WDW387 January 24 2012.docx

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University of Toronto St. George
Woodsworth College Courses
William Watson

January 24Lecture 3Gay Law in Canada UK and USA January2412 118 PM The crime that must not be named among ChristiansBlackstone Theorizing Sexuality and Sexual Governance Foucault Michel Foucault The History of Sexuality v 1 Governance of sexuality shifted in late 19th century from governing acts using criminal law style rules secular or religious to seeing sexuality as a key dimension of personal identity athe truth of the modern self expert knowledge constitutes identities sexuality as identity as modern concept Research Since Foucault Critiques of Foucaults focus on experts George Chauncey Gay New York proliferation of sexual identities in certain subcultures eg trade fairies Ann Stoler Race and the Education of Desire and other work in postcolonial studies colonial governance shaped imperial countries practice Themes of the Lecture Sodomy and antigay laws do not have a clear object laws target moves amongst identities desires acts and speech acts Law can help bring new social identities into being constitutive role of law Criminal law can be completely at odds with other areas of law and policy eg family law military law insurance benefits Henry VIII struggle between international Church and national state re jurisdiction over moral regulation new felony of buggery with either man or beastChristian notion of unnatural sex but now under purview of state course not targeting gay men in particular just theory of natural reproductive law between man and woman Aquinas putting sexual offences under state law from church law English Sodomy Sir Edward Coke and William Blackstone Cokes phrase the sin not to be named among Christians phrase in Latin in English book Blackstone 1760s repeats Cokes sin but adds crime Blackstones nondefinition the infamous crime against nature committed with either man or beast should only be prosecuted if evidence is strong fear of blackmail especially given class system Blackstone on the Delicacy of English Law I will not act so disagreeable a part to my readers as well to myself as to dwell any longer upon a subject the very mention of which is a disgrace to human nature It will be more eligible to imitate in this respect the delicacy of English Law ADD HERE 1842 English Appeal Court Case
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