The Homosexual(ity) of Law

By Leslie J. Moran | Go to book overview

NOTES

1 INTRODUCTION: BRIEF ENCOUNTERS
1
This law applies directly to England and Wales. Scotland and Northern Ireland have different but closely related legal systems.
2
For example, see Symonds 1928.
3
Throughout the book homosexual(ity) is used to represent both homosexual and homosexuality.
4
The problematic nature of this particular history is raised in Gopley 1989.
5
The term ‘Uranian’ is located within the theme of celebrating a present by reference to a past, in that it invokes a particular aspect of an icon of Greek culture, the philosophical writings of Plato, more specifically the Symposium, and writes and deploys that as a way of naming genital relations between men.
6
For a slightly different narrative of the genesis of ‘gay’, see Bristow 1990.
7
In the UK, the Gay Left Collective was prominent in the genesis and circulation of such ideas. An excellent example is to be found in Gay Left Collective 1980.
8
See, for example, Watney 1980.
9
See Watney 1981; Fernbach 1980.
10
Another term used by Krafft-Ebing is ‘antipathic sexual feeling’. Other categories are also found operating within Krafft-Ebing’s scheme of things, such as ‘neuropathic’ and ‘psychopathic’.
11
The congenital acquired dichotomy is echoed in the nature/nurture debate within lesbian and gay politics. A particularly interesting analysis of this dichotomy is to be found in Dollimore 1991 and Fuss 1989. For an application of these debates in the context of the jurisprudence of the USA see Ortiz 1993.
12
Krafft-Ebing described it as ‘an abnormal condition natural to him’, and ‘from his [the homosexual’s] morbid standpoint, it is natural’ (Krafft-Ebing 1948:382).
13
‘Homosexual rights’, ‘gay rights’ and ‘queer rights’ have come to assume particular importance. Each of these phrases, in its way, can be understood as an attempt to turn ways of imagining and celebrating the same-sex genital relations and its pleasures to a particular way of imagining juridical relations—rights talk. This connection has particular significance. In their conjunction with rights, and more specifically in calling these rights ‘human rights’, a very particular strategy is embarked upon. Here the politicization of a specific identity and desire is conjoined with a distinctive juridical agenda that has been described as ‘one of the monumental legacies left by the Enlightenment’ (Gaete 1993). Thereby ‘homosexual’, ‘gay’ and ‘queer’, as practices of indignation, defiance and celebration, are mobilized in intimate association with juridical themes of authenticity, final truth, rationality, humanity and legitimacy.

-204-

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The Homosexual(ity) of Law
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • 1 - Introduction 1
  • Part I - The Lexicon of the Law 19
  • 2 - Novelty as the Tradition of Law 21
  • 3 - Buggery 33
  • 4 - Making the Sense of Buggery 66
  • Part II - The Homosexual(ity) of Law 89
  • 5 - The Enigma of ‘homosexual Offences’ 91
  • 6 - Policing and the Production of the Homosexual(ity) of Law 118
  • 7 - The Somatic Techniques of Policing 134
  • 8 - The Uses of Homosexuality 169
  • 9 - Conclusions 197
  • Appendix of Cases 203
  • Notes 204
  • Bibliography 234
  • Index 244
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