Latest / The Conduct of Life / Offences Against One's Self Paederasty - Jeremy Bentham
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- 0:00Speaker 1: Offenses against one's self? Part one. This is a LibriVox recording.
- 0:05Speaker 1: All LibriVox recordings are in the public domain. For more
- 0:08Speaker 1: information or to volunteer, visit LibriVox dot org. Dis Reading
- 0:12Speaker 1: by Carl Manchester two thousand seven. Offenses against one's self
- 0:18Speaker 1: Pederasty by Jeremy Bentham, Part one to what class of
- 0:24Speaker 1: offenses shall we refer these irregularities of the venereal appetite,
- 0:28Speaker 1: which are styled unnatural? When hidden from the public eye,
- 0:32Speaker 1: There could be no color for placing them anywhere else.
- 0:35Speaker 1: Could they find a place anywhere? It would be here?
- 0:39Speaker 1: I have been tormenting myself for years to find, if possible,
- 0:43Speaker 1: a sufficient ground for treating them with the severity with
- 0:46Speaker 1: which they are treated at this time of day by
- 0:49Speaker 1: all European nations. But upon the principal utility I can
- 0:53Speaker 1: find none offenses of impurity. Their varieties. The abominations that
- 1:01Speaker 1: come under this heading have this property in common in
- 1:04Speaker 1: this respect, that they consist in procuring certain sensations by
- 1:09Speaker 1: means of an improper object. The impropriety, then, may consist
- 1:14Speaker 1: either in making use of an object one of the
- 1:17Speaker 1: proper species, but at an improper time, for instance, after death,
- 1:23Speaker 1: Two of an object of the proper species and sex,
- 1:27Speaker 1: and at a proper time, but in an improper part.
- 1:31Speaker 1: Three of an object of the proper species but the
- 1:34Speaker 1: wrong sex. This is distinguished from the rest by the
- 1:38Speaker 1: name of pederasty. Four of a wrong species. Five. In
- 1:45Speaker 1: procuring this sensation by oneself, without the help of any
- 1:49Speaker 1: other sensitive object, pederasty makes the greatest figure, the third
- 1:57Speaker 1: being that which makes the most figure in the world.
- 2:00Speaker 1: It will be proper to give that the principal share
- 2:02Speaker 1: of our attention. In settling the nature and tendency of
- 2:06Speaker 1: this offense, we shall, for the most part, have settled
- 2:09Speaker 1: the nature and tendency of all the other offenses that
- 2:12Speaker 1: come under this disgusting catalog, whether they produce any primary
- 2:17Speaker 1: mischief one as to any primary mischief, it is evident
- 2:22Speaker 1: that it produces no pain in anyone. On the contrary,
- 2:25Speaker 1: it produces pleasure, and that a pleasure which, by their
- 2:29Speaker 1: perverted taste, is by this supposition preferred to that pleasure
- 2:33Speaker 1: which is in general reputed the greatest. The partners are
- 2:38Speaker 1: both willing, if either of them be unwilling, the act
- 2:41Speaker 1: is not that which we have here in view. It
- 2:44Speaker 1: is an offense totally different in its nature of effects.
- 2:47Speaker 1: It is a personal injury. It is a kind of
- 2:50Speaker 1: rape as a secondary mischief, whether they produce any alarm
- 2:56Speaker 1: in the community. Two, as to any second mischief, it
- 3:01Speaker 1: produces not any pain of apprehension, For what is there
- 3:04Speaker 1: in it for anybody to be afraid of? By the supposition,
- 3:08Speaker 1: those only are the objects of it who choose to
- 3:10Speaker 1: be so, who find a pleasure, for it seems they
- 3:14Speaker 1: do in being so, Whether any danger. Three as to
- 3:21Speaker 1: any danger exclusive of pain, the danger, if any, must
- 3:25Speaker 1: consist in the tendency of the example. But what is
- 3:28Speaker 1: the tendency of this example to dispose others to engage
- 3:32Speaker 1: in the same practices? But this practice, for anything that
- 3:35Speaker 1: has yet appeared, produces not pain of any kind to
- 3:39Speaker 1: any one. Reasons that have commonly been assigned hitherto we
- 3:46Speaker 1: have found no reason for punishing it at all, much
- 3:49Speaker 1: less for punishing it with the degree of severity with
- 3:52Speaker 1: which it has been commonly punished. Let us see what
- 3:55Speaker 1: force there is in the reasons that have been commonly
- 3:58Speaker 1: assigned for punishing it. The whole tribe of writers on
- 4:02Speaker 1: English law, who none of them knows any more, what
- 4:05Speaker 1: they mean by the word peace than they do by
- 4:08Speaker 1: many other of the expressions that are most familiar to them.
- 4:11Speaker 1: Reckon this among offenses against the peace. It is accordingly
- 4:15Speaker 1: treated in all respects as an offense against the piece.
- 4:19Speaker 1: They likewise reckon forgery, coining, and all sorts of frauds
- 4:23Speaker 1: among offenses against the piece. According to the same writers,
- 4:27Speaker 1: it is doubted whether adultery be not a breach of
- 4:30Speaker 1: the piece. It is certain, however, that whenever a gallant
- 4:35Speaker 1: accepts an invitation of another man's wife, he does it
- 4:38Speaker 1: with force and arms. This needs no comment whether against
- 4:44Speaker 1: the security of the individual. So w Blackstone is more particular.
- 4:51Speaker 1: According to him, it is not only an offense against
- 4:54Speaker 1: the piece, but it is of that division of offenses
- 4:57Speaker 1: against the piece, which are offenses against the gu security.
- 5:01Speaker 1: According to the same writer, if a man is guilty
- 5:04Speaker 1: of this kind of filthiness, for instance, with a cow,
- 5:07Speaker 1: as some men have been known to be, it is
- 5:09Speaker 1: an offense against somebody's security. He does not say whose security,
- 5:14Speaker 1: for the law makes no distinction in its ordinances. So
- 5:17Speaker 1: neither does this lawyer, or any other English lawyer, in
- 5:21Speaker 1: his comments, make any distinction between this kind of filthiness
- 5:25Speaker 1: when committed with the consent of the patient, and the
- 5:28Speaker 1: same kind of filthiness when committed against his consent and
- 5:32Speaker 1: by violence. It is just as if a man were
- 5:35Speaker 1: to make no distinction between concubinage and rape. Whether it
- 5:40Speaker 1: debilitates Montesquieu, the reason that Montesquieu gives for reprobating it
- 5:47Speaker 1: is the weakness which he seems to suppose it to
- 5:49Speaker 1: have a tendency to bring upon those who practice it.
- 5:53Speaker 1: Esprit de Lois, Book twelve, Chapter six. If foudrois le proscrier,
- 6:00Speaker 1: conti nuferrois codonea ersexle fibles de L'Or ibre pai ar
- 6:05Speaker 1: unvees infame parungernes enteurs it ought to be prescribed, were
- 6:11Speaker 1: it only for giving to the one sex the weaknesses
- 6:14Speaker 1: of the other, and paving the way by a scandalous
- 6:16Speaker 1: youth for an infamous old age. This, if it be true,
- 6:21Speaker 1: in fact, is a reason of a very different complexion
- 6:25Speaker 1: from any of the preceding. And it is on the
- 6:27Speaker 1: ground of this reason, as being the most plausible one,
- 6:30Speaker 1: that I have ranked the offense under its present head.
- 6:34Speaker 1: As far as it is true in fact, the act
- 6:36Speaker 1: ought to be regarded in the first place as coming
- 6:39Speaker 1: within the list of offenses against oneself, of offenses of imprudence,
- 6:43Speaker 1: in the next place, as an offense against the state,
- 6:47Speaker 1: an offense the tendency of which is to diminish the
- 6:49Speaker 1: public force. If, however, it tends to weaken a man.
- 6:54Speaker 1: It is not any single act that can, in any
- 6:57Speaker 1: sensible degree have that effect. It can only be the habit.
- 7:01Speaker 1: The act thus will become obnoxious as evidencing the existence
- 7:05Speaker 1: in probability of the habit. This enervating tendency, be it
- 7:09Speaker 1: what it may. If it is to be taken as
- 7:12Speaker 1: a ground for treating the practice in question with a
- 7:14Speaker 1: degree of severity which is not bestowed upon the regular
- 7:17Speaker 1: way of gratifying, the venereal appetite must be greater in
- 7:21Speaker 1: the former case than in the latter.
- 7:23Speaker 2: Is it so?
- 7:25Speaker 1: If the affirmative can be shown, it must be either
- 7:27Speaker 1: by arguments a priori drawn from considerations of the nature
- 7:31Speaker 1: of the human frame, or from experience. Are there any
- 7:35Speaker 1: such arguments from physiology? I have never heard of any.
- 7:39Speaker 1: I can think of none. What says history? What says
- 7:44Speaker 1: historical experience? The result of this can be measured only
- 7:48Speaker 1: upon a large scale or upon a very general survey.
- 7:53Speaker 1: Among the modern nations, it is comparatively but rare in
- 7:56Speaker 1: modern Rome. It is perhaps not very uncommon in Powers,
- 8:00Speaker 1: probably not quite so common in London, still less frequent
- 8:04Speaker 1: in Edinburgh or Amsterdam. You scarce hear of it two
- 8:07Speaker 1: or three times in a century. In Athens and in
- 8:11Speaker 1: ancient Rome, in the most flourishing periods of the history
- 8:14Speaker 1: of those capitals, regular intercourse between the sexes was scarcely
- 8:19Speaker 1: much more common. It was upon the same footing throughout Greece.
- 8:23Speaker 1: Everybody practiced it. Nobody was ashamed of it. They might
- 8:27Speaker 1: be ashamed of what they looked upon as an excess
- 8:30Speaker 1: in it, or they might be ashamed of it as
- 8:32Speaker 1: a weakness, as a propensity that had a tendency to
- 8:35Speaker 1: distract men from more worthy and important occupations. Just as
- 8:40Speaker 1: a man with us might be ashamed of excess or
- 8:42Speaker 1: weakness in his love for women. In itself, one may
- 8:45Speaker 1: be sure that they were not ashamed of it. A
- 8:48Speaker 1: jesilous upon somebody's taking notice of the care he took
- 8:52Speaker 1: to avoid taking any familiarities with a youth who passed
- 8:55Speaker 1: for being handsome, acknowledges it indeed, but upon what ground,
- 9:01Speaker 1: Not on account of the turpitude, but the danger. Xenophon,
- 9:06Speaker 1: in his Retreat of the ten Thousand, gives an anecdote
- 9:09Speaker 1: of himself in which he mentions himself as particularly addicted
- 9:13Speaker 1: to this practice, without seeming to entertain the least suspicion
- 9:17Speaker 1: that any apology was necessary. In his account of socrates conversation,
- 9:22Speaker 1: he introduces that philosopher censuring, or rather making merry with
- 9:26Speaker 1: a young man, for his attachment to the same practice.
- 9:29Speaker 1: But in what light does he consider it as a
- 9:32Speaker 1: weakness unbecoming to a philosopher, not as a turpitude or
- 9:36Speaker 1: a crime unbecoming to a man. It is not because
- 9:40Speaker 1: an object of the one sex more than one of
- 9:42Speaker 1: the other is improper game, but on account of the
- 9:46Speaker 1: time that must be spent and the humiliation submitted to
- 9:49Speaker 1: in the pursuit. What is remarkable is that there is
- 9:52Speaker 1: scarce a striking character in antiquity, nor one that in
- 9:56Speaker 1: other respects men are in use to sit as virtuous,
- 10:00Speaker 1: of whom it does not appear, by one circumstance or another,
- 10:03Speaker 1: that he was infected with this inconceivable propensity. It makes
- 10:08Speaker 1: a conspicuous figure in the very opening of Thusidide's history,
- 10:12Speaker 1: and by an odd accident, it was to the spirit
- 10:14Speaker 1: of two young men, kindled and supported by this passion,
- 10:18Speaker 1: that Athens, according to that historian, stood indebted on a
- 10:22Speaker 1: trying occasion for the recovery of its liberty. The firmness
- 10:26Speaker 1: and spirit of the theban band, the band of lovers,
- 10:29Speaker 1: as it was called, is famous in history, and the
- 10:33Speaker 1: principle by which the union among the members of it
- 10:35Speaker 1: was commonly supposed to be cemented is well known. Plutarch
- 10:40Speaker 1: in Vita Pellapaidae Esprit delire, book four, chapter eight. Many moderns,
- 10:47Speaker 1: and among others, mister Voltaire, dispute the fact. But that
- 10:51Speaker 1: intelligent philosopher sufficiently intimates the ground of his incredulity. If
- 10:56Speaker 1: he does not believe it, it is because he likes not
- 10:59Speaker 1: to believe it. What the ancients called love in such
- 11:03Speaker 1: a case was what we call platonic, that is, was
- 11:06Speaker 1: not love but friendship. But the Greeks knew the difference
- 11:10Speaker 1: between love and friendship as well as we. They had
- 11:14Speaker 1: distinct terms to signify them by. It seems reasonable, therefore,
- 11:18Speaker 1: to suppose that when they say love they mean love,
- 11:21Speaker 1: and when they say friendship only, they mean friendship only.
- 11:26Speaker 1: And with regard to Xenophon and his master Socrates and
- 11:30Speaker 1: his fellow scholar Plato, it seems more reasonable to believe
- 11:34Speaker 1: them to have been addicted to this taste when they,
- 11:37Speaker 1: or any of them tell us so in express terms,
- 11:40Speaker 1: than to trust to the interpretations, however ingenious and however
- 11:45Speaker 1: well intended, of any man who write at this time
- 11:48Speaker 1: of day, when they tell us it was no such thing.
- 11:52Speaker 1: Not to insist upon Agesilaus and Xenophon. It appears, by
- 11:56Speaker 1: one circumstance or another, that the mysticles Aristides, Epaminondus, Alcibiades, Alexander,
- 12:05Speaker 1: and perhaps the greatest number of the heroes of Greece
- 12:08Speaker 1: were infected with distaste. Not that the historians are at
- 12:12Speaker 1: the pains of informing us so expressly, for it was
- 12:15Speaker 1: not extraordinary enough to make it worth their while, But
- 12:19Speaker 1: it comes out collaterally in the course of the transactions
- 12:22Speaker 1: they have occasion to relate. It were hardly worthwhile after
- 12:26Speaker 1: this to take up much more time in proving the
- 12:28Speaker 1: same thing with regard to the Romans. In naming distinguished
- 12:31Speaker 1: persons of consequence whom history has mentioned as partakers in
- 12:35Speaker 1: this abomination, or in bringing passages to show that the
- 12:38Speaker 1: same depraved taste prevailed generally among the people, not to
- 12:42Speaker 1: mention notorious profligates such as the Antones, the Claudiuses, the Pisos,
- 12:48Speaker 1: the Gabiniuses of the age Cicero. If we may believe,
- 12:51Speaker 1: either his enemy Sallust or his admirer Pliny neither avoided
- 12:55Speaker 1: this propensity, nor thought proper to dissemble it that Austere philosopher,
- 13:01Speaker 1: after writing books to prove that pleasure was no good
- 13:04Speaker 1: and that pain was no evil, and that virtue could
- 13:07Speaker 1: make a man happy upon the rack that affectionate husband,
- 13:11Speaker 1: in the midst of all his tenderness for his wife Terentia,
- 13:15Speaker 1: could play at blind man's buff with his secretary for pipes,
- 13:18Speaker 1: and make verses upon this notable exploit of gallantry. With
- 13:23Speaker 1: regard to the people in general, it may be presumed
- 13:25Speaker 1: that if the gods amused themselves in this way, if
- 13:28Speaker 1: Apollo loved Hyacinthus, if Hercules could be in a frenzy
- 13:32Speaker 1: for the loss of Hylas, and the father of gods
- 13:35Speaker 1: and men could solace himself with Ganymede, it was neither
- 13:38Speaker 1: an odious nor an unfrequent thing for mortal men to
- 13:42Speaker 1: do so the gods we make it has been well
- 13:45Speaker 1: and often said, we make always after our own image.
