommend them as a study for our

present confessors. We will give a few examples:

(_a_) To young men:

1. _Fecisti solus tecum fornicationem ut quidam facere solent; ita

dico ut ipse tuum membrum virile in manum tuam acciperes, et sic

duceres praeputium tuum, et manu propria commoveres, ut sic per illam

delectationem semen projiceres?_

2. _Fornicationem fecisti cum masculo intra coxas; ita dico ut tuum

virile membrum intra coxas alterius mitteres, et sic agitando semen

funderes?_

3. _Fecisti fornicationem, ut quidam facere solent, ut tuum virile

membrum in lignum perforatum aut in aliquod hujus modi mitteres et sic

per illam commotionem et delectationem semen projiceres?_

4. _Fecisti fornicationem contra naturam, id est, cum masculis vel

animalibus coire, id est, cum equo, cum vacca vel asina, vel aliquo

animali?_ (vol. I, p. 136).

(_b_) To young girls or women (same collection, p. 115):

1. _Fecisti quod quaedam mulieres solent, quoddam molimen, aut

machinamentum in modum virilis membri ad mensuram tuae voluptatis, et

illud loco verendorum tuorum aut alterius cum aliquibus ligaturis ut

fornicationem faceres cum aliis mulieribus, vel alio eodem

instrumento, sive alio tecum?_

2. _Fecisti quod quaedam mulieres facere solent, ut jam supra dicto

molimine vel alio aliquo machinamento, tu ipsa in te solam faceres

fornicationem?_

3. _Fecisti quod quaedam mulieres facere solent, quando libidinem se

vexantem extinguere volunt, quae se conjugunt quasi coire debeant et

possint, et conjungunt invicem puerperio sua, et si fricando pruritum

illarum extinguere desiderant?_

4. _Fecisti quod quaedam mulieres facere solent, ut cum filio tuo

parvulo fornicationem faceres, ita dico ut filium tuum supra

turpidinem tuam poneres ut sic imitaberis fornicationem?_

5. _Fecisti quod quaedam mulieres facere solent, ut succumberes aliquo

jumento et illud jumentum ad coitum qualicumque posses ingenio ut sic

coiret tecum?_

The celebrated Debreyne has written a whole book on the same subject

for the instruction of young confessors, and in it he has enumerated

all kinds of debauchery and sexual perversion which he could imagine,

"Maechiology," or _Treatise on all the Sins against the Sixth_

(seventh in the Decalogue) _and the Ninth_ (tenth) _Commandments_, as

well as on all questions of married life connected with them.

This book is very celebrated and is widely studied in the Roman

Church. We only quote from it the two following questions:

To men:

_Ad cognoscendum an usque ad pollutionem se tetigerint, quando tempore

et quo fine se tetigerint; an tunc quoddam motus in corpore experti

fuerint, et per quantum temporis spatium; an cessantibus tactibus

nihil insolitum et turpe acciderit; ad non longe majorem in corpore

voluptatem perciperint in fine inactum quam in eorum principio; an tum

in fine quando magnam delectationem carnalem senserunt, omnes motus

corporis cessaverint; an non malefacti fuerint?_ etc., etc.

To girls:

_Quae sese tetigisse fatentur, an non aliquem pruritum extinguere

tentaverit, et utrum pruritus ille cessaverit cum magnam senserint

voluptatem; an tunc ipsimet tactus cessaverint?_

Among a thousand other analogous precepts the reverend Kenrick, bishop

of Boston, in the United States, gives the following to his

confessors:

_Uxor quae, in usu matrimonii, se vertit, ut non recipiat semen, vel

statim post illud acceptum surgit, ut expellatur, lethaliter peccat;

sed opus non est ut diu resuspina jaceat, quum matrix, brevi semen

attrahat, et mox, arctissime claudatur._

_Puellae patienti licet se vertere et conari ut non recipiat semen,

quod injuria et emittitur; sed, acceptum non licet expellere, quia jam

possessionem pacificam habet et haud absque injuria naturae

ejiceretur._

_Conjuges senes plerumque coeunt absque culpa, licet contingat semen

extra vas effundi; id enim per accidens fit ex infirmitati naturae._

_Quod si vires adeo sint fractae ut nulla sit seminandi intra vas

spes, jam nequeunt jure conjugi uti_ (vol. III, p. 317).

Such is the teaching of Chiniqui, the man whose courage and powerful

individuality succeeded in introducing abstinence from alcohol in

Canada. His long life was that of a pioneer and an inflexible champion

of social and moral reform in that country, based on Christianity. He

died at the age of ninety.

I have quoted the erotic precepts of the confessional from him, as I

was anxious to quote from an absolutely reliable source. It was not

with a light heart that Chiniqui abandoned the Catholic Church, but

only after violent and bitter struggles with conscience, struggles of

which he relates the tragic episodes, and which lasted for many years.

He commences the chapter from which we have quoted with the following

words: "Let legislators, fathers and husbands read this chapter and

ask themselves the question whether the respect which they owe to

their mothers, their wives and their daughters does not impose upon

them the duty of forbidding auricular confession. How is it possible

for a young girl to remain pure in mind after such conversations with

an unmarried man? Is she not more prepared for the depths of vice than

for conjugal life?" The author of these lines is a man who was obliged

for many years to be a confessor himself, and who understood to what

extent confession corrupted the sexual life of women and priests. It

is true that persons, priests or women, of strong character, and

especially those with a cold nature from the sexual point of view, may

resist such sexual excitation. But has confession been specially

instituted for this type of character? Every one who is not a

hypocrite will own that it is exactly the contrary.

=Religious Prudery.=--The results of such a combination of sexual life

with religious prescriptions are a mixture of ridiculous prudery and

continual eroticism. In certain convents (those of the nuns of

Galicia, for example) the nuns forbid their pupils to wash the sexual

organs, because it is improper! In Austria the nuns often cover the

crucifix in their bedroom with a handkerchief, "so that Christ cannot

see their nakedness"! But the convents of nuns, in the Middle Ages,

were often transformed into brothels; and it is not uncommon to see

hypocrites or the subjects of erotic hysteria (both men and women)

perform sexual orgies of the worst kind under the cloak of religious

ecstasy.

=Hottentots. Eunuchs.=--Among the Hottentots, the lips of the vulva

(_labia minora_) in women are artificially elongated, and among the

Orientals eunuchs are made. In themselves these two operations have

certainly nothing to do with religion and only originated in profane

customs. In the course of time they were made religious precepts,

which has deeply rooted them in the customs of the people.

=Religious Eroticism.=--The examples which we have cited show to what

extent man is disposed to clothe his eroticism with the cloak of

religion. He then attributes a divine origin to his desires and lays

the precepts which he attaches to them on the commandments of his God

or gods, so as to sanctify them. Hence, the unnatural influence of a

mysticism, which is nothing else than the crystallized product of the

fantastic imagination of men, raised to a dogma, imposes itself

indirectly on natural sexual life, by entering at the back door under

the cloak of religion. It is obvious that grave abuses or even vices

often acquire the seal and power of religious precepts; while in the

same domain a number of other customs or precepts are based on good

hygienic or moral principles, for example, circumcision and conjugal

fidelity.

It is perhaps in the domain of pathology that the relations of

religion to sexual life are the most striking (see Chapter VIII). We

must not forget that the facts of reproduction seem to ignorant people

and especially to barbarians, to be of a very mysterious nature. These

people have no idea of germinal cells or their conjugation. They see

in conception, embryogeny, pregnancy and birth, the miraculous effects

of a divine and occult higher power--of the divinity, often even of

the devil.

The violent excitement which is associated with the sexual appetite

and with love urges man to ecstasy; hence it is not to be wondered at

that eroticism is so often complicated by ecstatic religious

sentiments.

In his book on Psychopathia sexualis, Krafft-Ebing remarks how easily

religion, poetry and eroticism are combined and mingled in the obscure

feelings and presentiments of maturing youth. In the life of saints

there is always the question of sexual temptations, in which the most

elevated and ideal sentiments are mixed with the most repugnant erotic

images. On the same basis are developed the sexual orgies of different

religious fetes in the ancient world, as well as in certain modern

sects.

Mysticism, religious ecstasy and sexual voluptuousness are often

combined in a real trinity, and one often sees unsatisfied sensuality

seek compensation in religious exaltation. Krafft-Ebing cites the

following cases from Friedreich's "Legal Psychology" (p. 389):

In this way the nun Blaubekin was perpetually tormented by the

thought of what happened to the part of Jesus' body removed by

circumcision.

In order to make his devotions to the lamb of God, Veronique

Juliani, who was canonized by Pope Pius II, took into his

chamber a terrestrial lamb, embraced it and sucked its breasts.

Saint Catherine of Genes often suffered from such internal heat,

that, to cool herself, she laid on the ground, crying: "Love,

love, I can do no more!" In doing this she felt a peculiar

inclination for her confessor. One day, putting his hand to her

nose, she perceived an odor which penetrated her heart, "a

celestial odor the voluptuousness of which could wake the dead."

=The Role of Mental Pathology in Religious Eroticism.=--Among the

insane, and especially in women, but also in men afflicted with

_paranoia_ (a mental disease) we often find a strange and repugnant

mixture of eroticism and religious images. Such are the everlasting

betrothals with Christ, the Virgin Mary, with God or with the Holy

Spirit, betrothals in which the venereal orgasm is combined with

imaginary coitus and masturbation, followed by imaginary pregnancy and

childbirth. These symptoms give us a clear indication of the relation

which exists between eroticism and religious exaltation. The French

alienists have even designated them by the characteristic term of

"erotico-religious delirium." A single visit to the female division of

a lunatic asylum is often sufficient to satisfy the visitor.

