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, Chopin, Poe, Schumann, Nietzsche, Comte, Guy de Maupassant,--and how many others? But such considerations should not lead us into error of concluding that such men were geniuses merely because they were pathological specimens, and that the only way to produce a genius is to breed disease and defect. It only emphasizes the dangers of external standards of "fit" and "unfit." These limitations are more strikingly shown in the types of so-called "eugenic" legislation passed or proposed by certain enthusiasts. Regulation, compulsion and prohibitions affected and enacted by political bodies are the surest methods of driving the whole problem under-ground. As Havelock Ellis has pointed out, the absurdity and even hopelessness of effecting Eugenic improvement by placing on the statute books prohibitions of legal matrimony to certain classes of people, reveal the weakness of those Eugenists who minimize or undervalue the importance of environment as a determining factor. They affirm that heredity is everything and environment nothing, yet forget that it is precisely those who are most universally subject to bad environment who procreate most copiously, most recklessly and most disastrously. Such marriage laws are based for the most part on the infantile assumption that procreation is absolutely dependent upon the marriage ceremony, an assumption usually coupled with the complementary one that the only purpose in marriage is procreation. Yet it is a fact so obvious that it is hardly worth stating that the most fertile classes who indulge in the most dysgenic type of procreating--the feeble-minded--are almost totally unaffected by marriage laws and marriage-ceremonies. As for the sterilization of habitual criminals, not merely must we know more of heredity and genetics in general, but also acquire more certainty of the justice of our laws and the honesty of their administration before we can make rulings of fitness or unfitness merely upon the basis of a respect for law. On this point the eminent William Bateson writes:(6) "Criminals are often feeble-minded, but as regards those that are not, the fact that a man is for the purposes of Society classified as a criminal, tells me little as to his value, still less as to the possible value of his offspring. It is a fault inherent in criminal jurisprudence, based on non-biological data, that the law must needs take the nature of the offenses rather than that of the offenders as t
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