This implies a new
definition of legal blasphemy, and is entirely contrary to the intention
of the laws. Sir
[245] J. F. Stephen pointed out that the decisions of judges from the
time of Lord Hale (XVIIth century) to the trial of Foote (1883) laid
down the same doctrine and based it on the same principle: the doctrine
being that it is a crime either to deny the truth of the fundamental
doctrines of the Christian religion or to hold them up to contempt or
ridicule; and the principle being that Christianity is a part of the law
of the land.
The apology offered for such prosecutions is that their object is to
protect religious sentiment from insult and ridicule. Sir J. F. Stephen
observed: "If the law were really impartial and punished blasphemy only,
because it offends the feelings of believers, it ought also to punish
such preaching as offends the feelings of unbelievers. All the more
earnest and enthusiastic forms of religion are extremely offensive to
those who do not believe them." If the law does not in any sense
recognize the truth of Christian doctrine, it would have to apply the
same rule to the Salvation Army. In fact the law "can be explained and
justified only on what I regard as its true principle--the principle of
persecution." The opponents of Christianity may justly say: If
Christianity is false, why is it to be attacked only in polite language?
Its goodness depends on its truth.
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