A point which has received less attention is the immense historical

influence which certain psychopathological personalities, chiefly

hysterical subjects, but also some crazy persons or hereditary

visionaries, have exercised at all times on human destiny, usually by

the aid of the suggestive effects of sexual and religious ideas

(erotico-religious), the connections of which have not always been

clear.

Every psychiatrist knows the insane whose delirium is combined with

religious or mystic exaltation, and who by the mysticism of their

delirium have exercised and continue to exercise a profound influence

on the mass of humanity which surround them--"Panurge's Sheep," if I

may use the expression. These people are themselves so dominated by

the pathological influence of their auto-suggestions or their delirium

that they behave with the fanaticism of fakirs, and exhibit an

extraordinary energy and perseverance in the pursuit of the object of

their morbid ideas. By their assurance, the sentiment of

infallibility, and the fire of faith which is manifested in their

prophetical manner, they fascinate the feeble brains of the people who

surround them and attract them by their suggestive action.

A very human and often powerful eroticism is usually associated with

their delirium; but it is covered by a cloak of religious ecstasy,

which imposes on natures disposed to exaltation, and renders them

blind to the ignominy which often lies under this ecstasy.

What makes these patients so persuasive is the fact that they are

themselves persuaded. Even the normal man, we must admit, is guided

less by reason than by sentiment, and the persons we have just

described exert a powerful action on sentiment, and this more by their

piercing glance, their prophetic and dominating tone, their manner and

appearance, than by the extremely confused text of their discourses

and doctrines.

In this way there are always arising small epidemics of attraction in

which a group of individuals allows itself to be infatuated by

so-called prophets, messiahs, holy virgins and other visionaries, who

are only lunatics or crazy persons. Under their influence are produced

certain forms of insanity by contagion, which have been called double,

triple or quadruple madness, and which may sometimes take the form of

an epidemic.

When the "prophet" is more consistent in his words and actions, or

when his environment is still very ignorant and superstitious, the

crowd of believers increases still more rapidly, and thus one sees

even at the present day in less-civilized countries new sects or

religious guilds, more or less ephemeral, in which the spirit of the

prophet sometimes stirs up grave sexual orgies.

Among more cultured people the prophet is generally exposed or sent to

a lunatic asylum, much to the indignation of his disciples, who often

consist of his wife and children and a few feeble-minded

acquaintances.

Thanks to the cheapness of printing, these prophets often publish

their new religious system and sell it among their dupes. I possess a

small library of works of this kind which have been sent me by their

authors; probably with the idea that they might one day be taken for

fools, and to prove to me in advance that they were not.

According to them, God has personally revealed to them the new truth

in which they believe, and has appointed them as prophets. Erotic

images are generally associated with their system. One of them, whose

system is astronomical, divides the planets into males and females.

Another, a lunatic, describes the pathological sexual sensations by

the term of "psycho-sexual contact by action at a distance." These are

phenomena which we meet with at each step in psychiatry, and which

give the clue to what follows.

=The Historical Role of Mental Anomalies which are Not Very Apparent

and Border on Genius. Their Influence on Religious Eroticism.=--These

persons are not always afflicted with paranoia or other grave

psychoses, but often hereditary and constitutional psychopaths who are

only half-crazy or simply hysterical, and who may, in spite of this

defect, possess a certain degree of intellectual power, an energetic

will and the fire of enthusiasm. Things then take an essentially

different course, even when they rest on an analogous basis.

The prophet combines with his exaltation a logic which is often very

concise in its details, although applied on a morbid basis. Moreover,

he clothes his utterances in fine and poetical language, and in this

way succeeds in rallying round him, not a flock of Panurge's ignorant

sheep, but more elevated people and even a considerable proportion of

the surrounding society. In this case pathological exaltation may be

united to a high moral and intellectual ideal, which is very apt to

veil the bizarre fancies of the prophet. We thus meet with the

astonishing but undeniable fact that certain great historical

personalities who have exercised a powerful influence on humanity were

of more or less pathological nature. We discover among them

erotico-religious traits, more or less marked, often even as the

leading threads of their arguments.

This important category of individuals constitutes a whole series of

transitions between the insane prophets of whom we have spoken and

well-balanced men of genius. It is often very difficult to understand

and interpret the series of intermediate forms, so graduating and so

variable, which exist between insanity and genius. It is necessary to

guard against any exclusive generalization in one way or the other.

In any case, the fact that many men of genius are of pathological

nature does not authorize us to regard every person of genius or

originality as insane, whether he attacks the routine and prejudices

of his contemporaries, or whether he opens up new horizons and goes

out of the beaten track. Let me cite a few examples.

Joan of Arc was, in my opinion, a hysterical genius whose

hallucinations were auto-suggestive. The distress of France had

profoundly agitated her, and, fired with the desire to save her

country, her brain was affected by auto-suggestion with hallucinations

of the voices of saints and visions, which pointed out her mission and

which she regarded as coming from real saints in heaven. At that

period such things were common enough and need not surprise us. In

spite of her good sense and modesty, Joan of Arc was urged by an

exaltation unconscious of self. By a destiny as astonishing as

providential, this young girl of genius, and at the same time

pathological, exalted by ecstatic hallucinations, led France to a

victorious war of freedom. The most conscientious historical sources

show that the morality of Joan of Arc was pure and above reproach. Her

replies to the invidious questions of the Inquisition are admirable

and bear witness both to her high intelligence and the moral elevation

of her sentiments. It is evident that the sentiments of love were

transformed in her into religious ecstasy and enthusiasm for the ideal

of her mission, a frequent occurrence among women.

Another remarkable example is that of Thomas a Becket. The sudden

transformation of this man of the world into an ascetic priest (it is

true, on the occasion of his nomination as archbishop), from this

devoted friend and servitor of the king of England into his most

violent adversary, and into a champion of the Church against the

State, evidently represents the auto-suggestive transformation of a

hysterical subject, for this is the only way of explaining such a

sudden and complete contradiction which caused him to change suddenly

from one fanaticism to a contrary one.

The religious exaltation of the Mormon prophet, Smith, was no doubt

combined with eroticism, which made him organize his sect on the basis

of polygamy.

Mahomet also had visions, and sexual connection plays an important

part in his teaching and prophesies. The apostle St. Paul was also a

visionary who passed suddenly from one extreme to another as the

result of hallucination. Pascal, Napoleon, and Rousseau presented very

marked pathological traits.

Although some of these cases have no direct connection with the sexual

question, I have mentioned them to show how such personalities exert

their influence on the masses, and through them on history. As soon as

they acquire authority, their peculiar ideas and sexual conceptions,

however exclusive or even absurd they may be, react strongly on their

contemporaries, as we see to-day the ascetic ideas of Tolstoi

influence his numerous disciples.

Sudden conversions, whatever may be their nature, especially when the

convert goes from one extreme to another, are not the fruit of reason,

but depend on suggestion or auto-suggestion and especially on

pathological suggestibility. (Vide Chapter IX).

In other respects sexual anomalies often govern the acts of hysterical

persons and other psychopaths. The Roman emperors, Nero, Tiberius and

Caligula were almost certainly sadists and enjoyed sexual pleasure at

the sight of the sufferings of their victims. Valerie, Messalina and

Catherine de Medici were also female sadists. Under the hypocritical

veil of religion, Catherine de Medici was the principal instigator of

the Massacre of St. Bartholomew at Paris, and wallowed in pleasure at

the sight of the massacre of the Huguenots.

On the other hand, masochism may give tone to the thoughts and sexual

feelings of certain persons of great influence, such as Rousseau, and

to sects of ascetics, such as the fakirs, etc.

Involuntarily, therefore, the sexual feelings of every prophet and

founder of religion, even during a short period of his life only,

influence more or less his religious system and consequently the laws

of morality based on it, which remain after his death.

Hence it is that sentiments, as variable in different individuals as

sexual sentiments, are obliged to submit to the constraint of fixed

and tyrannical dogmas which martyrize for centuries, or even thousands

of years, men who have other opinions than the founder of the religion

or its interpreters who succeed him.

In religion we see everywhere idealized eroticism, and often idealism

perfumed with eroticism. The Songs of Solomon, the original sense of

which was very lay, like that of most religious matters, has been made

allegorical and applied to the Christian Church, but it was and will

always remain an erotic poem.

It is hardly necessary to add that natural eroticism very often leads

the severe and ascetic preachers of morality to the grossest

hypocrisy. Priests and other pious persons often preach an idealized

asceticism, while in secret they commit the most disgusting sexual

excesses.

We must not, however, judge such crying inconsistencies too severely;

they are to a great extent unconscious and are the result of the shock

of passion against the tyranny of dogma, prejudice, and public

opinion. They are often also the result of mental anomalies. When

science is allowed to enlighten sexual life freely and openly, the

hypocrisy of normal people will cease, and that of the abnormal will

be recognized in time and prevented from doing harm.

=Transformation of Eroticism into Religious Sentiment.=--In ordinary

life we find everywhere traces of the mixture of religion with sexual

sensations and images. The religious ceremonies of marriage among all

peoples constitute a significant remnant thereof.

When we look for the causes of sudden and progressive religious

exaltation we often discover that it is nothing else than compensation

for disappointed love. I refer here to true and fervid exaltation,

identified with the whole inner consciousness, and not to the religion

of habit which the average man scarcely remembers in his daily life,

and only observes on Sunday in the form of a conventional promenade,

or a contribution to the church. This religion of habit is only an

empty form, which awakes no sentiment, and consequently is associated

with no sensation, even erotic, in its followers.

