Experience, confirmed by scientific observation, proves that the

temperate indulgence of abnormal sexuality is no more injurious to the

individual than a similar indulgence of normal sexuality.

VI.

In the present state of over-population, it is not to be apprehended

that a small minority of men exercising sterile and abnormal sexual

inclinations should seriously injure society by limiting the increase of

the human race.

VII.

Legislation does not interfere with various forms of sterile intercourse

between men and women: (1) prostitution, (2) cohabitation in marriage

during the period of pregnancy, (3) artificial precautions against

impregnation, and (4) some abnormal modes of congress with the consent

of the female. It is therefore in an illogical position, when it

interferes with the action of those who are naturally sterile, on the

ground of maintaining the numerical standard of the population.

VIII.

The danger that unnatural vices, if tolerated by the law, would increase

until whole nations acquired them, does not seem to be formidable. The

position of women in our civilisation renders sexual relations among us

occidentals different from those of any country--ancient Greece and

Rome, modern Turkey and Persia--where antiphysical habits have hitherto

become endemic.

IX.

In modern France, since the promulgation of the Code Napoleon, sexual

inversion has been tolerated under the same restrictions as normal

sexuality. That is to say, violence and outrages to public decency are

punished, and minors are protected, but adults are allowed to dispose as

they like of their own persons. The experience of nearly a century shows

that in France, where sexual inversion is not criminal _per se_, there

has been no extension of it through society. Competent observers, like

agents of police, declare that London, in spite of our penal

legislation, is no less notorious for abnormal vice than Paris.

X.

Italy, by the Penal Code of 1889, adopted the principles of the Code

Napoleon on this point. It would be interesting to know what led to this

alteration of the Italian law. But it cannot be supposed that the

results of the Code Napoleon in France were not fully considered.

XI.

The severity of the English statutes render them almost incapable of

being put in force. In consequence of this the law is not unfrequently

evaded, and crimes are winked at.

XII.

At the same time our laws encourage blackmailing upon false accusation;

and the presumed evasion of their execution places from time to time a

vile weapon in the hands of unscrupulous politicians, to attack the

Government in office. Examples: the Dublin Castle Scandals of 1884, the

Cleveland Street Scandals of 1889.

XIII.

Those who hold that our penal laws are required by the interests of

society must turn their attention to the higher education. This still

rests on the study of the Greek and Latin classics, a literature

impregnated with pæderastia. It is carried on at public schools, where

young men are kept apart from females, and where homosexual vices are

frequent. The best minds of our youth are therefore exposed to the

influences of a pæderastic literature at the same time that they acquire

the knowledge and experience of unnatural practices. Nor is any trouble

taken to correct these adverse influences by physiological instruction

in the laws of sex.

XIV.

The points suggested for consideration are whether England is still

justified in restricting the freedom of adult persons, and rendering

certain abnormal forms of sexuality criminal, by any real dangers to

society: after it has been shown (1) that abnormal inclinations are

congenital, natural, and ineradicable in a large percentage of

individuals; (2) that we tolerate sterile intercourse of various types

between the two sexes; (3) that our legislation has not suppressed the

immorality in question; (4) that the operation of the Code Napoleon for

nearly a century has not increased this immorality in France; (5) that

Italy, with the experience of the Code Napoleon to guide her, adopted

its principles in 1889; (6) that the English penalties are rarely

inflicted to their full extent; (7) that their existence encourages

blackmailing, and their non-enforcement gives occasion for base

political agitation; (8) that our higher education is in open

contradiction to the spirit of our laws.[80]

FINIS.

FOOTNOTES:

[1] Vindices Flammæ.

[2] Stieber, "Practisches Lehrbuch der Criminal-Polizei," 1860, cap. 19,

quoted by Ulrichs, "Araxes," p. 9. It is not necessary to multiply

evidences upon a point so patent to every man of the world. But I will

nevertheless translate a striking passage from Mantegazza (_op. cit._,

p. 148). "Nor is this infamous abomination confined to the vilest

classes of our society. It soars into the highest spheres of wealth and

intelligence. Within the narrow range of my own experience I have known

among the most scandalous sodomites a French journalist, a German poet,

an Italian statesman, and a Spanish jurist; all of these men of

exquisite taste and profound culture!" It would not be difficult to draw

up a list of English kings, bishops, deans, nobles of the highest rank,

poets, historians, dramatists, officers in the army and navy, civil

servants, schoolmasters in the most fashionable schools, physicians,

members of Parliament, journalists, barristers, who in their lifetime

were, as Dante says, "d'un medesmo peccato al mondo lerci." Many

belonging to the past are notorious; and no good could come of

mentioning the names of the living.

