Page:The Kiss and its History.djvu/77

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β. Between such as are engaged to be married,
γ. Between parents and children.
δ. Between relations.
ε. Between intimate friends; or,

II.—Unlawful, when they are given—

A. Out of treachery or malice.
B. Out of lust.

After this particularly happy attempt to reduce kissing to a system, our jurist maintains the view that all depends on the person who kisses and the person who is kissed.

If, for instance, a peasant or a vulgar citizen takes such a liberty as to kiss a noble and high-born lady against her will, her claim against the aggressor ought to be far greater than it would be in the case of one of less ignoble descent; but, on the other hand, if Hans steals from his Greta "an informal, hearty, rustic kiss," and she complains to the authorities about it, there will scarcely be any grounds for litigation.

On the whole, says he, a kiss between individuals of the same position in society is not to be regarded as a tort, and he more closely