hygiene has no
meaning if it is not a training, for men and women alike, in personal
and social responsibility, in the right to know and to discriminate,
and in so doing to attain self-conquest. A generation thus trained to
self-respect and to respect for others has no use for a web of official
regulations to protect its feeble and cloistered virtues from possible
visions of evil, and an army of police to conduct it homewards at 9 p.m.
Nor, on the other hand, can any reliable sense of social responsibility
ever be developed in such an unwholesome atmosphere of petty moral
officialdom. The two methods of moralization are radically antagonistic.
There can be no doubt which of them we ought to pursue if we really
desire to breed a firmly-fibred, clean-minded, and self-reliant race of
manly men and womanly women.

FOOTNOTES:

[191] Westermarck, _Origin and Development of the Moral Ideas_, Vol. I, p.
160; see also chapter on sexual morality in Havelock Ellis, _Studies in
the Psychology of Sex_, Vol. VI, "Sex in Relation to Society," chap. IX.

[192] It must be remembered that in medieval days not only adultery but
the smallest infraction of what the Church regarded as morality could be
punished in the Archdeacon's court; this continued to be the case in
England even after the Reformation. See Archdeacon W.W. Hales'
interesting work, _Precedents and Proceedings in Criminal Causes_
(1847), which is, as the author states, "a History of the Moral Police
of the Church."

[193] _The Social Evil in New York City_, p. 100.

[194] This has been emphasized in an able and lucid discussion of this
question by Dr. Hans Hagen, "Sittliche Werturteile," _Mutterschutz_,
Heft I and II, 1906. Such recognition of popular morals, he justly
remarks, is needed not only for the sake of the people, but for the sake
of law itself.

[195] Grabowsky, in criticizing Hiller's book, _Das Recht ueber sich Selbst_
(_Archiv fuer Kriminalanthropologie und Kriminalistik_, Bd. 36, 1809),
argues that in some cases immorality injures rights which need legal
protection, but he admits it is difficult to decide when this is the
case. He does not think that the law should interfere with homosexuality
in adults, but he does consider it should interfere with incest, on the
ground that in-breeding is not good for the race. But it is the view of
most authorities nowadays that in-breeding is only injurious to the race
in the case of an unsound stock, when the def