From the point of view of morality and law, he argues, it does not

signify whether we regard the sexual inversion of an Urning as morbid or

as natural. He has become what he is in the dawn and first emergence of

emotional existence. You may contend, that he derives perverted

instincts from his ancestry, that he is the subject of a psychical

disorder, that from the cradle he is predestined by atavism or disease

to misery. I maintain that he is one of nature's sports, a creature

healthy and well organised, evolved in her superb indifference to

aberrations from the normal type. We need not quarrel over our

solutions of the problem. The fact that he is there, among us, and that

he constitutes an ever-present factor in our social system, has to be

faced. How are we to deal with him? Has society the right to punish

individuals sent into the world with homosexual instincts? Putting the

question at its lowest point, admitting that these persons are the

victims of congenital morbidity, ought they to be treated as criminals?

It is established that their appetites, being innate, are _to them_ at

least natural and undepraved; the common appetites, being excluded from

their sexual scheme, are _to them_ unnatural and abhorrent. Ought not

such beings, instead of being hunted down and persecuted by legal

bloodhounds, to be regarded with pitying solicitude as among the most

unfortunate of human beings, doomed as they are to inextinguishable

longings and life-long deprivation of that which is the chief prize of

man's existence on this planet, a reciprocated love? As your laws at

present stand, you include all cases of sexual inversion under the one

domination of crime. You make exceptions in some special instances, and

treat the men involved as lunatics. But the Urning is neither criminal

nor insane. He is only less fortunate than you are, through an accident

of birth, which is at present obscure to our imperfect science of sexual

determination.

So far Ulrichs is justified in his pleading. When it has been admitted

that sexual inversion is usually a fact of congenital diathesis, the

criminal law stands in no logical relation to the phenomenon. It is

monstrous to punish people as wilfully wicked because, having been born

with the same organs and the same appetites as their neighbours, they

are doomed to suffer under the frightful disability of not being able to

use their organs or to gratify their appetites in the ordinary way.

But here arises a difficulty, which cannot be ignored, since upon it is

based the only valid excuse for the position taken up by society in

dealing with this matter. Not all men and women possessed by abnormal

sexual desires can claim that these are innate. It is certain that the

habits of sodomy are frequently acquired under conditions of exclusion

from the company of persons of the other sex--as in public schools,

barracks, prisons, convents, ships. In some cases they are deliberately

adopted by natures tired of normal sexual pleasure. They may even become

fashionable and epidemic. Lastly, it is probable that curiosity and

imitation communicate them to otherwise normal individuals at a

susceptible moment of development. Therefore society has the right to

say: Those who are the unfortunate subjects of inborn sexual inversion

shall not be allowed to indulge their passions, lest the mischief should

spread, and a vicious habit should contaminate our youth. From the

utilitarian point of view, society is justified in protecting itself

against a minority of exceptional beings whom it regards as pernicious

to the general welfare. From any point of view, the majority is strong

enough to coerce to inborn instincts and to trample on the anguish of a

few unfortunates. But, asks Ulrichs, is this consistent with humanity,

is it consistent with the august ideal of impartial equity? Are people,

sound in body, vigorous in mind, wholesome in habit, capable of generous

affections, good servants of the state, trustworthy in all the ordinary

relations of life, to be condemned at law as criminals because they

cannot feel sexually as the majority feel, because they find some

satisfaction for their inborn want in ways which the majority dislike?

Seeking a solution of the difficulty stated in the foregoing paragraph,

Ulrichs finds it in fact and history. His answer is that if society

leaves nature to take her course, with the abnormal as well as with the

normal subjects of sexual inclination, society will not suffer. In

countries where legal penalties have been removed from inverted

sexuality, where this is placed upon the same footing as the normal--in

France, Bavaria (?), the Netherlands (?)--no inconvenience has hitherto

arisen.[61] There has ensued no sudden and flagrant outburst of a

depraved habit, no dissemination of a spreading moral poison. On the

other hand, in countries where these penalties exist and are

enforced--in England, for example, and in the metropolis of England,

London--inverted sexuality runs riot, despite of legal prohibitions,

despite of threats of prison, dread of exposure, and the intolerable

pest of organised _chantage_. In the eyes of Ulrichs, society is engaged

in sitting on a safety-valve, which if nature were allowed to operate

unhindered would do society no harm, but rather good. The majority, he

thinks, are not going to become Urnings, for the simple reason that they

have not the unhappy constitution of the Urning. Cease to persecute

Urnings, accept them as inconsiderable, yet real, factors, in the social

commonwealth, leave them to themselves, and you will not be the worse

for it, and will also not carry on your conscience the burden of

intolerant vindictiveness.

