The Homosexual(ity) of law

Raising fundamental questions about our understanding of the term "homosexuality,"The Homosexuality of Lawis an important and original contribution on the legal regulation of identity and sexuality, providing a theoretical underpinning for the study of the treatment of homosexuals by the law. Moran offers an understanding of the histories of the contemporary legal tradition and their current operation using specific examples, such as the impact of a court case over an alleged breach of the peace when two men kissed in public. The volume explores how legal discourse is constructed to place homosexuality in a very specific band of regulation and focuses on gay and civil rights, equality under the law and social attitudes towards homosexuals.

Preface

vii

Introduction: Brief Encounters

1

(20)

Part I The lexicon of the law: from buggery to homosexual

Novelty as the Tradition of Law: Buggery as Homosexual

21

(12)

A statutory neologism

21

(2)

The Wolfenden Committee and the end of buggery

23

(4)

The `practical effect' of buggery

27

(1)

`Of no practical effect': buggery in and beyond 1967

28

(5)

Buggery: A Short History of Silence

33

(33)

The legal practice of buggery

34

(4)

Naming the unnamable

38

(3)

Silence, violence and the authorized speaking subject of law

41

(3)

Translation and conquest

44

(2)

Speaking the love that dare not speak its name

46

(2)

From silence to privacy

48

(8)

Private = silence

56

(3)

Silence and the reform of law

59

(1)

Silence = death: outing

60

(4)

Conclusions

64

(2)

Making the Sense of Buggery

66

(25)

Introduction

66

(1)

Taxonomies

67

(7)

Buggery over time

74

(4)

Making the truth of law

78

(1)

Statutory taxonomies

79

(2)

The sexualization of buggery

81

(3)

Legal practices of citation: sameness, difference and repetition

84

(2)

Conclusion

86

(5)

Part II The homesexual(ity) of law

The Enigma of `Homosexual Offences'

91

(27)

The homosexuality of `homosexual offences'

93

(4)

Listing `homosexual offences'

97

(5)

`Homosexual' as a technology of production

102

(1)

The technology of homosexual(ity)

102

(13)

Conclusions

115

(3)

Policing and the Production of the Homosexual(ity) of Law

118

(16)

Introduction

118

(1)

Homosexuality and Policing

119

(2)

Strategies of production

121

(13)

The Somatic Techniques of Policing

134

(35)

Introduction

134

(1)

Techniques of production

135

(3)

Techniques of invisibility

138

(2)

Invisibility, and the privacy of public places

140

(3)

Invisibility and somatic techniques

143

(2)

The somatic techniques of the male genital body

145

(9)

The somatic techniques of policing

154

(12)

Conclusion

166

(3)

The Uses of Homosexuality: Rights, Victims and Parliamentary Reform

169

(28)

Reading `homosexual' into the law

170

(4)

Human rights

174

(6)

The homosexual of sado-masochism

180

(11)

Parliamentary reform: `age of consent'

191

(6)

Conclusions

197

(6)

Appendix of cases

203

(1)

Notes

204

(30)

Bibliography

234

(10)

Index

244

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The Homosexual(ity) of law

Summary

Table of Contents

Supplemental Materials