In other individuals it may be otherwise, and certainly was so

formerly. Everything goes to prove that the exalted sentiments of

sympathy from which our religion is to a great extent derived, such as

the holy fervor, the devotional ardor and the delights of ecstasy

which it has so often procured for its followers and still procures

for some of them, whether their object be God, Allah, Jehovah, Jesus

Christ, Buddha, Vishnu, the Virgin Mary, or the Saints, that these

sentiments have to a great extent their roots in primary erotic

sensations and sentiments, or represent the direct transformation of

them.

It is needless to say that all this may take place quite unconsciously

and with the purest intentions. I hasten to add that the majority of

true religious sentiments come from quite a different source.

When we study the religious sentiment profoundly, especially in the

Christian religion, and Catholicism in particular, we find at each

step its astonishing connection with eroticism. We find it in the

exalted adoration of holy women, such as Mary Magdalene, Marie de

Bethany, for Jesus, in the holy legends, in the worship of the Virgin

Mary in the Middle Ages, and especially in art. The ecstatic Madonnas

in our art galleries cast their fervent regards on Jesus or on the

heavens. The expression in Murillo's "Immaculate Conception" may be

interpreted by the highest voluptuous exaltation of love as well as by

holy transfiguration. The "Saints" of Correggio regard the Holy Virgin

with an amorous ardor which may be celestial, but appears in reality

extremely terrestrial and human.

Numerous sects, both ancient and modern, have entered on the scene in

a hardly less libidinous manner; for example, the sexual excesses of

the anabaptists in former times and the sexual ecstasies of certain

modern sects in America.

If the objection is raised that these sects are the pathological

excrescences of religion, I reply with their disciples as follows: "We

have come into the world because your State religions are sunk in

indifference, hypocrisy and hollow formality, offering nothing to the

human heart but empty phrases. It behooves us to awaken from this

sleep. We want enthusiasm and fervor to transform the inner life of

man and convert him." These words, which we can see and hear

everywhere by opening our eyes and ears, constitute a formal avowal of

the suggestive factor in religion. (See Chapter IX.)

In the Canton of Zurich I have myself often had occasion to observe,

especially among women, the followers of the singular sect of the

Pastor Zeller, of Maennedorf. He is a kind of visionary prophet who

heals people after the manner of Christ and John the Baptist, by

placing his hands on them and anointing them with oil. The cures which

he obtains are due naturally to suggestion, like those of Lourdes, but

he attributes them to divine miracles. He even told me naively that he

heard a grinding (crepitation) in a broken bone, which he regarded as

a miraculous cure! A crowd of women, mostly hysterical, collected

around this man with an ardor which was unconsciously directed much

more to his person than to that of God or Christ whom he was supposed

to symbolize. I have treated patients who had been to him, and who

associated with his person both the mildest and the most carnal erotic

images--of course, in the innocence of their hearts.

It is far from me to reproach this sincere man and many others of the

same kind, especially the priests who are surrounded by a halo of

sanctity pushed to ecstasy. I only maintain that when a human being

exalts himself in the search for pure-mindedness and sanctity, thus

denying his true nature, he is always in danger of falling

unconsciously into the most gross sensuality, and at the same time of

sanctifying this sensuality.

=Description of Religious Eroticism by the Poets.=--The Swiss poet,

Gottfried Keller, with his peculiar genius has described religious

eroticism in an admirable way, especially in his seven legends. Read,

for example, _Dorothea's Blumenkoerbchen_ (Dorothea's little

flower-basket), in which the terrestial lover of Dorothea ends by

becoming jealous of her celestial lover, of whom she always speaks in

the most exalted sentiments. Wherever she went she spoke in the most

tender terms and expressed the most ardent desire for a celestial

lover that she had found, who waited in immortal beauty to press her

against his shining breast. When the wicked prefect had bound Dorothea

on the gridiron under which was placed a slow fire, this hurt her

delicate body, and she uttered smothered cries. Then her terrestrial

lover, Theophilus, forcing his way through the crowd, burst her bonds

and said with a sad smile, "Does it hurt you, Dorothea?" But when

suddenly freed from all pain she immediately replied: "How could it

hurt me, Theophilus? I lay on the roses of the lover I adore! This is

my wedding day!" Keller shows us here, along with eroticism, the

suggestive effect of ecstasy, which among martyrs, may reach the most

complete anaesthesia.

Goethe has also described erotico-religious ecstasy; for example, at

the end of the second part of Faust, in the prayers addressed by

certain anchorites to the queen of heaven.

=Distinction Between Religion and the Ecstasy Derived from

Eroticism.=--It would be quite false to maintain that religion in

itself arises from sexual sensations. The terror of death and the

enigmas of existence, the sentiments of human weakness and

insufficiency of life, the want of consolation for all miseries, the

hope of a future life, all play an important part in the origin of

religions. On the other hand, it is necessary to recognize the

considerable role of the erotic sexual factor in religious sentiments

and dogmas, where on the one hand it leads to ardent fervor, while on

the other hand it tyrannizes, especially by the exclusiveness of its

residues transformed into dogmas, the natural expansion of the erotic

sentiments which are so variable in individuals.

One of the most difficult and important future tasks of social science

toward humanity is, therefore, to set free sexual relations from the

tyranny of religious dogmas, by placing them in harmony with the true

and purely human laws of natural ethics.

=Compensations.=--In the animal series we have seen that sentiments of

sympathy are derived, in a general way, by phylogeny, from the

sentiments of sexual attraction, and we often see in man a sexual

love, deceived, despised or transfigured, seek compensation or

idealization in the fervor or religious exaltation. The question

naturally presents itself whether this compensation or this ideal is

indispensable, and if other objects of a human and not mystical nature

cannot take its place.

There are, in my opinion, purely human ideals, which are capable of

transfiguring erotic love "religiously" quite as well as the mysticism

of so-called divine revelations. Christianity is called the religion

of love, and the apostle Paul even places charity higher than faith.

But what is charity but the synthesis of the social sentiments of

sympathy, devotion and self-denial, for the benefit of humanity?

Cannot it, therefore, be established on another basis than that of

cheques to be drawn on paradise? Cannot exaltation and fervor apply

their powerful faith, the beauty of their form and the elevation of

their sentiments to the social ideal and the future welfare of our

children? Cannot we replace the cult of religious legends, the

adoration of the works of Jehovah and Christ, as they are given in the

Bible, by the religion of our descendants and their welfare?

In my opinion, the suggestion of religious ecstasy and love might well

be directed toward the benefit of society. Its fanaticism is admirably

adapted to shake the indifference and indolence of men; but this

source of energy should not be wasted in the adoration of legendary

mirages, but used for the efficacious culture of a true human religion

of love on earth.

CHAPTER XIII

RIGHTS IN SEXUAL LIFE--GENERALITIES

=Rights and Liberty.=--Human ideas of right are very curious. Every

one appeals to right and liberty, and naturally thinks of himself

first, without perceiving that in continually claiming his proper

rights, he tramples under foot those of others. How beautiful are

these words Rights and Liberty! But in everyday life in what an

uncompromising way they oppose each other! To give satisfaction to my

rights and liberty, the right of complete development, according to my

natural sentiments, is a thing which is perfectly impossible; or, is

only practicable by constantly infringing the right and liberty of my

fellow beings.

Nevertheless people keep harping on this theme; with the exalted tone

of intimate conviction they inveigh against our social organization,

cursing the malice of others, but show themselves perfectly incapable

of resolving the contradictions which gave rise to their thirst for

liberty and justice.

The cry of despair addressed to right and liberty by modern society is

nothing else than the expression of the instinctive sentiment of anger

and revolt produced by the natural evolution of our phylogeny. The

savage instincts, still considerable in the hereditary foundation of

human nature (the mneme), revolt against the straight-jacket placed on

them by social life, and against the want of liberty on the earth,

which is already too small for humanity.

The natural man is eager for expansion and liberty, and accustoms

himself with difficulty to the severe restrictions which social

necessities impose upon him. His nature is still that of a

semi-nomadic animal, living as an autocrat with his family, possessed

of a number of egoistic wants, and, wherever he goes, opposing the

rights, liberties and desires of other men, who generally compel him

to subordinate his desires to theirs. This is the true reason of this

impotent cry of vexation and anger against the malice of others and

the defectiveness of social organization. And yet this cry is

absolutely necessary, in order that we may find and put in practice a

social formula as tolerable as possible for the future. But, if we

except the question of capital and labor, there is no domain in which

social hindrance is so cruelly felt as in the sexual.

What is human right? Apart from formally admitted distinctions we

shall divide what is called right from the psychological and human

point of view into two categories of ideas; _natural rights_ and

_conventional rights_.

=Natural Rights. Right of the Stronger.=--Natural right is quite a

relative idea: the right to life and its conditions. But, as in this

world, which is said to be created by a personal and perfect God,

things are so amicably arranged that living creatures can only exist

by devouring one another, the oldest effective natural right of every

living being is precisely that of devouring others weaker than itself.

This is the right of the stronger. Therefore, the absolute natural

right is the right of the stronger.

=Rights of Groups. Ants.=--These notions become altered, however, if

we regard them from the point of view of _relative_ natural right.

