So long as jurists and legislators will not study either psychology or psychiatry, and will not submit all habitual criminals and all dangerous men to an expert examination, all serious reform in this domain will remain impossible. To improve the present state of affairs a common understanding between jurists and alienists is urgent; but this can only be attained by jurists making a study of psychology, and a kind of practical clinic among imprisoned criminals. How can one judge and condemn one's neighbor without having the least idea of the state of mind of these pariahs of society? All the jurists who have the welfare of humanity at heart, should support the international union of penal law, and the efforts of men like Professor Franz von Liszt, Gaukler of Caen, and many other courageous reformers.[8]
It is needless to say that it is not sufficient to combat the excesses of criminal and dangerous individuals, such as sadists, for example, by placing them under supervision and preventing them doing harm. It is also necessary to attack the cause of the evil by preventing their germs from being reproduced, degenerated as they usually are by the blastophthoria of their alcoholic parents (vide Chapter I). The first question, which is purely legal and administrative, does not concern us here; but I may be allowed to say a few words on the second.
Zealous and advanced reformers have proposed castration in such cases, which has provoked a general cry of indignation. This has been discussed in certain American states. The hyperæsthetic sentiment of our modern civilization cannot tolerate such ideas, while ancient races such as the Islamites provided, and still provide eunuchs as servants, who are free from danger for their wives, and think little of hanging or decapitating men who cause them any trouble. In the same way, we are dumb and impassive before the butcheries of war, because they are fashionable, especially when we do not come in contact with them. The Pope himself formerly procured eunuchs in order to have soprano voices in his church, and did not hesitate to castrate young boys for this purpose. The times change and we change with them!
For some years, however, castration has been employed as a remedy for certain disorders both in men and women, especially for hysteria in women. I admit here that, in an asylum which I superintend, I have castrated a veritable monster afflicted with constitutional mental disorders, taking advantage of the fact that he himself requested this operation to relieve him of pain in his seminal vesicles, but with the chief object of preventing the production of unfortunate children tainted with his hereditary complaint.
Many years ago I also castrated a young hysterical girl of fourteen, whose mother and grandmother were both prostitutes, and who had already begun to have intercourse with all the urchins in the street. Here again, I frankly admit that the hysterical troubles of the patient served me as an excuse to prevent this unfortunate girl from reproducing beings who would probably resemble her. I am of opinion that castration, or some more benign operation, such as dislocation of the Fallopian tubes in women (which renders them sterile without destroying the ovaries, or even attenuating the sexual appetite) should be performed in order to prevent the reproduction of the most deplorable and most dangerous beings.
Among certain individuals, such as sadists, whose sexual appetite is dangerous in itself, castration would be necessary. In my opinion, the more benign operations are indicated in all individuals whose psychopathological condition in this domain is such that they are absolutely incapable of resisting their impulses, or of understanding the dictates of reason. By this means they could go free instead of being incarcerated in asylums.
On the other hand, I must emphasize the fact that such measures, the personal consequences of which are so serious, should only be taken in the case of absolutely dangerous, incurable individuals, concerning whose pathological state there can be no doubt. I also believe that these individuals, especially those with sexual abnormalities, would very often consent to the operation, as was the case with my two patients.
It would be a great advance if civil legislation would in such cases accord official recognition to castration or dislocation of the tubes, with the consent of the criminal or patient concerned. At present, our laws and regulations are such that a psychopathological monster cannot even be castrated when he wishes it, because medical men refuse to undertake such an operation without a positive medical indication of the usual kind, and because there is no legal protection; yet, when done in time, castration would often save sadists and other dangerous perverts from a criminal life, and society from their crimes and those of their offspring.
When it is only a question of avoiding the procreation of tainted children, it would be sufficient to instruct reasonable people in the methods of avoiding conception (vide Chapter XIV).
It is important to bear in mind that modern legislation on marriage often flavors the reproduction of criminals, lunatics and invalids, while it hinders the production of healthy children by men who are intelligent, honest and robust. When an abnormal or unhealthy man is married, his wife is obliged to submit to the conception of tainted children. On the other hand, when a strong, healthy and intelligent girl is in a situation, it often happens that everything is done to prevent her marrying, so as not to lose her services; the more conscientious she is and the more attached to her masters, the more often is this likely to occur.