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Table of Contents

Immorality and the Law

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. The German method of dragging private scandals into the glare of day and investigating them at interminable length in the law courts is a perpetual source of astonishment to Frenchmen. They point out that not only does this method defeat its own end by concentrating attention on the abnormal practices it attacks, but it adds dignity to them; a certain small section of the community justifies and upholds these practices, but while in France this section has no reason to come prominently before the public since it has no grievances demanding redress, in Germany the existence of a cause to advocate in the name of justice has produced a serious and imposing body of literature which has no parallel in France.

10 Thus, as Wilhelm points out, we find exactly opposite methods adopted in Germany and France to obtain the same ends:

"In Germany, punishment on account of alleged injury to general interests; in France absence of punishment in order to avoid injury to general interests; in Germany the police baton is called for in order to ward off threatened injury, while in France it is feared that the use of the police baton will itself cause the injury."

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