This does not concern all living beings, but only certain groups. The

rights of groups are relative from a double point of view. On the one

hand they give the group of individuals concerned the right of

interfering with the right to life of other groups, even to

extinction. On the other hand--and this is the better aspect of the

rights of groups--they are completed by what are called the duties of

each individual toward others of the same group, that is to say, the

obligation to have regard for and even protect their rights equally as

his own. The rights of a group include the social rights and duties in

the limits of that group.

It is among animals, especially the ants, that we find the most ideal

organization of the rights of a group. Each individual of the ant

colony acts in the interests of the community, which are the same as

its own. It has the right to be nourished and housed and to satisfy

all its immediate wants, but at the same time it is its duty to labor

unceasingly in building and repairing the common dwelling, to nourish

its fellows, to aid in the reproduction and bringing-up of the brood,

to defend the community and even to take the offensive against every

living being who does not belong to the community, in order to

increase its resources.

The rights and duties have here become completely _instinctive by

adaptation_, that is to say, they are performed without commands or

instruction. They result spontaneously from the natural organization

of ants without the least external obligation intervening. Here, the

cry of distress of the ferocious human beast, of whom we have just

spoken, is completely absent, for duty is replaced by instinct or by

appetite, and its accomplishment is accompanied by a natural sentiment

of pleasure. Every ant could be idle without being punished by its

comrades, if it were capable of wishing to be so, but this is

impossible. Communities of ants can only exist on the basis of the

social instinct of labor and mutual support, without which they would

immediately disappear.

=Egoism and the Rights of Groups in Man. Human Rights.=--The notions

of the rights of groups in man are infinitely more complicated and

more difficult to understand. As we have already seen, the most

primordial instinctive sentiment in man is limited to his family and

his immediate surroundings. But here even it leaves much to be

desired. Family disputes, quarrels between brothers and sisters are

frequent enough; parricide, fratricide and infanticide are not rare.

In addition to this, beyond the narrow circle of the family, disputes,

hatred between individuals, deception, robbery and many worse things

are always the order of the day. In struggles between parties and

classes, in the abuse of privileges of caste and fortune, in war, in

commerce, in a word in everything, private interests of egoism take

precedence of the general interests of humanity.

These facts, and a thousand other pitiable phenomena of the same kind

in human society, bear witness to the egoistic and rapacious nature of

man, which proves how little the social instinct is developed in his

brain. Human society is founded much more on custom and tradition,

imposed by the force of circumstances, than on nature. Human infants

resemble kittens at first much more than young social beings. In

primitive times, when the earth appeared large to man, the rights of

groups were limited to small communities which looked upon other men,

the same as animals and plants, as legitimate prey. Cannibalism and

even the chase show clearly that man began by becoming more rapacious

and more carnivorous than his pithecanthropoid ancestor, and his

cousin the ape of the present day.

It is only later, after the progressive enlargement of stronger

communities at the expense of weaker; still later, when man commenced

to comprehend the sufferings for the community which result from the

autocracy and passion for unlimited pleasure of a few persons;

finally, when he discovered the narrow limits of the earth, that

notions of humanity and humanitarianism, that is to say the sentiment

of human solidarity, were able to develop in the general conscience.

It was, however, one of the ancients who said "I am a man and nothing

human can be strange to me." But in his time, as in that of Jesus

Christ, civilization was already far advanced and influenced by the

wide humanitarian ideas, more ancient still, of the Assyrians and the

Buddhists.

Every one who reflects will understand that the relativity of the

rights of groups in man and that of the duties which correspond to

them, must in time expand and be applied, little by little, to all the

human inhabitants of the earth. What is more difficult is the

definition of what should be understood under the term of humanity,

capable of being socialized and cultivated.

No doubt, the gap which exists between the lowest living human race

and the highest ape is considerable and without direct transition.

However, we gradually begin to recognize, on the one hand, that we

have certain duties toward animals, at least toward those which serve

us, and, on the other hand, we know that certain of the lower human

races, such as the pigmies, the Veddas and even the Negroes, are

inaccessible to a higher civilization, and especially incapable by

themselves of maintaining what a number of their individuals learn by

training when they live among us. We shall, therefore, have to choose

finally between the gradual extinction of these races or that of our

own.

It is not my business to deal with this question here, to trace the

limits of civilizable humanity, or to examine the rights and duties of

civilized men to each other relatively to the rest of the living

world; or, in other words, to what extent civilized man should have

the relative right of subjecting other living beings, exploiting them

in his own interests, nourishing them, or eventually exterminating

them for the safety of his own existence.

As regards the animal and vegetable kingdoms, from the amoeba to the

orang-utan, the question is simple enough and settled. It is much more

difficult to decide for men and for peoples separated from us by great

racial differences. I must emphasize the profoundness of this

difference. It is evident that the higher cultivated races, or rather

blends of races, which live to-day will do better to live in peace

than to mutually exterminate each other.

It is necessary to discuss these questions at the risk of hurting the

feelings of sentimental persons. But what is the use of being blind to

such patent facts? It is not too soon to look closely into the future,

and it is only thus that we can arrive at any useful result. The

natural rights of man should evolve more and more from a complex of

social rights and duties toward a single great group, which we may

call _civilized humanity_, the relative limits of which can only be

traced by repeated trials and by practical experience. The instincts

of the wild beast are still so deeply rooted, even in civilized men,

that they can only be adapted gradually and even painfully to a

natural right thus understood and limited. We must honestly admit that

such a right only merits very relatively the denomination of _natural

rights_. In fact, social rights are necessarily artificial in man. A

few elementary rights and duties only are quite natural, especially in

the sexual domain. We are concerned here with adaptations in the form

of instincts which serve for the support and development of the

family, as well as for the protection of the individual. Among these

we may mention the right to life, the duty of labor and the right to

labor, the right of the infant to be nourished by its mother and to be

cared for and protected by its parents, the duty of parents to nourish

their children, the duty of the husband to protect his wife, the right

to obtain nourishment from the animal and vegetable kingdoms, the

right to satisfy the sexual appetite, etc.

There exists, however, a series of other rights and duties, which are

so necessary that they may be termed natural. Such are the right to

possess a dwelling place; to defend one's life against attack; to

think and believe what one wishes so long as one does not impose one's

ideas and faith on others; the duty to respect the life and property

of one's neighbor; the duty to give a healthy and sufficient education

to youth, both in body and mind, etc.

If we regard the matter without prejudice, certain rights and duties

which have been hitherto considered as natural and self-evident,

become very doubtful. Such are ecclesiastical and religious rights and

duties, patriotic and national duties, the rights and duties of war,

the rights of privileged classes, the rights of property, etc. It is

clear, from an unprejudiced examination of the development of

humanity, that these so-called rights and duties are only the historic

legacies of mysticism or of limited human groupings, and in great part

artificial. The rights and duties of members of the groups in question

consisted in mutually protecting their opinions and their national and

religious interests, etc., and in subjecting or even trampling under

foot those of other human groups. These lead us quite naturally to the

second category of general notions of rights.

=Conventional Rights.=--To speak correctly, conventional rights are

not rights. They are simply a dogmatic sanction applied to all kinds

of customs and abuses that men have appropriated, according to local

circumstances and their fortuitous conquests or acquisitions. Here,

the consequences of the natural rights of the stronger, religious

mysticisms and all sorts of human passions, the sexual appetite

especially, play a very varied and complex role.

The absurdity and injustice of conventional rights is shown by the

difference, often even the absolute contrast, of the corresponding

conception of rights among different peoples. In one, polygamy is a

right and even a divine institution; in another, it is a crime.

Individual murder is generally considered as criminal, but in warfare

the slaughter of masses becomes a duty and even a virtue. Theft and

rapine are regarded in times of peace as crimes, but in time of war,

under the form of annexation and plunder they are the uncontested

rights of the victor. In a kingdom, the monarch is looked upon as a

holy person and offense to his majesty as a crime; in a democracy, it

is individual domination which is regarded as criminal.

Falsehood and mental restriction are, in certain cases at least, the

rights or even the duty of the Catholic, who is only forbidden to

swear falsely in the name of God and religion, while others consider

all falsehood more or less unjustifiable; others again regard every

oath as sinful.

The contradictions, inconsistencies, unnatural prescripts and

tyrannies of what is called conventional rights in different peoples

are innumerable, and the notions of our rights which we have inherited

from the Romans are not much better.

=Retaliation.=--In historical epochs, we see the rights of the

stronger succeeded by certain notions of rights which may still be

considered as primordial; such is the law of retaliation or lynch law,

based on the natural sentiment of vengeance, which is itself derived

from anger, jealousy and pride, and says "An eye for an eye and a

tooth for a tooth." The law of retaliation is very natural and very

human. Although of savage origin, it has at least the merit of

recognizing in men an equal right in retaliation for injury caused in

a brutal fashion, without considering inner motives.

=Expiation.=--We also find in the old law another notion derived

partly from the preceding, but chiefly from religious mysticism--the

notion of expiation. After constructing in his own image a divinity

blinded by human passions, man attributed to him, from fear of

vengeance, sentiments of anger and indignation regarding his baseness

and malice toward his neighbor. He then conciliated the divinity and

appeased his wrath by making sacrifices, human or otherwise.

At first, sacrifices were not made of criminals or guilty persons, but

of innocent lambs, men or beasts, sometimes with all kinds of torture,

to appease the supposed wrath of the gods. Gradually, however, these

customs became more humane and were changed to the notions of

expiation which we still have. Whosoever has committed a crime should

expiate it by some kind of pain, eventually by death. In our modern

penal law, notions of expiation and retaliation are blended, and when

we study its roots in ethnology we are not surprised to see the

expiation and punishment of so-called crimes against God or religion.