- 13:50Speaker 1: In times much anterior to those of Cicero, and in which,
- 13:54Speaker 1: according to the common prejudice, the morals of the people
- 13:57Speaker 1: are supposed to have been proportionately more pure. When certain
- 14:01Speaker 1: festivals were suppressed on account of their furnishing opportunities for debauchery.
- 14:06Speaker 1: Irregularities of this kind were observed, according to Livy, to
- 14:09Speaker 1: be more abundant than ordinary intrigues. This circumstance would scarcely
- 14:14Speaker 1: perhaps have been thought worth mentioning, had not the idea
- 14:18Speaker 1: of excess in this as it is apt to do
- 14:20Speaker 1: on all occasions, struck the imagination of the historian, as
- 14:25Speaker 1: well as of the magistrate whose administration he is recording.
- 14:29Speaker 1: This much will probably be thought enough if more proofs
- 14:32Speaker 1: were necessary. It were easy to collect materials enough to
- 14:35Speaker 1: fill a huge, a tedious, and a very disgusting volume.
- 14:39Speaker 1: It appears, then, that this propensity was universally predominant among
- 14:43Speaker 1: the ancient Greeks and Romans, among the military as much
- 14:47Speaker 1: as any. The ancient Greeks and Romans, however, are commonly
- 14:50Speaker 1: reputed as a much stouter as well as a much
- 14:53Speaker 1: braver people than the stoutest and bravest of any of
- 14:57Speaker 1: the modern nations of Europe. They appeared to been stouter,
- 15:00Speaker 1: at least in a very considerable degree than the French,
- 15:04Speaker 1: in whom this propensity is not very common, and still
- 15:07Speaker 1: more than the Scotch in whom it is still less common.
- 15:10Speaker 1: And this although the climate even of Greece was a
- 15:13Speaker 1: great deal warmer, and in that respect more enervating than
- 15:17Speaker 1: that of modern Scotland. If then this practice was in
- 15:21Speaker 1: those ancient warm countries attended with any enervating effects, they
- 15:26Speaker 1: were much more than counteracted by the superiority of blank
- 15:32Speaker 1: in the exertions which were then required by the military education,
- 15:35Speaker 1: over and above those which are now called for by
- 15:38Speaker 1: ordinary labour. But if there be any ground derived from
- 15:41Speaker 1: history for attributing to it any such enervating effects, it
- 15:46Speaker 1: is more than I can find whether it enervates the
- 15:49Speaker 1: patient more than the agent. Montesque, however, seems to make
- 15:55Speaker 1: a distinction. He seems to suppose these enervating effects to
- 15:59Speaker 1: be exerted prince upon the person who is the patient
- 16:02Speaker 1: in such a business. This distinction does not seem very
- 16:05Speaker 1: satisfactory in any point of view. Is there any reason
- 16:09Speaker 1: for supposing it to be a fixed one between persons
- 16:12Speaker 1: of the same age, actuated by the same incomprehensible desires.
- 16:17Speaker 1: Would not the parts they took in the business be convertible?
- 16:20Speaker 1: Would not the patient be the agent in his turn?
- 16:24Speaker 1: If it were not so. The person on whom he
- 16:26Speaker 1: supposes these effects to be the greatest is precisely the
- 16:29Speaker 1: person with regard to whom it is most difficult to conceive.
- 16:32Speaker 1: Whence those consequences should result. In the one case, there
- 16:37Speaker 1: is exhaustion, which, when carried to excess, may be followed
- 16:40Speaker 1: by debility. In the other case, there is no such thing.
- 16:46Speaker 1: What says history in regard to this point too, in particular,
- 16:51Speaker 1: what says history, As the two parts that a man
- 16:55Speaker 1: may take in this business are so naturally convertible, however
- 16:58Speaker 1: frequently he may have taken a passive part, it will
- 17:01Speaker 1: not ordinarily appear, according to the notions of the ancients,
- 17:07Speaker 1: there was something degrading in the passive part, which was
- 17:10Speaker 1: not in the active it was ministering to the pleasure.
- 17:14Speaker 1: For so we are obliged to call it of another
- 17:17Speaker 1: without participation. It was making oneself the property of another man.
- 17:22Speaker 1: It was playing the woman's part. It was therefore unmanly
- 17:26Speaker 1: peticabo vos et iramabo, antony, pathise etsynadae fury Catalus. On
- 17:35Speaker 1: the other hand, to take the active part was to
- 17:37Speaker 1: make use of another for one's pleasure. It was making
- 17:41Speaker 1: another man one's property. It was preserving the manly, the
- 17:45Speaker 1: commanding character. Accordingly, Solon in his laws prohibits slaves from
- 17:51Speaker 1: bearing an active part where the passive is borne by
- 17:54Speaker 1: a freeman. In the few instances in which we happen
- 17:57Speaker 1: to hear of a person's taking the passive part, there
- 18:00Speaker 1: is nothing to favor the above mentioned hypothesis. The beautiful Alcibiades, who,
- 18:07Speaker 1: in his youth, says Connelius Nepos after the manner of
- 18:10Speaker 1: the Greeks, was beloved by many, was not remarkable, either
- 18:14Speaker 1: for his weakness or for cowardice. At least blank did
- 18:19Speaker 1: not find it so. The Clodius, whom Cicero scoffs at
- 18:23Speaker 1: for his servile obsequiousness to the appetite of curio, was
- 18:27Speaker 1: one of the most daring and turbulent spirits in all Rome.
- 18:30Speaker 1: Julius Caesar was looked upon as a man of tolerable
- 18:33Speaker 1: courage in his day, notwithstanding the complacency showed in his
- 18:37Speaker 1: youth to the king of Bithynia. Nicomedes Aristotle, the inquisitive
- 18:43Speaker 1: and observing Aristotle, whose physiological distinctions are looked upon as
- 18:48Speaker 1: some of the best of his works. Aristotle, who if
- 18:51Speaker 1: there had been anything in this notion, had every opportunity
- 18:54Speaker 1: and inducement to notice and confirm it, gives no intimation
- 18:58Speaker 1: of any such thing. On the contrary, he sits down
- 19:02Speaker 1: very soberly to distribute the male half of the species
- 19:05Speaker 1: under two classes, one class having a natural propensity, he says,
- 19:09Speaker 1: to bear a passive part in such a business, as
- 19:12Speaker 1: the other have to take an active part. Problemata, Section four,
- 19:17Speaker 1: Article twenty seven. The form of these propensities he attributes
- 19:21Speaker 1: to a peculiarity of organization analogous to that of women.
- 19:26Speaker 1: The whole passage is abundantly obscure and shows in how
- 19:30Speaker 1: imperfect a state of anatomical knowledge was his time. This observation,
- 19:35Speaker 1: it must be confessed, is not much more satisfactory than
- 19:38Speaker 1: that other of the same philosopher, when he speaks of
- 19:41Speaker 1: two sorts of men, the one born to be masters,
- 19:44Speaker 1: the other to be slaves. If, however, there had appeared
- 19:48Speaker 1: any reason for supposing this practice, either with regard to
- 19:51Speaker 1: the passive or the active part of it, to have
- 19:54Speaker 1: had any remarkable effects in the way of debilitation upon
- 19:57Speaker 1: those who were addicted to it, he would have had
- 20:00Speaker 1: hadly said so much upon the subject without taking notice
- 20:03Speaker 1: of that circumstance. End of Part one. Offenses against Oneself
- 20:15Speaker 1: Part two. This is a LibriVox recording. All LibriVox recordings
- 20:20Speaker 1: are in the public domain. For more information or to volunteer,
- 20:23Speaker 1: visit LibriVox dot org. Offenses against one's self pederaste by
- 20:29Speaker 1: Jeremy Bentham, Part two whether it hurts population? A notion
- 20:37Speaker 1: more obvious, but perhaps not much better founded than the former,
- 20:41Speaker 1: is that of its being prejudicial. Mister Voltaire appears inclined
- 20:45Speaker 1: in one part of his works to give some countenance
- 20:48Speaker 1: to this opinion. He speaks of it as a vice
- 20:51Speaker 1: which would be destructive to the human race if it
- 20:53Speaker 1: were general. Quote, how did it come about that a
- 20:57Speaker 1: vice which would destroy mankind if it were general? That
- 21:00Speaker 1: an infamous outrage against nature? End? Christiancieur Nonsigiopidi amour sur cretique.
- 21:10Speaker 1: A little further on, speaking of Sextus Empiricus, who would
- 21:14Speaker 1: have us believed that this practice was recommended in persia
- 21:17Speaker 1: by the laws. He insists that the effect of such
- 21:20Speaker 1: a law would be to annihilate the human race if
- 21:23Speaker 1: it were literally observed. No, says he, it is not
- 21:28Speaker 1: in human nature to make a law that contradicts and
- 21:30Speaker 1: outrages nature, a law that would annihilate mankind if it
- 21:34Speaker 1: were observed to the letter. This consequence, however, is far
- 21:38Speaker 1: enough from being a necessary one for a law of
- 21:41Speaker 1: the purport he represents to be observed. It is sufficient
- 21:44Speaker 1: that this unprolific kind of venery be practiced. It is
- 21:48Speaker 1: not necessary that it should be practiced to the exclusion
- 21:51Speaker 1: of that which is prolific. Now that there should ever
- 21:54Speaker 1: be wanting at such a measure of the regular and
- 21:57Speaker 1: ordinary inclination of desire for the proper object as is
- 22:00Speaker 1: necessary for keeping up the numbers of mankind upon their
- 22:03Speaker 1: present footing, is a notion that stands warranted by nothing
- 22:07Speaker 1: that I can find in history. To consider the matter
- 22:10Speaker 1: a priori, if we consult mister Hume and Dr Smith,
- 22:14Speaker 1: we shall find that it is not the strength of
- 22:16Speaker 1: the inclination of the one sex for the other. That
- 22:18Speaker 1: is the measure of the numbers of mankind, but the
- 22:21Speaker 1: quantity of subsistence which they can find or raise upon
- 22:24Speaker 1: a given spot. With regard to the mere object of population,
- 22:29Speaker 1: if we consider the time of gestation in the female sex,
- 22:33Speaker 1: we shall find that much less than a hundredth part
- 22:36Speaker 1: of the activity a man is capable of exerting in
- 22:38Speaker 1: his way is sufficient to produce all the effect that
- 22:42Speaker 1: can be produced by ever so much more. Population therefore
- 22:46Speaker 1: cannot suffer till the inclination of the male sex for
- 22:49Speaker 1: the female be considerably less than a hundredth part as
- 22:52Speaker 1: strong as for their own. Is there the least probability
- 22:57Speaker 1: that this should ever be the case, I must confess
- 23:00Speaker 1: I see not anything that should leaders to suppose it.
- 23:03Speaker 1: Before this can happen, the nature of the human composition
- 23:06Speaker 1: must receive a total change, and that propensity, which is
- 23:10Speaker 1: commonly regarded as the only one of the two that
- 23:12Speaker 1: is natural, must have become altogether an unnatural one. I
- 23:17Speaker 1: have already observed that I can find nothing in history
- 23:20Speaker 1: to countenance the notion I am examining. On the contrary,
- 23:24Speaker 1: the country in which the prevalence of this practice is
- 23:27Speaker 1: most conspicuous, happens to have been remarkable for its populousness.
- 23:32Speaker 1: The bent of popular prejudice has been to exaggerate this populousness,
- 23:36Speaker 1: But after all deductions are made, still it will appear
- 23:39Speaker 1: to have been remarkable. It was such as, notwithstanding the
- 23:42Speaker 1: drain of continual wars in a country parceled out into
- 23:45Speaker 1: poultry states, as to be all of it from tier,
- 23:49Speaker 1: gave occasion to the continued necessity of emigration. This reason,
- 23:54Speaker 1: however well grounded, soever it were in itself, could not
- 23:57Speaker 1: with any degree of consistency, be urged in a country
- 24:00Speaker 1: where celibacy was permitted, much less where it was encouraged.
- 24:05Speaker 1: The proposition, which, as will be shown more fully by
- 24:08Speaker 1: and by, is not at all true with respect to
- 24:10Speaker 1: PEDERASTI I mean that were it to prevail universally, it
- 24:14Speaker 1: would put an end to the human race, is most
- 24:17Speaker 1: evidently and strictly true with regard to celibacy. If then,
- 24:21Speaker 1: merely out of regard to population, it were right that
- 24:24Speaker 1: pederasts should be burnt alive. Monks ought to be roasted
- 24:28Speaker 1: alive by a slow fire. If a pederast, according to
- 24:32Speaker 1: the Monkish canonist Bermondas destroys the whole human race. Bamondas
- 24:37Speaker 1: destroyed it. I don't know how many thousand times over
- 24:41Speaker 1: the crime of Bamondas is I don't know how many
- 24:44Speaker 1: times worse than PEDERASTI that there should be the least
- 24:49Speaker 1: color for supposing of this practice, that in any situation
- 24:53Speaker 1: of things, whatever it could have the least possible tendency
- 24:55Speaker 1: to favor population is what nobody, I suppose, would easily
- 24:59Speaker 1: have suspected. Since, however, we are embarked on this discussion,
- 25:04Speaker 1: it is fit that everything that can contribute to our
- 25:07Speaker 1: forming a right judgment on the question should be mentioned.
- 25:11Speaker 1: Women who submit to promiscuous embraces are almost universally unprolific.
- 25:17Speaker 1: In all great towns, a great multitude of women will
- 25:20Speaker 1: always be in this case. In Paris, for instance, the
- 25:23Speaker 1: number of these women has been computed to amount to
- 25:26Speaker 1: at least ten thousand. These women were no more than
- 25:30Speaker 1: a certain quantity of prolific vigor to be applied to them.
- 25:34Speaker 1: Might all of them stand in as good a way
- 25:36Speaker 1: of being prolific as other women, They would have, indeed
- 25:40Speaker 1: rather a better chance, Since the women who came to
- 25:43Speaker 1: be reduced to the necessity of embracing this profession. Are
- 25:47Speaker 1: always those who, by their beauty, are more apt than
- 25:50Speaker 1: an equal number of women taken at random to engage
- 25:53Speaker 1: the attention of the other sex. If then all the
- 25:57Speaker 1: vigor that is over and above this quantity were to
- 25:59Speaker 1: be diverted into another channel, it is evident that in
- 26:03Speaker 1: the case above supposed, the state would be a gainer
- 26:06Speaker 1: to the amount of all the population that could be
- 26:09Speaker 1: expected from forty thousand women. And in the proportion as
- 26:12Speaker 1: any woman was less prolific by the diverting of any
- 26:15Speaker 1: part of this superfluous vigor in the same proportion would
- 26:19Speaker 1: population be promoted. No one, I hope, will take occasion
- 26:23Speaker 1: to suppose that from anything here said, I mean to
- 26:26Speaker 1: infer the propriety of affording any encouragement to this miserable
- 26:30Speaker 1: taste for the sake of population. Such an inference would
- 26:34Speaker 1: be as ill founded as it would be cruel. I
- 26:37Speaker 1: leave anyone to imagine what such a writer as Swift,
- 26:40Speaker 1: for instance, might make upon this theme quote a project
- 26:45Speaker 1: for promoting population by the encouragement of PEDERASTI end quote.
