Page:Annie Besant, Is the Bible Indictable.djvu/9

 necessary for the legislature to interpose" (Hansard, vol. 146, No. 4, p. 865).

The ruling of the present Lord Chief Justice in the late trial is in direct opposition to the view taken by Lord Campbell. The chief says: "Knowlton goes into physiological details connected with the functions of the generation and procreation of children. The principles of this pamphlet, with its details, are to be found in greater abundance and distinctness in numerous works to which your attention has been directed, and, having these details before you, you must judge for yourselves whether there is anything in them which is calculated to excite the passions of man and debase the public morals. If so, every medical work is open to the same imputation" (Trial, p. 261). The Lord Chief Justice then refers to the very species of book against which Lord Campbell said that he directed his Act. "There are books," the chief says, "which have for their purpose the exciting of libidinous thoughts, and are intended to give to persons who take pleasure in that sort of thing the impure gratification which the contemplation of such thoughts is calculated to give." If the book were of that character it "would be condemnable," and so far all are agreed as to the law. But Sir Alexander Cockburn goes further, and here is the danger of his interpretation of the law: "Though the intention is not unduly to convey this knowledge, and gratify prurient and libidinous thoughts, still, if its effect is to excite and create thoughts of so demoralising a character to the mind of the reader, the work is open to the condemnation asked for at your hands" (Trial, p. 261). Its effect on what reader? Suppose a person of prurient mind buys Dr. Carpenter's "Human Physiology," and reads the long chapter, containing over 100 pages, wholly devoted to a minute description of generation; the effect of the reading will be "to excite and create thoughts of" the "demoralising character" spoken of. According to the Lord Chief Justice's ruling, Dr. Carpenter's would then become an obscene book. The evil motive is transferred from the buyer to the seller, and then the seller is punished for the buyer's bad intent; vicarious punishment seems to have passed from the church into the law court. There can be no doubt that every medical book now comes under the head of "obscene literature," for they may all be read by impure people, and will infallibly have the affecteffect [sic] of arousing prurient thoughts; that they are written for a good purpose, that they are written to cure disease, is