s not
apply to the case in point; for it is here a question, not of one
body, but of two or more (in the case of twins). From the moment of
conception the embryo acquires a social right which merits all the
more protection, the more its possessor is incapable of looking after
it.

=Adultery.=--Adultery, which even at the present day is often
considered as a crime or misdemeanor, should be simply regarded as a
reason for divorce. We have already treated the question with regard
to civil law, and have shown the futility of trying to obtain fidelity
by law. In my opinion, the misdemeanor of adultery should be entirely
abolished from penal law. When it is complicated by fraud or other
crimes, it is the latter only which are concerned.

=Human Selection.=--The indirect danger to which children of bad
heredity are exposed constitutes a grave social evil. At present,
penal law is absolutely impotent in this matter. We have seen what
civil law might perhaps effect, and what is already done in some
countries. In another chapter we shall discuss much more appropriate
measures for improvement in this domain.

We have already mentioned castration and certain cases in which it
might be practiced. These cases will always be very limited, and it is
on the basis of social morality and hygiene of the race that the
question of conception should be regulated in a rational and voluntary
manner. We shall obtain much more in this way than by legal measures,
which are always lame because they interfere with individual liberty.
We must never forget that the law is only a necessary evil, and often
a superfluous one.

In conclusion, I may remark that penal law should be combined, like
civil law, with administrative measures, to protect both the
individual and society in sexual matters, at the same time watching
over the interests of future generations. But it should only do this
as far as the weakness and eroticism of men hinder a similar or better
result from being obtained by moral education, combined with rational
intellectual instruction.

FOOTNOTES:

[8] Vide DELBRUeCK, _Gerichtliche Psychopathologie_ (Job. Ambr. Barth,
Leipzig, 1897).--DELBRUeCK, _Die Pathologische Luege und der pyschisch
abnorme Schwindler_ (Ferdinand Enke, Stuttgart, 1891).--FOREL, _Crime et
anomalies mentales constitutionnelles_ (GENEVE, 1902, H.
Kuendig,).--KOeLLE, _Gerichtlich psychiatrische Gutachten_ (from the
clinic of Professor Forel at Zurich), Stuttgart