[3] This accusation against men who feel a sexual inclination for males

loses some of its significance when we consider how common the practice

of _Venus aversa_ is among libertines who love women. Parent-Duchatelet

asserts that no prostitute after a certain age has escaped it.

Coffignon, in his book on, "La Corruption à Paris" (p. 324), says:

"Chaque année, il passe en traîtement a l'hôpital de Lourcine une

centaine de femmes sodomistes.... Je suis persuadé qu'à l'hôpital de St.

Lazare la proportion des sodomistes est encore beaucoup plus grande....

Les maîtresses de maison, professant cet odieux principe que la

clientèle doit être satisfaite, ne permettent pas à une fille de se

refuser à une acte de sodomie." Tardieu (Attentats, &c., p. 198)

observes: "Chose singulière! c'est principalement des rapports conjugaux

que se sont produits les faits de cette nature."

[4] See Casper-Liman, vol. i., p. 182, at the end of Case 71.

[5] While studying what Germans call the _Casuistik_ of this question in

medical, forensic, and anthropological works, we often meet with cases

where inverted sexuality exhibits extraordinary symptoms of apparent

craziness--strange partialities for particular kinds of dress,

occupations in the beloved object, nastinesses, and so forth. But it

must be remarked first that the same symptoms are exhibited by sexually

normal natures (Krafft-Ebing, Observations 27, 28, 29, 30, 31, 32, 33,

34, 35, 36, 37, 38, 39, and the cases recorded in footnote to page 90);

and, secondly, that if they should appear to be more frequent in the

abnormal, this can in a great measure be ascribed to the fact that these

latter cases only come under the observation of medical men and judges

when the patients have already for many years been suffering from all

the pangs of a coerced and defrauded instinct. There is nothing in the

copious history of Greece and Rome upon this subject to lead us to

suppose that in a society which tolerated sexual inversion, its subjects

were more conspicuous for filthy and degrading or insane proclivities

than ordinary men and women were. Those who can bring themselves to

enquire into such matters may convince themselves by reading Forberg's

annotations to "Hermaphroditus," Rosenbaum's "Lustseuche," the

pseudo-Meursius, and the pornographical dialogues of Aretino. It will

appear conclusively that both in ancient and in modern times the normal

sexual instinct has been subject to the wildest freaks and aberrations;

not in actually diseased persons, but simply in lustful wantons and the

epicures of new sensations. The curious things we know about

flagellation and cruelty in connection with the ordinary appetite should

also be remembered. As a final note on this topic, I will refer to a

passage quoted by Tarnowsky from a work of Taxil, describing a

peculiarly repulsive class of fashionable libertines in Paris called

"les stercoraires" (_op. cit._, p. 70). Compare what Mantegazza reports

of a "gentile ufficiale francese" (Gli amore degli uomini, vol. i. p.

117).

[6] See upon this point Tardieu, "Attentats aux Moeurs," Rosenbaum, "Die

Lustseuche."

[7] Ancient literature abounds in prose and poetry which are both of

them concerned with homosexual love. Only a portion of this can be

called pornographic: among the Greeks, the [Greek: Mousa Paidikê], parts

of Lucian, and occasional hints in Athenæus and Aristophanes perhaps

deserve the name; among the Romans, the Priapeia, the Satyricon of

Petronius, some elegies and satires, certainly do so. Italian literature

can show the Rime Burlesche, Beccadelli's Hermaphroditus, the Canti

Carnascialeschi, the maccaronic poems of Fidentius, and the remarkably

outspoken romance entitled "Alcibiade fanciullo a scolla." Balzac has

treated the theme, but with reserve and delicacy. Mirabeau's "Erotika

Biblion" is a kind of classic on the subject. In English literature, if

we except Shakespeare's Sonnets, George Barnfield's Poems, parts of

Marlowe, "Roderick Random," Churchill's Satire "The Times," homosexual

passions have been rarely handled, and none of these works are

pornographic. In Germany, Count von Platen, Heine's victim, was

certainly an Urning; but his homosexual imitations of Persian poetry are

pure, though passionate. I am not acquainted with more than the titles

of some distinctly pornographic German books. The following appears to

be of this sort: "Mannesliebe, oder drei Jahre aus dem Leben eines

jungen Mannes."

