If it is impossible to guard the community by statute against the

central evil of prostitution, still more hopeless is it to attempt the

legal suppression of all the multitudinous minor provocations of the

sexual impulse offered by civilization. Let it be assumed that only by

such suppression, and not by frankly meeting and fighting temptations,

can character be formed, yet it would be absolutely impossible to

suppress more than a fraction of the things that would need to be

suppressed. "There is almost no feature, article of dress, attitude,

act," Dr. Stanley Hall has truly remarked, "or even animal, or perhaps

object in nature, that may not have to some morbid soul specialized

erogenic and erethic power." If, therefore, we wish to suppress the

sexually suggestive and the possibly obscene we are bound to suppress

the whole world, beginning with the human race, for if we once enter on

that path there is no definite point at which we can logically stop. The

truth is, as Mr. Theodore Schroeder has so repeatedly insisted,[217] that

"obscenity" is subjective; it cannot reside in an object, but only in

the impure mind which is influenced by the object. In this matter Mr.

Schroeder is simply the follower, at an interval, of St. Paul. We must

work not on the object, but on the impure mind affected by the object.

If the impure heart is not suppressed it is useless to suppress the

impure object, while if the heart is renewed the whole task is achieved.

Certainly there are books, pictures, and other things in life so unclean

that they can never be pure even to the purest, but these things by

their loathsomeness are harmless to all healthy minds; they can only

corrupt minds which are corrupt already. Unfortunately, when ignorant

police officials and custom-house officers are entrusted with the task

of searching for the obscene, it is not to these things that their

attention is exclusively directed. Such persons, it seems, cannot

distinguish between these things and the noblest productions of human

art and intellect, and the law has proved powerless to set them right;

in all civilized countries the list is indeed formidable of the splendid

and inspiring productions, from the Bible downwards, which officials or

the law courts have been pleased to declare "obscene." So that while the

task of moralizing the community by force must absolutely fail of its

object, it may at the same time suffice to effect much mischief.

It is one of the ironies of history that the passion for extinguishing

immorality by law and administration should have arisen in what used to

be called Christendom. For Christianity is precisely the most brilliant

proof the world has ever seen of the truth that immorality cannot so be

suppressed. From the standpoint of classic Rome Christianity was an

aggressive attack on Roman morality from every side. It was not so only

in appearance, but in reality, as modern historians fully recognize.[218]

Merely as a new religion Christianity would have been received with calm

indifference, even with a certain welcome, as other new religions were

received. But Christianity denied the supremacy of the State, carried on

an anti-military propaganda in the army, openly flouted established

social conventions, loosened family life, preached and practised

asceticism to an age that was already painfully aware that, above all

things, it needed men. The fatal though doubtless inevitable step was

taken of attempting to suppress the potent poison of this manifold

immorality by force. The triumph of Christianity was largely due to the

fine qualities which were brought out by that annealing process, and the

splendid prestige which the process itself assured. Yet the method of

warfare which it had so brilliantly proved to be worthless was speedily

adopted by Christianity itself, and is even yet, at intervals,

spasmodically applied.

That these attempts should have such results as we see is not surprising

when we remember that even movements, at the outset, mainly inspired by

moral energy, rather than by faith in moral legislation, when that

energy becomes reckless, violent and intolerant, lead in the end to

results altogether opposed to the aims of those who initiated them. It

was thus that Luther has permanently fortified the position of the Popes

whom he assailed, and that the Reformation produced the

Counter-Reformation, a movement as formidable and as enduring as that

which it countered. When Luther appeared all that was rigid and inhuman

in the Church was slowly dissolving, certainly not without an inevitable

sediment of immorality, yet the solution was in the highest degree

favourable to the development of the freer and larger conceptions of

life, the expansion of science and art and philosophy, which at that

moment was pre-eminently necessary for the progress of civilisation,

and, indirectly, therefore, for the progress of morals.[219] The violence

of the Reformation not only resulted in a new tyranny for its own

adherents--calling in turn for fresh reformations by Puritans, Quakers,

Deists, and Freethinkers--but it re-established, and even to-day

continues to support, that very tyranny of the old Church against which

it was a protest.

