Page:Symonds - A Problem in Modern Ethics.djvu/97

Rh inversion upon the basis of natural science, proving that abnormal instincts are inborn and healthy in a considerable percentage of human beings; that they do not owe their origin to bad habits of any kind, to hereditary disease, or to wilful depravity; that they are incapable in the majority of cases of being extirpated or converted into normal channels; and that the men subject to them are neither physically, intellectually, nor morally inferior to normally constituted individuals. Having demonstrated these points to his own satisfaction, and supported his views with a large induction of instances and a respectable show of erudition, he proceeds to argue that the present state of the law in many states of Europe is flagrantly unjust to a class of innocent persons, who may indeed be regarded as unfortunate and inconvenient, but who are guilty of nothing which deserves reprobation and punishment. In this second and polemical branch of his exposition, Ulrichs assumes, for his juristic starting-point, that each human being is born with natural rights which legislation ought not to infringe but protect. He does not attempt to confute the utilitarian theory of jurisprudence, which regards laws as regulations made by the majority in the supposed interests of society. Yet a large amount of his reasoning is designed to invalidate utilitarian arguments in favour of repression, by showing that no social evil ensues in those countries which have placed abnormal sexuality upon the same footing as the normal, and that the toleration of inverted passion threatens no danger to the well-being of nations.

After this prelude, an abstract of Ulrichs' theory and