Substantiating this position, Ulrichs demonstrates that acquired habits

of sexual inversion are almost invariably thrown off by normal natures.

Your boys at public schools, he says, behave as though they were

Urnings. In the lack of women, at the time when their passions are

predominant, they yield themselves up together to mutual indulgences

which would bring your laws down with terrible effect upon adults. You

are aware of this. You send your sons to Eton and to Harrow, and you

know very well what goes on there. Yet you remain untroubled in your

minds. And why? Because you feel convinced that they will return to

their congenital instincts.

When the school, the barrack, the prison, the ship has been abandoned,

the male reverts to the female. This is the truth about Dionings. The

large majority of men and women remain normal, simply because they were

made normal. They cannot find the satisfaction of their nature in those

inverted practices to which they yielded for a time through want of

normal outlet. Society risks little by the occasional caprice of the

school, the barrack, the prison, and the ship. Some genuine Urnings may,

indeed, discover their inborn inclination by means of the process to

which you subject them. But you are quite right in supposing that a

Dioning, though you have forced him to become for a time an Uraniaster,

will never in the long run appear as an Urning. The extensive experience

which English people possess regarding such matters, owing to the

notorious condition of their public schools, goes to confirm Ulrichs'

position. Headmasters know how many Uraniasters they have dealt with,

what excellent Dionings they become, and how comparatively rare, and yet

how incorrigibly steadfast, are the genuine Urnings in their flock.

The upshot of this matter is that we are continually forcing our young

men into conditions under which, if sexual inversion were an acquired

attribute, it would become stereotyped in their natures. Yet it does not

do so. Provisionally, because they are shut off from girls, because they

find no other outlet for their sex at the moment of its most imperious

claims, they turn toward males, and treat their younger school-fellows

in ways which would consign an adult to penal servitude. They are

Uraniasters by necessity and _faute de mieux_. But no sooner are they

let loose upon the world than the majority revert to normal channels.

They pick up women in the streets, and form connections, as the phrase

goes. Some undoubtedly, in this fiery furnace through which they have

been passed, discover their inborn sexual inversion. Then, when they

cannot resist the ply of their proclivity, you condemn them as criminals

in their later years. Is that just? Would it not be better to revert

from our civilisation to the manners of the savage man--to initiate

youths into the mysteries of sex, and to give each in his turn the

chance of developing a normal instinct by putting him during his time of

puberty freely and frankly to the female? If you abhor Urnings, as you

surely do, you are at least responsible for their mishap by the

extraordinary way in which you bring them up. At all events, when they

develop into the eccentric beings which they are, you are the last

people in the world who have any right to punish them with legal

penalties and social obloquy.

Considering the present state of the law in most countries to be

inequitable toward a respectable minority of citizens, Ulrichs proposes

that Urnings should be placed upon the same footing as other men. That

is to say, sexual relations between males and males should not be

treated as criminal, unless they be attended with violence (as in the

case of rape), or be carried on in such a way as to offend the public

sense of decency (in places of general resort or on the open street), or

thirdly be entertained between an adult and a boy under age (the

protected age to be decided as in the case of girls). What he demands is

that when an adult male, freely and of his own consent, complies with

the proposals of an adult person of his own sex, and their intercourse

takes place with due regard for public decency, neither party shall be

liable to prosecution and punishment at law. In fact he would be

satisfied with the same conditions as those prevalent in France, and

since June, 1889, in Italy.

