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Table of contents
PREFACE
INTRODUCTION-1.1
INTRODUCTION-1.2
INTRODUCTION-1.3
INTRODUCTION-1.4
INTRODUCTION-1.5
INTRODUCTION-1.6
INTRODUCTION-1.7
FOOTNOTES-1
FOOTNOTES-2
THE STUDY OF SEXUAL INVERSION
SEXUAL INVERSION IN MEN-1
SEXUAL INVERSION IN MEN-2
SEXUAL INVERSION IN MEN-3
HISTORY-1-2-3-4
HISTORY-5
HISTORY-6
HISTORY-7-8
HISTORY-9
HISTORY-10-11-12
HISTORY-13-14
HISTORY-15
HISTORY-16-17-18-19
HISTORY-20
HISTORY-21 (begin)
HISTORY-21 (end)
HISTORY-22-23-24
HISTORY-25
HISTORY-26
HISTORY-27
HISTORY-28-29-30-31-32
HISTORY-33
SEXUAL INVERSION IN WOMEN-1
SEXUAL INVERSION IN WOMEN-2
SEXUAL INVERSION IN WOMEN-3
SEXUAL INVERSION IN WOMEN-4
HISTORY-34-35-36-37
HISTORY-38
HISTORY-39.1
HISTORY-39.2
HISTORY-39.3
HISTORY-39.4
FOOTNOTES
THE NATURE OF SEXUAL INVERSION-1
THE NATURE OF SEXUAL INVERSION-2
THE NATURE OF SEXUAL INVERSION-3
THE NATURE OF SEXUAL INVERSION-4
FOOTNOTES
THE THEORY OF SEXUAL INVERSION-1
THE THEORY OF SEXUAL INVERSION-2
THE THEORY OF SEXUAL INVERSION-3
CONCLUSIONS-1
CONCLUSIONS-2
CONCLUSIONS-3
CONCLUSIONS-4
FOOTNOTES
APPENDIX A
APPENDIX B-1
APPENDIX B-2-3-4
INDEX OF AUTHORS

and often causes him to waver between extremes of melancholia and 

egotistic exaltation. We regard all homosexuality with absolute and 

unmitigated disgust. We have been taught to venerate Alexander the Great, 

Epaminondas, Socrates, and other antique heroes; but they are safely 

buried in the remote past, and do not affect our scorn of homosexuality in 

the present. 

 

It was in the fourth century, at Rome, that the strong modern opposition 

to homosexuality was first clearly formulated in law.[265] The Roman race 

had long been decaying; sexual perversions of all kinds flourished; the 

population was dwindling. At the same time, Christianity, with its 

Judaic-Pauline antagonism to homosexuality, was rapidly spreading. The 

statesmen of the day, anxious to quicken the failing pulses of national 

life, utilized this powerful Christian feeling. Constantine, Theodosius, 

and Valentinian all passed laws against homosexuality, the last, at all 

events, ordaining as penalty the _vindices flammae_; but their enactments 

do not seem to have been strictly carried out. In the year 538, Justinian, 

professing terror of certain famines, earthquakes, and pestilences in 

which he saw the mysterious "recompense which was meet" prophesied by St. 

Paul,[266] issued his edict condemning unnatural offenders to the sword, 

"lest as the result of these impious acts" (as the preamble to his Novella 

77 has it) "whole cities should perish, together with their inhabitants; 

for we are taught by Holy Scripture that through these acts cities have 

perished with the men in them."[267] This edict (which Justinian followed 

up by a fresh ordinance to the same effect) constituted the foundation of 

legal enactment and social opinion concerning the matter in Europe for 

thirteen hundred years.[268] In France the _vindices flammae_ survived to 

the last; St. Louis had handed over these sacrilegious offenders to the 

Church to be burned; in 1750 two pederasts were burned in the Place de 

Greve, and only a few years before the Revolution a Capuchin monk named 

Pascal was also burned. 

 

After the Revolution, however, began a new movement, which has continued 

slowly and steadily ever since, though it still divides European nations 

into two groups. Justinian, Charlemagne, and St. Louis had insisted on the 

sin and sacrilege of sodomy as the ground for its punishment.[269] It was 

doubtless largely as a religious offense that the _Code Napoleon_ omitted 

to punish it. The French law makes a clear and logical distinction between 

crime on the one hand, vice and irreligion on the other, only concerning 

itself with the former. Homosexual practices in private, between two 

consenting adult parties, whether men or women, are absolutely unpunished 

by the _Code Napoleon_ and by French law of today. Only under three 

conditions does the homosexual act come under the cognizance of the law 

as a crime: (1) when there is _outrage public a la pudeur_,--i.e., when 

the act is performed in public or with a possibility of witnesses; (2) 

when there is violence or absence of consent, in whatever degree the act 

may have been consummated; (3) when one of the parties is under age, or 

unable to give valid consent; in some cases it appears possible to apply 

Article 334 of the penal code, directed against habitual excitation to 

debauch of young persons of either sex under the age of 21. 

 

This method of dealing with unnatural offenses has spread widely, at first 

because of the political influence of France, and more recently because 

such an attitude has commended itself on its merits. In Belgium the law is 

similar to that of the _Code Napoleon_, as it is also in Italy, Spain, 

Portugal, Roumania, Japan, and numerous South American lands. In 

Switzerland the law is a little vague and varies slightly in the different 

cantons, but it is not severe; in Geneva and some other cantons there is 

no penalty; the general tendency is to inflict brief imprisonment when 

serious complaints have been lodged, and cases can sometimes be settled 

privately by the magistrate. 

 


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