Is the Bible Indictable?: Being an Enquiry whether the Bible Comes within the Ruling of the Lord Chief Justice as to Obscene LiteratureBesant, Annie
Religion
Is the Bible Indictable?: Being an Enquiry whether the Bible Comes within the Ruling of the Lord Chief Justice as to Obscene Literature
Besant, Annie
Bible -- Examinations, questions, etc.; Bible -- Miscellanea; Pornography -- Law and legislation
The ruling of the present Lord Chief Justice in the late trial is in
direct opposition to the view taken by Lord Campbell. The chief says:
"Knowlton goes into physiological details connected with the functions
of the generation and procreation of children. The principles of this
pamphlet, with its details, are to be found in greater abundance and
distinctness in numerous works to which your attention has been
directed, and, having these details before you, you must judge for
yourselves whether there is anything in them which is calculated to
excite the passions of man and debase the public morals. If so, every
medical work is open to the same imputation" (Trial, p. 261). The Lord
Chief Justice then refers to the very species of book against which Lord
Campbell said that he directed his Act. "There are books," the chief
says, "which have for their purpose the exciting of libidinous thoughts,
and are intended to give to persons who take pleasure in that sort of
thing the impure gratification which the contemplation of such thoughts
is calculated to give." If the book were of that character it "would be
condemnable," and so far all are agreed as to the law. But Sir Alexander
Cockburn goes further, and here is the danger of his interpretation of
the law: "Though the intention is not unduly to convey this knowledge,
and gratify prurient and libidinous thoughts, still, if its effect is to
excite and create thoughts of so demoralising a character to the mind of
the reader, the work is open to the condemnation asked for at your
hands" (Trial, p. 261). Its effect on what reader? Suppose a person of
prurient mind buys Dr. Carpenter's "Human Physiology," and reads the
long chapter, containing over 100 pages, wholly devoted to a minute
description of generation; the effect of the reading will be "to excite
and create thoughts of" the "demoralising character" spoken of.
According to the Lord Chief Justice's ruling, Dr. Carpenter's would then
become an obscene book. The evil motive is transferred from the buyer to
the seller, and then the seller is punished for the buyer's bad intent;
vicarious punishment seems to have passed from the church into the law
court. There can be no doubt that every medical book now comes under the
head of "obscene literature," for they may all be read by impure people,
and will infallibly have the effect of arousing prurient thoughts; that
they are written for a good purpose, that they are written to cure
disease, is no excuse; the motive of the writer must not be considered;
the law has decided that books whose intention is to convey
physiological knowledge, and that not unduly, are obscene, if the
reader's passions chance to be aroused by them; "we must not listen to
arguments upon moral obligations arising out of any motive, or out of
any desire to benefit humanity, or to do good to your species" (Trial,
p. 237). The only protection of these, otherwise obscene, books lies in
Public-domain text, read in full here on John Shaqi.
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