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Not Before Homosexuality: The Materiality of
the Cinaedus and the Roman Law against
Love between Men

AMY RICHLIN

Classics Department
University of Southern California

"Who is the degenerate general? Who is the man who seeks another man?
Who is the man who scratches his head with one finger?" [ Clodius heck-
ling Pompey (56 B.C.), as described by Plutarch (early second century A.D.),
Life of Pompey 48.7] 1

Leave the rest for sexy girls
And whatever not-man seeks to have a man.

[Ovid on the limits of male grooming ( 1 B.C.), Ars
Amatoria
1.523-24]


WHY SPEAK

IT IS A COMMONPLACE of women's history that the act of writing
has belonged to men. The structure of institutions--law, government,

____________________
I dedicate this article to the memory of John J. Winkler; I wish he were here to argue
with in person. The editors and readers for JHS provided the level of constructive criticism
of which a writer usually only dreams. Andrew Walker kindly sent me a copy of his mas-
ter's thesis on censorial speeches; John Clarke, Catharine Edwards, and David Konstan al-
lowed me to see work in progress. Thomas A. J. McGinn's extraordinary generosity and
legal expertise contributed much to my discussion of Roman law. Thanks for their help to
my colleagues Carolyn Dewald, Thomas Habinek, Donald McGuire, Gregory Thalmann,
and Roger Woodard; to David Konstan and Marilyn Skinner for detailed comments; and
to Walter Williams, who always tells me the glass is half full.
1 Translations throughout are my own. This article is dotted with abbreviations stan-
dard in the field of classics, but probably unfamiliar outside it. Lists may be found at the
beginning of the Oxford Classical Dictionary or the Oxford Latin Dictionary. Texts are con-
veniently translated in the Loeb Classical Library series. In addition, the reader's attention
is directed particularly to two new translations of hard-to-find texts: W. H. Parker, trans.
and ed., Priapea: Poems for a Phallic God (London, 1988 ); and Theodor Mommsen, Paul Krueger
, and Alan Watson, eds., The Digest of Justinian (Philadelphia, 1985 ).

-523-

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Publication Information: Article Title: Not Before Homosexuality: The Materiality of the Cinaedus and the Roman Law Against Love Between Men. Contributors: Amy Richlin - author. Journal Title: Journal of the History of Sexuality. Volume: 3. Issue: 4. Publication Year: 1993. Page Number: 523.
    
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