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
Writers are at present hampered and restricted in the treatment of
ordinary sexual relations by many of the more important subscription
libraries. A writer has to consider his publisher, and the publisher
has to give some thought to his market. What has sometimes been
described as “the library ban” curtails the field of description to a
greater extent than the public authorities.
Whether or not all these bulwarks improve or protect the morals of the
kingdom is a moot question. To the ruthless mind, they seem to savour
of excess. Why any one body of persons, of no particular qualification,
should decide what is good and what is harmful for another superior
order to read is fantastic and even stupid to a degree. This
_quasi_-censorship may be beneficial in theoretically protecting the
young and innocent mind from coming into too early contact with pages
from life, but it is hardly considerate of those maturer readers
who may be anxious to be drawn from their own _ennuis_ by the light
treatment of other people’s. The suppression of all printed matter
relating to sexual difficulties, from divorce reports to novels and
plays, from classics to social memoirs, might tend perhaps to check an
increase of knowledge in the very young, though as long as we are human
beings and not metallic automata it may be presumed with some safety
that sexual relations will scarcely become extinct! Why the adolescent
mind should have to be rescued from a problematic contact with certain
printed matter, when, _per se_, proper upbringing should turn it
against depravity, one almost fails to see.
Of course, questions of morality and immorality have their degrees.
For instance, the most ardent supporters of freedom in connection with
literary works would not be able to give countenance to such gross
indecency as that exhibited in John Cleland’s notorious book. There are
similar publications, secretly distributed at the present day, which
would revolt the most worldly libertine.
Indeed, the dissemination of descriptive debauch should not stand
on a legal par with the publication and distribution of ordinarily
indecent books, such productions, for instance, as those named in the
recent Bow Street case. With regard to these latter publications, all
of which, in their original state, were examined and condemned by
the present writer, prior to the police prosecution, crudity of tone
and workmanship were as conspicuous as defective decency. The novel
translated from the French of Marcel Prévost was almost as careless
and rough in its finish as the English novels which fell under the
destruction order at the same time. Though all of these publications
were in places definitely indecent, unquestionably so, they did not
approximate the filth which finds a more secret means of distribution.
Public-domain text, read in full here on John Shaqi.
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