- 26:51Speaker 1: The truth is the sovereign if he will but conduct
- 26:54Speaker 1: himself with tolerable attention with respect to the happiness of
- 26:57Speaker 1: his subjects, need never be in any pain about the
- 27:00Speaker 1: number of them. He has no need to be ever
- 27:03Speaker 1: at the expense of any efforts leveled in a direct
- 27:06Speaker 1: line at the purpose of increasing it. Nature will do
- 27:10Speaker 1: her own work fast enough without his assistance, if he
- 27:13Speaker 1: will but refrain from giving her disturbance. Such infamous expedients
- 27:18Speaker 1: would be improper, as any coercive ones are unnecessary. Even
- 27:23Speaker 1: monks in the countries that are most infested with them,
- 27:26Speaker 1: are not near so pernicious by the deductions they make
- 27:28Speaker 1: from the sum of population, as by the miseries which
- 27:31Speaker 1: they produce and suffer, and by the prejudices of all
- 27:34Speaker 1: kinds of which they are the perpetrators and the dupes.
- 27:38Speaker 1: My wonder is how any man who is at all
- 27:41Speaker 1: acquainted with the most amiable part of the species should
- 27:45Speaker 1: ever entertain any serious apprehensions of their yielding the ascendant
- 27:49Speaker 1: to such unworthy rivals, whether it robs women. A more
- 27:55Speaker 1: serious imputation for punishing this practice is that the effect
- 27:58Speaker 1: of it is to produce in the male sex an
- 28:01Speaker 1: indifference to the female, and thereby defraud the latter of
- 28:04Speaker 1: their rights. This, as far as it holds good in
- 28:08Speaker 1: point of fact, is in truth a serious imputation. The
- 28:13Speaker 1: interest of the female part of the species claimed just
- 28:15Speaker 1: as much attention, and not a whit more on the
- 28:18Speaker 1: part of the legislator as those of the male. A
- 28:22Speaker 1: complaint of this sort, it is true, would not come
- 28:25Speaker 1: with very good grace from a modest woman. But should
- 28:28Speaker 1: the women be a stopped from making complaint in such
- 28:30Speaker 1: a case, it is the business of the men to
- 28:33Speaker 1: make it for them. This, then, as far as it
- 28:36Speaker 1: holds good in point of fact, is in truth of
- 28:39Speaker 1: very serious imputation. How far it does it will be
- 28:42Speaker 1: proper to inquire. In the first place, the female sex
- 28:47Speaker 1: is always able and commonly disposed, to receive a greater
- 28:50Speaker 1: quantity of venereal tribute than the male sex is able
- 28:53Speaker 1: to bestow. If then the state of manners be such
- 28:57Speaker 1: in any country as left the exertion of this faculty
- 29:00Speaker 1: entirely unrestrained, it is evident that, except in particular cases
- 29:05Speaker 1: when no object of the female sex happened to be
- 29:07Speaker 1: within reach, any effort of this kind that was exerted
- 29:10Speaker 1: by a male upon a male would be so much
- 29:13Speaker 1: lost to the community of females. Upon this footing, the
- 29:17Speaker 1: business of venereal enjoyment seems actually to stand in some
- 29:21Speaker 1: few parts of the world, for instance, at Otahiti. It
- 29:25Speaker 1: seems therefore that at Otahiti pederasti could hardly have footing,
- 29:31Speaker 1: but the female part of that community must in proportion
- 29:34Speaker 1: be defrauded of their rights. If then pederasti were to
- 29:38Speaker 1: be justified in Otahiti, it could only be upon this
- 29:41Speaker 1: absurd and improbable supposition that the male sex were gain
- 29:45Speaker 1: us by such a perversion to a greater amount than
- 29:48Speaker 1: the female sex were losers. But in all European countries
- 29:52Speaker 1: and such others on which we bestowed the title of civilized,
- 29:56Speaker 1: the case is widely different. In these countries. This propensity,
- 30:01Speaker 1: which in the male sex is under a considerable degree
- 30:03Speaker 1: of restraint, is under an incomparably greater restraint in the
- 30:07Speaker 1: female while each is alike prohibited from partaking of these enjoyments.
- 30:12Speaker 1: But on the terms of marriage, by the fluctuating and
- 30:16Speaker 1: inefficacious influence of religion, the censure of the world denies
- 30:20Speaker 1: it the female part of the species under the severest penalties,
- 30:24Speaker 1: while the male sex is left free. In speaking on
- 30:28Speaker 1: this occasion of the precepts of religion, I consider not
- 30:31Speaker 1: what they are in themselves, but what they may happen
- 30:34Speaker 1: to be in the opinion and discourse of those whose
- 30:36Speaker 1: office it is to interpret them. No sooner is a
- 30:40Speaker 1: woman known to have infringed this prohibition than either she
- 30:44Speaker 1: is secluded from all means of repeating the offense, or
- 30:47Speaker 1: upon her escaping from that vigilance, she throws herself into
- 30:51Speaker 1: that degraded class whom the want of company of their
- 30:54Speaker 1: own sex render unhappy, and the abundance of it on
- 30:58Speaker 1: the part of the male sex. And this being the case,
- 31:02Speaker 1: it appears the contribution which the male part of the
- 31:05Speaker 1: species are willing, as well as able to bestow, is
- 31:08Speaker 1: beyond all comparison, greater than what the female part are
- 31:12Speaker 1: permitted to receive. If a woman has a husband, she
- 31:15Speaker 1: is permitted to receive it only from her husband. If
- 31:19Speaker 1: she has no husband, she is not permitted to receive
- 31:21Speaker 1: it from any man without being degraded into the class
- 31:24Speaker 1: of prostitutes. When she is in that unhappy class, she
- 31:29Speaker 1: has not indeed less than she would wish, but what
- 31:32Speaker 1: is often as bad to her, she has more it appears, then,
- 31:37Speaker 1: that if the female sex are loses by the prevalence
- 31:40Speaker 1: of this practice, it can only be on this supposition
- 31:44Speaker 1: that the force with which it tends to divert men
- 31:46Speaker 1: from entering into connection with the other sex is greater
- 31:50Speaker 1: than the force with which the censure of the world
- 31:52Speaker 1: tends to prevent those connections by its operation on the women.
- 31:58Speaker 1: In countries where as in Otate Tahiti, no restraint is
- 32:02Speaker 1: laid on the gratification of the amorous appetite, whatever part
- 32:05Speaker 1: of the activity of that appetite in the male sex
- 32:08Speaker 1: were exercised upon the same sex would be so much
- 32:11Speaker 1: loss in point of enjoyment to the female. But in
- 32:15Speaker 1: countries where it is kept under restraint, as in Europe,
- 32:18Speaker 1: for example, this is not by any means the case.
- 32:21Speaker 1: As long as things are upon that footing, there are
- 32:24Speaker 1: many cases in which the women can be no sufferers
- 32:27Speaker 1: for the want of solicitation on the part of the men.
- 32:31Speaker 1: If the institution of the marriage contract be a beneficial one,
- 32:35Speaker 1: and if it be expedient that the observance of it
- 32:37Speaker 1: should be maintained inviolate, we must, in the first place
- 32:41Speaker 1: deduct from the number of the women who would be
- 32:44Speaker 1: sufferers by the prevalence of this taste all married women
- 32:47Speaker 1: whose husbands were not infected with it. In the next place,
- 32:51Speaker 1: upon the supposition that a state of prostitution is not
- 32:54Speaker 1: a happier state than a state of virginity, we must
- 32:58Speaker 1: deduct all those women who, by means of this prevalence,
- 33:01Speaker 1: would have escaped being debauched. The women who would be
- 33:05Speaker 1: sufferers by it, Abinicio, are those only who, were it
- 33:10Speaker 1: not for the prevalence of it, would have got husbands.
- 33:13Speaker 1: I say, abinicio, for when a woman has been once
- 33:16Speaker 1: reduced to take up the trade of prostitution, she also
- 33:19Speaker 1: would be of the number of those who are sufferers
- 33:22Speaker 1: by the prevalence of this taste, in case the effect
- 33:25Speaker 1: of it were to deprive her of any quantity of
- 33:27Speaker 1: this commerce beyond that which she would rather be without.
- 33:31Speaker 1: It is not in this business, as in most other businesses,
- 33:35Speaker 1: where the quantity of the object in demand is in
- 33:37Speaker 1: proportion to the demand. The occupations with respect to which
- 33:42Speaker 1: that rule holds good are those only that are engaged
- 33:45Speaker 1: in through character reflection and upon choice. But in this
- 33:51Speaker 1: profession scarce any woman engages for the purposes the motive
- 33:55Speaker 1: that induces a woman to engage in it is not
- 33:58Speaker 1: any such circumstance as the consideration of the probability of
- 34:01Speaker 1: getting custom She has no intention of engaging in it
- 34:05Speaker 1: when she takes the step that eventually proves a means
- 34:08Speaker 1: of her engaging in it. The immediate cause of her
- 34:11Speaker 1: engaging in it is the accident of a discovery which
- 34:14Speaker 1: deprives her of every other source of livelihood. Upon the supposition, then,
- 34:19Speaker 1: that a given number have been debauched, there would be
- 34:21Speaker 1: the same number ready to comply with solicitation whenever so
- 34:25Speaker 1: little was offered as whenever so much was offered. It
- 34:29Speaker 1: is a conceivable case, therefore, that upon the increased prevalence
- 34:33Speaker 1: of this taste, they might be the same number of
- 34:35Speaker 1: women debauched as at present, And yet all the prostitutes
- 34:39Speaker 1: in the place might be starving for want of customers.
- 34:43Speaker 1: The question then is reduced to this, what are the
- 34:46Speaker 1: number of women who, by the prevalence of this taste,
- 34:49Speaker 1: would it is probable, be prevented from getting husbands? These,
- 34:54Speaker 1: and these only are they who would be sufferers by it.
- 34:58Speaker 1: Upon the following consideration, it does not seem likely that
- 35:01Speaker 1: the prejudice sustained by the sex in this way, could
- 35:05Speaker 1: ever rise to any considerable amount, were the prevalence of
- 35:09Speaker 1: this taste to rise to ever so great a height,
- 35:12Speaker 1: that the most considerable part of the motives to marriage
- 35:15Speaker 1: would remain entire, in the first place, the desire of
- 35:19Speaker 1: having children. In the next place, the desire of forming
- 35:23Speaker 1: alliances between families. Thirdly, the convenience of having a domestic
- 35:28Speaker 1: companion whose company will continue to be agreeable throughout life. Fourthly,
- 35:33Speaker 1: the convenience of gratifying the appetite in question at any
- 35:36Speaker 1: time when the want occurs, and without the expense and
- 35:39Speaker 1: trouble of concealing it or the danger of a discovery.
- 35:44Speaker 1: Were a man's taste even so far corrupted as to
- 35:46Speaker 1: make him prefer the embraces of a person of his
- 35:49Speaker 1: own sex to those of a female, a connection of
- 35:52Speaker 1: that preposterous kind would therefore be far enough from answering
- 35:56Speaker 1: to him the purposes of a marriage. A connection with
- 35:59Speaker 1: a war may, by accident be followed with disgust, but
- 36:04Speaker 1: a connection of the other kind a man must know,
- 36:07Speaker 1: will for certain come in time to be followed by disgust.
- 36:11Speaker 1: All the documents we have from the ancients relative to
- 36:14Speaker 1: this matter, and we have a great abundance agree in
- 36:18Speaker 1: this that it is only for a very few years
- 36:21Speaker 1: of his life that a male continues an object of desire,
- 36:24Speaker 1: even to those in whom the infection of this taste
- 36:27Speaker 1: is at the strongest. The very name it went by
- 36:31Speaker 1: among the Greeks may stand instead of all other proofs,
- 36:34Speaker 1: of which the works of Lucian and Marshal alone will
- 36:38Speaker 1: furnish any abundance that can be required. Among the Greeks
- 36:42Speaker 1: it was called Pederastia, the love of boys, not andrarastia
- 36:48Speaker 1: the love of men. Among the Romans, the act was
- 36:52Speaker 1: called pedicare, because the object of it was a boy.
- 36:56Speaker 1: There was a particular name for those who had passed
- 36:58Speaker 1: the short period beyond which no man hoped to be
- 37:02Speaker 1: an object of desire to his own sex. They were
- 37:05Speaker 1: called exolity. No male, therefore, who has passed this short
- 37:10Speaker 1: period of life could expect to find in this way
- 37:13Speaker 1: any reciprocity of affection. He must be as odious to
- 37:17Speaker 1: the boy from the beginning as in a short time
- 37:20Speaker 1: the boy would be to him. The objects of this
- 37:23Speaker 1: kind of sensuality would therefore come only in the place
- 37:27Speaker 1: of common prostitutes they could never, even to a person
- 37:31Speaker 1: of this depraved taste, answer the purposes of a virtuous woman.
- 37:38Speaker 1: What says history? Upon this footing stands the question when
- 37:42Speaker 1: considered a priori, the evidence of facts seems to be
- 37:47Speaker 1: still more conclusive. On the same side, there seems no
- 37:51Speaker 1: reason to doubt, as I have already observed, but that
- 37:54Speaker 1: population went on altogether as fast, and that the men
- 37:58Speaker 1: were altogether as well as inclined to marriage among the Grecians,
- 38:02Speaker 1: in whom this vicious propensity was most prevalent, as in
- 38:06Speaker 1: any modern people in whom it is least prevalent. In Rome. Indeed,
- 38:11Speaker 1: about the time of the extinction of liberty we find
- 38:14Speaker 1: great complaints of the decline of population, but the state
- 38:18Speaker 1: of it does not appear to have been at all
- 38:20Speaker 1: dependent on, or at all influenced by the measures that
- 38:23Speaker 1: were taken from time to time to restrain the love
- 38:26Speaker 1: of boys. It was with the Romans as with us,
- 38:30Speaker 1: what kept a man from marriage was not the preferring
- 38:32Speaker 1: boys to women, but the preferring the convenience of a
- 38:36Speaker 1: transient connection to the expense and hazard of a lasting one.
- 38:40Speaker 1: See Pilate Prete de Lroissiville. Shepitre du mariage end of part.
- 38:48Speaker 2: Two, Part three of Offenses against Oneself by Jeremy bent
- 39:00Speaker 2: This is a LibriVox recording. All LibriVox recordings are in
- 39:04Speaker 2: the public domain. For more information or to volunteer, please
- 39:08Speaker 2: visit LibriVox dot org. Recording by Leon Meyer. Offenses against
- 39:15Speaker 2: Oneself Pederasty by Jeremy Bentham, Part three. How is it
- 39:24Speaker 2: at o Tahiti to judge how far the regular intercourse
- 39:29Speaker 2: between the sexes is probably affected by this contraband intercourse
- 39:34Speaker 2: in countries where as in Europe the gratification of the
- 39:38Speaker 2: venereal appetite is kept upon a footing of restraint. It
- 39:41Speaker 2: may help us a good deal if we observe in
- 39:44Speaker 2: what degree it is affected by the latter in countries
- 39:47Speaker 2: where the gratification of that appetite is under no restraint.
