The origin of law is in moral conscience, a phylogenetic derivative of the sentiments of sympathy, i.e., sentiments of duty and justice, combined with the idea of the necessity for men to live in societies.
As regards medicine, this owes its existence to the fear of disease, pain and death, which is modified by the acquired experience that certain substances may sometimes ease suffering.
Theology, if separated from morality whose domain it has usurped, lives on mysticism, and endeavors to give it a natural and human appearance by adorning it with sonorous phraseology. Law, losing sight of its origin and object of existence, only concerns itself with comments on the text of laws, and in discussing the application of the articles of the Code. Medicine has concerned itself too much with the life of the patient, instead of the improvement of human life in general.
In order to cure a physical malady, to reëstablish abnormal or damaged functions as far as this is possible, the physician must be acquainted with the vital manifestations of the body in its normal state. For this reason the art of medicine depends on the accessory sciences, chiefly anatomy and physiology. These accessory sciences have considerably developed in the evolution of medicine, and the art of medicine has become the chief motive power which urges men to research and discovery in the biological sciences, such as histology, embryology, comparative anatomy and physiology, anatomy and physiology of the brain, bacteriology, etc. Pure science now occupies such a position in medical studies that the "healing art" often remains in the background; although it must later on take the chief part, and is regarded by the public as of the greatest importance.
The value of the art of medicine is subject to great variations. It is only of real value when, free from all charlatanism, it rests on a sufficiently scientific basis; for the art of an ignoramus falls into error and employs inappropriate methods; on the other hand, the art of a charlatan has for its object the purse of the patient. It is common to meet with physicians who have a good practical experience of art without possessing scientific knowledge, others who have both practical experience and science but are charlatans, others again who are very scientific but incapable in practice. The ideal is a combination of art, science and disinterested honesty; but it is not very uncommon to meet with a combination of ignorance, incapacity and charlatanism. Lastly, too many doctors, otherwise capable and intelligent, are too much influenced by authority, text-books and prejudices, instead of observing and judging each case for themselves in the true scientific spirit. Many dogmas of medical education rest on hypotheses, theories or statements which have no solid foundation, and do not represent the fruits of a true personal experience of human life. Many doctors only see through other people's glasses, without reflecting for themselves; the worst of these are those with "systems," homœopaths, the disciples of natural medicine, etc. It is especially in the sexual question that these human weaknesses of medical practitioners often lead to the most pitiable results.
We must first of all take to heart the fundamental principle of hygiene, which is at the same time that of all honest and sound medicine—prevention is better than cure.
The modern opinions of medical men on the sexual question are still unfortunately greatly obscured by prejudice, authority, and the indirect influence of the doctrines of religious morality. The same applies to the question of alcohol. However, it is to medicine and its accessory sciences that we owe the knowledge which now renders it possible to judge of the sexual relations of man from the true and healthy point of view of social and moral science.
We cannot describe here all the relations of medicine to sexual life. Chapters I, II, III, IV and VIII are entirely based on its results and on those of natural science. What we have still to consider relates especially to sexual hygiene, for we have already treated of pathology in Chapter VIII. I shall reserve the general and social part of hygiene for the last chapter of the book, and shall confine myself here to certain special points, and the criticism of current, but erroneous, medical opinions on the sexual question.
Prostitution. Sexual Hygiene. Sexual Connection Apart from Marriage.—All regulation and medical supervision of prostitution should be rejected, not only from the moral point of view, but also from that of hygiene, as a deplorable error, incapable even of fulfilling its avowed object—protection against venereal disease.
Faith in the dogmas and authority of an existing institution has led medical men to take a false view of the question. They demand from the adversaries of regulation proof of a diminution in venereal disease when regulation was not in force. This is both unjust and absurd. It is for the supporters of regulation to prove that State regulation of prostitution has led to any appreciable improvement of the social evil. Then only can it be asked if the maintenance of such vexatious measures is still justifiable. But medicine has not furnished the proof demanded from it; on the contrary, its attempts in this direction have entirely failed. After all, the system is kept up, not because it diminishes venereal infection, but because it gives satisfaction to the sexual appetite of men and their desire for change. Society, however, has no right to organize such a monstrosity as regulated prostitution and licensed proxenetism, for the special pleasure of debauchees.