Note 471 — Chapter III
Henry P. (Henry Pomeroy) Horton translation
In setting forth the etiology of adultery we have been giving the reasons why it has been designated as a crime. Little by little the conception of marriage has been modified in consequence of the social changes that have taken place; there is a growing number of persons who consider the life in common permissible only when both parties desire it without being constrained by the law. The partisans of this opinion disapprove of adultery, but for different reasons from others, who consider it as the infraction of an acquired right. Professor Ferri formulates this new morality as follows. “What is vile about adultery is not that it is an assault upon individual property, it is the disloyalty of the act, the trickery and hypocrisy of it.”471