- 39:52Speaker 2: If in those countries pederasty prevailed to so considerable a
- 39:56Speaker 2: degree as to occasion a visible diminution of the regard
- 40:01Speaker 2: that was shown to women, this phenomenon, unless it could
- 40:04Speaker 2: be accounted for from other causes, would afford a strong
- 40:08Speaker 2: argument to prove that prevalence of it might have the
- 40:11Speaker 2: effect of diminishing the regard that might otherwise be paid
- 40:14Speaker 2: to them in other countries, and that the prevalence of
- 40:17Speaker 2: it in those countries was owing not to the comparative
- 40:21Speaker 2: difficulty of getting women, but to a comparative indifference such
- 40:26Speaker 2: as might turn to the prejudice of the women in
- 40:28Speaker 2: any state of things. And in short, that what was
- 40:31Speaker 2: transferred to boys was so much clear loss to women.
- 40:36Speaker 2: But the fact is that in O Tahiti it does
- 40:39Speaker 2: not appear that this propensity is at all prevalent. If
- 40:44Speaker 2: it were more frequent than the regular connection in what
- 40:47Speaker 2: sense could be termed unnatural. The nature of the question
- 40:52Speaker 2: admits of great latitude of opinion. For my own part,
- 40:56Speaker 2: I must confess I cannot bring myself to entertain so
- 40:59Speaker 2: high a notion of the alluringness of this preposterous propensity
- 41:03Speaker 2: as some men appear to entertain. I cannot suppose it
- 41:07Speaker 2: to be possible it should ever get to such a
- 41:09Speaker 2: height as that the interests of the female part of
- 41:12Speaker 2: the species should be materially affected by it, or that
- 41:16Speaker 2: it could ever happen that, were they to contend upon
- 41:19Speaker 2: equal ground, the eccentric and unnatural propensity should ever get
- 41:24Speaker 2: the better of the regular and natural one. Could we,
- 41:27Speaker 2: for a moment suppose this to be the case, I
- 41:30Speaker 2: would wish it to be considered. What meaning a man
- 41:33Speaker 2: would have to annex to the expression when he bestows
- 41:37Speaker 2: on the propensity under consideration the epithet of unnatural. If,
- 41:43Speaker 2: contrary to all appearance, the case really were that if
- 41:46Speaker 2: all men were left perfectly free to choose, as many
- 41:50Speaker 2: men would make choice of their own sex as of
- 41:52Speaker 2: the opposite one, I see not what reason there would
- 41:55Speaker 2: be for applying the word natural to the one than
- 41:58Speaker 2: to the other. All the difference would be that the
- 42:01Speaker 2: one was both natural and necessary, whereas the other was
- 42:05Speaker 2: natural but not necessary. If the mere circumstance of its
- 42:09Speaker 2: not being necessary were sufficient to warrant the terming it unnatural,
- 42:13Speaker 2: it might as well be said that the taste of
- 42:15Speaker 2: man has for music is unnatural. My wonder is how
- 42:20Speaker 2: any man who is at all acquainted with the most
- 42:22Speaker 2: amiable part of the species should ever entertain any serious
- 42:26Speaker 2: apprehensions of their yielding the ascendant to such unworthy rivals.
- 42:33Speaker 2: Among the ancients, whether it excluded not the regular taste,
- 42:39Speaker 2: a circumstance that contributes considerably to the alarms entertained by
- 42:43Speaker 2: some people. On this score is the common prejudice, which
- 42:47Speaker 2: supposes that the one propensity is exclusive of the other.
- 42:51Speaker 2: This notion is for the most part founded on prejudice,
- 42:55Speaker 2: as may be seen in the works of a multitude
- 42:57Speaker 2: of ancient authors, in which we contain newly see the
- 43:00Speaker 2: same person, at one time stepping aside and pursuit of
- 43:04Speaker 2: this eccentric kind of pleasure, but at other times diverting
- 43:08Speaker 2: his inclination to the proper object. Horace, in speaking of
- 43:12Speaker 2: the means of satisfying the venereal appetite, proposes to himself,
- 43:17Speaker 2: as a matter of indifference, a prostitute of either sex.
- 43:21Speaker 2: And the same poet, who, forgetting himself now and then
- 43:25Speaker 2: says a little here and there about boys, says a
- 43:28Speaker 2: great deal everywhere about women. The same observation will hold
- 43:32Speaker 2: good with respect to every other personage of antiquity, who,
- 43:36Speaker 2: either by his own account or that of another, is
- 43:39Speaker 2: represented to us as being infected with this taste. It
- 43:44Speaker 2: is so in all the poets who, in any of
- 43:46Speaker 2: their works have occasion to say anything about themselves. Some
- 43:50Speaker 2: few appear to have had no appetite for boys, as
- 43:53Speaker 2: is the case, for instance, with Avid, who takes express
- 43:56Speaker 2: notice of it and gives a reason for it. But
- 43:59Speaker 2: it is a never failing rule. Wherever you see anything
- 44:02Speaker 2: about boys, you see a great deal more about women.
- 44:06Speaker 2: Virgil has one alexis, but he has galateas and abundance.
- 44:11Speaker 2: Let us be unjust to no man, not even to
- 44:14Speaker 2: a pediaste. In all antiquity there is not a single
- 44:18Speaker 2: instance of an author, nor scarce an explicit account of
- 44:21Speaker 2: any other man, who was addicted exclusively to this taste.
- 44:26Speaker 2: Even in modern times, the real women haters are to
- 44:30Speaker 2: be found, not so much among pediastes as among monks
- 44:34Speaker 2: and Catholic priests. Such of them be they more or fewer,
- 44:38Speaker 2: who think and act in consistency with their profession. Reason
- 44:44Speaker 2: why it might be expected so to do, I say,
- 44:49Speaker 2: even in modern times, For there is one circumstance which
- 44:52Speaker 2: should make this taste, where it does prevail, much more
- 44:55Speaker 2: likely to be exclusive at present than it was formerly.
- 44:59Speaker 2: Im I mean the severity with which it is now
- 45:02Speaker 2: treated by the laws, and the contempt and abhorrence with
- 45:05Speaker 2: which it is regarded by the generality of the people,
- 45:09Speaker 2: if we may so call it, the persecution they meet
- 45:12Speaker 2: with from all quarters, Whether deservedly or not, has the
- 45:16Speaker 2: effect in this instance which persecution has and must have
- 45:20Speaker 2: more or less in all instances, the effect of rendering
- 45:24Speaker 2: those persons who are the objects of it more attached
- 45:27Speaker 2: than they would be otherwise to the practice it proscribes.
- 45:32Speaker 2: It renders them the more attached to one another. Sympathy
- 45:35Speaker 2: of itself having a powerful tendency, independent of all other motives,
- 45:40Speaker 2: to attach a man to his own companions in misfortune.
- 45:44Speaker 2: This sympathy has at the same time a powerful tendency
- 45:48Speaker 2: to beget to proportionable antipathy even towards all such persons
- 45:52Speaker 2: as appear to be involuntary, much more to such as
- 45:55Speaker 2: appear to be the voluntary authors of such misfortune. When
- 46:00Speaker 2: a man is made to suffer, it is enough on
- 46:02Speaker 2: all other occasions to beget in him a prejudice against
- 46:06Speaker 2: those by whose means or even for whose sake, he
- 46:10Speaker 2: is made to suffer. When the hand of every man
- 46:13Speaker 2: is against a person, his hand or his heart at
- 46:16Speaker 2: least will naturally be against every man. It would therefore
- 46:21Speaker 2: be rather singular if, under the present system of manners,
- 46:24Speaker 2: these outcasts of society should be altogether so well disposed
- 46:29Speaker 2: towards women, as in ancient times, when they were left unmolested.
- 46:34Speaker 2: The helots had no great regard, as we may suppose
- 46:37Speaker 2: for the Lacedaemonians Negroes. We may suppose have not now
- 46:41Speaker 2: any violent affection for negro drivers, the Russian boors for
- 46:45Speaker 2: the bow yards that are their masters, Native Peruvians for Spaniards,
- 46:50Speaker 2: Halishores for Brahmins, bison cheddaries, these for justices and hangmen,
- 46:56Speaker 2: nor insolvent debtors for bombayiliffs. It would not be wonderful
- 47:01Speaker 2: if a miserable pediast of modern times should look upon
- 47:04Speaker 2: every woman as a merciless creditor at whose suit he
- 47:08Speaker 2: is in continual danger of being consigned not to a
- 47:11Speaker 2: prison only, but either to the gallows or to the flames.
- 47:16Speaker 2: The reason which there may be in point of utility,
- 47:19Speaker 2: or on any other account for treating these people of
- 47:22Speaker 2: such severity, makes no difference in the sentiments which such
- 47:26Speaker 2: severity is calculated to inspire. For whatever reason there may be, they,
- 47:31Speaker 2: one may be certain, do not see it. In spite
- 47:34Speaker 2: of such powerful incentives. It does not appear that the
- 47:37Speaker 2: effect of this propensity is, in general, even under the
- 47:41Speaker 2: present system, to inspire in those who are infected with
- 47:44Speaker 2: it in aversion or even indifference to the other sex.
- 47:48Speaker 2: A proof how powerful the force of nature is, and
- 47:51Speaker 2: how little reason the sex whose dominion is supported by
- 47:54Speaker 2: the influence of pleasure have for being apprehensive of any
- 47:58Speaker 2: permanent alienation in the affections of those fugitive vassals, were
- 48:03Speaker 2: no harsh measure taken to drive them into rebellion. The
- 48:08Speaker 2: notion that it does has sometimes operated by accident in
- 48:12Speaker 2: favor of persons under prosecution. The popular notion that all
- 48:18Speaker 2: pederasts are in proportion women haters is the ground of
- 48:22Speaker 2: a medium of exculpation which we see commonly adopted in
- 48:26Speaker 2: the few instances that occur in England of a man's
- 48:29Speaker 2: being prosecuted for this offense. It is common in any
- 48:33Speaker 2: such case for those who are concerned in behalf of
- 48:36Speaker 2: the defendant to produce as many presumptions as they can
- 48:39Speaker 2: collect of his propensity to women. Such evidence may have
- 48:44Speaker 2: some weight with those who are under the influence of
- 48:46Speaker 2: this prejudice, although the many instances in which it has
- 48:49Speaker 2: been opposed by the clearest positive evidence of the fact
- 48:53Speaker 2: are sufficient to themselves to show the weakness of it.
- 48:56Speaker 2: It may be of use to mention this to the
- 48:59Speaker 2: end that if it should be thought expedient to punish
- 49:01Speaker 2: this offense, those who are to judge it may be
- 49:05Speaker 2: put on their guard against a medium of exculpation which
- 49:09Speaker 2: appears to be fallacious, as it excludes not the regular taste,
- 49:15Speaker 2: it is liable to disturb marriage. This circumstance, however, which
- 49:21Speaker 2: in one set of circumstances, tends to the exculpation of
- 49:24Speaker 2: the practice in question, in another situation of things, and
- 49:29Speaker 2: in another point of view, operates to the combination of it.
- 49:33Speaker 2: I have already given the considerations which seem to render
- 49:35Speaker 2: it probable that this propensity does not, in any considerable
- 49:39Speaker 2: degree stand in the way of marriage. On that occasion,
- 49:43Speaker 2: we took it for granted for the time that if
- 49:45Speaker 2: it did not hinder a man from engaging a matrimonial connection,
- 49:49Speaker 2: it was of no prejudice to the other sex at all.
- 49:52Speaker 2: When a man was once lodged within the pale of matrimony,
- 49:56Speaker 2: we took no notice of any danger there might be
- 49:58Speaker 2: of his deviating afterwards into such extravagances. This, however, is
- 50:03Speaker 2: an event which, from the two propensities, not appearing to
- 50:07Speaker 2: be exclusive of one another. We have reason a priori
- 50:10Speaker 2: to suppose not to be in itself absolutely improbable, and
- 50:14Speaker 2: which from occasional observation, but particularly from ancient history, we
- 50:19Speaker 2: find not to be uncommon. The wretches who are prosecuted
- 50:23Speaker 2: for this offense often turn out to be married men.
- 50:26Speaker 2: The poet Marshal, we find, has a wife with whom
- 50:30Speaker 2: he is every now and then jarring on the score
- 50:32Speaker 2: of the complaints she makes of his being unfaithful to her.
- 50:35Speaker 2: In this way. It is to be considered, however, that
- 50:39Speaker 2: it is not to the amount of the whole sum
- 50:42Speaker 2: of the infidelities the husband is guilty of in this
- 50:45Speaker 2: way that a wife is a sufferer by this propensity,
- 50:48Speaker 2: but only to the surplus, whatever it may be, over
- 50:52Speaker 2: and above, what were it not for this propensity, the
- 50:55Speaker 2: same man would be guilty of In the natural way,
- 50:59Speaker 2: a woman would not be a sufferer by this propensity
- 51:02Speaker 2: any further than as it betrays her husband into an
- 51:05Speaker 2: act of infidelity to which he would not have been
- 51:07Speaker 2: betrayed by the allurements of any female rival. Supposing the
- 51:11Speaker 2: degree of infidelity in both cases to be equal, there
- 51:15Speaker 2: seems reason to think that a woman would not be
- 51:17Speaker 2: so much hurt by an infidelity of this sort as
- 51:20Speaker 2: by an infidelity into which her husband had been betrayed
- 51:23Speaker 2: by a person of her own sex. An attachment to
- 51:27Speaker 2: the former kind could not be lasting. That is, confined
- 51:30Speaker 2: for any length of time to the same individual of
- 51:34Speaker 2: the other, she might not be satisfied, but that it
- 51:36Speaker 2: might be lasting. It is for the same reason that
- 51:39Speaker 2: a woman's affection would not be so much wounded, however,
- 51:42Speaker 2: her pride might by her husband's intriguing with a servant, wench,
- 51:47Speaker 2: or other woman of a condition very much her inferior,
- 51:50Speaker 2: as by his intriguing with a woman of a condition
- 51:53Speaker 2: near about the level of her own. It is indeed
- 51:56Speaker 2: a general observation that in all cases of rivalry, the
- 52:00Speaker 2: jealousy is the greater, the nearer. In all respects the
- 52:03Speaker 2: condition of the rival is to your own. It is
- 52:07Speaker 2: on the same principle that in matters of religion, Jansenests
- 52:10Speaker 2: and Molinists are often apt to be more averse to
- 52:13Speaker 2: one another than either are to Protestants, Methodists and regular
- 52:18Speaker 2: Church of englandmen than either are to Presbyterians, Protestants and
- 52:22Speaker 2: Catholics than either are to Jews, And in general schismatics
- 52:26Speaker 2: in any church than either are to heretics or persons
- 52:29Speaker 2: of a different religion. This at least would seem likely
- 52:33Speaker 2: to have been the case in times in which the
- 52:36Speaker 2: propensity was not held in the abhorrence in which it
- 52:39Speaker 2: is held at present, and where consequently the wife would
- 52:43Speaker 2: not have, as at present to add to her other
- 52:45Speaker 2: motives of concern the infamy with which, under the present
- 52:49Speaker 2: system it is one effect of such behavior to cast
- 52:52Speaker 2: upon any man who is guilty of it.
