Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
There seems to be some need for the revision of the law applied
to literary productions. The subject is a peculiarly important one
to writers, printers and publishers, and, to a lesser extent, to
the public at large. When a publisher undertakes the publication
of a novel, for example, he involves himself in a liability for a
considerable sum for its production. The unknown writer may, by a
certain contributory process, bear a part of the burden borne by the
publisher. Only the writer with a name of one sort or another, or with
a certain circulation, can reach the stage which confers the advantage
of publication for reward. The publisher has his difficulties to
face in securing the services of a writer of this class, and, when
these difficulties have been overcome, he has the financial burden of
production to confront. This burden is in itself reasonably heavy,
with the result that he has to be most careful to avoid publishing any
matter, which may be condemned by the authorities as “indecent.” There
is something to be said as to what constitutes indecency, of course,
and this very uncertainty makes the publisher’s _métier_ the more
trying. It is more than trying; it is unfair.
The translated works of Marcel Prévost, a writer of genius, a member
of the Acadèmie Française, have been suppressed time and time again.
Théophile Gautier, Émile Zola, Guy de Maupassant, Gustave Flaubert,
and many other writers of the first water, have had the English
translations of their works suppressed. Admittedly, the freedom with
which sexual relations are dealt with by these writers has sometimes
been construed into indecency in this country. Certainly, the
translations, or many of them, are inferior in workmanship, and lend
themselves to condemnation by their very crudity. However this may be,
it is perfectly obvious that the legal method of dealing with indecent
or questionable literature is thoroughly inadequate, uncertain in its
effect, and needful of drastic improvement. That is to say, primarily,
a definite protection and security should be provided for the publisher
against loss arising out of the suppression of his publication. It may
be said, with partial propriety, that the best way for a publisher
to protect himself is not to publish _risqué_ works. But it must be
remembered that a publisher is not necessarily an expert on what
actually constitutes legal indecency, nor are his readers or advisers.
Public-domain text, read in full here on John Shaqi.
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