We find in this fact a singular mixture of religious and judicial

notions. A curious way of appeasing the divinity is the sacrifice of

animals and other offerings which ancient and savage peoples made and

still make, in returning thanks for victory or some other good

fortune, or to appease supposed wrath.

=Themis.=--In spite of all these errors, ancient civilization

represented as the ideal of right a goddess of justice, _Themis_, with

eyes blindfolded and holding scales in her hands. The scales signified

that right and wrong should be carefully weighed against each other;

the bandage, that the judge should pronounce his verdict without

regard to persons, and be inaccessible to all outside influence. For

the limited ideas of that period, little removed from retaliation and

expiation, this blind woman with her scales was a sufficient

representation of justice. She had no need to trouble about the

psychology of human nature, mental disorders, diminished

responsibility or ideal social improvement.

=Themis Unblindfolded. Fallacy of Free-will.=--Nowadays the task of

our goddess is not so simple, for the progress of humanity and

science, especially of psychology and psychiatry, oblige her whether

she wishes or not, to completely remove her bandage, so as to see

clearly into the human brain.

It is not simply a question of knowing whether an accused person has

or has not committed the act which he is accused of, but also whether

he knew what he was doing, what were the motives which urged him, and

who is the real instigator of the misdeed. Alcohol, mental anomalies

and diseases, suggestions, passions, etc., concur in influencing the

human brain so that it is hardly responsible for its acts.

Again, on further examination, we find that the accepted and

historical notion of free-will, that is to say the absolute liberty of

man's will, which constitutes the very existence of our old penal law,

becomes not only more problematical, but may even be considered as a

purely human illusion, resting on the fact that the indirect and

remote motives of our actions are mainly subconscious.

The great philosopher, Spinoza, has already demonstrated this truth in

a masterly manner, and modern science confirms it in all respects.

Every effect has its cause, and all our resolutions are the result of

the activities of our brain, in their turn determined or influenced by

hereditary engrams (instincts and dispositions) or acquired

(memories), which are their internal causes, and combine with causes

acting from without. Let us admit freely the fallacy of the old axiom

of human free-will and endeavor to understand that what we consider as

free will is nothing else than the very variable faculty of our brain,

more or less developed in different individuals, of adapting its

activity to that of its environment, and especially to that of other

men. Also let us endeavor to take into account that our will and all

our actions are, consciously or unconsciously, determined by a complex

of energies or hereditary engrams (character), combined with those

which have acted upon us from without during our life, as well as with

emotional or intellectual sensory impressions.

Our whole conception of rights, and especially of penal law, should

then change. We should entirely do away with _retaliation_, a

barbarous relic of a more or less animal sentiment of our ancestors,

and _expiation_, the relic of a superannuated and superstitious

mysticism. Modern and truly scientific reformers of penal law have

already taken account of this necessity. But, in spite of the complete

inefficacy of the old penal system as regards the diminution of crime,

they have so far only put into practice few of their ideas.

=Justification of Rights and Laws.=--After what we have just said,

there only remain, two reasons to justify the existence of rights and

laws:

(1). To protect human society against criminals, and in general to

institute ideas and laws with a view to regulate the mutual interests

of men, in such a way as to result in natural conditions of existence

as advantageous as possible, both for the individual and for society:

(2). To study the causes of crimes, social conflicts, imperfections

and inequalities, so as to obtain, by contending against these causes,

an improvement in men and their social condition. It is true that what

we demand here means a complete transformation of the notions of

conventional right, not only in our old penal law, but also to a great

extent in civil law; but this transformation is inevitable and has

even already commenced. Its object is to liberate right from the grasp

of an old metaphysico-religious dogmatism, and from crystalized

doctrines derived from superannuated custom and abuse, and to found

itself on the applied and social natural history of man, who then only

will merit the name of _homo sapiens_ which was given to him by

Linnaeus, the great nomenclator of living beings.

Jurists have already too long based metaphysics on old barbarous

customs and superstitious mysticism, transformed into dogmas. It is

time that Themis removed her bandage, studied psychology,

psychopathology and science, and submitted the impartial handling of

her scales to the influence of truer and juster human factors, even if

her work thereby becomes more difficult and more complicated.

=Sexual Rights.=--While sexual sentiments form part of the most sacred

and intimate conditions of individual happiness, they are also closely

and indissolubly connected with the social welfare of humanity. In no

domain is it more difficult to combine harmoniously the welfare of the

community with that of the individual, and this is why questions of

right in sexual matters are among the most difficult to solve.

The satisfaction of the sexual appetite in man is part of his natural

rights. Natural science compels us to formulate this principle; yet it

is a dogma the consequences of which may become very grave and even

fatal; for the satisfaction of a man's sexual appetite implies, not

only the direct participation of one or more human beings in a common

act, but also that of a much greater number in its indirect effects;

and it may occasion, according to circumstances, more harm than good.

If the question of reproduction did not exist, it would be more easy

to put individualism in more or less harmonious accord with

socialism. It is thus the sexual relations which present the greatest

difficulties in the social domain.

In spite of the considerable progress which has been accomplished, our

modern law is still based to a great extent on the barbarous principle

of the legal inequality of the sexes. The mind of man and that of

woman are no doubt of different quality; nevertheless, in a society

which does not possess asexual individuals like that of the ants and

bees, and in which the two sexes are compelled to work together

harmoniously for the social welfare, there is no reason to subordinate

one sex to the other. Man may have 130 or 150 grammes more brain

tissue than woman and be superior to her in his faculty of combination

and invention, but this is no reason why we should only accord his

wife and mother inferior social rights to his own. His bodily strength

will always protect him against the possible encroachments of woman.

A first postulate is, therefore, the equality of the two sexes before

the law. A second postulate consists in the emancipation of infancy,

in the sense that it should never be considered as an object of

possession or of exploitation, as was and is still so often the case.

These are the fundamental principles of a normal sexual law. In no

animal do we find the abuses which man is permitted to practice toward

his wife and children. Let us now pass on to special questions.

CIVIL LAW

The object of civil law is to regulate the relations of men to each

ether. Properly speaking it does not punish, that is to say, it

requires no expiation and is not concerned with crime. It seeks to

improve the social basis for mutual obligations and contracts.

Nevertheless, it borders on penal law as regards the question of

damages which one individual must pay another whom he has injured even

involuntarily, as well as by the coercive measures, both

administrative and operative, which it employs.

Although resting on a natural basis better adapted to the social

welfare than penal law, civil law still contains the traditions of

religious mysticism and the abuse of conventional right.

I shall here analyze in a few words what concerns our subject in

actual civil law, and shall point out the modifications which appear

to me desirable. It is, however, impossible for me to enter into the

details of codes, owing to absence of special knowledge. Moreover,

this would lead us too far from our subject.

=Marriage and Sexual Relations in General.=--The coitus of two

individuals, performed with mutual deliberation and causing no harm to

a third person, should be considered as a private affair, and should

have no connection with either civil or penal law.

However great may be the necessary restrictions of this general axiom,

it must be recognized as valid in principle. Society has no right to

restrict the liberty of individuals so long as it, or one of its

members, is not injured by these individuals. So long as coitus is

freely performed by adult and responsible persons, has no indirect

consequences, and does not cause fecundation, neither society nor any

one is injured.

In the practice of law this axiom is not yet generally accepted. Many

laws, especially among the Germanic peoples, punish concubinage, or

extra-nuptial coitus. Even when concubinage is tolerated, it is

considered illegitimate, so that the woman who gives herself to it and

the children who result from it, have much to suffer. Although they

constitute simple religious precepts, the ordinances of Liguori and

others concerning coitus influence in a high degree sexual relations

in Catholic countries.

As a rule, coitus is only legally recognized as licit in marriage. But

we have seen in Chapter VI how elastic is the term marriage, which

varies from polygamy and monogamy to polyandry, and from marriage for

short periods to indissoluble marriage, to say nothing of the cases

where women are sacrificed on their husbands' tombs. We have seen that

religious traditions, arising themselves from barbarous customs, play

a great part in conjugal law. It is only by infinite trouble that the

principle of civil marriage has made its way in modern civilized

states. Even to-day, religious marriage is in some countries only form

of union which is legally recognized. These simple facts show to what

extent we are still hidebound by tradition.

The idea that marriage is a divine institution and that man has the

right to contract, but not to dissolve it, is still a widespread

belief, however bizarre it may be. We shall not enter here into the

detail of the religious forms of marriage, which is referred to in

Chapters VI and XII.

It is evident, from our modern and scientific point of view, which is

purely human and social, that civil law only can be recognized as

valid. Religious forms and ceremonies must be considered as belonging

to a private domain. For this reason they concern neither the State

nor society, and should be refused all legal character; for it is our

duty to strive and liberate humanity from the tyranny of all imposed

creeds, as we should combat all so-called State religion.

=Civil Marriage.=--What then is civil marriage, and what ought it to

be? Our actual civil marriage is the result of trials and compromises

which require improvement. It is a contract between two persons of

opposite sex whose mutual object is the reproduction of the human

species. In this contract the law is unfortunately too much concerned

with the personal relations of the two contracting parties, and too

little with the interests of their eventual posterity, which

necessitates care and attention on the part of the social legislator.

Moreover, the traditional conception of the dependence of woman

disturbs the purity and justice of civil marriage.

In my opinion, the first fundamental principles of civil marriage

should be absolute legal equality of the two conjoints and complete

separation of property. The momentary amorous intoxication of a woman

should not allow a man to appropriate her property in whole or in

part; only truly barbarous laws could permit such iniquity, and they

should be banished from all the codes of civilized countries.