When we try to regulate the morals of men on the same uniform pattern we

have to remember that we are touching the most subtle, intimate, and

incalculable springs of action. It is useless to apply the crude methods

of "suppression" and "annihilation" to these complex and indestructible

forces. When Charles V retired in weariness from the greatest throne in

the world to the solitude of the monastery at Yuste, he occupied his

leisure for some weeks in trying to regulate two clocks. It proved very

difficult. One day, it is recorded, he turned to his assistant and said:

"To think that I attempted to force the reason and conscience of

thousands of men into one mould, and I cannot make two clocks agree!"

Wisdom comes to the rulers of men, sometimes, usually when they have

ceased to be rulers. It comes to the moral legislators not otherwise

than it comes to the immoral persons they legislate against. "I act

first," the French thief said; "then I think."

It seems to some people almost a paradox to assert that immorality

should not be encountered by physical force. The same people would

willingly admit that it is hopeless to rout a modern army with bows and

arrows, even with the support of a fanfare of trumpets. Yet that

metaphor, as we have seen, altogether fails to represent the inadequacy

of law in the face of immorality. We are concerned with a method of

fighting which is not merely inadequate, but, as has been demonstrated

many times during the last two thousand years, actually fortifies and

even dignifies the foe it professes to attack. But the failure of

physical force to suppress the spiritual evil of immorality by no means

indicates that a like failure would attend the more rational tactics of

opposing a spiritual force by spiritual force. The virility of our

morals is not proved by any weak attempt to call in the aid of the

secular arm of law or the ecclesiastical arm of theology. If a morality

cannot by its own proper virtue hold its opposing immorality in check

then there is something wrong with that morality. It runs the risk of

encountering a fresh and more vigorous movement of morality. Men begin

to think that, if not the whole truth, there is yet a real element of

truth in the assertion of Nietzsche: "We believe that severity,

violence, slavery, danger in the street and in the heart, secrecy,

stoicism, tempter's art and devilry of every kind, everything wicked,

tyrannical, predatory and serpentine in man, serves as well for the

elevation of the human species as its opposite."[220] To ignore altogether

the affirmation of that opposing morality, it may be, would be to breed

a race of weaklings, fatally doomed to succumb helplessly to the first

breath of temptation.

Although we are passing through a wave of moral legislation, there are

yet indications that a sounder movement is coming into action. The

demand for the teaching of sexual hygiene which parents, teachers, and

physicians in Germany, the United States and elsewhere, are now striving

to formulate and to supply will, if it is wisely carried out, effect far

more for public morals than all the legislation in the world.

Inconsistently enough, some of those who clamour for moral legislation

also advocate the teaching of sexual hygiene. But there is no room for

compromise or combination here. A training in sexual hygiene has no

meaning if it is not a training, for men and women alike, in personal

and social responsibility, in the right to know and to discriminate,

and in so doing to attain self-conquest. A generation thus trained to

self-respect and to respect for others has no use for a web of official

regulations to protect its feeble and cloistered virtues from possible

visions of evil, and an army of police to conduct it homewards at 9 p.m.

Nor, on the other hand, can any reliable sense of social responsibility

ever be developed in such an unwholesome atmosphere of petty moral

officialdom. The two methods of moralization are radically antagonistic.

There can be no doubt which of them we ought to pursue if we really

desire to breed a firmly-fibred, clean-minded, and self-reliant race of

manly men and womanly women.

FOOTNOTES:

[191] Westermarck, _Origin and Development of the Moral Ideas_, Vol. I, p.

160; see also chapter on sexual morality in Havelock Ellis, _Studies in

the Psychology of Sex_, Vol. VI, "Sex in Relation to Society," chap. IX.

[192] It must be remembered that in medieval days not only adultery but

the smallest infraction of what the Church regarded as morality could be

punished in the Archdeacon's court; this continued to be the case in

England even after the Reformation. See Archdeacon W.W. Hales'

interesting work, _Precedents and Proceedings in Criminal Causes_

(1847), which is, as the author states, "a History of the Moral Police

of the Church."

[193] _The Social Evil in New York City_, p. 100.

