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
To be able to judge with some exactitude the decency or indecency of
sexual problem novels requires both legal and literary skill It is not
always so, naturally, though a certain number of works of literary
merit demand a high sense of discrimination in deciding their moral
limits. It is not precisely the immorality of a book which settles the
question: it is rather its treatment. There are many gross novels,
written by persons of inferior education. No doubt can exist as to
their indecency. But the publisher, perhaps, who undertakes their
publication, is merely careless in his methods. It is his duty,
indubitably, to take reasonable precaution; having failed to do so,
his position is a bad one. He may be prosecuted, committed for trial,
and imprisoned or fined, along with the printer. He also has to bear
the loss of production, a consideration in itself, as stated. His
“suppressed” novels become unsaleable at once.
A recent case at Bow Street Police Court was in a sense interesting
from the legal standpoint respecting indecent books. A prosecution was
started against the wholesale distributors of certain objectionable
novels, the work of an anonymous writer. The identity of the publisher
was not disclosed on the title pages of the books, nor did the
printer’s imprint appear. The distributors, therefore, stood _in loco
parentis_. They were mulcted in fines and costs to the extent of about
£400. The novels seized were ordered to be destroyed, as a matter of
course.
The technical basis for fines on such a scale was the absence of the
printer’s imprint--a legal necessity. The penalties attaching to an
infringement of the law on this subject make it worth the while of
every person responsible for the production of a book to preclude the
possibility of an oversight. Certainly, it may be assumed that the mind
of the magistrate was (in deciding the case above referred to) largely
influenced by the gross character of the books. Nevertheless, the
printer’s imprint should always appear.
By an anomaly of the law, a writer is not liable for the indecent
contents of his (in the recent case at Bow Street, “her”) books. That
is to say, so long as they do not constitute a libel upon someone. The
brunt of the trouble falls upon the printer and the publisher, more
particularly, in practice, upon the publisher.
One point which must strike the mind of any person interested in the
examination of books for publication is the very proper hostility of
the magistracy towards books, however excellent in literary quality,
which touch upon unnatural offences. In a novel of some merit--“_The
Hazard of the Die_”--a veiled suggestion, very veiled, it seemed,
of an unnatural association, ran through a portion of the book. It
was suppressed by the authorities, though it bore the imprint of a
respectable publisher.
Public-domain text, read in full here on John Shaqi.
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