Moreover, in countries where woman enjoys important rights, the

community of property furnishes those who are unscrupulous with the

means of completely despoiling their husbands.

Further, in common conjugal life, the domestic work of the wife should

not be considered as obligatory and requiring no special

remuneration. Her work has as much right to be considered as that of

the husband, and should be entered to the wife as an asset.

Community of property is so immoral that it should be considered

invalid in case of ulterior dispute, when it has been instituted by

private contract. It is the business of the conjoints to put it in

practice if they wish, so long as they are of one mind. But when

dissensions or divorce take place, it only injures the one who has

remained honest, and at the same time the children.

This is why such contracts ought never be definitely binding to the

conjoints. Even if the marriage is not unhappy, the extravagances or

blunders of one of the conjoints may ruin the whole family, in the

case of common property.

The _duration_ of marriage is very important. If a marriage contract

exacts sexual fidelity till death, divorce is nonsense. Yet, in

practice, it is obvious cruelty to keep two individuals legally bound

together who can no longer live with each other. Thus, the provision

and license of divorce are necessities of civil law which are

certainly not ideal, but which cannot be passed over without favoring

family disturbance and without sanctioning illegality and evil.

Among the most frequent causes of divorce are desire for change in the

husband, venereal diseases, disputes, incompatibility of temper,

mental disorders, immorality, ill-treatment and crime. The sterility

of one of the conjoints and incapacity for coitus may also be

mentioned as reasons for divorce, although in certain circumstances,

as we shall see, limited polyandry or polygyny may be much more humane

than divorce.

As soon as divorce is admitted, important and complicated questions of

law arise when there are children. We shall refer to these later. The

legal license of complete divorce thus transforms marriage into a

temporary contract, which is not so far removed as one would think

from the ideal relations of free love.

We will examine the circumstances which, apart from the procreation of

children, may attribute legal importance to the sexual relations of

two persons. I must first of all observe that, if it wishes, civil

legislation can very well create a state of things which gives to

children born outside marriage the same rights and the same social

position as legitimate children, and I will even add that such social

equality would respond to the most elementary sentiments of human

rights, if these were not already influenced in advance by prejudice

and mysticism.

=Minors.=--Civil law should stipulate that minors have not the right

to marry. This may appear cruel in certain cases, but society has the

right and the duty to intervene. Minors should be protected against

all sexual abuse. A young girl under the age of seventeen and a boy

under eighteen or twenty should be prevented from all sexual

relations. This is a postulate of individual and social hygiene and

consequently of all healthy matrimonial law.

=Lunatics.=--The same applies to lunatics, who are legally comparable

to minors. Have we the right to forcibly separate a married couple, or

a couple living in concubinage, because one of the conjoints has

become insane, when the other does not wish for separation? In Germany

the procedure of nullity of marriage has been invented for these

cases, but without gaining much. I shall return to this point in

connection with another subject, but I may remark here that it is not

the continuation of marriage nor that of sexual connection which

injures society, but only the procreation of children. Therefore it is

only the procreation of children, which should be legally prohibited,

and sexual connection only when the healthy conjoint agrees to its

suppression, or when the interests of the afflicted one necessitate

it.

In the future these particular cases may be regulated in the most

convenient and humane way possible.

Certain bodily infirmities which one of the conjoints has concealed

from the other, or of which he was not himself aware, should also

impair the validity of the marriage contract. Such are chronic

infectious diseases, especially venereal, impotence in the man and

sterility in the woman, when the cause was previously known. But here

again, the law should only intervene at the request of the person

injured, and to take certain measures to prevent the procreation of

abortions, without interfering with sexual connection.

=Adultery.=--An important question is that of adultery. Here again, we

are of opinion that the law has not performed its duty. Proved

adultery, when fidelity has been promised by contract should give the

injured party the right of immediate and absolute divorce.

Certain forms of adultery, which take place with the assent of the two

conjoints, have in reality the character of bigamy and should neither

be recognized by civil nor penal law. I will cite as an example, the

case where two conjoints wish to live together for various reasons,

while the impotence, disease or sterility of one of them induces him

to concede to the other liberty of sexual connection with a third

person, apart from marriage. In such a case neither society nor any

one else is injured and all motive for legal intervention is wanting

(vide Andre Couvreur: _La Graine_).

=Divorce.=--The question of divorce becomes extremely difficult when

one of the conjoints wishes for it and the other does not, and when no

other reason exists for determining the marriage. We are here

concerned with the malicious caprices of the god of love, from which

the world will never be free.

In my opinion, the law in such cases can only do one thing, and that

is to protect the rights of the children, if there are any, and to

compel the inconstant conjoint to provide for their nourishment.

The law should also protect the pecuniary and other civil rights of

the conjoint who wishes to continue life in common. Here especially we

can recognize the necessity for the separation of property. On the

other hand, I am convinced that it is useless to maintain at any price

a union which one party does not wish for. In practice no good results

from it; it is rather a moral question than a question of law.

In such cases we may observe the despair of the conjoint who has

remained faithful, both in the marital and legal relations of

marriage. The law cannot do everything, and here it is powerless; all

that it can do is to exact delay and attempt at reconciliation, which

sometimes succeeds.

=The Right to Satisfaction of the Sexual Appetite.=--We now come to a

delicate question. The right to satisfy the sexual appetite must

necessarily be restricted in more than one respect if injury to third

parties is to be avoided. If we except certain pathological cases, the

chief difficulty lies in the fact that the normal sexual appetite can

only be satisfied by the cohabitation of two persons, and that what

satisfies the one may often injure or deeply wound the other, and even

the children. The matter may go so far as to concern penal law, and we

shall refer to it again in this connection. But, even from the point

of view of civil law, permission to satisfy the sexual appetite must

necessarily depend on the consent of both parties. In my opinion no

exception to this rule can be tolerated.

It is not enough to protect minors; it is also necessary to prevent

the abuse of the persons of adults against their will. The institution

of so-called Christian marriage still contains barbarous dispositions

in this respect, the wife being generally obliged to surrender herself

to her lord and master as often as he pleases. This is the dark side

of the picture which exacts sexual fidelity in man.

Inversely, for physiological reasons, a very erotic and sexually

exacting woman cannot obtain satisfaction, man being incapable of

commanding erections voluntarily. She can only bring an action for

divorce if she can prove that her husband is completely impotent.

It is sufficient to reflect on these facts to see how difficult is the

regulation of sexual connection by law. The legislation of details in

this domain becomes of necessity an injustice.

We have already considered the great individual variability of the

sexual appetite. Attempts to regulate it by the rules of a monogamous

matrimonial code are absurd and impracticable. With all the respect

due to the moral sentiments of Tolstoi, we are obliged to declare that

his ascetic opinions on sexual relations are only the dreams of an

enthusiast.

When a libidinous man marries a young girl who is sexually frigid, and

when coitus continues to be a horror to his wife, it is quite as cruel

to demand continence in the husband as submission in his wife. In such

cases, the conditions can only be made tolerable by divorce, consent

to concubinage, or bigamy, when a relative adaptation cannot be

obtained by mutual concessions. At present our prejudices only allow

divorce in such cases.

When a man and woman are already tied by pregnancy or by a child, and

when, apart from the differences in their sexual appetites, love and

concord reign between them, separation would be cruel.

I readily agree that such extreme circumstances should not be the

rule, and that in many cases the one who is the more erotic can

restrain himself, and the one who is cold become accustomed to coitus.

Nevertheless, in the present chapter we are not concerned with morals

but with rights, and we have only to reply to the question of knowing

what should be done when, in sexual connection between two conjoints,

one desires it and the other does not.

The concentration of sexual passion on a single individual, which is

generally good from the social point of view, is fatal in these

special cases. A man falls passionately in love with a woman, or a

woman with a man, but instead of being reciprocal this love is

despised by the other. Such a misfortune, which often leads to the

most tragic consequences, not only in novels but also in real life, is

only reparable by the renunciation of the one who loves. It is surely

less cruel to renounce a proposed union than to become the sexual prey

of a person one does not love. It is, therefore, inhuman and immoral,

as much in religion as in poetry, to preach in any form, the

exclusiveness of sentiments, the indissolubility of monogamous

marriage, and the immutability of love.

It has often been stated that a woman can only love once in her life.

Such a false and cruel generalization must be energetically opposed.

It is the business of sentimental poets to delude themselves with such

sentiments, but those who think it a duty to adhere to dogmas of this

kind are to be pitied. It is not only death or illness of one of the

conjoints, dissensions and infidelity, which may cause separation of a

sexual union, but as is frequently the case, rejected love may

transform into perpetual martyrdom the life of a person imbued with

such ideas. The ascetic sentimentalism which results from this has a

strong element of suggestion which is bad to cultivate.

If we would give the one who does not love the absolute right of

repelling the sexual advances of the other, not only the law but

morality should in return allow the rejected lover to make another

choice, where his desire for love will find an echo.

At the present day many people, especially women, prefer to endure

their unhappiness and even that of their children to the opprobrium to

which they are often exposed by public opinion in divorce or

remarriage, or even in becoming engaged to another person, when their

love has been rejected. It is, therefore, the duty of the legislator

to banish from the law everything which may appear to sanction such

opprobrium.

Most laws recognize not only impotence, but also assault, cruelty,

venereal disease, adultery, etc., as grounds for divorce, but the

pressure of public opinion causes the existing laws to be too little

used. We must remember that such violations of conjugal duties give

the injured party the right of claiming damages.

