the law in
unscientific phrases.

The written opinion upon any matter of public interest--a play, a book,
a piece of music, a picture, the speech of a politician, the sermon of
a parson, the behaviour of a general, the conduct of an admiral, the
methods of a judge, etc.--must fulfil two conditions. It must be honest
and it must be expressed fairly in the point of form. In the "Ridley"
action the honesty of the opinion was admitted, and the question arose
whether the opinion was fair in form. In the famous Whistler _v._ Ruskin
cause there was no doubt about the critic's honesty--fancy doubting
Ruskin's honesty! However, the jury thought that he went too far in his
phrase "nearly approached the aspect of wilful imposture," and probably
the word "coxcomb" was fatal, for it was irrelevant.

It might almost be said that relevancy is the test of fairness in the
form of a criticism. It was irrelevant as well as inaccurate to speak of
a "naughty wife" in a criticism upon _The Whip Hand_, because there was
"no naughty wife" in the play, and therefore the jury gave one shilling
damages and the Court of Appeal upheld the verdict.

In criticism of a book, play, picture, etc., the private life and
character of the author are irrelevant; even his character as author,
except in relation to the particular work or works criticized, is
irrelevant. If you think that a book or play is immoral or indecent, say
so, say so strongly, and if the criticism, though unsound, represents
your honest opinion you will escape; but it is irrelevant to say that
the author caused it to be immoral or indecent in order to obtain a
_succes de scandale_, and you must prove that charge to be true or be
punished. There is a distinction between alleging that Smith's book,
"The Biography of Brown," is dull, and that Smith is a writer of dull
books--_ex pede Herculem_ would not be a valid plea.

If honest and discreet in language you may be abominably incorrect in
opinion. You are at liberty to say that a composition by Strauss is a
mess of hideous sounds, that one of Sargent's pictures is ridiculous,
that a novel by Meredith is tiresome, but you must be very careful, when
criticizing a particular work, if you make general allegations
concerning the author. Nevertheless, it is permissible to criticize the
works of a dramatist generally upon a reasonable opportunity; yet there
is a danger of your getting into trouble on the point of honesty, for it
is not hones