hands out of the fire instinctively, for fear of natural, not legal penalties, which would be entailed by violence done to these instincts. The law only forbids men to do what their instincts incline them to do; what nature itself prohibits and punishes it would be superfluous for the law to prohibit and punish. Accordingly we may always safely assume that crimes forbidden by law are crimes which many men have a natural propensity to commit. If there were no such propensity there would be no such crimes, and if no such crimes were committed, what need to forbid them? Instead of assuming therefore, from the legal prohibition of incest, that there is a natural aversion to incest we ought rather to assume that there is a natural instinct in favor of it, and that if the law represses it, it does so because civilized men have come to the conclusion that the satisfaction of these natural instincts is detrimental to the general interests of society.”[1]
To this valuable argument of Frazer’s I can add that the experiences of psychoanalysis make the assumption of such an innate aversion to incestuous relations altogether impossible. They have taught, on the contrary, that the first sexual impulses of the young are regularly of an incestuous nature and that such repressed impulses
- ↑ l. c., p. 97.