[194] This has been emphasized in an able and lucid discussion of this

question by Dr. Hans Hagen, "Sittliche Werturteile," _Mutterschutz_,

Heft I and II, 1906. Such recognition of popular morals, he justly

remarks, is needed not only for the sake of the people, but for the sake

of law itself.

[195] Grabowsky, in criticizing Hiller's book, _Das Recht über sich Selbst_

(_Archiv für Kriminalanthropologie und Kriminalistik_, Bd. 36, 1809),

argues that in some cases immorality injures rights which need legal

protection, but he admits it is difficult to decide when this is the

case. He does not think that the law should interfere with homosexuality

in adults, but he does consider it should interfere with incest, on the

ground that in-breeding is not good for the race. But it is the view of

most authorities nowadays that in-breeding is only injurious to the race

in the case of an unsound stock, when the defect being in both partners

of the same kind would probably be intensified by heredity.

[196] The occurrence of, for instance, incestuous, bestial, and homosexual

acts--which are generally abhorrent, but not necessarily

anti-social--makes it necessary to exercise some caution here.

[197] I quote from a valuable and interesting study by Dr. Eugen Wilhelm,

"Die Volkspsychologischen Unterschiede in der französischen und

deustchen Sittlichkeits-Gesetzgebung und Rechtsprechung,"

_Sexual-Probleme_, October, 1911. It may be added that in Switzerland,

also, the tyranny of the police is carried to an extreme. Edith Sellers

gives some extraordinary examples, _Cornhill_, August, 1910.

[198] The absurdities and injustice of the German law, and its

interference with purely private interests in these matters, have often

been pointed out, as by Dr. Kurt Hiller ("Ist Kuppelei Strafwürdig?"

_Die Neue Generation_, November, 1910). As to what is possible under

German law by judicial decision since 1882, Hagen takes the case of a

widow who has living with her a daughter, aged twenty-five or thirty,

engaged to marry an artisan now living at a distance for the sake of his

work; he comes to see her when he can; she is already pregnant; they

will marry soon; one evening, with the consent of the widow, who looks

on the couple as practically married, he stays over-night, sharing his

betrothed's room, the only room available. Result: the old woman becomes

liable to four years' penal servitude, a fine of six thousand marks,

loss of civil rights, and police supervision.

[199] In another respect the French code carries private rights to an

excess by forbidding the unmarried mother to make any claim on the

father of her child. In most countries such a prohibition is regarded as

unreasonable and unjust. There is even a tendency (as by a recent Dutch

law) to compel the father to provide for his illegitimate child not on

the scale of the mother's social position but on the scale of his own

social position. This is, possibly, an undue assertion of the

superiority of man.

[200] The same point has lately been illustrated in Holland, where a

recent modification in the law is held to press harshly on homosexual

persons. At once a vigorous propaganda on behalf of the homosexual has

sprung into existence. We see here the difference between moral

enactments and criminal enactments. Supposing that a change in the law

had placed, for instance, increased difficulties in the way of burglary.

We should not witness any outburst of literary activity on behalf of

burglars, because the community, as a whole, is thoroughly convinced

that burglary ought to be penalized.

[201] Apart from the attitude towards immorality, we have an illustration

of the peculiarly English tendency to unite religious fervour with

individualism in Quakerism. In no other European country has any similar

movement--that is, a popular movement of individualistic mysticism--ever

appeared on the same scale.

[202] E.F. Fuld, Ph.D., _Police Administration_, 1909.

[203] Ex-Police Commissioner Bingham, of New York, estimated (_Hampton's

Magazine_, September, 1909) that "fifteen per cent. or from 1500 to 2000

members of the police force are unscrupulous 'grafters' whose hands are

always out for easy money." See also Report of the Committee of Fourteen

on _The Social Evil in New York City_, p. 34.

[204] Fuld, _op. cit._, pp. 373 _et seq._ This last opinion by no means

stands alone. Thus it is asserted by the Committee of Fourteen in their

Report on The _Social Evil in New York City_ (1910, p. xxxiv) that "some

laws exist to-day because an unintelligent, cowardly public puts

unenforceable statutes on the book, being content with registering their

hypocrisy."