Nevertheless, we may say that the simplest civil action by one

conjoint against the other is veritably monstrous when it is not

accompanied by an action for divorce. When once the couple have come

to legal disputes, their marriage is in reality dissolved and its

continuation is an absurdity.

=Venereal Diseases.=--A very important question from the humanitarian

and hygienic point of view is that of venereal disease. A man (or

woman) who knows himself (or herself) to be affected with a venereal

disease in an infectious state, and who in spite of this has

connection with a woman, should be regarded as a criminal, at least if

the woman with whom he has connection is not affected with the same

disease.

Here the law should intervene by awarding heavy damages to the party

who has been infected; eventually it may be treated as a criminal

offense. In such cases claim should be made by the injured party, but

unfortunately this is seldom done owing to feelings of shame. In the

future, however, we may hope that the law may be improved for the

benefit of humanity, for this would be one of the most efficacious

means of combating venereal disease, and hence avoiding much

misfortune for families and children.

It would also be desirable to prevent the procreation of syphilitic

infants, for instance, by the use of preventatives (vide Chapter XIV).

=Prostitution.=--Another difficult question is that of the relation of

civil law to prostitution. All State regulation of prostitution is to

be absolutely condemned; but what position should civil law take up

with regard to free prostitution? We have already seen what an

abominable social evil is this commerce in human bodies, as regards

social morality. But it is absolutely useless to try and abolish this

commerce without attacking its lord and master--_money_. The venality

of man implies the commerce of his body, and as long as everything can

be got for money, coitus can be bought. It is, therefore, this

venality which must be attacked, not only by condemning it in words

but by cutting its roots. If the State will not withdraw its

protecting hand from prostitution, it might at least combat

proxenetism and the public manifestations of prostitution, by all the

legal and administrative measures at its disposal. It would thus

reduce the matter to intimate personal relations.

Let us hope that, little by little, a social organization more just to

labor and wages, combined with the prohibition of alcoholic drinks,

will, in the future, annihilate the causes of commerce in human

bodies.

=Children as a Reason for Civil Marriage.=--To resume; we find that

civil marriage should, by progressive reforms, become a much more free

contract than it is at present, having for its object a common sexual

life. The law should abandon its useless and often harmful chicanery

concerning the questions of sexual relations and love, and regulate

more carefully the duties of parents toward their children, and thus

protect future generations against the abuse of the present

generation.

The difference which exists between marriage and free love should

gradually disappear, by instituting natural intimate relations on the

basis of sentiments of social morality, instead of maintaining the

pretended divine origin of a social institution. It is difficult to

avoid a smile when we hear the term "divine institution" applied to

the marriage of a rich girl with a man who has been bought for her.

(Vide Chapter X.)

Various propositions have been made to give more dignity to the unions

of free love, which now exist and which always have existed. Modern

women have remarked that the absurd custom of naming the celibate

woman differently to the married stigmatizes in society a number of

poor women and innocent children, and that it would be quite as just

to apply the term "damoiseau" to celibate men as "mademoiselle" to

non-married girls. An unmarried woman who has a child, and who has

only committed the sin of obeying nature, is branded with the stamp of

shame.

It is the children who constitute the true bond of marriage and give

it a legal character. When there are no children all legal and State

interference with conjugal affairs loses its sense so long as no one

is injured, and civil marriage can then be greatly simplified. I

maintain that so long as a sterile union, of whatever kind, between

responsible persons is voluntary, provokes no conflict between those

who have contracted it, and causes no injury to a third party, the law

has no right to meddle with it; because this union does not concern

society nor any of its members, excepting the two parties interested,

who are in accord.

At the present time, in many countries, the existing laws can be

utilized to form marriage contracts stipulating separation of

property, the right of each of the conjoints to the produce of his or

her work, as well as certain reciprocal rights and duties between the

parents and children. Matters can thus be arranged so as to correct

more or less the defects of the law.

=Marriage of Inverts.=--A peculiar and characteristic phenomenon is

the ardent desire of many sexual perverts, especially inverts, to

become secretly engaged or married to the abnormal homosexual object

of their love. It is needless to say that there can be no question of

legal regulation of such pathological marriages. But the law may

ignore them when they do no harm to any one, and regard them as

private affairs, especially when they prevent much worse evils, such

as the marriage of an invert to a normal individual.

=Civil Rights of Children. Matriarchism.=--As we have already said, it

is the children who constitute the real phylogenetic and

psychological bonds in marriage and the family, bonds which are deeply

rooted in human nature. This is so true that among many savage

peoples, if not in most, marriage is not considered legal as long as

it is sterile. Even among civilized people sterile women are generally

regarded as of less value. We may, therefore, regard the article in

the Code Napoleon which forbids inquiry into paternity as an unnatural

measure, or as a monstrosity of civil law.

Two human beings who procreate others contract common duties and

responsibility of the highest importance. They are, perhaps, the

highest social duties that man can assume. Is it not then infamous and

unnatural to legally liberate one only of the procreators, the man,

from all his responsibilities, simply because certain religious or

civil formalities were omitted before procreation?

Is the man less guilty than the woman in procreation apart from

marriage, if we can use the term guilt in such cases? Is it not a

ridiculous and cruel irony to call _natural children_ those born apart

from marriage? Perhaps legitimate children are supernatural, or

unnatural! Is it not infamous to brand with the seal of shame, even

before their birth, poor illegitimate children, and to confirm this

indignity by making them bear their mother's name instead of their

father's?

The most elementary natural law exacts that all children, whether

"legitimate" or "illegitimate," should have the same social rights,

and that they should bear either the name of their real father or that

of their mother; the latter denomination would be the more natural and

logical. Denomination by the maternal line corresponds to the system

of matriarchism (Chapters VI and XIX), which is often met with among

savage races, and which is more just and leads to less abuse than

patriarchism. Moreover, when women shall have obtained their proper

rights, there will be an end of the exclusive authority of one of the

conjoints in marriage.

Equality in the rights of the two sexes will naturally lead to

denomination in the maternal line, for reasons of simplicity, the

mother being more closely related to the child than the father.

Maternity may, no doubt, be sometimes uncertain, as in the case of

foundlings or changelings, but on the whole it is infinitely more easy

to establish than paternity. It is sufficient for the mother to have

sexual connection with two men at the time of conception to render

paternity doubtful. Again, the mother has a number of pains, cares and

dangers to undergo in the course of the procreation and education of

children, which the father escapes. Nature thus gives the mother the

right to give her name to the family. Our legislation is unfortunately

far from recognizing such natural right. We may nevertheless form a

primary proposition, because in my opinion its recognition would avoid

much complicated litigation:

_In nature, whenever the offspring of an animal have a protracted and

dependent infancy, it is the duty of the parents to nourish them and

bring them up. To allow human parents to dispense with this duty, on

the grounds of badly constructed and unnatural social theories, is to

encourage promiscuity, and consequently degeneration of society. It is

easy to change social customs which are only based on artificial

dogmas sanctioned by tradition, fashion and habit, whether they are of

a religious nature or otherwise. But a social organization can never

violate with impunity the true laws of human nature which are deeply

rooted in our phylogenetic instincts, without disastrous effects._

In Chapters VI and VII we have given irrefutable proof that family

life and the sentiments of sympathy between husband and wife, parents

and children, constitute the phylogenetic basis of the sexual

relations of humanity. Whatever may be the egoistic polygamous

instincts of man, we can affirm that a natural and true monogamy

constitutes the highest and best form of his sexual relations and of

his love. No doubt there are many exceptions which must be taken into

account. It is absurd to shut our eyes to the fact that our degenerate

social customs have created unnatural circumstances in which parents

behave shamefully toward their children, exploiting them, training

them systematically to mendacity, prostitution and crime, or else

ill-treating them. We even see unnatural parents, to save legal

consequences, get rid of children who inconvenience them by the aid of

slow and coldly calculated martyrdom, which leads them to certain

death. It is, therefore, necessary to establish special legal

provision for all these exceptional cases, to protect children against

the power of unworthy parents and all forms of abuse.

I must here draw attention to the impulse which has recently been

given to Austrian legislation on the protection of children, by Lydia

von Wolfring. The State brings up, in philanthropic institutions,

children who have been maltreated, neglected or abandoned, after

removal from their unworthy parents, but without relieving the latter

of their duty in providing nourishment. According to Miss Wolfring's

system, they are cared for by honest couples without children who wish

for them, under the supervision of the aforesaid institutions. In this

way the children enjoy family life.

For educational reasons, the natural family may be imitated in these

artificial ones, by giving to each couple children of both sexes and

different ages. The result is perfect: I have seen in Vienna

artificial families of ten children formed in this way. This shows

again the rule confirmed by the exception; it would be better for the

good seed to be more fruitful and the bad sterile.

The normal condition must, however, always be for parents to bring up

their own children. But here the State and the school should come to

their aid, and even intervene with authority; for society is under the

obligation of educating its children to a certain degree of culture,

and maternal or paternal authority should not have the right to

prevent or even attenuate this social work. Obligatory and gratuitous

education is thus a duty of the State which is becoming more and more

recognized everywhere, although it is still very incomplete and often

badly carried out.

The State should, moreover, protect the children by restricting the

power of parents more than is done at present. The child should not be

allowed to become an object for exploitation by its parents. It has

also the right to be protected against all unmerited punishment and

ill-treatment. Corporal punishment, which is still practiced in some

schools, is a relic of barbarism which ought to disappear.

