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Table of Contents

Immorality and the Law

homosexuality are relaxed or abolished, homosexuality becomes, not perhaps less prevalent (in so far as it is a congenital anomaly we cannot expect its prevalence to be influenced by law), but certainly less conspicuous and ostentatious. In France, under the Bourbons, the sexual invert was a sacrilegious criminal who could legally be burnt at the stake, but homosexuality flourished openly in the highest circles, and some of the kings were themselves notoriously inverted. Since the Code Napoléon was introduced homosexual acts, per se, have never been an offence, yet instead of flourishing more vigorously, homosexuality has so far receded into the background that some observers regard it as very rare in France. In Germany and England, on the other hand, where the antiquated laws against this perversion still prevail, homosexuality is extremely prominent, and its right to exist is vigorously championed. The law cannot suppress these impulses and passions; it can only sting them into active rebellion.

But although it has invariably been seen that all attempts to make men moral by law are doomed to disappointment, spasmodic attempts to do so are continually being made afresh. No doubt those who make these attempts are but a small minority, people whose good intentions are not accompanied by knowledge either of history or of the world. But though a minority they can often gain a free field for their activities. The reason is plain. No public man likes to take up a position which his enemies may interpret as favourable to vice and probably due to an anxiety to secure legal opportunities for his own enjoyment of vice. This consideration especially applies to professional politicians. A Member of Parliament, who must cultivate an immaculately pure

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