[205] It is also a blundering policy. Its blind anathema is as likely as

not to fall on its own allies. Thus the Report of the municipally

appointed and municipally financed Vice Commission of Chicago is not

only an official but a highly moral document, advocating increased

suppression of immoral literature, and erring, if it errs, on the side

of over-severity. It has been suppressed by the United States Post

Office!

[206] This system applies only to spirits, not to beer and wine, but it

has proved very effective in diminishing drunkenness, as is admitted by

those who are opposed to the system. A somewhat similar system exists in

England under the name of the Trust system, but its extension appears

unfortunately to be much impeded by English laws and customs.

[207] Jacques Bertillon, in a paper read to the Académie des Sciences

Morales et Politiques, 30th September, 1911.

[208] During the present century a great wave of immorality and sexual

crime has been passing over Russia. This is not attributable to the

laws, old or new, but is due in part to the Russo-Japanese War, and in

part to the relaxed tension consequent on the collapse of the movement

for political reform. (See an article by Professor Asnurof, "La Crise

Sexuelle en Russie," _Archives d'Anthropologie Criminelle_, April,

1911.)

[209] It was by this indirect influence that I was induced to write the

present chapter. The editor of a prominent German review wrote to me for

my opinion regarding a Bill dealing with the prevention of immorality

which had been introduced into the English Parliament and had aroused

much interest and anxiety in Germany, where it had been discussed in all

its details. But I had never so much as heard of the Bill, nor could I

find any one else who had heard of it, until I consulted a Member of

Parliament who happened to have been instrumental in causing its

rejection.

[210] J. Schrank, _Die Prostitution in Wien_, Bd. I, pp. 152-206.

[211] The history of this movement in Germany may be followed in the

_Vierteljahrsberichte des Wissenschaftlich-humanitären Komitees_, edited

by Dr. Magnus Hirschfeld, a great authority on the matter.

[212] Report on _The Social Evil in New York City_, p. 38; see also Rev

Dr. J.P. Peters, "Suppression of the 'Raines Law Hotels,'" _American

Academy of Political and Social Science_, November, 1908.

[213] It is probably needless to add that the specific object of the

Act--the Puritanic observance of Sunday--was by no means attained. On

Sunday, the 8th December, 1907, the police made a desperate attempt to

enforce the law; every place of amusement was shut up; lectures,

religious concerts, even the social meetings of the Young Men's

Christian Association, were rigorously put a stop to. There was, of

course, great popular indignation and uproar, and the impromptu

performances got up in the streets, while the police looked on

sympathetically, are said to have been far more outrageous than any

entertainment indoors could possibly have been.

[214] _The Social Evil in Chicago_, p. 112.

[215] The methods of Maria Theresa never had any success; the methods of

Calvin at Geneva had, however, a certain superficial success, because

the right conditions existed for their exercise. That is to say, that a

theocratic basis of society was generally accepted, and that the

suppression of immorality was regarded by the great mass of the

population, including in most cases, no doubt, even the offenders

themselves, as a religious duty. It is, however, interesting to note

that, even at Geneva, these "triumphs of morality" have met the usual

fate. At the present day, it appears (Edith Sellers, _Cornhill_, August,

1910), there are more disorderly houses in Geneva, in proportion to the

population, than in any other town in Europe.

[216] See e.g. P. Hausmeister, "Zur Analyse der Prostitution," _Geschlect

und Gesellschaft_, 1907, p. 294.

[217] Theodore Schroeder, _"Obscene" Literature and Constitutional Law_,

New York, 1911.

[218] Thus Sir Samuel Dill (_Roman Society_, p. 11) calls attention to the

letter of St. Paulinus who, when the Empire was threatened by

barbarians, wrote to a Roman soldier that Christianity is incompatible

with family life, with citizenship, with patriotism, and that soldiers

are doomed to eternal torment. Christians frequently showed no respect

for law or its representatives. "Many Christian confessors," says Sir

W.M. Ramsay (_The Church in the Roman Empire_, chap. xv), "went to

extremes in showing their contempt and hatred for their judges. Their

answers to plain questions were evasive and indirect; they lectured

Roman dignitaries as if the latter were the criminals and they

themselves the judges; and they even used violent reproaches and coarse,

insulting gestures." Bouché-Leclercq (_L'Intolérance Religieuse et le

Politique_, 1911, especially chap. X) shows how the early Christians

insisted on being persecuted. We see much the same attitude to-day among

anarchists of the lower class (and also, it may be added, sometimes

among suffragettes), who may be regarded as the modern analogues of the

early Christians.

