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 will probably be advisable at this point to explain the details of
the lance and the veil as used in this Devil’s Mass. The explanation,
fortunately, can be shortly put. The lance was a real lance, which
the hooded man handed to Jurgen (153). The veil was also real. It
hung before the _adytum_ (Gr. = inner part of a temple) and inside
this adytum, beyond the veil, was the cross with a toad nailed upon
it (157). The tip of the lance was red (154) and with it the veil
was pierced that concealed the cross, but upon the cross hung the
disgusting figure of a toad. The whole thing was, as Jurgen called it
on the spot, a piece of “God-baiting”, a mockery, after the manner of
the mediæval necromancers, of the mystery of the Passion of the Cross,
of the lance that pierced a sacred Side, of the veil of the Temple that
broke with a certain event which changed all the tides of history.
Taking it by itself this incident is not obscene or lewd; for mockery
of sacred belief does not, as matter of law, fall into that class. An
attack on religious belief cannot be indictable as an obscenity under
Section 1141 of the Penal Code; if prosecuted, it must be indicted as
a libel (_People_ v. _Eastman_, 188 N. Y. 478). _But we will not allow
the defendants, nor Mr. Cabell, the author, to remain for a moment
solely under that protection. This book puts forth the attack upon
the Christian belief, not to support the attack, but to deride the
attack itself._ It is a matter of common observation that _infidelity
itself partakes of a religious fervor, and it is of that fervor that
Jurgen makes fun_. “Well, well!” says Jurgen, “but you are a little old
fashioned, with all these equivocal mummeries” (157). Being “skeptical”
(165) he denies that “death is going to end all for him” (171). And so
Cocaigne “does not satisfy him” (172), he expresses his discontent at
length (163-170) until Anaitis, in wrath, calls him “irreverent” (167),
and that leads to their parting.
Surely that is a moral ending! Jurgen leaves Anaitis, his heart and
mind not going along with the beliefs and practices of a goddess who
enjoys every “far-fetched frolic of heathenry”, and who goes forth into
the world to tempt people like St. Simeon Stylites and the hermits of
the Thebaid (176). If it is unlawful to say that in print, then we
must suppress Flaubert’s “Temptation of St. Anthony”, and we should
certainly never permit “Tannhäuser” or “Thais” to be sung at the
Metropolitan.
Then what survives all of this? What indeed but the words of one of the
goddess’ friends, the Master Philologist, who says: “The Jewish mob
spoke louder than He Whom they crucified. But the Word endures” (182).
Jurgen, in short, tires of this place, a place where “it appears that
their notion of felicity is to dwell eternally in a glorified brothel”
(187).
Public-domain text, read in full here on John Shaqi.
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