[60] Memnon, section lxxiii. p. 54.

[61] Since Ulrichs left off writing, Italy (by the "Nuovo Codice Penale"

of 1889) has adopted the principles of the Code Napoleon, and has placed

sexual inversion under the same legal limitations as the normal sexual

instinct.

[62] Dr. W. Ogle, on the 18th March, 1890, read a paper before the

Statistical Society upon "Marriage Rates and Ages." The conclusion he

arrived at, with regard to the rapidly-advancing over-population of

England, was that, in order to equalise the death-rate with the

birth-rate (or in other words, to maintain the population at its present

level), we must look forward either to (1) an increase of emigration

which would involve social revolution, or (2) to the advance of the

average age at which women marry to the point of thirty years, or (3) to

an exclusion of 45 per cent. of those who now marry from matrimony at

any period of life. In the face of these calculations, after admitting

their possible exaggeration, it seems illogical to punish with severe

legal penalties those members of the male sex who do not want to marry,

and who can satisfy their natural desires in ways which involve no

detriment to the State and no violation of the rights of individuals.

[63] Psych. Sex., p. 108. I have condensed the sense of four short

paragraphs, to translate which in full would have involved a

disagreeable use of medical language.

[64] Psych. Sex., p. 107.

[65] Studies in Literature, p. 119.

[66] In this relation it is curious to note what one of Casper-Liman's

correspondents says about the morals of North America (_op. cit._, vol.

i. p. 173). "Half a year after my return I went to North America, to try

my fortune. There the unnatural vice in question is more ordinary than

it is here; and I was able to indulge my passions with less fear of

punishment or persecution. The American's tastes in this matter resemble

my own; and I discovered, in the United States, that I was always

immediately recognised as a member of the confraternity." The date of

this man's visit to America was the year 1871-72. He had just returned

from serving as a volunteer in the great Franco-German war of 1870-71.

[67] Not included in the "Complete Poems and Prose." It will be found in

"Leaves of Grass," Boston, 1860-1861.

[68] The two last are from "Drum-Taps."

[69] This I cannot find in "Complete Poems and Prose." It is included in

the Boston edition, 1860-61, and the Camden edition, 1876.

[70] "Drum-Taps." Complete Poems, p. 247.

[71] _Ibid._, p, 238.

[72] "Leaves of Grass." Complete Poems, p. 107.

[73] Complete Poems, p. 109. Compare, "I hear it was charged against

me," _ibid._, p. 107.

[74] Complete Poems, p. 110.

[75] Camden edition, 1876, p. 127. Complete Poems, p. 99. Compare

"Democratic Vistas," Complete Prose, p. 247, note.

[76] These prose passages are taken from "Democratic Vistas," cited

above, p. 119, note.

[77] While these sheets were going through the press, I communicated

Whitman's reply to a judicious friend, whose remarks upon it express my

own opinion more clearly and succinctly than I have done above: "I do

not feel that this answer throws light on the really interesting

question; does the sentiment of 'Calamus' represent, in its own way, the

ideal which we should aim at impressing on passionate affections between

men, as certainly liable to take other objectionable forms? Is there

sufficient affinity between the actual and the ideal for this to be

practicable? That is what I have never felt sure about when we have

discussed these matters. But I do not feel that my doubts have been

resolved in any negative direction by Walt Whitman."

[78] Kelts, Scythians, Dorians, Tartars, Normans.

[79] It ought to be borne in mind that they are by no means invariably

complicated with abnormal sexuality, but quite as often with normal

sexuality in some extravagant shape, as well as with other kinds of

moral aberration.

[80] It may not be superfluous to recapitulate the main points of

English legislation on this topic. (1) Sodomy is a felony, defined as

the carnal knowledge (per anum) of any man or of any woman by a male

person; punishable with penal servitude for life as a maximum, for ten

years as a minimum. (2) The attempt to commit sodomy is punishable with

ten years' penal servitude as a maximum. (3) The commission, in public

or private, by any male person with another male person, of "any act of

gross indecency," is punishable with two years' imprisonment and hard

labour."

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