ld in which restrictive eugenics would
think of interfering, where it encounters so much danger as here--danger
of wronging both the individual and society. Laws such as have been
passed in several states, providing for the sterilization of criminals
_as such,_ must be deplored by the eugenist as much as they are by the
pseudo-sociologist who "does not believe in heredity"; but this is not
saying that there are not many cases in which eugenic action is
desirable; for inheritance of a lack of emotional control makes a man
in one sense a "born criminal."[83] He is not, in most respects, the
creature which he was made out to be by Lombroso and his followers; but
he exists, nevertheless, and no ameliorative treatment given him will be
of such value to society as preventing his reproduction.
The feeble-minded who make up a large proportion of the petty criminals
that fill the jails, must, of course, be excluded from this discussion
except to note that their conviction assists in discovering their
defect. They should be treated as feeble-minded, not as criminals.[84]
Those who may have been made criminals by society, by their environment,
must also be excepted. In an investigation, the benefit of the doubt
should be given to the individual. But when every possible concession is
made to the influence of environment, the psychiatric study of the
individual and the investigation of his family history still show that
there are criminals who congenitally lack the inhibitions and instincts
which make it possible for others to be useful members of society.[85]
When a criminal of this natural type is found, the duty of society is
unquestionably to protect itself by cutting off that line of descent.
This, we believe, covers all the classes which are at this time proper
subjects for direct restrictive action with eugenic intent; and we
repeat that the problem is not to deal with classes as a whole, but to
deal with individuals of the kind described, for the sake of
convenience, in the above categories. Artificial class names mean
nothing to evolution. It would be a crime to cut off the posterity of a
desirable member of society merely because he happened to have been
popularly stigmatized by some class name that carried opprobrium with
it. Similarly it would be immoral to encourage or permit the
reproduction of a manifestly defective member of society of the kinds
indicated, even though that individual might in some way have secured
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