[8] Les Deux Prostitutions, par F. Carlier, Ancien Chef du Service actif

des Moeurs à la Préfecture de Police. Paris. Dentu. 1889.

[9] Paris, Brossier, 1889.

[10] In the recently published military novel "Sous Offs." (by Lucien

Descaves, Paris, Tresse et Stock, 1890) some details are given regarding

establishments of this nature. See pp. 322, 412, 417, for a description

of the drinking-shop called "Aux Amis de l'Armée," where a few maids

were kept for show, and also of its frequenters, including in particular

the adjutant Laprévotte (cp. 44).

[11] On the morals of the Foreign Legions, see Ulrichs, Ara Spei, p. 20;

Memnon, p. 27. Also General Brossier's report, quoted by Burton, Arabian

Nights, vol. x. p. 251

[12] P. 459.

[13] Tardieu, _op. cit._, pp. 213-255.

[14] In dealing with Tardieu, Casper-Liman, and Tarnowsky, I have

directed the reader to passages in the works of the three medical

authorities who have spoken most decidedly upon this topic. After

comparing their evidence, the case seems to me to stand thus. Both male

and female prostitutes are exposed to considerable risks of physical

deformation in the exercise of their illicit trade. But males and

females, if they keep their vicious propensities within the bounds of

temperance, offer no physical deformations to observation. Only those

men who for years have practised promiscuous prostitution earn epithets

like the Greek slang [Greek: euryprôktos], or the Italian _culo rotto_.

[15] Casper-Liman, _op. cit._, vol. i. p. 164.

[16] Casper-Liman, _op. cit._, vol. i. pp. 174-181.

[17] _Op. cit._, vol. i. pp. 164-166.

[18] Having criticised Tardieu for his use of the phrase _pæderast_,

Casper and Liman can find no better.

[19] Westphal: Die Conträre Sexualempfindung. Archiv für Psychatrie,

vol. ii. I.

[20] The Standard of Sanity, Br. Med. Journal, Nov. 28, 1885.

[21] See Tarnowsky about the opinion of the lower classes in St.

Petersburg, _op. cit._, p. 99. "Ueberhaupt verhalten sich die gemeinen

ungebildeten Leute, dem Ausspruch aller mir bekannten Päderasten gemäss,

äusserat nachsichtig gegen unzüchtige Anträge--'herrschaft-liche

Spielerei,' wie sie es nennen." This is true not only of Russia, but of

countries where we should least expect to find the compliance in

question.

[22] P. 73. The italics are the translator's. The adjective

_homosexual_, though ill-compounded of a Greek and a Latin word, is

useful, and has been adopted by medical writers on this topic.

_Unisexual_ would perhaps be better.

[23] A note upon this subject has to be written; and it may be

introduced here as well as elsewhere. Balzac, in _Une dernière

incarnation de Vautrin_, describes the morals of the French _bagnes_.

Dostoieffsky, in _Prison Life in Siberia_, touches on the same topic.

See his portrait of Sirotkin, p. 52, _et seq._, p. 120 (edn. J. & R.

Maxwell, London). We may compare Carlier, _op. cit._, pp. 300, 301, for

an account of the violence of homosexual passions in French prisons. The

initiated are familiar with the facts in English prisons. There is a

military prison on the Lido at Venice, where incorrigible lovers of

their own sex, amongst other culprits, are confined. A man here said:

"All our loves in this place are breech-loaders." Bouchard, in his

_Confessions_ (Paris, Liseux, 1881), describes the convict station at

Marseilles in 1630. The men used to be allowed to bring women on board

the galleys. At that epoch they "les besognoient avant tout le monde,

les couchant sous le banc sur leur 'capot. Mais depuis quelques années

en ca, le general a defendu entrée aux femmes. De sorte qu'il ne se

pêche plus maintenant là-dedans qu'en sodomie, mollesse, irrumation, et

autres pareilles tendresses" (p. 151). The same Frenchman, speaking of

the Duc d'Orléans' pages at Paris, says that this was a "cour extrèmemen

impie et débauchée, surtout pour les garçons, M. d'Orléans deffendoit à

ses pages de se besogner ni branler la pique; leur donnant au reste

congé de voir les femmes tant qu'ils voudroient, et quelquefois venant

de nuict heurter à la porte de leur chambre, avec cinq ou six garses,

qu'il enfermoit avec eux une heure à deux" (p. 88). This prince was of

the same mind as Campanella, who, in the _Città del Sole_, laid it down

that young men ought to be freely admitted to women, for the avoidance

of sexual aberrations. Aretino and Berni enable us to comprehend the

sexual immorality of males congregated together in the courts of Roman

prelates. As regards military service, the facts related by Ulrichs

about the French Foreign Legion in Algeria, on the testimony of a

credible witness, who had been a pathic in his regiment, deserve

attention (_Ara Spei_, p. 20; _Memnon_, p. 27). This man, who was a

German, told Ulrichs that the Spanish, French, and Italian soldiers were

the lovers, the Swiss and German their beloved. See General Brossier,

cited above, p. 19. Ulrichs reports that in the Austrian army lectures

on homosexual vices are regularly given to cadets and conscripts

(_Memnon_, p. 20).

