The Malthusian Handbook: Designed to Induce Married People to Limit Their Families Within Their Means. — John Shaqi
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
of all the physical agony involved in a painful and dangerous
delivery and possible loss of life is immoral and unnatural.
The case of the Queen versus Bradlaugh and Besant (referred to at
length in the preceding chapter) had been cited as an authority
in support of the contention that The Law of Population was an
obscene book, inasmuch as the pamphlet which was the subject of that
prosecution, and for the publication of which the defendants were
convicted, advocated the adoption of preventive checks. Mr. Justice
Windeyer, however, refused to accept that case as a binding precedent:
As I have already pointed out, the case cannot be regarded as
an authority upon that point, as there the question was whether
the pamphlet was an obscene libel. Whether the verdict of the
jury was right in that case is not a matter of law, but of
opinion. Reading the summing-up of Lord Chief Justice Cockburn
with some knowledge of judicial modes of putting criminal cases
to a jury, it appears to me that, though expressing no direct
opinion as to its character, the learned Chief Justice thought
that the book was not an obscene libel, and was cautiously guiding
the jury to that conclusion. By the opinion of a jury coming to
the consideration of so delicate a question of social science as
was submitted to them, probably without any previous acquaintance
with subjects of the kind, I decline to be in any way bound; and
I have no hesitation in saying that, had I been a member of the
jury, I should have acted upon the reasoning of Lord Chief Justice
Cockburn, and acquitted the defendants. Not only does the whole
tenor of his Lordship's summing-up appear to me argumentatively in
favor of the defendants, but, from certain passages, it appears
to me that the inference is clearly to be drawn that he neither
thought the physiological details of the book were obscene,
nor was of opinion that its teaching would promote immorality.
Mr. Justice Windeyer quoted several passages from the judgment of Sir
Alexander Cockburn in support of his view that the Lord Chief Justice
did not regard the preventive checks recommended as immoral. How,
he asked, could any reasonable man condemn as immoral the wish of
married people to bring no more children into the world than they can
support, and the adoption of the necessary means to effect that wish?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account