If so much were conceded by the majority of normal people to the

abnormal minority, continues Ulrichs, an immense amount of misery and

furtive vice would be at once abolished. And it is difficult to conceive

what evil results would follow. A defender of the present laws of

England, Prussia, &c., might indeed reply: "This is opening a free way

to the seduction and corruption of young men." But young men are surely

at least as capable of defending themselves against seduction and

corruption as young women are. Nay, they are far more able, not merely

because they are stronger, but because they are not usually weakened by

an overpowering sexual instinct on which the seducer plays. Yet the

seduction and corruption of young women is tolerated, in spite of the

attendant consequences of illegitimate childbirth, and all which that

involves. This toleration of the seduction of women by men springs from

the assumption that only the normal sexual appetite is natural. The

seduction of a man by a male passes for criminal, because the inverted

sexual instinct is regarded as unnatural, depraved, and wilfully

perverse. On the hypothesis that individuals subject to perverted

instincts can suppress them at pleasure or convert them into normal

appetite, it is argued that they must be punished. But when the real

facts come to be studied, it will be found: first, that these instincts

are inborn in Urnings, and are therefore in their case natural;

secondly, that the suppression of them is tantamount to life-long

abstinence under the constant torture of sexual solicitation; thirdly,

that the conversion of them into normal channels is in a large

percentage of cases totally impossible, in nearly all where it has been

attempted is only partially successful, and where marriage ensues has

generally ended in misery for both parties. Ulrichs, it will be noticed,

does not distinguish between Urnings, in whom the inversion is admitted

to be congenital, and Uraniasters, in whom it has been acquired or

deliberately adopted. And it would be very difficult to frame laws which

should take cognisance of these two classes. The Code Napoleon

legalises the position of both, theoretically at any rate. The English

code treats both as criminal, doing thereby, it must be admitted, marked

injustice to recognised Urnings, who at the worst are morbid or insane,

or sexually deformed, through no fault of their own.

In the present state of things, adds Ulrichs, the men who yield their

bodies to abnormal lovers, do not merely do so out of compliance,

sympathy, or the desire for reasonable reward. Too often they speculate

upon the illegality of the connection, and have their main object in the

extortion of money by threats of exposure. Thus the very basest of all

trades, that of _chantage_, is encouraged by the law. Alter the law, and

instead of increasing vice, you will diminish it; for a man who should

then meet the advances of an Urning, would do so out of compliance, or,

as is the case with female prostitutes, upon the expectation of a

reasonable gain. The temptation to ply a disgraceful profession with the

object of extorting money would be removed. Moreover, as regards

individuals alike abnormally constituted, voluntary and mutually

satisfying relations, free from degrading risks, and possibly permanent,

might be formed between responsible agents. Finally, if it be feared

that the removal of legal disabilities would turn the whole male

population into Urnings, consider whether London is now so much purer in

this respect than Paris?

One serious objection to recognising and tolerating sexual inversion has

always been that it tends to check the population. This was a sound

political and social argument in the time of Moses, when a small and

militant tribe needed to multiply to the full extent of its procreative

capacity. It is by no means so valid in our age, when the habitable

portions of the globe are rapidly becoming overcrowded.[62] Moreover, we

must bear in mind that society, under the existing order, sanctions

female prostitution, whereby men and women, the normally procreative,

are sterilised to an indefinite extent. Logic, in these circumstances,

renders it equitable and ridiculous to deny a sterile exercise of sex to

abnormal men and women, who are by instinct and congenital diathesis

non-procreative.

As the result of these considerations, Ulrichs concludes that there is

no real ground for the persecution of Urnings except as may be found in

the repugnance by the vast numerical majority for an insignificant

minority. The majority encourages matrimony, condones seduction,

sanctions prostitution, legalises divorce in the interests of its own

sexual proclivities. It makes temporary or permanent unions illegal for

the minority whose inversion of instinct it abhors. And this

persecution, in the popular mind at any rate, is justified, like many

other inequitable acts of prejudice or ignorance, by theological

assumptions and the so-called mandates of revelation.

