The Malthusian Handbook: Designed to Induce Married People to Limit Their Families Within Their Means.Anonymous
Philosophy
The Malthusian Handbook: Designed to Induce Married People to Limit Their Families Within Their Means.
Anonymous
Birth control; Malthusianism
Mr. Justice Windeyer said he accepted this view as the law, and
the question for consideration was whether the chapter detailing
prudential checks made the publication obscene. To determine this,
it was necessary to consider the work as a whole, in order that it
might be ascertained whether the language complained of was warranted
by the occasion:
As it cannot be denied that the question propounded for discussion
is of enormous importance, and that it is right to advocate in
the abstract the expediency of checking the advancing tide of
population, it appears to me impossible to contend that language
which tells how this may be done is obscene if it goes no further
than is necessary for this purpose. Having carefully read the
third chapter of the pamphlet, it appears to me to be written in
all decent sobriety of language. I see nothing in its language
which an earnest-minded man or woman of pure life and morals might
not use to one of his or her own sex, if explaining to him or her
what was necessary in order to understand the methods suggested
by which married people could prevent the number of their children
increasing beyond their means of supporting them. There is nothing
which points to the conclusion that any language is used with
the intention of exciting feelings of wantonness and lust; and
it requires but slight acquaintance with the medical profession
to discover that the advice given in this chapter is frequently
given by them to women suffering from over-childbearing, and to
those to whom parturition is dangerous. The information afforded
in the third chapter of the pamphlet, if given by a medical man
to a patient suffering from over-maternity, or if whispered in
matrimonial confidence, or imparted in the privacy existing between
the author and the reader of her pamphlet, is not obscenity; though
the public proclamation of the same information on a placard in
George Street or Piccadilly, so that all who ran might read,
would be an obscenity of the grossest kind, so clearly do the
circumstances of a publication alter its character. If admitted,
as it is, that the information, physiological and otherwise, given
in Chapter III. can be found in medical works of an expensive kind,
it cannot affect the character of the information for obscenity
that it is given in a cheap form. Information cannot be pure,
chaste and legal in morocco at a guinea, but impure, obscene
and indictable in a paper pamphlet at sixpence. The information,
to be of value in a national point of view as a safeguard from
the miseries of over-population and overcrowding, must be given
wholesale to the masses likely to over-breed. The time is past when
knowledge can be kept as the exclusive privilege of any caste or
class. The fact that a book may excite prurient thoughts if used
Public-domain text, read in full here on John Shaqi.
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