Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
What tests, further, are they to apply? Broadly speaking, we suppress
publications on the ground that they are obscene or dangerous. But no
one has ever arrived at a working definition of obscenity, even for
legal purposes. Take, for instance, two books suppressed by the English
magistrates for obscenity in 1929. One, Miss Radclyffe Hall’s _Well of
Loneliness_, seemed to men like Mr Arnold Bennett and Mr Bernard Shaw a
work which treated of a theme of high importance to society in a sober
and high-minded way. They saw no reason to suppose that the treatment
of its difficult subject--sexual perversion--could be regarded by any
normal person as offensive. The magistrate, Sir Chartres Biron, took a
different view. I, certainly, am not prepared, on _a priori_ grounds,
to say that a lawyer, however well-trained in the law, has a better
sense of what is likely to produce moral depravity than Mr Bennett or
Mr Shaw; and a reading of Miss Hall’s dull and sincere pamphlet only
reinforces that impression. Another book was distributed privately and
secretly--Mr D. H. Lawrence’s _Lady Chatterly’s Lover_--in a limited
and expensive special edition. I gather that its public sale would
have been definitely prohibited. Yet I observe that some of the most
eminent American critics have praised it as the finest example of a
novel seeking the truth about the sexual relations of men and women
that an Englishman has published in the twentieth century. That may
be--I am not competent to say--excessive praise. My point is that in a
choice, say, between the average police magistrate and Mr Robert Morss
Lovett, I am not prepared to accept the former’s opinion of what I may
be safely left to read.
Public-domain text, read in full here on John Shaqi.
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