The occurrence of, for instance, incestuous, bestial, and homosexual acts—which are generally abhorrent, but not necessarily anti-social—makes it necessary to exercise some caution here.
I quote from a valuable and interesting study by Dr. Eugen Wilhelm, "Die Volkspsychologischen Unterschiede in der französischen und deustchen Sittlichkeits-Gesetzgebung und Rechtsprechung," Sexual-Probleme, October, 1911. It may be added that in Switzerland, also, the tyranny of the police is carried to an extreme. Edith Sellers gives some extraordinary examples, Cornhill, August, 1910.
The absurdities and injustice of the German law, and its interference with purely private interests in these matters, have often been pointed out, as by Dr. Kurt Hiller ("Ist Kuppelei Strafwürdig?" Die Neue Generation, November, 1910). As to what is possible under German law by judicial decision since 1882, Hagen takes the case of a widow who has living with her a daughter, aged twenty-five or thirty, engaged to marry an artisan now living at a distance for the sake of his work; he comes to see her when he can; she is already pregnant; they will marry soon; one evening, with the consent of the widow, who looks on the couple as practically married, he stays over-night, sharing his betrothed's room, the only room available. Result: the old woman becomes liable to four years' penal servitude, a fine of six thousand marks, loss of civil rights, and police supervision.
In another respect the French code carries private rights to an excess by forbidding the unmarried mother to make any claim on the father of her