In the next place it is objected that inversed sexuality is demoralising

to the manhood of a nation, that it degrades the dignity of a man, and

that it is incapable of moral elevation. Each of these points may be

taken separately. They are all of them at once and together contradicted

by the history of ancient Greece. There the most warlike sections of the

race, the Dorians of Crete and Sparta, and the Thebans, organised the

love of male for male because of the social and military advantages they

found in it. Their annals abound in eminent instances of heroic

enthusiasm, patriotic devotion, and high living, inspired by homosexual

passion. The fighting peoples of the world, Kelts in ancient story,

Normans, Turks, Afghans, Albanians, Tartars, have been distinguished by

the frequency among them of what popular prejudice regards as an

effeminate vice.

With regard to the dignity of man, is there, asks Ulrichs, anything more

degrading to humanity in sexual acts performed between male and male

than in similar acts performed between male and female. In a certain

sense all sex has an element of grossness which inspires repugnance. The

gods, says Swinburne,

"Have strewed one marriage-bed with tears and fire,

For extreme loathing and supreme desire."

It would not be easy to maintain that a curate begetting his fourteenth

baby on the body of a worn-out wife is a more elevating object of

mental contemplation than Harmodius in the embrace of Aristogeiton, or

that a young man sleeping with a prostitute picked up in the Haymarket

is cleaner than his brother sleeping with a soldier picked up in the

Park. Much of this talk about the dignity of man, says Ulrichs, proceeds

from a vulgar misconception as to the nature of inverted sexual desire.

People assume that Urnings seek their pleasure only or mainly in an act

of unmentionable indecency. The exact opposite, he assures them, is the

truth. The act in question is no commoner between men and men than it is

between men and women. Ulrichs, upon this point, may be suspected,

perhaps, as an untrustworthy witness. His testimony, however, is

confirmed by Krafft-Ebing, who, as we have seen, has studied sexual

inversion long and minutely from the point of view of psychical

pathology. "As regards the nature of their sexual gratification," he

writes, "it must be established at the outset that the majority of them

are contented with reciprocal embraces; the act commonly ascribed to

them they generally abhor as much as normal men do; and, inasmuch as

they always prefer adults, they are in no sense specially dangerous to

boys."[63] This author proceeds to draw a distinction between Urnings in

whom sexual inversion is congenital, and old debauchees or half-idiotic

individuals, who are in the habit of misusing boys. The vulgar have

confounded two different classes; and everybody who studies the

psychology of Urnings is aware that this involves a grave injustice to

the latter.

"But, after all," continues the objector, "you cannot show that inverted

sexuality is capable of any moral elevation." Without appealing to

antiquity, the records of which confute this objection overwhelmingly,

one might refer to the numerous passages in Ulrich's writings where he

relates the fidelity, loyalty, self-sacrifice, and romantic enthusiasm

which frequently accompany such loves, and raises them above baseness.

But, since here again he may be considered a suspicious witness, it will

suffice, as before, to translate a brief passage from Krafft-Ebing. "The

Urning loves, idolizes his friend, quite as much as the normal man loves

and idolizes his girl. He is capable of making for him the greatest

sacrifices. He suffers the pangs of unhappy, often unreturned,

affection; feels jealousy, mourns under the fear of his friend's

infidelity."[64] When the time comes for speaking about Walt Whitman's

treatment of this topic, it will appear that the passion of a man for

his comrade has been idealised in fact and deed, as well as in poetry.

For the present it is enough to remark that a kind of love, however

spontaneous and powerful, which is scouted, despised, tabooed, banned,

punished, relegated to holes and corners, cannot be expected to show its

best side to the world. The sense of sin and crime and danger, the

humiliation and repression and distress to which the unfortunate pariahs

of inverted sexuality are daily and hourly exposed must inevitably

deteriorate the nobler elements in their emotion. Give abnormal love

the same chance as normal love, subject it to the wholesome control of

public opinion, allow it to be self-respecting, draw it from dark slums

into the light of day, strike off its chains and set it free--and I am

confident says Ulrichs, that it will exhibit analogous virtues,

checkered, of course, by analogous vices, to those with which you are

familiar in the mutual love of male and female. The slave has of

necessity a slavish soul. The way to elevate is to emancipate him.

