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
The censorship should not be constituted for the purpose of greatly
restricting freedom of expression, but, rather, only to check gross
license, with impartiality. Dramatic works might be dealt with by the
same authority as novels, memoirs, and other classes of literature.
Unless the whole scheme of a novel were to run on some revolting moral
question, it should not be condemned by the censorial authority, but
only those portions of it, individual words, lines, paragraphs, or
pages, impartially judged to offend. Once the work submitted had been
passed, subject to the deletion or alteration of condemned passages,
the possibility of a later questioning should be denied. In this way,
the irresponsible fanatic, who now acts as a police irritant or goad,
would have to turn his attention to other spheres of activity. The
existence of the censorship would therefore perform several services.
It would supply publishers and printers alike with definite knowledge
as to their immunity from legal attack. It would serve the purpose of
a barrier between the public and the publisher of obscene or indecent
or blasphemous prints. It would supply a certain sense of security to
the writer, whose copyright royalties are, under present circumstances,
frequently in danger. It would also relieve the magistracy and the
police from a comparatively trivial, though time-filling branch of
work. Some utility of purpose would also be fulfilled where plays are
concerned.
A great deal of gratuitous newspaper advertisement recently attached
to the writer of a play, which was refused the license of public
performance by the Lord Chamberlain. The whole disturbance was idle
enough in its effect, though it helped to recall the existence of the
Examiner of Plays--a person deputed by the Chamberlain to carry out the
work of censorship in practice. Political reasons were said to have
actuated the refusal of a license to produce the play. Such reasons
could also be made the basis for similar refusals (in connection
with dramatic productions, at any rate) on the part of the censorial
authority here advocated.
A censorship would free from the shackles of doubt and uncertainty all
those persons who contribute to the production of a book. An author
would know that at worst his writing was liable to expurgation. In
practice, this could even be carried out by the author himself, in
accordance with the directions supplied by the censorial authority. The
re-submission of the MS. to such authority would mean nothing more than
a further delay, of scant importance alongside the sense of security
afforded by the process.
On the whole, there can be no argument against censorship as strong
as the argument in favour of it, and that is the grossly inconsistent
method of dealing with _risqué_ literature at the present day.
CHAPTER VIII
CAPITAL PUNISHMENT, MURDER AND SUICIDE[28]
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