[24] See above, p. 33, my criticism of Moreau upon this point, with

special reference to Greece.

[25] Prometheus, pp. 20-26, _et seq._

[26] Without having recourse to Ulrichs, it may be demonstrated from

Krafft-Ebing's own cases of genuine Urnings that early onanism is by no

means more frequent among them than among normal males. Five marked

specimens showed no inclination for self-abuse. The first (p. 128) says:

"As I never masturbated and felt no inclination for it, I sometimes had

a nocturnal pollution." The second (p. 155): "You will be surprised to

hear that before my twenty-eighth year I never had any ejaculation of

semen, either by nocturnal emissions, or by masturbation, or by contact

with a man." The third (p. 172): "Onanism is a miserable makeshift, and

pernicious, whereas homosexual love elevates the moral and strengthens

the physical nature." The fourth (p. 163): "I had an internal horror of

onanism, although from the very first appearance of puberty I was

sensually very excitable and troubled with persistent erections." The

fifth (p. 142) is not so clear; but it is obvious from his remarks that

the first ejaculation of semen which happened to him did so at the sight

of a handsome soldier: "feeling my parts moistened, I was horribly

frightened and thought it was a hæmorrhage." Some of the cases do not

mention the subject at all. A good many seem to have begun to masturbate

early; but the proportion is not excessive to the whole number. One

Urning explains the _faute de mieux_ system (p. 115): "If we have no

friend, whose sexual company has become needful to the preservation of

our health, and if we abandon ourselves at last to masturbation alone

with our imagination, then indeed do we become ill." Another speaks as

follows (p. 151): "Homosexual indulgence with a man gave me enjoyment

and a consequent feeling of well-being, whereas onanism _faute de mieux_

produced an opposite result."

[27] P. 82. Herodotus called it "the female disease."

[28] P. 86, _et seq._

[29] P. 88, _et seq._

[30] Henceforward we may use the word Urning without apology; for

however the jurists and men of science repudiate Ulrichs' doctrine, they

have adopted his designation for a puzzling and still unclassified

member of the human race. A Dr. Kaserer, of Vienna, is said to have

invented the term Urning.

[31] This is a hit at Westphal, Krafft-Ebing's predecessor, who laid

down the doctrine that Urnings are conscious of their own morbidity. Of

course, both authorities are equally right. Approach an Urning with

terrors of social opinion and law; and he will confess his dreadful

apprehensions. Approach him from the point of view of science; and he

will declare that, within four closed walls, he has no thought of guilt.

[32] Pp. 97-106.

[33] The physical repugnance of true Urnings for women may be

illustrated by passages from three of Krafft-Ebing's cases (pp. 117,

123, 163), which I will translate. (1) "I had observed that a girl was

madly in love with me, and longed intensely to yield herself up to me. I

gave her an assignation in my house, hoping that I should succeed better

with a girl who sought me out of love than I had with public women.

After her first fiery caresses, I did indeed feel a little less frigid;

but when it came to thinking about copulation, all was over--the same

stark frost set in, and my part was played out. I sent her away, deeply

excited, with some moral remarks; and I have never tried the like

experiments again. On all these occasions _the specific odour of the

female added to my horror_." (2) "The proximity of wenches aroused in me

qualms and nausea; _in particular I could not bear to smell them_." (3)

"It seems to me absurd to set up the female form as the prototype of

human beauty. I regard a woman's person as displeasing, the formation of

her hips as ugly and unæsthetic. Dancing is therefore an abomination to

me. _I loathe the odour which the so-called fair sex exhales when heated

by the dance._" The disgust inspired in these three Urnings by the smell

of the female is highly significant; since we know that the sense of

smell acts powerfully upon the sexual appetite of normal individuals. It

may be remarked that in all the instances of pronounced Urnings, sexual

congress with women seems to have been followed with disgust, nervous

exhaustion, and the sense of an unnatural act performed without

pleasure. This is true even of those who have brought themselves to

marriage.

