itself, it cannot be made a misdemeanor
without opening the door too widely to complete arbitrariness. The
State cannot prevent a responsible adult from disposing of his own
body, without introducing religion and metaphysics into legislation;
but the State can require those who practice prostitution not to
molest the public. It has, therefore, the right to punish solicitation
in the streets by fine or imprisonment, especially in often repeated
offenses. It can also give persons of both sexes, who are victims of
venereal disease, the right of claiming damages by civil law. The
legality of this right of indemnity has been much contested. In my
opinion it is legitimate when the State no longer tolerates or
regulates prostitution; but so long as it does this, and submits
prostitutes to obligatory medical treatment, the States takes the
responsibility of their health. Under the regime of regulation, an
infected person could logically claim damages from the State, or, at
any rate from the pimps of licensed proxenetism.

The question of responsibility is quite different when prostitution is
free. The sexual intercourse of a free prostitute with a man may be
regarded as a private contract in which each party has the same rights
and obligations. If one of the two contractors deceives the other by
concealing venereal disease, the latter has the right to claim
damages, if there is sufficient proof of infection from this source.

The right of indemnity does not, however, constitute the principal
point. In order to successfully combat prostitution and venereal
disease, fundamental social reforms are necessary.

(1). First of all the system of exploitation of the poor by the rich
should be put an end to, the work of the poor being remunerated at
its true value. This requires a social transformation of the relations
between capital and labor.

(2). The use of narcotics, and especially alcohol, should be
suppressed.

(3). The false modesty concerning sexual intercourse should be done
away with.

(4). The public should be instructed in the dangers of venereal
disease and in the means of preventing contamination. The only certain
means of curing them consists in not contracting them.

(5). Cleanliness should be universally encouraged, especially in
sexual intercourse.

(6). Preventive measures should be employed in every coitus, the
object of which is not procreation.

(7). The treatment of venereal diseases in hospitals sho