Page:The Kiss and its History.djvu/79

Rh right to defend herself in such cases, he is of opinion that she is justified in repulsing the insulter by a box on the ears, but only if the offence amounts to crimen osculationis, and this box on the ears may not be inflicted with "the fist of an Amazon," as, by such requital, she easily loses her right to take legal action in the matter. She must, above all, be careful that the box on the ears be not excessive (die Ohrfeige proportionirlich einzukleiden), as otherwise the man can bring an action against her; consequently the woman ought to use her right of self-defence with great caution.

Our jurist concludes with considerations of cases when the woman who has been kissed forfeits all claims, viz., when, for instance, by look or gestures she says, "I should like to see the man who would dare to kiss me," and, by such conduct, obviously exposes herself to the danger.

Holberg has also occupied himself with this question, and tells the following story in one of his epistles (No. 199):—

"Last week I was at a party where a curious incident happened. A person stole up to a lady and gave her a kiss unexpectedly. The