- 52:57Speaker 3: End of Part three, Part four of Offenses against Oneself.
- 53:09Speaker 4: This is a LibriVox recording. All LibriVox recordings are in
- 53:13Speaker 4: the public domain. For more information or to volunteer, visit
- 53:17Speaker 4: LibriVox dot org. Read by mL Cohen, Cleveland, Ohio, July
- 53:23Speaker 4: two thousand and seven. Offenses against Oneself Federasty by Jeremy Bentham,
- 53:30Speaker 4: Part four. Causes of this taste. I have already intimated
- 53:37Speaker 4: how little reason there seems to be to apprehend that
- 53:39Speaker 4: the preference of the improper to the proper objects would
- 53:42Speaker 4: ever be constant or general. A very extraordinary circumstance, and
- 53:47Speaker 4: undoubtedly is that it should ever have arrived at the
- 53:50Speaker 4: height at which we find it to have arrived. The
- 53:53Speaker 4: circumstances is already an extraordinary one. As it is, it
- 53:57Speaker 4: would be much more so if it were common, under
- 53:59Speaker 4: equal importunities for the improper object to meet with a
- 54:02Speaker 4: decided preference. But such an incident there is every reason,
- 54:06Speaker 4: as I have already observed, for not looking upon as
- 54:09Speaker 4: likely to become otherwise than rare. Its prevalence, wherever it
- 54:13Speaker 4: provails to considerable degree, seems always to be owing to
- 54:16Speaker 4: some circumstance relative to the education of youth. It is
- 54:21Speaker 4: the constraint in which the venereal appetite is kept under
- 54:24Speaker 4: a system of manners established in all civilized nations, that
- 54:27Speaker 4: seems to be the principal cause of its deviating every
- 54:30Speaker 4: now and then into these improper channels. When the desire
- 54:35Speaker 4: is importunate, and no proper objects is at hand, it
- 54:38Speaker 4: will sometimes unavoidably seek relief in an improper way. In
- 54:43Speaker 4: the ancient as well as the modern plans of education,
- 54:46Speaker 4: young persons of the male sex are kept as much
- 54:49Speaker 4: as possible together. They are kept as much at a
- 54:52Speaker 4: distance as possible from the female. They are in a
- 54:56Speaker 4: way to use all sorts of familiarities with each other.
- 55:00Speaker 4: They are kept as much as possible from using any
- 55:02Speaker 4: sorts of familiarities with females. Among the ancients, they used
- 55:08Speaker 4: to be brought together in circumstances favorable to the giving
- 55:11Speaker 4: birth to such desires, by the custom of exercising themselves naked.
- 55:16Speaker 4: On the present plan, they are often forced together under
- 55:20Speaker 4: circumstances still more favorable to it, by the custom of
- 55:23Speaker 4: lying naked together in feather beds, implements of indulgence and
- 55:27Speaker 4: incentives to the veneural appetite with which the ancients were unacquainted.
- 55:32Speaker 4: When a propensity of this sort is once acquired, it
- 55:35Speaker 4: is easier to conceive how it should continue than how
- 55:38Speaker 4: it should at first be acquired. It is no great
- 55:42Speaker 4: wonder if the sensation be regarded as it were naturally
- 55:45Speaker 4: connected with the object, whatever it be, by means of
- 55:48Speaker 4: which it came to be first experienced. That this practice
- 55:53Speaker 4: is a result not of indifference to the proper object,
- 55:56Speaker 4: but of the difficulty in coming of the proper object,
- 55:59Speaker 4: the offspring not of wantonness but of necessity. The consequence
- 56:03Speaker 4: of the want of opportunity with the proper object and
- 56:05Speaker 4: the abundance of opportunity with such as are improper is
- 56:08Speaker 4: a notion that seems warranted by the joint opinions of
- 56:11Speaker 4: Montesquieu and Voltaire. Quote the crime against nature, says the former,
- 56:19Speaker 4: will never make any great progress in society unless people
- 56:22Speaker 4: are prompted to it by some particular custom, as among
- 56:25Speaker 4: the Greeks, where the use of that country performed all
- 56:28Speaker 4: their exercises naked, as amongst Us, where domestic education is disused,
- 56:34Speaker 4: as among Asiatics, where particular persons have a great number
- 56:38Speaker 4: of women whom they despise, while others can have none
- 56:41Speaker 4: at all. Quote. When the young males of our species,
- 56:50Speaker 4: says Voltaire, brought up together, feel the force which nature
- 56:54Speaker 4: begins to unfold in them, and fail to find the
- 56:58Speaker 4: natural object of their instinct, they fall back on what
- 57:01Speaker 4: resembles it. Often for two or three years, a young
- 57:05Speaker 4: man resembles a beautiful girl, with the freshness of his complexion,
- 57:08Speaker 4: and the brilliance of his coloring, the sweetness of his eyes.
- 57:12Speaker 4: If he has loved it is because nature makes a mistake.
- 57:15Speaker 4: Amage is paid to the fair sex by attachment to
- 57:18Speaker 4: one who owns its beauties. And when the years have
- 57:20Speaker 4: made this resemblance disappear, the mistake ends, and this is
- 57:26Speaker 4: the way pluck the brief spring the first flowers of youth. Quote.
- 57:32Speaker 4: It is well known that this mistake of nature is
- 57:34Speaker 4: much more common in mild climates than an icy north,
- 57:37Speaker 4: because the blood is more inflame, there an opportunity more. Also,
- 57:41Speaker 4: what seems only a weakness in young Alcibietes is a
- 57:44Speaker 4: disgusting abomination in a Dutch sailor or a Muscovite Subtler
- 57:49Speaker 4: end quote quote. Pederasty says beccorrhea, so severely punished by law,
- 57:56Speaker 4: and so freely subjected to tortures, which triumph over innocence,
- 58:00Speaker 4: is based less on man's needs when he lives in
- 58:02Speaker 4: freedom and on his own, than his passions when he
- 58:05Speaker 4: lives with others in slavery. It draws his strength not
- 58:09Speaker 4: so much from a surfeit of every other pleasure as
- 58:12Speaker 4: from that education which begins by making men useless to
- 58:14Speaker 4: themselves in order to make them useful to others. In
- 58:18Speaker 4: those institutions packed with hot blooded youth, natural vigor, as
- 58:22Speaker 4: it develops, is faced with insurmountable obstacles to every other
- 58:25Speaker 4: kind of relationship, and wears itself out in an activity
- 58:29Speaker 4: useless to humanity, and which brings on premature old age,
- 58:37Speaker 4: whether if it robed women it ought at all events
- 58:41Speaker 4: to be punished. The result of the whole is that
- 58:46Speaker 4: there appears not any great reason to conclude that, by
- 58:50Speaker 4: the utmost increase of which this vice is susceptible, the
- 58:53Speaker 4: female part of the species could be suffer as to
- 58:55Speaker 4: any very material amount. If, however, if there was any
- 59:00Speaker 4: danger of their being suffers to any amount at all,
- 59:03Speaker 4: this would of itself be ample reason for wishing to
- 59:05Speaker 4: restrain the practice. It would not, however, follow absolutely that
- 59:10Speaker 4: it were right to make use of punishment for that purpose,
- 59:13Speaker 4: much less that it were right to employ any of
- 59:15Speaker 4: those very severe punishments which are commonly in use. It
- 59:20Speaker 4: will not be right to employ any punishment one if
- 59:24Speaker 4: the mischief resulting from the punishment be equal or superior
- 59:27Speaker 4: to the mischief of the offense, nor two if there
- 59:31Speaker 4: be any means of compassing the same end without the
- 59:34Speaker 4: expense of punishment. Punishment, says M. Bakaria, is never just
- 59:40Speaker 4: so long as any means remain untried by which the
- 59:42Speaker 4: end of punishment may be accomplished at a cheaper rate.
- 59:48Speaker 4: Inducements for punishing it not justified under grounds of mischievousness.
- 59:54Speaker 4: When the punishment is so severe, while the mischief of
- 59:56Speaker 4: the offense is so remote, and even so problematical, one
- 1:00:00Speaker 4: cannot but suspect that the inducements which govern are not
- 1:00:03Speaker 4: the same with those which are avowed. When the idea
- 1:00:06Speaker 4: of the mischievousness of an offense is the ground of
- 1:00:08Speaker 4: punishing it, those of which the mischief is most immediate
- 1:00:11Speaker 4: and obvious are punished first. Afterwards, little by little, the
- 1:00:16Speaker 4: legislator becomes sensible the necessity of punishing those of which
- 1:00:20Speaker 4: the mischief is less and less obvious. But in England
- 1:00:24Speaker 4: this offense was punished with death. Before ever the malicious
- 1:00:26Speaker 4: destruction of fraudulent obtainment, or embeztment of property was punished
- 1:00:29Speaker 4: at all, unless the obligation of making pecuniar amends is
- 1:00:33Speaker 4: to be called punishment. Before even the mutilation of or
- 1:00:36Speaker 4: perpetual disablement of a man was made punishable, other than
- 1:00:39Speaker 4: by simple imprisonment and fine friends, it was the custom
- 1:00:44Speaker 4: to punish it with death so early as the reign
- 1:00:46Speaker 4: of Edward the First. But on the ground of antipathy
- 1:00:53Speaker 4: in this case, in short, as in so many other cases,
- 1:00:56Speaker 4: the disposition to punish seems to have had no other
- 1:00:59Speaker 4: ground than the antipathy with which persons who had punishment
- 1:01:02Speaker 4: at their disposal regarded the offender. The circumstances from which
- 1:01:06Speaker 4: this antipathy may have taken its rise may be worth inquiring.
- 1:01:09Speaker 4: To one is the physical antipathy to the offense. The circumstance, indeed,
- 1:01:15Speaker 4: were we to think and act consistently, would be of
- 1:01:17Speaker 4: itself nothing to the purpose. The act is to the
- 1:01:20Speaker 4: highest degree odious and disgusting. That is not to the
- 1:01:24Speaker 4: man who does it, for he does it only because
- 1:01:25Speaker 4: it gives him pleasure. But to one who thinks of
- 1:01:28Speaker 4: it be it so? But what is that? To him?
- 1:01:33Speaker 4: He has the same reason for doing it that I
- 1:01:35Speaker 4: have for avoiding it. A man loves carrying this is
- 1:01:39Speaker 4: very extraordinary. Much good may it do to him? But
- 1:01:44Speaker 4: what is it to me, so long as I can
- 1:01:45Speaker 4: indulge myself with fresh meat? But such reasoning, however, just
- 1:01:51Speaker 4: few persons have calmness to attend to. This propensity is
- 1:01:56Speaker 4: much stronger than it is wished if it were to
- 1:01:58Speaker 4: confound physical impurity with more, I pass without examination from
- 1:02:03Speaker 4: the literal use of the word impurity to the figurative
- 1:02:07Speaker 4: close friends from a man's possessing a thorough aversion to
- 1:02:12Speaker 4: the practice himself, The transition is but too natural to
- 1:02:15Speaker 4: his wishing to see all others punished to give into it.
- 1:02:19Speaker 4: Any pretense, however, slight, which promises to warrant him in
- 1:02:22Speaker 4: giving way to this intalent propensity, is eagerly embraced. Look
- 1:02:27Speaker 4: the world over, we shall find that differences in point
- 1:02:30Speaker 4: of taste and opinion are grounds of animosity, as frequent
- 1:02:33Speaker 4: and as violent as any opposition in point of isnest.
- 1:02:38Speaker 4: To disagree with our taste and to oppose our opinions
- 1:02:41Speaker 4: is to wound our sympathetic feelings, and to affront our pride.
- 1:02:46Speaker 4: James the First of England, a man more remarkable for
- 1:02:49Speaker 4: weakness than for cruelty, conceived a violent antipathy against certain
- 1:02:53Speaker 4: persons who are called Anabaptist, on account of their differing
- 1:02:56Speaker 4: from him in regard to certain speculum points of religion.
- 1:03:00Speaker 4: As the circumstances of the times were favorable to the
- 1:03:03Speaker 4: gratification of antipathy arising from such causes, he found means
- 1:03:07Speaker 4: to give himself the satisfaction of committing one of them
- 1:03:10Speaker 4: to the flames. The same king happened to have an
- 1:03:13Speaker 4: antipathy to the use of tobacco. But as the circumstances
- 1:03:17Speaker 4: of the times did not afford the same pretenses nor the
- 1:03:20Speaker 4: same facility for burning tobacco smokers as for burning anabaptists,
- 1:03:24Speaker 4: he was forced to content himself with writing a flaming
- 1:03:26Speaker 4: book against it. The same king, if he be the
- 1:03:31Speaker 4: author of that first article of the works which bear
- 1:03:33Speaker 4: his name, and which indeed were owned by him, reckons
- 1:03:36Speaker 4: this practice among the few offenses which no sovereign ever
- 1:03:38Speaker 4: ought to pardon. This must needs seem rather extraordinary to
- 1:03:42Speaker 4: those who have a notion that a pardon in this
- 1:03:44Speaker 4: case is what he himself, had he been a subject,
- 1:03:47Speaker 4: might have stood in need of philosophical pride. This transition
- 1:03:54Speaker 4: from the idea of physical to that of moral antipathy
- 1:03:57Speaker 4: is the more ready when the idea of pleasure is
- 1:04:00Speaker 4: specially of intense pleasure, is connected with that of the
- 1:04:02Speaker 4: act by which the antipathy is excited. Philosophical pride, to
- 1:04:07Speaker 4: say nothing at present of superstition has hitherinto employed itself
- 1:04:11Speaker 4: with effect in setting people a quarreling with whatever it
- 1:04:14Speaker 4: is pleasurable, even to themselves. An envy will always be
- 1:04:17Speaker 4: disposing them to quarrel with what appears to be pleasurable
- 1:04:20Speaker 4: to others. In the notion of a certain class of moralists,
- 1:04:24Speaker 4: we ought not for any reason they are disposed to
- 1:04:27Speaker 4: give for it, but merely because we ought to set
- 1:04:30Speaker 4: ourselves against everything that recommends itself to us under the
- 1:04:33Speaker 4: form of pleasure objects. It is true, the nature of
- 1:04:37Speaker 4: which it is to afford us the highest pleasures we
- 1:04:39Speaker 4: are susceptible of, are apt in certain circumstances to occasion
- 1:04:42Speaker 4: us still greater pains. But that is not the grievance.
- 1:04:46Speaker 4: For if it were, the sensor which is bestowed upon
- 1:04:49Speaker 4: the use of any such object would be proportioned to
- 1:04:52Speaker 4: the probability that it could be shown in each case
- 1:04:54Speaker 4: of producing such greater pains. But that is not the case.
- 1:04:59Speaker 4: It is not the pain that angers them, but the
- 1:05:01Speaker 4: pleasure religion. We need not consider at any length the
- 1:05:09Speaker 4: length to which the rigor of such philosophy may be
- 1:05:11Speaker 4: carried when reinforced by notions of religion. Such as we
- 1:05:16Speaker 4: are ourselves such, and in many respects worst, it is
- 1:05:19Speaker 4: common for us to make God to be for fear
- 1:05:22Speaker 4: blackens every object that it looks upon. It is almost
- 1:05:26Speaker 4: as common for men to conceive of God as being
- 1:05:28Speaker 4: of worse than human malevolence in their hearts, has to
- 1:05:31Speaker 4: style him of being of infinite benevolence with their lips.
