The Homosexual(ity) of Law by Leslie Moran

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By Leslie Moran

This article bargains an figuring out of the histories of the modern felony culture and their present operation utilizing particular examples, equivalent to the influence of a court docket case over an alleged breach of the peace while males kissed in public. It appears to be like at how felony discourse is built to put homosexuality in a truly particular band of legislation and makes a speciality of homosexual and civil rights, equality below the legislations and social attitudes in the direction of homosexuals.

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Extra info for The Homosexual(ity) of Law

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Blackstone’s text also demonstrates that the silence of law has another symbolic significance. Blackstone provides an example of this in his comment that ‘the very mention of which [buggery] is a disgrace to human nature’ (Blackstone 1769 [1979]:215). Here silence is rehearsed in the phrase, ‘the very mention’. To break that silence in the act of naming is to threaten to unleash a great danger, which takes the form of a fall from grace. More specifically, the injunction to silence 36 BUGGERY: A S HORT H ISTORY OF SI LENCE connected to buggery represents that danger in a very particular way: as a fall into silence.

First, it was said to be an expression of the particular characteristics of those who performed acts of buggery. This distinction was supposed to take many forms. In general, individuals who performed acts of buggery were more likely to be criminalistic than other criminals: more likely to have a larger number of previous convictions; more likely to have more convictions for homosexual offences; more likely to be involved in prostitution activities. 13 Homosexual offenders who performed acts of buggery were said to be more likely to limit their offending to that act.

While the requirement to use ‘buggery’ might suggest a scarcity of meaning in the law, the commentaries and cases draw attention to the fact that resort to that single term generates not a scarcity but, its opposite, a plenitude of meaning. Third, the legal practice of silence marks the place of a requirement that, as buggery, this male genital body of law must be imagined according to certain rituals of a particular civility. Finally, this silence draws attention to the fact that the legal practice of buggery has a rich symbolic function in law.

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