Jurgen and the law : $b A statement, with exhibits, of the Court's opinion, and the brief for the defendants on motion to direct an acquittal
General
Jurgen and the law : $b A statement, with exhibits, of the Court's opinion, and the brief for the defendants on motion to direct an acquittal
Cabell, James Branch, 1879-1958. Jurgen; Pornography -- Law and legislation
“It is very difficult to see upon what theory these
world-renowned classics can be regarded as specimens of that
pornographic literature which it is the office of the Society for
the Suppression of Vice to suppress, or how they can come under
any stronger condemnation than that high standard literature
which consists of the works of Shakespeare, of Chaucer, of
Laurence Sterne, and of other great English writers, without
making reference to many parts of the Old Testament Scriptures,
which are to be found in almost every household in the land. The
very artistic character, the high qualities of style, the absence
of those glaring and crude pictures, scenes, and descriptions
which affect the common and vulgar mind, make a place for books
of the character in question, entirely apart from such gross and
obscene writings as it is the duty of the public authorities
to suppress. It would be quite as unjustifiable to condemn the
writings of Shakespeare and Chaucer and Laurence Sterne, the
early English Novelists, the playwrights of the Restoration, and
the dramatic literature which has so much enriched the English
language, as to place an interdict upon these volumes, which have
received the admiration of literary men for so many years.” (_Re
Worthington Co._, 30 N. Y. Supp. 361, 362; 24 L. R. A. 110.)
Andrews, _J._:
“With the author’s felicitous style, it contains passages of
purity and beauty * * * Here is the work of a great author,
written in admirable style, which has become a part of classical
literature.” (_Halsey_ v. _N. Y. Society_, 234 N. Y. 1, 4, 6.)
Seabury, _J._:
“Offensive as some of the phrases of this book undoubtedly are
to the taste of our day, yet I do not think we can declare a
contract for its sale illegal on this account.” (_St. Hubert
Guild_ v. _Quinn_, 64 Misc. 336, 338.)
Literature, to use the phrase of Matthew Arnold, is nothing more nor
less than a criticism of life, of the relation of man to the universe
and to his fellow man. When any phase of that subject is discussed,
then you have literature, though you may not agree with the point of
view which the author advocates. Thus, in one of the cases from which
we have already frequently cited, Seabury, _J._, points out the violent
differences of opinion that arose and still exist, regarding Voltaire’s
“Maid of Orleans”:
“Frederick the Great admired it and paid it the doubtful
compliment of imitation, and Condorcet regarded it only as an
attack upon hypocrisy and superstition. Less prejudiced critics
than these condemn it with severity, and even admirers of
Voltaire regret that there are passages in it which have dimmed
the fame of its author.” (_St. Hubert Guild_ v. _Quinn_, 64 Misc.
336, 338.)
Public-domain text, read in full here on John Shaqi.
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