IMMORALITY AND THE LAW

In Germany, and more especially in Prussia, which now dominates German opinion, a very different tendency prevails. The German feels nothing of that sensitive jealousy with which the French seek to guard private life and the rights of the individual. He tolerates a police system which, as Fuld has pointed out, is the most military police system in the world, and he makes little complaint of the indiscriminating thoroughness, even harshness, with which it exercises its functions. "The North German," as a German lawyer puts it, "gazes with sacred respect on every State authority, and on every official, especially on executive and police functionaries; he complacently accepts police inquisition into his private life, and the regulation of his behaviour by law and police affects his impulse of freedom in a relatively slight manner. Hence the law-maker's interference with his private life seems to him a customary and not too injurious encroachment on his individuality."⁷ It thus comes about that a great many acts, of for the most part unquestioned immoral character—such as incest, the procuring of women for immoral purposes, and acts of a homosexual character—which, when adults are alone concerned, the French leave to be dealt with by the social reaction, are in Germany directly dealt with by the law. These things and the like are viewed in France with fully as much detestation as in Germany, but while the German considers that that detestation is itself a reason for inflicting a legal penalty on the detested act, the Frenchman considers that to inflict a punishment upon such acts by law is an inadmissible interference of the State in private affairs, and an unnecessary interference since the social reaction is quite adequate. In Germany, Dr. Wilhelm points out, a man who allows his daughter's fiancé to stay overnight in his house with her is liable to be dragged before the police court and sent to prison for procuring immorality;⁸ to a Frenchman this is a shocking and inconceivable insult to private rights.⁹ So also with the German legal attitude towards sexual inversion.