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
Setting aside all question of literary values, there is one notorious
novel which seems to be as indecent in some places as the novel
“According to St. Paul.” The former--it must be left nameless here--was
sold openly for several years in London, and, so far as one knows, is
still sold openly. The latter, in its original form, at any rate, was
extinguished twice over at Bow Street. Now the distinction between
the two novels lies almost wholly in the quality of the writing. If
this question of quality were to rigidly decide the result of every
prosecution, there would be no need to say any more. But it forms
an untrustworthy precedent, battered down in dozens of other cases.
Consequently, the pursuivant of letters is left confronted by doubt
and uncertainty. If he be endowed with skill, he is forced to use such
skill in evading much which may be artistic and human in its import.
He must treat his subject with great circumspection, hamper himself
at every point, and leave his best efforts untried. For, after all,
“best efforts” in the writing of novels are often those produced by
the treatment of passion, not necessarily indelicately. Passion is,
however, a pitfall to the English or American novelist.
A writer who knows “things” has a better chance of escaping difficulty
than one who flounders into print on a meagre social knowledge. This is
the utmost that can be said, and it is not satisfactory either to the
writers themselves, or to the publishers. In short, what really seems
to be needed is a system of censorship. It would protect publishers
and printers, and save writers some anxiety. It should, perhaps, take
the form of a small department, non-political in character, with a
staff of qualified persons, whose duty it would be to read and “pass”
or “reject,” subject to alteration, all manuscripts submitted by
publishers.
Public-domain text, read in full here on John Shaqi.
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