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nydus/The Task of Social HygienePublic
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Table of Contents

IMMORALITY AND THE LAW

nowhere in the world is there so great an anxiety to place the moral regulation of social affairs in the hands of the police; nowhere are the police more incapable of carrying out such regulation.

When we thus bear in mind the historical aspect of the matter we can understand how it has come about that the individualistic idealist in America has been much more resolute than in England to effect reforms, much more

determined that they shall be very thorough and extreme reforms, and, especially, much more eager to embody his moral aspirations in legal statutes. But his tasks are bigger than in England, because of the vast, unstable, heterogeneous and crude population he has to deal with, and because, at the same time, he has no firmly established centralized and reliable police instrument whereby to effect his reforms. The fiery American moral idealist is determined to set out for the Kingdom of Heaven at once, but every steed he mounts proves broken-winded, and speedily drops down by the wayside. Don Quixote sets the lance at rest and digs his spurs into Rosinante's flanks, but he fails to realize that, in our modern world, he will never bear him anywhere near the foe.

If we wish to see a totally different national method of regarding immorality we may turn to Russia. Here also we find idealism at work, but it is not the same kind of idealism, since, far from desiring to express itself by force, its essential basis is an absolute disbelief in force. Russia, like France, has inherited from an ancient ecclesiastical domination an extremely severe code of regulations against immorality and all sexual aberrations, but, unlike France, it has not cast them off in order to mould the laws in accordance with national temperament. The essence of the Russian attitude in these matters is a sympathy with the individual which is stronger than any antipathy aroused by his immoral acts; his act is a misfortune rather than a sin or a crime. We may observe this attitude in the kindly and helpful fashion in which the Russian assists along the streets his fellow-man who has

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