Homosexuality, Law, and Resistance

Homosexuality, Law, and Resistance

Homosexuality, Law, and Resistance

Homosexuality, Law, and Resistance

Synopsis

This book explores contemporary social theory and developments in the study of sexuality through the analysis of law and its practices. Each chapter explores the power of discourse in law in relation to homosexualities, while simultaneously examining how homosexuals resist and disrupt these legal discourses. This book will be of interest to students and academics working in the fields of Sociology, Cultural Studies, Law, Politics, Gender Studies and Sexuality, this timely work will prove a valuable addition to the literature of the fields.

Excerpt

Authenticity, evasion and the unknowable homosexual

In relation to the closet - the relations of the known to the unknown, the explicit and the inexplicit…have the potential for being peculiarly revealing.

(Sedgwick 1991:3)

The seed of the idea for this case study began as a nouvelle, a piece of news, a snippet of real life (Foucault 1979b: 79) found in the margins of 'gay news' in the uk in 1995, in a small article in the magazine Gay Times. the narrative that unfolds in this chapter can be described as an obscure man's encounters with 'law'. This is a narrative where 'fragments of discourse… [are found] trailing the fragments of reality in which they take part' (Foucault 1979b: 79). It is a case synonymous with anal examination, homosexuality and bogus asylum claims. the man at the centre of this case study is one Ioan Vraciu. He is one of those individuals whose life has been rescued from anonymity as a result of his particular encounter with 'law' in the form of refugee determination procedures. Foucault says, of men such as Vraciu:

From the darkness of night where they would, and still should remain, is an encounter with power: without this collision, doubtless there would no longer be a single word to recall their fleeting passage.

(Foucault 1979b: 79)

What Vraciu's encounter with power provides is an illustration of power:

Power which lies in wait for these lives, which spies on them, which pursues them, which turns its attention, even if only for a moment, to their complaints and their small tumults, which marks them by a blow of its claws.

(Foucault 1979b: 79)

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