- 1:05:35Speaker 4: This act is one amongst others which some men, and
- 1:05:38Speaker 4: luckily not we ourselves, have a strong propensity commit. In
- 1:05:43Speaker 4: some persons it produces, it seems, for there is no
- 1:05:46Speaker 4: disputing a pleasure. There needs no more to prove that
- 1:05:49Speaker 4: it is God's pleasure that they should abstain from it.
- 1:05:52Speaker 4: For it is God's pleasure that in the present life
- 1:05:55Speaker 4: we should give up all manner of pleasure, whether it
- 1:05:57Speaker 4: stands in the way of another's happiness or not. Which
- 1:06:00Speaker 4: is the sure sign and earnest of the pleasure He
- 1:06:02Speaker 4: will take in bestowing on us all imaginable happiness hereafter,
- 1:06:06Speaker 4: that is, in a life of the futurity of which
- 1:06:09Speaker 4: He has given us. No other proofs than these. This
- 1:06:14Speaker 4: is so true that, according to the notions of these
- 1:06:17Speaker 4: moralists and these religionists, that is the bulk of moralist
- 1:06:21Speaker 4: and religions who write, pleasures that are allowed of are
- 1:06:24Speaker 4: never allowed of for their own sake, but for the
- 1:06:26Speaker 4: sake of something else, which, though termed that advantage, are
- 1:06:29Speaker 4: good presents not to anyone so obviously, and to them
- 1:06:32Speaker 4: perhaps not at all, the idea of pleasure. When the
- 1:06:37Speaker 4: advantage ceases, the pleasure is condemned. Eating and drinking, by
- 1:06:41Speaker 4: good luck, are necessary for the preservation of the individual. Therefore,
- 1:06:45Speaker 4: eating and drinking are tolerated, and so is the pleasure
- 1:06:48Speaker 4: that attends the course of these functions, insofar as it
- 1:06:50Speaker 4: is necessary to that end. But if you eat or
- 1:06:54Speaker 4: if you drink otherwise than beyond what is thus necessary.
- 1:06:58Speaker 4: If you eat or drink for the sake of pleasures,
- 1:07:00Speaker 4: as the philosophy, it is shameful, says religionists quote, it
- 1:07:04Speaker 4: is sinful. The gratification of the veneural appetite is also,
- 1:07:09Speaker 4: by good luck, necessary to the preservation of the species.
- 1:07:12Speaker 4: Therefore it is tolerated in as far as it is
- 1:07:15Speaker 4: necessary to that end, not otherwise. Accordingly, it has been
- 1:07:20Speaker 4: a question seriously debated whether a man ought to permit
- 1:07:23Speaker 4: himself the partaking of this enjoyment with his wife when
- 1:07:26Speaker 4: from age or any other circumstance there is no hope
- 1:07:28Speaker 4: of children, and it has often been decided in the
- 1:07:32Speaker 4: negative for the same reason or some other which is
- 1:07:36Speaker 4: not apparent. For a man to enjoy his wife at
- 1:07:38Speaker 4: unseasonable times in certain systems of laws has been made
- 1:07:41Speaker 4: a capital offense under the above restriction. However it has
- 1:07:45Speaker 4: been tolerated. It has been tolerated. But as the pleasure
- 1:07:49Speaker 4: appeared great, with great reluctance, and at any rate not encouraged,
- 1:07:54Speaker 4: it has been permitted, not as a good, but as
- 1:07:56Speaker 4: a lesser evil. It has indeed been discouraged, and great
- 1:08:01Speaker 4: words offered in a future life for those who will
- 1:08:03Speaker 4: forego it in the present. It may be asked, indeed,
- 1:08:08Speaker 4: if pleasure is not a good, what is life good for?
- 1:08:12Speaker 4: And what is the purpose of preserving it? But the
- 1:08:16Speaker 4: most obvious and immediate consequences of a proposition may become
- 1:08:20Speaker 4: invisible when a screen has been set before by the
- 1:08:22Speaker 4: prejudices of false philosophy or the terrors of a false religion.
- 1:08:29Speaker 5: End of Part four, Part five of Offenses against Oneself.
- 1:08:41Speaker 5: This is a LibriVox recording. All LibriVox recordings are in
- 1:08:46Speaker 5: the public domain. For more information or to volunteer, visit
- 1:08:51Speaker 5: LibriVox dot org. Recording by Bolt of Tash Offenses against
- 1:08:59Speaker 5: One's Self Pederasty by Jeremy Bentham, Part five, Hatred of pleasure.
- 1:09:09Speaker 5: Nero I think it was, or some other of the
- 1:09:12Speaker 5: Roman tyrants, who is said to have offered a reward
- 1:09:15Speaker 5: to any one who should discover a new pleasure. That
- 1:09:19Speaker 5: is in fact no more than what is done by
- 1:09:22Speaker 5: those who offer rewards for new poems, for new mechanical contrivances,
- 1:09:27Speaker 5: for improvements in agriculture and in the arts, which are
- 1:09:31Speaker 5: all but so many means of producing new pleasures, or
- 1:09:35Speaker 5: what comes to the same thing, of producing a greater
- 1:09:38Speaker 5: quantity of the old ones. The object, however, that in
- 1:09:43Speaker 5: these cases is advertised for, is not advertised for under
- 1:09:47Speaker 5: the name of pleasure, so that the ears of these
- 1:09:50Speaker 5: moralists are not offended with that detested sound. In the
- 1:09:55Speaker 5: case above mentioned, from the character of the person who
- 1:09:58Speaker 5: offered the reward, it is natural enough to presume that
- 1:10:02Speaker 5: the sort of pleasure he had in view in offering
- 1:10:05Speaker 5: it was sensual and probably venereal, in which way no
- 1:10:09Speaker 5: new discoveries would be endured. It is an observation of Helvicius,
- 1:10:15Speaker 5: and I believe of mister Voltaire's, that if a person
- 1:10:19Speaker 5: were born with a particular source of enjoyment, in addition
- 1:10:23Speaker 5: to the five or six senses we have at present,
- 1:10:27Speaker 5: he would be hunted out of the world as a
- 1:10:29Speaker 5: monster not fit to live. Accordingly, nothing is more frequent
- 1:10:35Speaker 5: than for those who could bear with tolerable composure the
- 1:10:38Speaker 5: acts of tyranny by which all Rome was filled with
- 1:10:41Speaker 5: terror and desolation, to lose all patience when they come
- 1:10:46Speaker 5: to the account of those miserable devices of lasciviousness, which
- 1:10:50Speaker 5: had no other effect than that of giving surfeit and
- 1:10:54Speaker 5: disgust to the contemptible inventor, how far the antipathy is
- 1:11:01Speaker 5: a just ground. Meanwhile, the antipathy, whatever it may arise from,
- 1:11:08Speaker 5: produces in persons, how many soever they be, in whom
- 1:11:12Speaker 5: it manifests itself a particular kind of pain, as often
- 1:11:16Speaker 5: as the object by which the antipathy is excited presents
- 1:11:20Speaker 5: itself to their thoughts. This pain, whenever it appears, is
- 1:11:25Speaker 5: unquestionably to be placed to the account of the mischief
- 1:11:28Speaker 5: of the offense, and this is one reason for the
- 1:11:31Speaker 5: punishing of it. More than this, upon the view of
- 1:11:35Speaker 5: any pain which these obnoxious persons are made to suffer,
- 1:11:40Speaker 5: a pleasure results to those by whom the antipathy is entertained,
- 1:11:45Speaker 5: And this pleasure affords an additional reason for the punishing
- 1:11:49Speaker 5: of it. There remain, however, two reasons against punishing it,
- 1:11:55Speaker 5: the antipathy in question and the appetite of malevolence that
- 1:12:00Speaker 5: results from it. As far as it is not warranted
- 1:12:03Speaker 5: by the essential mischievousness of the offense, is grounded only
- 1:12:08Speaker 5: in prejudice. It may therefore be assuaged and reduced to
- 1:12:13Speaker 5: such a measure as to be no longer painful, only
- 1:12:16Speaker 5: in bringing to view the considerations which shew it to
- 1:12:19Speaker 5: be ill grounded. The case is that of the accidental
- 1:12:25Speaker 5: existence of an antipathy, which would have no foundation if
- 1:12:29Speaker 5: the principle of utility were to be admitted as a
- 1:12:32Speaker 5: sufficient reason for gratifying it by the punishment of the object.
- 1:12:38Speaker 5: In a word, if the propensity to punish were admitted
- 1:12:42Speaker 5: in this or any case as a sufficient ground for punishing,
- 1:12:46Speaker 5: one should never know where to stop. Upon monarchical principles,
- 1:12:51Speaker 5: the sovereign would be in the right to punish any
- 1:12:54Speaker 5: man he did not like. Upon popular principles, every man,
- 1:12:59Speaker 5: or at least the majority of each community, would be
- 1:13:03Speaker 5: in the right to punish every man upon no better reason.
- 1:13:08Speaker 5: If it were so, would heresy. If this were admitted,
- 1:13:13Speaker 5: we should be forced to admit the propriety of applying punishment,
- 1:13:17Speaker 5: and that to any amount to any offense, for instance,
- 1:13:20Speaker 5: which the government should find a pleasure in comprising under
- 1:13:23Speaker 5: the name of heresy. I see not I must confess
- 1:13:27Speaker 5: how a Protestant, or any person who should be for
- 1:13:30Speaker 5: looking upon this ground as a sufficient ground for burning pederastes,
- 1:13:36Speaker 5: could with consistency condemn the Spaniards for burning moors or
- 1:13:41Speaker 5: the Portuguese for burning Jews. For no pederaste can be
- 1:13:45Speaker 5: more odious to a person of unpolluted taste than a
- 1:13:49Speaker 5: more is to a Spaniard or a Jew to an
- 1:13:52Speaker 5: orthodox Portuguese. The antipathy itself a punishment. Besides this, the
- 1:14:00Speaker 5: antipathy in question, so long as it subsists, draws with it,
- 1:14:04Speaker 5: in course and without having recourse to the political magistrate,
- 1:14:08Speaker 5: a very galling punishment. And this punishment is the heavier
- 1:14:13Speaker 5: the greater the number of persons is by whom the
- 1:14:15Speaker 5: antipathy is entertained, and the more intense it is in
- 1:14:19Speaker 5: each person it increases. Therefore, in proportion to the demand
- 1:14:24Speaker 5: there is for punishment on this ground. Although the punishing
- 1:14:29Speaker 5: it by the hands of the magistrate were not productive
- 1:14:32Speaker 5: of the ill consequences. Just stated, it would seem hard
- 1:14:36Speaker 5: to punish it in this way upon the ground of
- 1:14:39Speaker 5: that circumstance which necessarily occasioned it to be punished another way,
- 1:14:44Speaker 5: its being already punished beyond what is enough, is but
- 1:14:47Speaker 5: an indifferent reason to give for punishing it more punishment, however,
- 1:14:54Speaker 5: not an incentive. Some writers have mentioned as an objection
- 1:15:00Speaker 5: to the punishing of practices of the obscene kind, that
- 1:15:03Speaker 5: the punishment is a means of putting man in mind
- 1:15:06Speaker 5: to make experiment of the practice, the investigation of the offense,
- 1:15:11Speaker 5: and the publicity of the punishment being the means of
- 1:15:15Speaker 5: conveying the practice to the notice of a multitude of
- 1:15:18Speaker 5: persons who otherwise would never have thought of any such thing.
- 1:15:23Speaker 5: From the circumstance of its being punished, they learn of
- 1:15:26Speaker 5: its being practiced. From the circumstance of its being practiced,
- 1:15:31Speaker 5: they conclude that there is a pleasure in it. From
- 1:15:34Speaker 5: the circumstance of its being punished so severely, they conclude
- 1:15:39Speaker 5: that the pleasure is a great one, since it overcomes
- 1:15:42Speaker 5: the dread of so great a punishment that this must
- 1:15:46Speaker 5: often happen, is not to be denied, and in so
- 1:15:49Speaker 5: far as it does happened and occasion the offenses to
- 1:15:52Speaker 5: be repeated, it weighs against the benefit of the punishment.
- 1:15:57Speaker 5: This is indeed the most popular argue of any that
- 1:16:01Speaker 5: can be urged against the punishment of such practices. But
- 1:16:04Speaker 5: it does not appear to be well grounded. It proves
- 1:16:08Speaker 5: nothing unless the punishment tends as strongly in the one
- 1:16:11Speaker 5: way to spread the practice as it does in the
- 1:16:14Speaker 5: other to repress it. This, however, does not appear to
- 1:16:18Speaker 5: be the case. We should not suppose a priori, for
- 1:16:22Speaker 5: at the same time that it brings to view the
- 1:16:25Speaker 5: idea of the offense, it brings to view, in connection
- 1:16:29Speaker 5: with that idea, the idea not only of punishment, but
- 1:16:33Speaker 5: of infamy. Not only of the punishment which should prevent
- 1:16:37Speaker 5: men's committing it in the face of the public, but
- 1:16:40Speaker 5: of the infamy which should prevent their discovering any inclination
- 1:16:44Speaker 5: to commit it to the nearest and most trustee of
- 1:16:47Speaker 5: their friends. It does not appear to be the case
- 1:16:51Speaker 5: in point of experience in former times when it was
- 1:16:55Speaker 5: not punished, it prevailed to a very great degree in
- 1:16:59Speaker 5: my udern times in the very same countries. Since it
- 1:17:02Speaker 5: has been punished it has prevailed in a much less degree.
- 1:17:06Speaker 5: Besides this, the mischief produced by the punishment in this
- 1:17:10Speaker 5: way may be lessened in a considerable degree by making
- 1:17:14Speaker 5: the trial and all the other proceedings private, which may
- 1:17:18Speaker 5: be done without any danger of abuse, by means of
- 1:17:21Speaker 5: the expedient suggested in the book. Relative to procedure, danger
- 1:17:26Speaker 5: of false prosecutions greater in this case than others. A
- 1:17:32Speaker 5: very serious objection, however, to the punishment of this offense,
- 1:17:36Speaker 5: is the opening it makes for false and malicious prosecutions.
- 1:17:41Speaker 5: This danger, in every case weighs something against the reasons
- 1:17:44Speaker 5: for applying punishment, But in this case it weighs much
- 1:17:48Speaker 5: more considerably than perhaps in any other. Almost every other
- 1:17:53Speaker 5: offense affords some particular tests of guilt, the absence of
- 1:17:58Speaker 5: which constitutes so in any criterions of innocence, the evidence
- 1:18:03Speaker 5: of persons will be in some way or other confirmed
- 1:18:07Speaker 5: by the evidence of things in the ordinary offenses against property,
- 1:18:12Speaker 5: the circumstance of the articles being missing or seen in
- 1:18:15Speaker 5: undue place in offenses against persons, the marks of violence
- 1:18:20Speaker 5: upon the person in these, and in short, in all
- 1:18:24Speaker 5: other or almost all other cases where the offense has
- 1:18:28Speaker 5: really been committed, such circumstances will take place relative to
- 1:18:33Speaker 5: the appearance of things, and will therefore be expected to
- 1:18:37Speaker 5: be proved. In any offenses which have hatred for their motive,
- 1:18:42Speaker 5: the progress of the quarrel will afford a number of
- 1:18:45Speaker 5: characteristic circumstances to fix the imputation upon the person who
- 1:18:49Speaker 5: is guilty. In the case of rape, for instance, where
- 1:18:53Speaker 5: committed on a virgin, particular characteristic appearances will not fail
- 1:18:58Speaker 5: to have been produced, And even where the object has
- 1:19:02Speaker 5: been a married woman or a person of the same sex,
- 1:19:05Speaker 5: marks of violence will have been produced by the resistance.
