本計畫探討德國在1970年代廢除「妨害風化罪」背後的知識論基礎及法律改革的源由。自19世紀德國刑法制訂以來，相關章節皆被貼上「妨害風化罪」（意及刑事犯罪的範疇蓋過興道德）。在1973年，這部分被改為妨害性自主罪嫌，以反映法律保護的是個人，而不是道德的認知。從德國學者Brueggemann 的觀點來看，過去的妨害風化罪概念都來自於一個特定的想法：種族與國家乃立基於家庭，家庭立基於婚姻，而婚姻則相對地立基於自然的、依法律規定所結合的異性戀共同體。從這個觀點來看，國家必須盡其最大可能來維繫「性別純度的極大化」（Geschlechtsreinheit），並維護「公序良俗」。因此，那些違反異性戀婚姻制度者，如亂倫，必須受到懲罰。在此所考量的是，倘若不以強制手段維持其運作方式，社會可能因此陷入混亂，在最嚴重的情況下，甚至可能危及社會進化。這也點出了，妨害風化罪指涉的不只是公共利益，也涉及那些被保護者的利益，例如，他們的性貞節與性別誠信。是否真如部分德國文獻所稱，是因《金賽報告》（Kinsey Reports）的性價值觀取代了社會進化論，才促成德國性法律的改革？ This research project examines the arguments on the governance of sexuality in the second half of the 20th century in Germany. It focuses on discovering the answers to the following questions. How did "Offenses against Morality" (Straftaten wider die Sittlichkeit) of the German Criminal Code, which was celebrated as the touchstone of social evolution, become a metonym for sexual discrimination? How did it become the icon of morality-coded politics of the mid-20th century in Germany? How did it form the key points of political changes? According to Johannes A. J. Brueggemann, the Foucauldian sexual governmentality exposes the origin of moral offenses. He demonstrated that the concept of morality, at that time, was based on the personal lives of people, which included the household that was essentially based on the family. The family depended on marriage, which exposed that sex-related laws were based on heterosexuality. From this view, it was concluded that the state was entitled to "the greatest possible sexual purity." Therefore, the reforms related to offenses against morality depended on relaxing the laws related to the sexual morality. Taiwan's legal system and legal provisions is based on that of Germany. The framework of sexual offenses against morality (Sittlichkeitdelikte) was frequently modified in the German Criminal Code since the 1960s; however, most of the offenses, which criminalize sexual minorities, against morality in the Taiwanese Criminal Code remain the same. It is important to understand how and why moral offenses were abolished. Could the Kinsey Reports be a great help, as some German scholars said? This understanding can help in predicting whether the changes in the German code will inspire legal change in Taiwan.