"All that may be true," replies the objector: "it is even possible that

society will take the hard case of your Urnings into consideration, and

listen to their bitter cry. But, in the meanwhile, supposing these

inverted instincts to be inborn, supposing them to be irrepressible and

inconvertible, supposing them to be less dirty and nasty than they are

commonly considered, is it not the plain duty of the individual to

suppress them, so long as the law of his country condemns them?" No,

rejoins Ulrichs, a thousand times no! It is only the ignorant antipathy

of the majority which renders such law as you speak of possible. Go to

the best books of medical jurisprudence, go to the best authorities on

psychical deviations from the normal type. You will find that these

support me in my main contention. These, though hostile in their

sentiments and chilled by natural repugnance, have a respect for

science, and they agree with me in saying that the Urning came into this

world an Urning, and must remain till the end of his life an Urning

still. To deal with him according to your code is no less monstrous than

if you were to punish the colour-blind, or the deaf and dumb, or

albinoes, or crooked-back cripples. "Very well," answers the objector:

"But I will quote the words of an eloquent living writer, and appeal to

your generous instincts and your patriotism. Professor Dowden observes

that 'self-surrender is at times sternly enjoined, and if the egoistic

desires are brought into conflict with social duties, the individual

life and joy within us, at whatever cost of personal suffering, must be

sacrificed to the just claims of our fellows.'[65] What have you to say

to that?" In the first place, replies Ulrichs, I demur in this case to

the phrases _egoistic desires_, _social duties_, _just claims of our

fellows_. I maintain that in trying to rehabilitate men of my own stamp

and to justify their natural right to toleration I am not egoistic. It

is begging the question to stigmatise their inborn desire as selfish.

The social duties of which you speak are not duties, but compliances to

law framed in blindness and prejudice. The claims of our fellows, to

which you appeal, are not just, but cruelly inequitous. My insurgence

against all these things makes me act indeed as an innovator; and I may

be condemned, as a consequence of my rashness, to persecution, exile,

defamation, proscription. But let me remind you that Christ was

crucified, and that he is now regarded as a benefactor. "Stop," breaks

in the objector: "We need not bring most sacred names into this

discussion. I admit that innovators have done the greatest service to

society. But you have not proved that you are working for the salvation

of humanity at large. Would it not be better to remain quiet, and to

sacrifice your life and joy, the life and joy of an avowed minority, for

the sake of the immense majority who cannot tolerate you, and who dread

your innovation? The Catholic priesthood is vowed to celibacy; and

unquestionably there are some adult men in that order who have trampled

out the imperious appetite of the male for the female. What they do for

the sake of their vow will not you accomplish, when you have so much of

good to gain, of evil to escape?" What good, what evil? rejoins Ulrichs.

You are again begging the question; and now you are making appeals to my

selfishness, my personal desire for tranquillity, my wish to avoid

persecution and shame. I have taken no vow of celibacy. If I have taken

any vow at all, it is to fight for the rights of an innocent, harmless,

downtrodden group of outraged personalities. The cross of a Crusade is

sewn upon the sleeve of my right arm. To expect from me and from my

fellows the renouncement voluntarily undertaken by a Catholic priest is

an absurdity, when we join no order, have no faith to uphold, no

ecclesiastical system to support. We maintain that we have the right to

exist after the fashion in which nature made us. And if we cannot alter

your laws, we shall go on breaking them. You may condemn us to infamy,

exile, prison--as you formerly burned witches. You may degrade our

emotional instincts and drive us into vice and misery. But you will not

eradicate inverted sexuality. Expel nature with a fork, and you know

what happens. "That is enough," says the objector: "We had better close

this conversation. I am sorry for you, sorry that you will not yield to

sense and force. The Urning must be punished."

VIII.

LITERATURE--IDEALISTIC.

A Problem in Modern Ethics Being an Inquiry into the Phenomenon of Sexual Inversion, Addressed Especially to Medical Psychologists and Jurists · 第 6 / 9 段