- 1:19:10Speaker 5: But when a filthiness of this sort is committed between
- 1:19:13Speaker 5: two persons both willing, no such circumstances need have been exhibited.
- 1:19:19Speaker 5: No proof therefore of such circumstances will be required. Wherever
- 1:19:24Speaker 5: therefore two men are together, a third person may allege
- 1:19:29Speaker 5: himself to have seen them, thus employing themselves without fear
- 1:19:33Speaker 5: of having the truth of his story disproved. With regard
- 1:19:37Speaker 5: to a bare proposal of this sort, the danger is
- 1:19:40Speaker 5: still greater. One man may charge it upon any other
- 1:19:44Speaker 5: man without the least danger of being detected. For a
- 1:19:47Speaker 5: man to bring a charge of this sort against any
- 1:19:50Speaker 5: other man without the possibility of its being disproved. There
- 1:19:54Speaker 5: needs no more than for them to have been alone
- 1:19:56Speaker 5: together for a few moments. Used as an instrument of extortion,
- 1:20:04Speaker 5: this mischief is often very severely felt in England, the
- 1:20:08Speaker 5: severity of the punishment and what is supported by it,
- 1:20:11Speaker 5: the moral antipathy to the offense, is frequently made use
- 1:20:15Speaker 5: of as a means of extorting money. It is the
- 1:20:18Speaker 5: most terrible weapon that a robber can take in hand,
- 1:20:21Speaker 5: and a number of robberies that one hears of, which
- 1:20:24Speaker 5: probably are much fewer than the ones which one does
- 1:20:27Speaker 5: not hear of, are committed by this means. If a
- 1:20:31Speaker 5: man has resolution, and the incidental circumstances are favorable, he
- 1:20:36Speaker 5: may stand the brunt and meet his accuser in the
- 1:20:38Speaker 5: face of justice, but the danger to his reputation will
- 1:20:43Speaker 5: at any rate be considerable. Men of timid natures have
- 1:20:46Speaker 5: often been almost ruined in their fortunes ere they can
- 1:20:49Speaker 5: summon up resolution to commit their reputations to the hazard
- 1:20:53Speaker 5: of a trial. A man's innocence can never be his security.
- 1:20:58Speaker 5: Knowing this, it must be an undaunted man to whom
- 1:21:01Speaker 5: it can give confidence. A well seasoned perjurer will have
- 1:21:05Speaker 5: finally the advantage over him. Whether a man be thought
- 1:21:09Speaker 5: to have actually been guilty of this practice, or only
- 1:21:12Speaker 5: to be disposed to it, his reputation suffers equal ruin.
- 1:21:19Speaker 5: After so much has been said on the abomination of pederasty,
- 1:21:23Speaker 5: little need be said of the other irregularities of the
- 1:21:26Speaker 5: venereal appetite. If it be problematical, whether it be expedient
- 1:21:31Speaker 5: upon the whole to punish the former, it seems next
- 1:21:34Speaker 5: to certain that there can be no use in punishing
- 1:21:36Speaker 5: any of the latter between women. Where women contrive to
- 1:21:43Speaker 5: procure themselves the sensation by means of women, the ordinary
- 1:21:48Speaker 5: course of nature is as much departed from as when
- 1:21:51Speaker 5: the like abomination is practiced by men with men. The
- 1:21:55Speaker 5: former offense, however, is not as generally punished as the latter.
- 1:22:01Speaker 5: It appears to have been punished in France, but the
- 1:22:03Speaker 5: law knows nothing of it in England Code Penal Title
- 1:22:07Speaker 5: thirty five, page two thirty eight JB. Whether worse between
- 1:22:13Speaker 5: men and women than between men, it seems to be
- 1:22:18Speaker 5: more common for men to apply themselves to a wrong
- 1:22:22Speaker 5: part in women, and in this case grave authors have
- 1:22:25Speaker 5: found more enormity than when the sex as well as
- 1:22:28Speaker 5: the part of the object is mistaken. Those who go
- 1:22:32Speaker 5: after the principle of the affront, which they say in
- 1:22:35Speaker 5: affairs of any such sort, is to God Almighty assure
- 1:22:39Speaker 5: us that the former contrivance is a more insolent affront
- 1:22:43Speaker 5: than the latter. See Fortescue's report jb. The affront should
- 1:22:49Speaker 5: be the same if, from necessity or caprice, a person
- 1:22:53Speaker 5: of the female sex should make use of a wrong
- 1:22:56Speaker 5: part in one of the male. If there be one
- 1:23:00Speaker 5: idea more ridiculous than another, it is that of a legislator, who,
- 1:23:05Speaker 5: when a man and a woman are agreed about a
- 1:23:08Speaker 5: business of this sort, thrusts himself in between them, examining situations,
- 1:23:14Speaker 5: regulating times, and prescribing modes and fostures. The grave physician, who,
- 1:23:20Speaker 5: as soon as he saw Governor Sancho take a fancy
- 1:23:24Speaker 5: to a dish, ordered it away, is the model, though,
- 1:23:27Speaker 5: but an imperfect one, of such a legislator. Thus far,
- 1:23:34Speaker 5: his business goes on smoothly. He may hang or burn
- 1:23:37Speaker 5: the parties according as he fancies, without difficulty, but he
- 1:23:42Speaker 5: will probably be a little at a loss when he
- 1:23:44Speaker 5: comes to inquire with the jesuit Sancha's de matrimonio. How
- 1:23:50Speaker 5: the case stands, when the man, for example, having to
- 1:23:54Speaker 5: do with a woman, begins in one part and consummates
- 1:23:59Speaker 5: in another, thinks of one person or of one part
- 1:24:03Speaker 5: while he is employing himself with another, begins with a
- 1:24:08Speaker 5: woman and leaves her in the lurch without calling in
- 1:24:13Speaker 5: the principle of utility. Such questions may be multiplied and
- 1:24:16Speaker 5: remain undecided for evermore consult the principle of utility, and
- 1:24:22Speaker 5: such questions never will be started. Bestiality an abomination which
- 1:24:30Speaker 5: meets with as little quarter as any of the proceeding,
- 1:24:33Speaker 5: is that where a human creature makes use in this
- 1:24:36Speaker 5: way of a beast or other sensitive creature of a
- 1:24:39Speaker 5: different species. A legislator who would take Sanchez for his
- 1:24:44Speaker 5: guide might here repeat the same string of distinctions about
- 1:24:48Speaker 5: the vas proprium and improprieum, the imaginations and the simultaneity,
- 1:24:54Speaker 5: and so forth. Accidents of this sort will sometimes happen,
- 1:24:59Speaker 5: for dress will force the man upon strange expedients. But
- 1:25:04Speaker 5: one might venture to affirm that if all the sovereigns
- 1:25:07Speaker 5: in Europe were to join in issuing proclamations inviting their
- 1:25:11Speaker 5: subjects to this exercise in the warmest terms, it would
- 1:25:15Speaker 5: never get to such a height as to be productive
- 1:25:18Speaker 5: of the smallest degree of political mischief. The more of
- 1:25:22Speaker 5: these sorts of prosecutions are permitted, the more scope there
- 1:25:25Speaker 5: is given for malice or extortion to make use of
- 1:25:28Speaker 5: them to effect its purpose upon the innocent, and the
- 1:25:32Speaker 5: more public they are, the more of that mischief is incurred,
- 1:25:36Speaker 5: which consists in shocking the imaginations of persons of delicacy
- 1:25:40Speaker 5: with a very painful sentiment burning the animal. Some persons
- 1:25:48Speaker 5: have been for burning the poor animal with great ceremony
- 1:25:51Speaker 5: under the notion of burning the remembrance of the affair
- 1:25:55Speaker 5: see Puffendorff Books two, chapter three and Books five five,
- 1:26:00Speaker 5: chapter three, and Bacon's abridgment title Sodomy JB. A more simple,
- 1:26:07Speaker 5: and as it should seem, a more effectual course to take,
- 1:26:10Speaker 5: would be not to meddle or make smoke about the
- 1:26:13Speaker 5: matter masturbation. Of all irregularities of the venereal appetite, that
- 1:26:21Speaker 5: which is the most incontestably pernicious is one which no
- 1:26:24Speaker 5: legislator seems ever to have made an attempt to punish.
- 1:26:28Speaker 5: I mean the sort of impurity which a person of
- 1:26:31Speaker 5: either sex may be guilty of by themselves. This is
- 1:26:36Speaker 5: often of the most serious consequence to the health and
- 1:26:39Speaker 5: lasting happiness of those who are led to practiced it.
- 1:26:42Speaker 5: Its enervating influence is much greater than that of any
- 1:26:46Speaker 5: other exertion of the venereal faculty, and that, on three
- 1:26:49Speaker 5: different accounts one any single act of this kind is
- 1:26:54Speaker 5: beyond comparison, more enervating than any single act of any
- 1:26:58Speaker 5: of those other kinds. The reason of this is not clear,
- 1:27:02Speaker 5: but the fact is certain physicians are all agreed about it.
- 1:27:07Speaker 5: Two persons are in a way to give in to
- 1:27:11Speaker 5: this practice at an earlier age than that in which
- 1:27:14Speaker 5: they are in a way to give in to any
- 1:27:16Speaker 5: of those other practices. That is, at an age when
- 1:27:21Speaker 5: the influence of any enervating cause is greater. As the
- 1:27:25Speaker 5: violence to modesty is rather less in this case than
- 1:27:29Speaker 5: in any of these others, a person will with less
- 1:27:33Speaker 5: difficulty yield to the impulse, whether of nature or example.
- 1:27:38Speaker 5: In all those other cases, the propensity may be kept
- 1:27:41Speaker 5: within bounds by the want of opportunities. In this case,
- 1:27:45Speaker 5: there can scarce ever be any want of opportunities. Physicians
- 1:27:51Speaker 5: are also agreed that this is a not infrequent cause
- 1:27:54Speaker 5: of indefference in each of the sexes to the other,
- 1:27:57Speaker 5: and in the male sex it often ends in impotence.
- 1:28:01Speaker 5: It is not only more mischievous to each person than
- 1:28:05Speaker 5: any of those other impurities, but it appears everywhere to
- 1:28:09Speaker 5: be much more frequent. In popular estimation, however, the guilt
- 1:28:15Speaker 5: of it is looked upon as much less than that
- 1:28:17Speaker 5: of any of them. And yet the real mischief we
- 1:28:20Speaker 5: see is incomparably greater. And yet it has never been
- 1:28:25Speaker 5: punished by any law. Would it then be right to
- 1:28:29Speaker 5: appoint punishment for it by no means? And for this
- 1:28:33Speaker 5: plain reason, because no punishment could ever have any effect.
- 1:28:37Speaker 5: It can always be committed without any danger, or at
- 1:28:40Speaker 5: least without any apparent danger of a discovery. Domestic discipline
- 1:28:47Speaker 5: the proper remedy against impurities. With regard to all the
- 1:28:53Speaker 5: abuses of the venereal appetite, while the party is under age,
- 1:28:57Speaker 5: they seem to be the proper objects of domesis discipline.
- 1:29:01Speaker 5: After he has come to be out of that jurisdiction,
- 1:29:04Speaker 5: or even while he is yet under it, these or
- 1:29:08Speaker 5: any other indecencies committed in the face of the public,
- 1:29:11Speaker 5: will be proper objects of the coercion of the laws.
- 1:29:15Speaker 5: While they are covered with the veil of secrecy, the
- 1:29:19Speaker 5: less that is set about them, and particularly by law.
- 1:29:22Speaker 5: The better end of Part five.
- 1:29:36Speaker 6: Part six of Offenses against one's Self. This is a
- 1:29:41Speaker 6: LibriVox recording. All LibriVox recordings are in the public domain.
- 1:29:45Speaker 6: For more information or to volunteer, please visit LibriVox dot org.
- 1:29:51Speaker 6: Recording by Corey Samuel Offenses against one's Self Pederasty by
- 1:29:57Speaker 6: Jeremy Bentham, Part six notes relative to Bentham's essay on pederasty,
- 1:30:07Speaker 6: distinction between physical impurity and moral the propensity is stronger
- 1:30:13Speaker 6: than there is reason to wish it should be to
- 1:30:15Speaker 6: confound moral impurity and turpitude with physical impurity and turpitude.
- 1:30:22Speaker 6: From observing the latter in any case, especially when combined
- 1:30:27Speaker 6: with pleasure to impute the former. From a man's being
- 1:30:32Speaker 6: thoroughly averse to a practice himself, the transition is but
- 1:30:36Speaker 6: too natural to his wishing to see all others punished
- 1:30:40Speaker 6: who give into it. Any pretense. However, slight which promises
- 1:30:46Speaker 6: to warrant him in giving way to this propensity, is
- 1:30:49Speaker 6: eagerly embraced. It is this cause which, more perhaps than
- 1:30:55Speaker 6: any other, more even than pecuniary interest, has contributed to
- 1:31:00Speaker 6: produce the persecutions that hath been raised upon the ground
- 1:31:04Speaker 6: of heresy. Different men will have different opinions, But for
- 1:31:10Speaker 6: my own part I must confess I cannot bring myself
- 1:31:14Speaker 6: to entertain so mean an opinion of the charms of
- 1:31:18Speaker 6: the better part of the species, or of the taste
- 1:31:21Speaker 6: of the other, as to suppose it can ever be
- 1:31:24Speaker 6: necessary to send a man to make love with a
- 1:31:27Speaker 6: halter about his neck. Antipathy, no sufficient warrant, non amote sabidi,
- 1:31:37Speaker 6: et cetera, may be quite enough when all the question
- 1:31:41Speaker 6: only is whether one shall see Sabidius or not see him.
- 1:31:46Speaker 6: But when the question is whether Sybidius should be buried
- 1:31:49Speaker 6: alive or let alone, the reasons which a man should
- 1:31:53Speaker 6: give for burning him alive may be expected to be
- 1:31:56Speaker 6: of a caste somewhat more substantial, whether it is an
- 1:32:02Speaker 6: affront to God. According to some, there are two sorts
- 1:32:08Speaker 6: of high treason, high treason against God the heavenly king,
- 1:32:13Speaker 6: and high treason against the earthly King. And this is
- 1:32:17Speaker 6: high treason against God. See a book of Old English
- 1:32:21Speaker 6: law entitled Miroir de Justice Chapter one, section four, Chapter four,
- 1:32:27Speaker 6: Section thirteen, Chapter two, Section eleven According to this account
- 1:32:33Speaker 6: of the matter, it is an offense scarce distinguishable from
- 1:32:37Speaker 6: that which the Titans were guilty of when they revolted
- 1:32:40Speaker 6: against Jupiter. Judge Fortescue, an Earl of Macclesfield, Chancellor of England,
- 1:32:47Speaker 6: and other sages of the English law seem to have
- 1:32:50Speaker 6: given in to this idea. Fortescue's reports for the case
- 1:32:55Speaker 6: of the King against wise men his lordship shows how
- 1:32:59Speaker 6: it came to be high treason against the King of Heaven.
