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
Undeniably, it is extremely difficult as a rule to obtain information
which will reasonably lead to a conviction. Much the same may be said
in connection with the sale of indecent photographs, “pictures,” etc.
This disgusting traffic appears to exist, if it does not actually
thrive. An alien, one of those aliens clothed in the name of “Harris,”
as it happened, received a sentence of three months’ imprisonment, to
be followed by deportation, from the Common Serjeant in February, 1911,
for selling indecent photographs. Cases of the sort arise from time to
time, but it may be assumed that the majority of the offenders escape
scot free, for the simple reason that they do not get “found out.” The
topic is not sufficiently interesting or important to warrant further
notice.
What actually concerns writers, publishers and the public at the
present time is the betterment of the system of freely circulating all
books. This may be taken to refer, not to the “library ban,” which is
influential only from the financial standpoint, but to the application
of the law controlling questionable literature.
The police authorities scarcely indulge in wild hunts for the ghosts
and goblins of indecency until their attention has been very definitely
drawn to the existence of a likely field. That is to say, complaints
come in, and in certain cases they are gone into, with the result that
a prosecution ultimately follows. There are, perhaps, plenty of people
who spend their time in searching for indecent paragraphs in trumpery
novels. It is on their initiative that the police are compelled to
have the works complained of examined, and, if the same are found
to be strong enough to support a prosecution, a prosecution is the
result. Now the whole machinery associated with such a prosecution is
cumbersome, variable and unsatisfactory. The most choice work of genius
may fall under the same axe as the literary outpourings of a woman
better adapted to the _métier_ of a _cuisinière_. It is the difference
in quality and the similarity in fate which demand criticism. The
police defence would be that there exists in the works of both types
the common fault of indecency. (The word “police” is used for want of
a better descriptive title for the persons actually engaged in the
examination of questioned publications.) That may be true enough.
Suppose, however, that a worldly magistrate chooses to discriminate,
suppose also that he is fortunate in having some tangible ground for
doing so, the decision of the case must tend towards the support of the
able writer and the condemnation of the material produced by the writer
whose _raison d’être_ is base.
Public-domain text, read in full here on John Shaqi.
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