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 — John Shaqi
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
A better fate befalls the allied city of Pseudopolis. There live those
of the Grecian spirit, of that spirit of Hellenism which, according to
Matthew Arnold, wars always with the genius of Philistia. There abides
Helen of Troy. Her Jurgen sees (224-9) the occasion being much the same
as that which is pictured in Keats’ “St. Agnes Eve”. These people the
Philistines could not slay, for “when the Philistines shouted in their
triumph, Achilles and all they who served him rose from the ground like
gleaming clouds and passed above the heads of the Philistines, deriding
them” (231). But Jurgen and the people of ordinary conventionality
perished, and thus our next view of Jurgen finds him in Hell.
The Hell to which he has gone is the Hell of his forefathers, being
in truth but a monument to their egotism. They built it “out of the
pride which led them to believe that what they did was of sufficient
importance to merit punishment” (253). There Jurgen sees his father
standing calmly in the midst of an especially tall flame, and very
well satisfied with it, because of his confidence that he is important
enough to deserve a special place in Hell. Therefore he is angry when
the attendant devil does not sufficiently tend his furnace (254, 260-7).
It is not obscene, at least at common law, to speak lightly of Hell.
If it were otherwise a great many books would be condemned. Every
lawyer knows what was said about Lord Hatherley, when he, sitting in
the Privy Council, held that the calvinistic idea of Hell was not
part of the religion of the Church of England. It was said that Lord
Hatherley had dismissed Hell with costs and had deprived thousands of
their hope of everlasting damnation. Nor is it obscene to represent
that there are people whose sense of personal importance rules even
in death, people who think that their sins are greater than the sins
of anybody else, not because of their quality as sins but because of
the persons who commit them. And, pausing yet further at this point,
let us suggest that if it is lewd to make fun of Philistia, then all of
Matthew Arnold’s books should be burned by the hangman; and certainly
Whistler’s book, “The Gentle Art of Making Enemies”, should never have
been allowed in public print. Indeed it was Arnold, the father-in-law
of a late most respectable member of this Bar, who invented the term
Philistines as used in the present connection. Mr. Cabell has simply
put in another form the protest that can be made against this point of
view. At least it is open to protest.
Public-domain text, read in full here on John Shaqi.
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