11. Reigen
box 19/1
20
For centuries, the task of censorship of literature,
which was likely to corrupt public morality, has
devolved upon the magistrates or judges sitting at
criminal terms. Literature, which in the past has
been adjudged by judges of eriminal courts, as fall¬
ing within the ban of prescribed literature, has,
with time, met with public approval, and some of it
is to be found in classic libraries and among the
books recommended for the education of the rising
generation.
While on the other hand, certain books ofa char¬
acter which, judged by some criterion, might have
been construed as offensive, have, ever since their
original publication, for centuries, been in the libra¬
ries of our public schools, as well as high-schools.
Among these later ones could perhaps be mentioned
Shakespeare's“ The Passionate Pilgrim' as well as
some works of Sterne, and many other anthors. At
best, the duty of the magistrate, who is asked to
pass on the moralistie qualities of contemporary
literature, is one of very serious responsibility and
must be scrupulously approsched.
Undoubtedly, some criterion ought to guide a
judge in coming to a determination on a tendeney
of disputed literature which is submitted to him for
determination. It would seem that such eriterion
should be two-fold in its character.
In the first place, the judge must take into con¬
sideration the time and the place where such litera¬
ture is given cireulation, and the tendency of such
literature to affect the morals, and its likelihood
to corrupt.
The precedents for the changeability of standards
of public morality are plentiful in history. We need
only be reminded that one of the great fgures of
the American Revolution, Thomas Paine, was in¬
dicted and tried in England, forthe publication of
the“The Riz ht of Man' in 1797, before Lord Chief
Justice Kenyon. (Stephen, Volume 2, page 473;
see also 26 Bowell’s State trials, 644.) To-day, the
works of Paine are available to the mature readers
of both England, as well as America. The case of
the trial of Charles Bradlaugh, is in point.
In 1883, Bradlaugh was tried under the acts of
William and Mary, and although he was acquitted
Sie en
box 19/1
20
For centuries, the task of censorship of literature,
which was likely to corrupt public morality, has
devolved upon the magistrates or judges sitting at
criminal terms. Literature, which in the past has
been adjudged by judges of eriminal courts, as fall¬
ing within the ban of prescribed literature, has,
with time, met with public approval, and some of it
is to be found in classic libraries and among the
books recommended for the education of the rising
generation.
While on the other hand, certain books ofa char¬
acter which, judged by some criterion, might have
been construed as offensive, have, ever since their
original publication, for centuries, been in the libra¬
ries of our public schools, as well as high-schools.
Among these later ones could perhaps be mentioned
Shakespeare's“ The Passionate Pilgrim' as well as
some works of Sterne, and many other anthors. At
best, the duty of the magistrate, who is asked to
pass on the moralistie qualities of contemporary
literature, is one of very serious responsibility and
must be scrupulously approsched.
Undoubtedly, some criterion ought to guide a
judge in coming to a determination on a tendeney
of disputed literature which is submitted to him for
determination. It would seem that such eriterion
should be two-fold in its character.
In the first place, the judge must take into con¬
sideration the time and the place where such litera¬
ture is given cireulation, and the tendency of such
literature to affect the morals, and its likelihood
to corrupt.
The precedents for the changeability of standards
of public morality are plentiful in history. We need
only be reminded that one of the great fgures of
the American Revolution, Thomas Paine, was in¬
dicted and tried in England, forthe publication of
the“The Riz ht of Man' in 1797, before Lord Chief
Justice Kenyon. (Stephen, Volume 2, page 473;
see also 26 Bowell’s State trials, 644.) To-day, the
works of Paine are available to the mature readers
of both England, as well as America. The case of
the trial of Charles Bradlaugh, is in point.
In 1883, Bradlaugh was tried under the acts of
William and Mary, and although he was acquitted
Sie en