- 1:33:04Speaker 6: It is of the nature of a challenge of which
- 1:33:07Speaker 6: that sovereign is the object, a direct affront to the
- 1:33:11Speaker 6: author of Nature and insolent expression of contempt of his wisdom,
- 1:33:16Speaker 6: condemning the provision made by him, and defying both it
- 1:33:20Speaker 6: and him. According to this account of the matter, the
- 1:33:25Speaker 6: offense should fall indifferently, either within our first class under
- 1:33:30Speaker 6: the title offenses against the persons of individuals reckoning God
- 1:33:34Speaker 6: as an individual, or within the fourth class under the
- 1:33:38Speaker 6: title of high treason. But this account of the matter,
- 1:33:42Speaker 6: however ingenious, seems hardly to be just whether it hurts population.
- 1:33:50Speaker 6: Bermondus bermondas a canonist, sided with approbation by the two
- 1:33:57Speaker 6: great English lawyers above mentioned, says that in this point
- 1:34:01Speaker 6: of view, it is worse than murder, for a murderer
- 1:34:05Speaker 6: destroys but one man, whereas a sodomite puts to death
- 1:34:09Speaker 6: every man that lives. Apodum tale picartum reputata gravius homicidio
- 1:34:17Speaker 6: aoquia unum homicidia unum hominem tantum sodomita autem totem genus
- 1:34:23Speaker 6: humanum delarey vedata. This, he assures us, is God's way
- 1:34:29Speaker 6: of taking the account. If this be the case, it
- 1:34:33Speaker 6: must be confessed that God's arithmetic is a little different
- 1:34:37Speaker 6: from man's arithmetic. The author of the article sodomy in
- 1:34:43Speaker 6: the law abridgment that goes by the name of Bacon's
- 1:34:46Speaker 6: is more moderate if any crime says he deserve to
- 1:34:51Speaker 6: be punished in a more exemplary manner. This does other
- 1:34:56Speaker 6: crimes are prejudicial to society. But this strikes a the
- 1:35:00Speaker 6: being thereof, for it is seldom known that a person
- 1:35:03Speaker 6: who has been once guilty of so unnatural an abuse
- 1:35:07Speaker 6: of his generative faculties has afterwards a proper regard for women.
- 1:35:14Speaker 6: God's burning sodom whether a sufficient warrant, it has been
- 1:35:20Speaker 6: observed with regard to this offense, that God himself punished
- 1:35:24Speaker 6: it with fire, And this has been given as a
- 1:35:26Speaker 6: reason not only for its being punished, but for its
- 1:35:30Speaker 6: being punished with fire. If God, according to supposition, has
- 1:35:36Speaker 6: punished any practice, it was either on account of the
- 1:35:39Speaker 6: mischievousness of the practice to society or on some other account.
- 1:35:45Speaker 6: If the practice be of the number of those which
- 1:35:48Speaker 6: are prejudicial to society, it will already be punished on
- 1:35:52Speaker 6: that ground. There is no occasion to mention any other.
- 1:35:57Speaker 6: If it be not prejudicial for society, there there can
- 1:36:00Speaker 6: be no other reason for society to meddle with it.
- 1:36:04Speaker 6: If it be for any other reason than being prejudicial
- 1:36:07Speaker 6: to society that God has punished the acting question, this
- 1:36:11Speaker 6: can be no reason at all for man's punishing it,
- 1:36:16Speaker 6: for there can be no reason but this to man.
- 1:36:19Speaker 6: If then God punished it, it was for a reason
- 1:36:22Speaker 6: which men cannot know. When it is clear that in
- 1:36:27Speaker 6: any individual instance, God has punished an act. In that
- 1:36:31Speaker 6: individual instance, the very circumstance of its being He who
- 1:36:35Speaker 6: punished it ought with us to be a sufficient reason
- 1:36:39Speaker 6: for his having done so. But when we can find
- 1:36:42Speaker 6: no other reason, if in any other individual instance of
- 1:36:46Speaker 6: the same sort, of act. God does not punish it,
- 1:36:50Speaker 6: there is no reason at all for punishing it. The
- 1:36:54Speaker 6: circumstance of His not punishing it in the latter instance
- 1:36:58Speaker 6: proves as much that it so ought not to be
- 1:37:00Speaker 6: punished in that case as the circumstance of His having
- 1:37:04Speaker 6: punished it in the former case proves that it was
- 1:37:07Speaker 6: right to punish it in that former case. For these
- 1:37:13Speaker 6: or other reasons, it is an opinion that seems to
- 1:37:16Speaker 6: spread more and more among divines of all persuasions, that
- 1:37:21Speaker 6: the miraculous and occasional dispensations of an extraordinary providence afford
- 1:37:27Speaker 6: no fit rule to govern the ordinary and settled institutions
- 1:37:31Speaker 6: of human legislators. If they were simple fornication, sparing enemies
- 1:37:39Speaker 6: taken in battle, the offense of Cora, Dathan, Abraham and
- 1:37:43Speaker 6: their partisans, for which fifteen thousand of the people suffered
- 1:37:46Speaker 6: death numbers Chapter sixteen, murmuring against authority and making mark
- 1:37:53Speaker 6: at old age, the offense for which two and forty
- 1:37:56Speaker 6: children were torn to pieces by bears at the intercession
- 1:37:59Speaker 6: of a life two kings Chapter two to mention those
- 1:38:04Speaker 6: cases only among a vast number had need to be
- 1:38:08Speaker 6: made capital offenses if any man, under the notion of
- 1:38:14Speaker 6: its being agreeable to God, would do any act that
- 1:38:17Speaker 6: is prejudicial to society, he should produce a particular commission
- 1:38:22Speaker 6: from God given him in that individual instance. If a
- 1:38:27Speaker 6: man without a special commission from God is to be
- 1:38:30Speaker 6: justified in doing any violent act that has ever been
- 1:38:34Speaker 6: done by a special commission from God, a man might
- 1:38:38Speaker 6: as well kill his son because God commissioned Abraham to
- 1:38:41Speaker 6: kill Isaac. With regard to the offense in question, if
- 1:38:47Speaker 6: it had been God's pleasure that it should be punished
- 1:38:49Speaker 6: throughout the earth with the punishment of fire, it seems
- 1:38:53Speaker 6: reasonable to conclude that He would at least have provided
- 1:38:57Speaker 6: for its being punished in that manner among his own
- 1:38:59Speaker 6: peace people, the Jews. But in the Jewish laws it
- 1:39:04Speaker 6: is only provided that such offenders should be put to
- 1:39:07Speaker 6: death generally, just as several kinds of incest and the
- 1:39:11Speaker 6: offense of performing conjugal duty at an unseasonable conjuncture at
- 1:39:16Speaker 6: be punished, as a proof that burning was not particularly intended,
- 1:39:21Speaker 6: but rather was meant to be excluded. In the next verse,
- 1:39:25Speaker 6: a particular kind of incest is mentioned, that of him
- 1:39:29Speaker 6: who has knowledge of a mother and her daughter, and
- 1:39:32Speaker 6: for this, the punishment of burning to death is specially
- 1:39:36Speaker 6: appointed Leviticus, chapter twenty. Even with regard to the cities
- 1:39:41Speaker 6: in question, it is not said that this was the
- 1:39:44Speaker 6: only one, nor even the greatest, of the offenses for
- 1:39:48Speaker 6: which those cities were destroyed. The offenses imputed to them
- 1:39:53Speaker 6: are in the English translation termed by the general names
- 1:39:57Speaker 6: of wickedness Genesis chapter eighteen and iniquity Ibidem chapter nineteen,
- 1:40:04Speaker 6: verse fifteen, and their conduct opposed to righteousness. In this
- 1:40:10Speaker 6: particular respect, the Canaanites in question could not be more
- 1:40:14Speaker 6: culpable than the ancient Greeks in that which is deemed
- 1:40:18Speaker 6: the most virtuous period of their history. Yet it appears
- 1:40:23Speaker 6: not that this punishment was ever inflicted by Heaven for
- 1:40:26Speaker 6: such a cause upon the ancient Greeks. True, it is
- 1:40:32Speaker 6: that the only offense which is mentioned as having been
- 1:40:35Speaker 6: committed by them on any individual occasion is an offense
- 1:40:39Speaker 6: of a sort which appears to have originated in the
- 1:40:42Speaker 6: depraved appetite in question. It is not, however, the same
- 1:40:46Speaker 6: offense precisely which in England is punished with simple death
- 1:40:51Speaker 6: and in France with burning, but one of a very
- 1:40:53Speaker 6: different complexion and of a much deeper dye. The offense
- 1:40:59Speaker 6: attempted by the profligate Canaanites carried with it to enormous aggravations.
- 1:41:06Speaker 6: One personal violence, which, by circumstance alone it stands raised
- 1:41:13Speaker 6: as much above the level of the offense which under
- 1:41:16Speaker 6: the name in question men ordinarily have in view, as
- 1:41:20Speaker 6: rape does above that of simple fornication. Two a violation
- 1:41:27Speaker 6: of hospitality, an aggravation of much greater odium, and indeed
- 1:41:32Speaker 6: of much greater mischief in a rude than in a
- 1:41:35Speaker 6: civilized state of society. Zeal shown against it in the
- 1:41:42Speaker 6: English Marine law in the Articles of War established for
- 1:41:47Speaker 6: the government of the English Navy in Article thirty two,
- 1:41:51Speaker 6: after providing with respect to this offense and other species
- 1:41:55Speaker 6: of impurity, that they shall be punished with death, it
- 1:41:59Speaker 6: is added without mercy by statute in the thirteenth year
- 1:42:03Speaker 6: of Charles second Statute one, Chapter nineteen.
- 1:42:08Speaker 5: Of all the.
- 1:42:09Speaker 6: Offenses of which a man in the maritime service can
- 1:42:11Speaker 6: be guilty burning a fleet, betraying it to the enemy,
- 1:42:15Speaker 6: and so forth, this is the only one which it
- 1:42:20Speaker 6: was thought proper to exclude from mercy. The safety of
- 1:42:24Speaker 6: the fleet and of the Empire were in the eyes
- 1:42:28Speaker 6: of the legislator. Objects of inferior account in comparison with
- 1:42:32Speaker 6: the preservation of a sailor's chastity, horror of singularity. In
- 1:42:41Speaker 6: persons of weak minds, anything which is unusual and at
- 1:42:46Speaker 6: the same time physically disgustful is apt to excite the
- 1:42:50Speaker 6: passion of hate. Hatred, when once excited, naturally seeks its
- 1:42:56Speaker 6: gratification in the tormenting or distrust of the object that
- 1:43:01Speaker 6: excited it. Many are the innocent animals who are punished
- 1:43:06Speaker 6: in this way for the crime of being ugly. To
- 1:43:10Speaker 6: this head, we may refer the propensity persons of weak
- 1:43:13Speaker 6: and irritable temperament, particularly women, have to the killing of
- 1:43:18Speaker 6: toads and spiders. The offspring of a woman, when it
- 1:43:23Speaker 6: has had any singularity, whereby it has been distinguished in
- 1:43:27Speaker 6: a remarkable degree from the ordinary race of human beings
- 1:43:31Speaker 6: under the name of monster, has often met with the
- 1:43:35Speaker 6: same treatment. Hermaphrodites, for example, who, not knowing what sex
- 1:43:40Speaker 6: they were, have performed the functions of both Envy has
- 1:43:46Speaker 6: here joined with antipathy in letting loose against these unfortunate people.
- 1:43:51Speaker 6: The fury of the dissocial appetite, any desire to hurt
- 1:43:56Speaker 6: any sensitive object which in any way has had to
- 1:44:00Speaker 6: become a cause of pain to us. Nay, even in
- 1:44:04Speaker 6: sensitive objects, is the natural instantaneous consequence of such pain,
- 1:44:10Speaker 6: and it always breaks out into evil, unless where reason
- 1:44:15Speaker 6: and reflection interfear and check it. But in these cases, reason,
- 1:44:22Speaker 6: far from checking, has appeared from some cause or other
- 1:44:27Speaker 6: to dictate such behaviour. Mischief to population reparable by fine
- 1:44:37Speaker 6: if population were the only object. The mischief that a
- 1:44:41Speaker 6: rich bachelor did by giving himself up to improlific vinary
- 1:44:46Speaker 6: might be amply repaired by obliging him to give a
- 1:44:49Speaker 6: marriage portion to two or three couples who wish for
- 1:44:52Speaker 6: nothing but in order to engage in marriage. Athenians wanted
- 1:44:59Speaker 6: but permission to marry two wives. When among the Athenians
- 1:45:05Speaker 6: the number of the people had received a dangerous reduction
- 1:45:08Speaker 6: by an unsuccessful war, what was the step taken to
- 1:45:12Speaker 6: repair it? All that was done was to permit to
- 1:45:17Speaker 6: every man that chose it to take two wives. This
- 1:45:22Speaker 6: shows that it was plain enough at that time of
- 1:45:25Speaker 6: day there was no want of inclination on the part
- 1:45:28Speaker 6: of the male sex towards women, and that there wanted
- 1:45:32Speaker 6: nothing but permission to dispose a man to extend his
- 1:45:35Speaker 6: connections with the other sex. And yet at no time,
- 1:45:41Speaker 6: and among no people, was the irregular appetite in question
- 1:45:45Speaker 6: more predominant. How come scratching not to be held abominable?
- 1:45:54Speaker 6: It is wonderful that nobody has ever yet fancied it
- 1:45:58Speaker 6: to be sinful to scratch where it is, and that
- 1:46:02Speaker 6: it has never been determined that the only natural way
- 1:46:05Speaker 6: of scratching is with such and such a finger, and
- 1:46:09Speaker 6: that it is unnatural the scratch with any other. As
- 1:46:13Speaker 6: in Russia, the only way of making the sign of
- 1:46:15Speaker 6: the cross is with two fingers, and it is heterodox
- 1:46:18Speaker 6: to make it with three. In ancient Persia, it was
- 1:46:23Speaker 6: infamous to have a cold, and to take those measures
- 1:46:26Speaker 6: which nature dictates for relieving oneself from the inconvenience of
- 1:46:30Speaker 6: such an indisposition Xenophon Chiropedia. Happily, for the Persians, under
- 1:46:38Speaker 6: the clear and steady atmosphere of that country, colds were
- 1:46:42Speaker 6: not altogether so endemical as under the humid and changeable
- 1:46:46Speaker 6: atmosphere of England. But in all countries it is a
- 1:46:51Speaker 6: practice that more or less has always been too frequent
- 1:46:56Speaker 6: to confound misfortune with criminality punishment not necessary for the
- 1:47:04Speaker 6: sake of women by the mild ordinances of nature. The
- 1:47:09Speaker 6: fair sex enjoy already a monopoly as perfect as other
- 1:47:14Speaker 6: monopolies are, and more perfect than they ought to be,
- 1:47:18Speaker 6: of the affections of the other. And this monopoly is
- 1:47:22Speaker 6: too well secured by the means that established it to
- 1:47:26Speaker 6: need the support of the harsh constitutions of penal laws.
- 1:47:31Speaker 6: A ribbon or ringle. It is a much more suitable
- 1:47:35Speaker 6: and not less powerful tie to bind a lover than
- 1:47:39Speaker 6: the hangman's rope of the executioner. The man may be
- 1:47:44Speaker 6: their friend, but it should not seem a very judicious
- 1:47:47Speaker 6: friend who would advise them to conciliate affection by horror
- 1:47:53Speaker 6: and by force. End of Part six notes, end of
- 1:48:02Speaker 6: Offenses against one's self Pederasty by Jeremy Bentham