ect being in both partners
of the same kind would probably be intensified by heredity.

[196] 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.

[197] I quote from a valuable and interesting study by Dr. Eugen Wilhelm,
"Die Volkspsychologischen Unterschiede in der franzoesischen 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.

[198] 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 Strafwuerdig?"
_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.

[199] 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 child. In most countries such a prohibition is regarded as
unreasonable and unjust. There is even a tendency (as by a recent Dutch
law) to compel the father to provide for his illegitimate child not on
the scale of the mother's social position but on the scale of his own
social position. This is, possibly, an undue assertion of the
superiority of man.

[200] The same point has lately been illustrated in Holland, where a
recent modification in the law is held to press harshly on homosexual
persons. At once a vigorous propaganda on behalf of the homosexual has
sprung into existence. We see here the difference between moral
enactments and criminal enactments. Supposing that a change in the law
had placed, for instance, increase