The State should severely enforce the duty of the procreators of

children to nourish their offspring. Rich or poor, no father or mother

should escape this duty, whether the child is legitimate or

illegitimate. In our imperfect social condition, it is still much too

easy for the man to escape and abandon his child to the mother, or to

public charity. He should be compelled to provide for the life and

education of his children, whether legitimate or illegitimate, if he

does not bring them up himself. If unable to provide money, he should

do the equivalent in labor. Such measures, strictly enforced, would be

more efficacious than all the complicated laws on sexual relations, in

maintaining monogamy and fidelity.

I repeat, that these measures should apply to all unworthy parents

from whom we are obliged to remove the children. These parents are not

always of the poorer class.

It may be objected that I am unjust in charging such duties to poor

people who can often hardly keep themselves. I agree that in the

present state of society it is quite impossible for many parents to

undertake such important duties. But duty means right, and it is

evident that we must place rights by the side of the duties which we

impose on parents.

True justice in this question can only be attained by the essential

progress of socialism. By socialism, I do not mean certain vague

communistic doctrines, nor the Utopias of anarchists who imagine that

"man was born good," but simply an essential social progress in the

struggle against the domination of individual capital, that is to say,

usury applied to the labor of others owing to the possession of means

of production, which is now left to speculators. Men should be enabled

to enjoy the product of their labor, so that they can lead a human

life worthy of the name, in sexual matters as in others. But this is

not all.

From the social point of view, it is absolutely unjust that men who

procreate children should alone bear the burden of the future

generation. We know the egoistic proverb of the celibates, who say: "I

have the right to take life easily, to enjoy myself and be idle, if I

renounce the happiness of having children, either of my own accord or

from necessity." This proverb, which may be transposed into "after me

the deluge," cannot be recognized by any healthy social legislation.

It is the duty of the State to relieve large families, to facilitate

the procreation of healthy children, and to impose more work and taxes

(for instance, artificial families) on sterile individuals. The old

laws were better than ours in this respect.

I have mentioned above the excellent custom, which exists at the

present day in Norway, of only charging half-price on the boats to

married women and other female members of the same family. I cannot

here enter into the details of this question, but if such reforms are

some day realized, if universal compulsory education, pensions for old

age, orphans and invalids, etc., are introduced, then no man will have

valid motives for escaping the duty of feeding his children and

bringing them up decently in family life. This will be left only to

the idle and vicious.

Moreover, I can support my propositions by facts. If we compare the

nature of delinquents, abandoned children, vagabonds, etc., in a

country where little or nothing has been done for the people (Russia,

Galicia, Vienna, etc.), with that of the same individuals in

Switzerland, for example, where much has already been done for the

poor, we find this result: In Switzerland, these individuals are

nearly all tainted with alcoholism or pathological heredity; they

consist of alcoholics, incorrigibles, and congenital decadents, and

education can do little for them, because nearly all those who have a

better hereditary foundation have been able to earn their living by

honest work. In Russia, Galicia, and even in Vienna, we are, on the

contrary, astonished to see how many honest natures there are among

the disinherited, when they are provided with work and education.

This fact speaks more than the contradictory statements which the

fanatics of party politics hurl at each other's heads.

=Inquiry into Paternity.=--It will be objected that inquiry into

paternity is often very difficult and dangerous. I do not deny this;

but, when women have obtained their natural rights, and when the

education of young girls is guided by the principles which we have

enunciated in Chapter XVII, the matter will become much easier.

Moreover, even now, we can with energy and good will determine

paternity in most cases. Although the great improvement in means of

transport assists fugitives, it also favors the discovery and arrest

of individuals all over the world. International relations between all

civilized states are improving from day to day. When the world is more

completely conquered by civilization, we may hope that it will become

increasingly difficult for evildoers to escape their duties.

Regarding this question from all points of view it is impossible for

us to give up this primordial condition for the preservation of human

society, which consists in making parents responsible for the

nourishment and education of their children.

The famous ideas of phalanstery and promiscuity, so often advanced,

originated in theoretical and dogmatic minds which had lost their

instinctive sense of human nature, and ignored what natural science

and ethnology have revealed to us.

But the responsibility of parents extends to another domain--the duty

of not procreating children who are unhealthy in body and mind. We

shall return to this question later on.

=Guardianship.=--An excellent institution of our present legislation

is that of the guardianship of orphans, lunatics, etc. It requires to

be developed extensively and with care. On the contrary, an evil

custom is the right accorded by certain countries to parishes charged

with poor and abandoned orphans, of delivering them by public tender

to the man who offers the lowest pension--and only requires them for

work. This system results in odious abuse, such as neglect, mendicity

and ill-treatment.

The fate of illegitimate children who are "farmed out" is still worse.

A tacit alliance is established between rapacity on the one hand and

social sexual hypocrisy on the other. A number of infanticides and

abortions result, either from poverty, or from sentiments of shame due

to our moral customs. Here, civil law and penal law should combine and

take energetic humanitarian measures to put a stop to this sad abuse.

An excellent institution is that of homes in the country established

for unmarried mothers and their children, and for abandoned mothers in

general.

=Free Love and Civil Marriage.=--When all the propositions we have

drawn up have been realized by social legislation, the difference

which now exists between marriage and free love will be little more

than a form. The consequences of these two kinds of union will become

the same, both for parents and children; the only distinction will

consist in the existence or non-existence of official control. True

monogamy will lose nothing, but will gain much.

We shall not then have obligatory monogamy as at present, absolute in

form, artificially maintained by the aid of prostitution, that is by

the most disgusting form of promiscuity which renders monogamy

illusory; but we shall have in its place a relative monogamy much more

solidly built on the natural rights of the two sexes, it is true more

free in form, but fundamentally much stronger in the natural and

instinctive duties dictated by a truly free and reasoned union, as

well as by the duties by which parents will be bound to their

children.

=Form and Duration of Civil Marriage.=--Although it may be true that

monogamy constitutes the most normal and natural form of family union,

and offers the best conditions for lasting happiness, both for parents

and children, we must be blindly prejudiced not to admit that it is

unnatural to consider it as the only sheet anchor in sexual

relationship, the only admissible form of marriage, and to make it a

straight-jacket. History and ethnography show us that polygamous races

are strongly developed and are still developing; on the other hand, it

is true that polyandrous races degenerate.

Again, impartial observation of our Christian monogamy shows us that

it depends to a great extent on appearances, that it is full of

trickery and hypocrisy, and that to legally enforce it for life must

be considered as absolutely impossible.

In Catholic countries which prohibit divorce, the latter has been

replaced by separation, and this becomes the most constant source of

adultery. The more the laws of a country impede divorce, the more one

must close one's eyes to promiscuity or prostitution, which has even

been regulated by the State by the aid of proxenetism, all the while

preaching monogamy in a loud voice.

These bitter lessons which practice has given to the partisan, of

obligatory monogamy, prove the absurdity of attempting to restrain the

natural appetites of man by force and by artificial obstacles. That

which succeeds, not without difficulty, with some strong characters,

and more easily with naturally cold temperaments, is impossible to

realize in the masses.

Polyandry is usually the result of poverty, and the polyandrous races

are little fecund and tend to disappear. The normal man is

instinctively more polygynous than the normal woman is polyandrous.

There are, however, cases where polyandry is justifiable. There are

women whose sexual appetite, more or less pathological, is so

insatiable that a normal man is incapable of satisfying it.

If such women were served by several Don Juans by means of a free

contract, this would be better than giving themselves in despair to

prostitution (there are some prostitutes created by nymphomania). This

system would also be better than the seduction of normal young girls

by the Don Juans in question.

Polygyny is still more indicated when the sterility of the woman or

her repugnance to sexual intercourse cause family disturbances.

In speaking of polygamy in Chapter VI, we have shown that it exists in

several forms, and that these are not all so humiliating for the women

as people think, who only know of the shameful abuses of the

Mussulman's harem. What lowers the moral level of polygyny is

especially the barbarous system of marriage by purchase, by which the

women become slaves burdened with heavy labor, and are in a state of

legal dependence. We have seen that polygyny has a higher moral

character among certain Indian tribes where matriarchism rules, and

where the wife is mistress of the house and family. The danger of

degradation of the woman ceases when she is equal to the man as

regards rights and property. In fact, in such a social state, polygyny

can only constitute an exception. It is here entirely free and becomes

all the more innocent because divorce is facilitated and strict laws

on the feeding and education of the children limit the male sexual

appetite.

I even venture to maintain that the stability of monogamous marriage,

which should be based on mutual sentiments of respect and love, would

be much better guaranteed than hitherto by legal liberty of conjugal

ties, and by duty to children such as I have proposed. If this became

recognized as conventional, men and women fit to understand each

other and love in a lasting manner, would find suitable mates more

easily, and would become united more permanently when their chains

were voluntary.

If marriages on trial became more frequent in the form of short

unions, ending with separation, this would not be a great evil, for

similar unions occur every day in a much baser form. Moreover, the

effect of legislation with regard to children would put a curb on

immorality and passion, which cause their worst effects.

If the objection is raised that this would lead immoral people to

avoid the procreation of children so as to enjoy more varied sexual

pleasures, I reply that this would be beneficial, for this anti-social

class of individuals would be eliminated by sterility, by a kind of

negative selection. We thus place two natural appetites in antagonism;

that of procreation on the one hand, and sexual enjoyment on the

other. Whoever inclines to the first, which is the higher and tends to

preserve the species, is obliged to restrain himself in the second,

without, however, falling into unnatural asceticism.

The sexual question · 第 25 / 28 章