Not only, indeed, have we to recognize the existence of these clearly marked and profound differences in legislative reaction to immorality. We have also to realize that at different periods there are general movements, to some extent overpassing national bounds, of rise and of fall in this reaction.
A sudden impulse seizes on a community, and spreads to other communities, to attempt to suppress some form of immorality by law. Such attempts, as we know, have always ended in failure or worse than failure, for laws against immorality are either not carried out, or, if they are carried out, it is at once realized that new evils are created worse than the original evils, and the laws speedily fall into abeyance or are repealed. That has been repeatedly seen, and is well illustrated by the history of prostitution, a sexual manifestation which for two thousand years all sorts of persons in authority have sought to suppress off-hand by law or by administrative fiat. From the time when Christianity gained full political power, prostitution has again and again been prohibited, under the severest penalties, but always in vain. The mightiest emperors—Theodosius, Valentinian, Justinian, Karl the Great, St. Louis, Frederick Barbarossa—all had occasion to discover that might was here in vain, and worse than in vain, that they could not always obey their own moral ordinances, still less coerce their subjects into doing so, and that even so far as, on the surface, they were successful they produced results more pernicious than the evils they sought to suppress. The best known and one of the most vigorous of these attempts was that of the Empress Maria Theresa in Vienna; but all the cruelty and injustice of that energetic effort, and all the stringent, ridiculous, and brutal regulations it involved—its prohibition of short dresses, its inspection of billiard-rooms, its handcuffing of waitresses, its whippings and its tortures—proved useless and worse than useless, and were soon quietly dropped.20 No more fortunate were more recent municipal attempts in England and America (Portsmouth, Pittsburgh, New York, etc.) to