[34] A sign, by the way, which may be observed in the most masculine of

athletes. This is very noticeable in the nude photographs of Sandow.

[35] Englishmen know the type as Mariannes, and had occasion to study

their habits in the Boulton and Park trial. For the type in Paris,

consult Carlier, _op. cit._, pp. 323-326, 339-351, 463.

[36] I have used the German version of Lombroso's work, because of the

translator's preface and occasional annotations.

[37] See Dufour, "Histoire de la Prostitution," vol. iii. (France, ch.

i.) p. 193.

[38] See Dufour, "Histoire de la Prostitution," (France, chs. 6 and 7).

[39] See above, p. 35, for an ingenious definition by Dr. Huggard, which

covers both classes as born criminals and moral madmen.

[40] His German translator calls attention to this omission; p. 153

footnote.

[41] Third edition. Halle a. S., 1882.

[42] Psych. Sex., p. 82.

[43] Leipzig, Wigand, 1860.

[44] Arabian Nights, 1885, vol. x., pp. 205-254.

[45] Burton's acquaintance with what he called "le Vice" was principally

confined to Oriental nations. He started on his enquiries, imbued with

vulgar errors; and he never weighed the psychical theories examined by

me in the foregoing section of this Essay. Nevertheless, he was led to

surmise a crasis of the two sexes in persons subject to sexual

inversion. Thus he came to speak of "the third sex." During

conversations I had with him less than three months before his death, he

told me that he had begun a general history of "le Vice"; and at my

suggestion he studied Ulrichs and Krafft-Ebing. It is to be lamented

that life failed before he could apply his virile and candid criticism

to those theories, and compare them with the facts and observations he

had independently collected.

[46] I give the author's own text, p. 206.

[47] P. 208.

[48] P. 251.

[49] P. 222.

[50] Pp. 204, 209.

[51] Gli amori degli Uomini, Milano, 1886, vol. i. cap. 5.

[52] _Ibid._, p. 149.

[53] Pp. 148-154.

[54] P. 154.

[55] See above, p. 55, note.

[56] The notion that human beings were originally hermaphrodite is both

ancient and wide-spread. We find it in the Book of Genesis, unless,

indeed, there be a confusion here between two separate theories of

creation. God is said to have first made man in his own image, male and

female in one body, and to have bidden them multiply. Later on he

created the woman out of part of the primitive man. The myth related by

Aristophanes in Plato's _Symposium_ has a curious bearing upon Ulrichs'

speculations. There were originally human beings of three sexes: men,

the children of the sun; women, the children of the earth; and

hermaphrodites, the children of the moon. They were round, with two

faces, four hands, four feet and two sets of reproductive organs apiece.

In the case of the third sex, one set was male, the other female. Zeus,

on account of their strength and insolence, sliced them into halves.

Since that time the halves of each sort have always striven to unite

with their corresponding halves, and have found some satisfaction in

carnal congress--males with males, females with females, and males and

females with each other: "They who are a section of the male follow the

male, and while they are young, being slices of the original man, they

hang about men and embrace them, and they are themselves the best of

boys and youths, because they have the most manly nature. And when they

reach manhood, they are lovers of youth, and are not naturally inclined

to marry or beget children, which they do, if at all, only in obedience

to the law, but they are satisfied if they may be allowed to live with

one another unwedded; and such a nature is prone to love and ready to

return love, always embracing that which is akin to him." (Symp. 191-2,

Jowett's translation.) Then follows a glowing description of Greek Love,

the whole reminding us very closely of the confessions made by Urnings

in modern times, and preserved by medical or forensic writers on sexual

inversion.

[57] Memnon, section xix.

[58] See above, p. 36, the suggestion quoted from Dr. Huggard of "a

congenital lack of balance between structures themselves healthy." It

might be queried whether this "imperfect sexual differentiation," or

this "congenital lack of balance between structures themselves healthy,"

is not the result of an evolutionary process arriving through heredity

and casual selection at an abnormal, but not of necessity a morbid,

phenomenon in certain individuals.

[59] The first two from Casper-Liman, Handbuch der gerichtlichen

Medicin, vol. i. pp. 166-169. The others from Krafft-Ebing, Psychopathia

Sexualis.

A Problem in Modern Ethics Being an Inquiry into the Phenomenon of Sexual Inversion, Addressed Especially to Medical Psychologists and Jurists · 第 8 / 9 段