Here again our legislation is fettered by ignorance and religious dogma. On one hand, immense armies are organized to kill the most healthy men by thousands and tens of thousands, and many more thousands are abandoned to famine, prostitution, alcoholism and exploitation; on the other hand, medicine is expected to employ its whole art and efforts in prolonging life as long as possible and thus martyrizing miserable human wretches, degenerate in body and mind or both, often when they cry out for death!
Large asylums are built for idiots, and there is much joy when after many years of persevering effort some devoted person succeeds in teaching these beings, whose mentality is far inferior to that of a monkey, to repeat a few words like a parrot, to scribble some words on paper, or to repeat a prayer mechanically with their eyes turned toward heaven!
It is difficult to compare these two facts without feeling the bitter irony of what are euphemistically called our hereditary customs. In truth, the nurses and teachers who devote themselves to the education of cretins and idiots would do better to occupy themselves in some manual work; or even leave the idiots to die, and themselves procreate healthy and capable children in their place! But this question does not properly belong to our subject.
The Rights of the Embryo.—A distinction is generally made between artificial abortion practiced in the first months of pregnancy and that induced in the later months. When the child is born viable, the term premature labor is used. When this is induced with the object of getting rid of the child the penalty is much more severe than for abortion, for it is regarded almost as infanticide.
For this reason, and owing to the difficulty of the whole question, a mother should never be given the right to destroy the embryo or child in her womb, excepting in cases where pregnancy has been forced upon her. Each case should be submitted to a medical examination, and a doctor's certificate should be required. This is all the more indicated since our present knowledge makes it easy to prevent pregnancy by anticonceptional measures. Society is, therefore, entitled to demand that a mother who has voluntarily conceived a child has no right to interrupt its development, i.e., to kill it. If, as we hope, we shall eventually obtain more extended rights for women and greater sexual liberty in general, even in marriage, the reasons justifying artificial abortion, apart from medical or hygienic measures, will become more and more rare.
The stigma of shame which is branded on illegitimate maternity unfortunately justifies many cases of abortion and even infanticide. Things ought to change in this respect, and in the future no pregnancy ought to be a source of shame for any healthy woman whatever, nor furnish the least motive for dissimulation.
If the objection is raised that I am inconsistent; that every man, and consequently every woman, should have the power to dispose of their own body on every occasion, and that penal law should therefore take no cognizance of artificial abortion, I reply that this does 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.