Obviously, we are on shaky ground if we expect an honest answer when we ask people their attitudes about EMS. However, people also express their attitudes in laws and in their behaviour. In particular, some widespread hypocritical and sadistic features of human societies stem from two fundamental difficulties that men face in seeking EMS. Firstly, a man who pursues an MRS is trying to have it both ways: he wishes to obtain sex with other men's wives, while denying sex with his own wife (or wives) to other men. Some men therefore inevitably gain at the expense of other men. Secondly, as we have discussed, there is a realistic biological basis for men's widespread paranoia about being cuckolded.
Adultery laws provide a clear example of how men have dealt with these dilemmas. Until recently, essentially all such laws—Hebraic, Egyptian, Roman, Aztec, Moslem, African, Chinese, Japanese, and others—were asymmetrical. They existed to secure a married man's confidence in his paternity of his children, and for no other purpose. Consequently these laws define adultery by the marital status of the participating woman; that of the participating man is irrelevant. EMS by a married woman is considered an offence against her husband, who is commonly entitled to damages, often including violent revenge or else divorce with refund of the bride price. EMS by a married man is not considered an offence against his wife. Instead, if his partner in adultery is married, the offence is against her husband; if she is unmarried, the offence is against her father or brothers (because her value as a prospective bride is reduced).
No criminal law against male infidelity even existed until a French law of 1810, and that law only forbade a married man to keep a concubine in his conjugal house against his wife's wishes. Viewed from the perspective of human history, the absence or near-symmetry of modern Western adultery laws is a novelty that only appeared in the last 150 years. Even today, prosecutors, judges, and juries in the US and England often reduce a homicide charge to manslaughter of the lowest degree, or else acquit altogether, when a husband kills an adulterous wife or her lover caught in the act.
Perhaps the most elaborate system to uphold confidence of paternity was that maintained by Chinese emperors of the T'ang Dynasty. For each of the emperor's hundreds of wives and concubines, a team of court ladies kept records on dates of menstruation, so that the emperor could copulate with that wife on a date likely to result in fertilization. Dates of copulation were also recorded, and as an auxiliary form of record-keeping, were commemorated by an indelible tattoo on the woman's arm and by a silver ring on her left leg. It goes without saying that equal thoroughness was applied to excluding men other than the emperor from the harem. Men of other cultures have resorted to less complicated but even more repulsive means of ensuring paternity. These measures limit sexual access to wives, or else to daughters or sisters who would command a high bride price if delivered as proven virgin goods. Relatively mild measures include close chaperoning or virtual imprisonment of women. Similar purposes are served by the code of 'honour and shame' widespread in Mediterranean countries. (Translation: EMS for me but not for you; only the latter is a shame to my honour.) Stronger measures include the barbaric mutilations euphemistically and misleadingly termed 'female circumcision'. These consist of removal of the clitoris or most of the external female genitalia to reduce female interest in sex, marital or extramarital. Men bent on total certainty invented infibulation, suturing a woman's labia majora nearly shut, so as to make intercourse impossible. An infibulated wife can be de-infibulated for childbirth or for re-insemination after each child is weaned, and can be re-infibulated when the husband takes a long trip. Female circumcision and infibulation are still practised in twenty-three countries today, from Africa through Saudi Arabia to Indonesia. When adultery laws, imperial records, and coercive restraint still fail to ensure paternity, murder is available as a last resort. The role of sexual jealousy as one of the commonest causes of homicide emerges from studies in many American cities and in many other countries. Usually, the murderer is a husband while the victim is his adulterous wife or her lover, or else the lover kills the husband. The table on the following page gives some actual numbers for murders committed in Detroit in 1972. Until the formation of centralized political states provided soldiers with loftier motives, sexual jealousy also loomed large in human history as a cause of war. It was the seduction (abduction, rape) by Paris of Mefielaus's wife Helen that provoked the Trojan War. In the modern New Guinean highlands, only disputes over ownership of pigs rival disputes over sex in triggering war.
Asymmetric adultery laws, tattooing of wives after insemination, virtual imprisonment of women, genital mutilation of women—these behavioural habits are unique to the human species, defining humanity as much as does invention of the alphabet. More exactly, they are new means to the old evolutionary goal of males promoting their genes. Some of our other means to this goal are ancient ones shared with many animals, including jealous murder, infanticide, rape, inter-group warfare, and adultery itself. Human male infibulators stitch the vagina closed; some male animals achieve the same result by cementing a female's vagina after copulating with her.
Sociobiologists have had considerable success at understanding the marked differences among animal species in the details of these practices. As a result of recent research, it is no longer controversial to conclude that natural selection caused animals to evolve behavioural patterns, as well as anatomical structures, that tend to maximize the number of their descendants. Few scientists doubt that natural selection moulded human anatomy. However, no theory has caused such bitter divisions among my fellow biologists today as the claim that natural selection likewise moulded our social behaviour. Most of the human behaviour discussed in this chapter is considered barbaric by modern Western society. Some biologists are outraged not only by the behaviours themselves, but also by sociobiological explanations for the evolution of the behaviours. To 'explain' a behaviour seems uncomfortably close to defending it.
Like nuclear physics and all other knowledge, sociobiology is available for abuse. People have never lacked pretexts to justify the abuse or killing of other people, but ever since Darwin formulated his theory of evolution, evolutionary reasoning has also been abused as such a pretext. Sociobiological discussions of human sexuality can be seen as seeking to justify men's abuse of women, analogous to the biological justifications advanced for whites' treatment of blacks or Nazis' treatment of Jews. In the critiques that some biologists have directed at sociobiology, two fears recur: that a demonstrated evolutionary basis for a barbaric behaviour would seem to justify it; and that a demonstrated genetic basis for the behaviour would imply the futility of attempts at change.
In my view, neither fear is warranted. As for the first, one can seek to understand how something arose, regardless of whether one considers that something admirable or abominable. Most books analysing the motives of murderers are not written in an effort to justify murder, but instead to understand its causes as a way of preventing it. As for the second fear, we are not mere slaves to our evolved characteristics, not even to our genetically acquired ones. Modern civilization is fairly successful at thwarting ancient behaviours like infanticide, and one of the main objectives of modern medicine is to thwart the effects of our harmful genes and microbes, despite our having come to understand why it is natural for those genes and microbes to tend to kill us. The case against infibulation does not collapse even if the practice can be shown to be genetically advantageous to male infibulators. Instead, we condemn it because we hold the mutilation of one person by another to be ethically loathsome.