[219] It may well be, indeed, that in all ages the actual sum of

immorality, broadly considered--in public and in private, in thought and

in act--undergoes but slight oscillations. But in the nature of its

manifestations and in the nature of the manifestations that accompany

it, there may be immense fluctuations. Tarde, the distinguished thinker,

referring to the "delicious Catholicism" of the days before Luther,

asks: "If that amiable Christian evolution had peacefully continued to

our days, should we be still more immoral than we are? It is doubtful,

but in all probability we should be enjoying the most æsthetic and the

least vexatious religion in the world, in which all our science, all our

civilization, would have been free to progress" (Tarde, _La Logique

Sociale_, p. 198). As has often been pointed out, it was along the lines

indicated by Erasmus, rather than along the lines pursued by Luther,

that the progress of civilization lay.

[220] Nietzsche, _Beyond Good and Evil_, chap. II. A century earlier

Godwin had written in his _Political Justice_ (Book VII, chap. VIII):

"Men are weak at present because they have always been told they are

weak and must not be trusted with themselves. Take them out of their

shackles, bid them enquire, reason, and judge, and you will soon find

them very different beings. Tell them that they have passions, are

occasionally hasty, intemperate, and injurious, but that they must be

trusted with themselves. Tell them that the mountains of parchment in

which they have been hitherto entrenched, are fit only to impose upon

ages of superstition and ignorance, that henceforth we will have no

dependence but upon their spontaneous justice; that, if their passions

be gigantic, they must rise with gigantic energy to subdue them; that if

their decrees be iniquitous, the iniquity shall be all their own."

X

THE WAR AGAINST WAR

Why the Problem of War is specially urgent To-day--The Beneficial

Effects of War in Barbarous Ages--Civilization renders the Ultimate

Disappearance of War Inevitable--The Introduction of Law in

disputes between Individuals involves the Introduction of Law in

disputes between Nations--But there must be Force behind Law--Henry

IV's Attempt to Confederate Europe--Every International Tribunal of

Arbitration must be able to enforce its Decisions--The Influences

making for the Abolition of Warfare--(1) Growth of International

Opinion--(2) International Financial Development--(3) The

Decreasing Pressure of Population--(4) The Natural Exhaustion of

the Warlike Spirit--(5) The Spread of Anti-military Doctrines--(6)

The overgrowth of Armaments--(7) The Dominance of Social

Reform--War Incompatible with an Advanced Civilization--Nations as

Trustees for Humanity--The Impossibility of Disarmament--The

Necessity of Force to ensure Peace--The Federated State of the

Future--The Decay of War still leaves the Possibilities of Daring

and Heroism.

There are, no doubt, special reasons why at the present time war and the

armaments of war should appear an intolerable burden which must be

thrown off as soon as possible if the task of social hygiene is not to

be seriously impeded. But the abolition of the ancient method of

settling international disputes by warfare is not a problem which

depends for its solution on the conditions of the moment. It is implicit

in the natural development of the process of civilization. At one stage,

no doubt, warfare plays an important part in constituting states and so,

indirectly, in promoting civilization. But civilization tends slowly

but surely to substitute for war in the later stages of this process the

methods of law, or, in any case, methods which, while not always

unobjectionable, avoid the necessity for any breach of the peace.[221] As

soon, indeed, as in primitive society two individuals engage in a

dispute which they are compelled to settle not by physical force but by

a resort to an impartial tribunal, the thin end of the wedge is

introduced, and the ultimate destruction of war becomes merely a matter

of time. If it is unreasonable for two individuals to fight it is

unreasonable for two groups of individuals to fight.[222]

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