It has long been remarked by historians of sexuality that sodomy is an incoherent category. Michel Foucault has insisted on the concept's “utterly confused” status; Jonathan Goldberg has mediated between highlighting sodomy's categorical confusions in Renaissance England and deployments of the category in modern contexts that continue to be precarious; Alan Bray has emphasized how sodomy emerges into visibility only through discursive performance, on the bodies of those who disrupt social and religious stability; and Mark Jordan has (...) traced the category's development in the moral theology of the Church and draws attention to its incoherences and illogicalities, even at the moment of its invention. Yet impossible as it might seem, under the circumstances, to pin it down to particular bodies and pleasures, scholars continue to be drawn to the question of sodomy's relationship to what we now call homosexuality, whether as a distinct identity or as a variety of erotic practice. This article considers a cluster of images in a set of medieval illuminated manuscripts that expose what is at stake when we address such issues with reference to visual as well as textual examples. (shrink)

Racines »Phèdre« wird zum Opfer eines tödlichen Schamkonflikts. Der tief in ihre Psyche eingeschriebene Familienfluch ihrer sexuell devianten Vorfahren sowie die Erfahrung des Liebesverlusts, der aus der Zurückweisung ihres Stiefsohns Hippolytes resultiert, bringen sie dazu, den letzten Zielpunkt ihrer Scham zum Tode – den Suizid – auszuführen. Racines Seelenspektakel wird durchgehend von dem Affekt der Scham strukturiert. Stets ist die Figur vom brennenden Blick ihres mythisch-göttlichen Großvaters Helios begleitet. Racine verortet die unlösbaren Konflikte der Tragödie im Inneren der Figur und (...) benennt den Affekt der Scham durch die sprachliche Ästhetisierung. Phèdres autodestruktive Flucht in die Höllennacht bleibt der letzte Ausweg für die von der tödlichen Scham geplagte Figur. (shrink)

n his Problemata, Aristotle provided medieval thinkers with the occasion to inquire into the natural causes of the sexual desires of men to act upon or be acted upon by other men, thus bringing human sexuality into the purview of natural philosophers, whose aim it was to explain the causes of objects and events in nature. With this philosophical justification, some late medieval intellectuals asked whether such dispositions might arise from anatomy or from the psychological processes of habit formation. As (...) the fourteenth-century philosopher Walter Burley observed, "Nothing natural is shameful." The authors, scribes, and readers willing to "contemplate base things" never argued that they were not vile, but most did share the conviction that they could be explained. From the evidence that has survived in manuscripts of and related to the Problemata, two narratives emerge: a chronicle of the earnest attempts of medieval medical theorists and natural philosophers to understand the cause of homosexual desires and pleasures in terms of natural processes, and an ongoing debate as to whether the sciences were equipped or permitted to deal with such subjects at all. Mining hundreds of texts and deciphering commentaries, indices, abbreviations, and marginalia, Joan Cadden shows how European scholars deployed a standard set of philosophical tools and a variety of rhetorical strategies to produce scientific approaches to sodomy. (shrink)

Despite numerous laws and religious tracts prohibiting homosexuality and the practise of same-sex activity in colonial North America, very few people were ever brought to trial – and even fewer found guilty – for engaging in such “unseemly practises.” Using both primary and secondary sources, this paper attempts to dissect the reasoning behind the relative lack of prosecutions of men thought to have participated in “sodomitical [sic] behaviour”. Issues of community, power, and religion as they related to sodomy will (...) be discussed. (shrink)

Among the manuscripts containing works by the dominican Domingo de Soto we find the acephalous and mutilated fragment Relectio an liceat civetate infidelium seu gentium expugnare ob idolatriam, titled by a later hand. Soto’s argument belongs to the context of the juridical, political and religious polemic on alleged rights to subdue unbelievers, staged by the junta gathered in Valladolid, in August and September 1550, to hear the arguments in favour, by Juan Ginés de Sepúlveda, and arguments against, by Bartolomé de (...) las Casas, whose meeting Summary was written by Domingo de Soto himself. In the fragment An liceat, Soto unwaveringly takes upon himself the refutation of each argument deployed by proponents of the right to subdue and punish natives in the New World, asserting their state of non subjection to Christian norms before their convert. Bearing in mind its structure and arguments, it is conjectured that the text may have been written for the De iustitia et iure, published in 1554, and again in 1556, though, for unknown reasons, was not included in that work. (shrink)

Sodomy; lesbianism; Arab countries; history.

Foucault’s sodomite’: Damian’s Liber gomorrhianus (1049) reopened. Taking Michel Foucault’s famous statement about the difference between the ‘Medieval sodomite’ and the heteronormative ‘19th century homosexual’ as its cue, this article surveys the discursive source of that statement in the work of Peter Damian (1007–1072) with regard to his obscure, yet consequential text, Liber gomorrhianus (presented in 1049 to Pope Leo IX, preceding the Council of Reims). Drawing on the recent research by Ranft and because Damian is such an understated figure (...) in the corpus of Medieval philosophy, an overview of Damian’s life and work is presented, especially in terms of Damian’s 11th century reforming labour ethics. Only then the article proceeds to reopen Damian’s text, indicating that the ‘Medieval sodomite’ is far removed from an elementary precursor to the modern scientia sexualis homosexual, but is indeed presented by Damian as a complex and gender-inclusive licentious person, within the context of the disintegration of sexual morality (especially within the domains of celibacy and confession) in the middle to late 11th century church and monasteries. Cross-referencing the own translation of the Latin text with the translation of Payer, the article disseminates and critiques the key concepts in Damian’s argument for the summarily deposition of lapsi [fallen priests] and the expulsion of promiscuous monks (and nuns) from the orders, especially with regard to Damian’s concepts of contra-natural and irrational fornication. Pope Leo’s deeply pastoral and insightful answer to Damian ( Ad splendidum nitentis ) is presented in the last part of the article, including his sanctioning of Damian’s complex concept of sodomy, which on that ground, became the conceptual source for the council of Reims (1049), and subsequent Medieval councils dealing with the ‘problem of sodomy’ in the church and monasteries. The canons of those councils were indeed the source of Foucault’s analysis of Medieval sexuality – yet the more fundamental source was Damian’s obscure text. (shrink)

La transcription, la traduction et l’étude du libelle d’un petit procès daté de 1435 extrait d’un registre judiciaire (liber maleficiorum) de Bologne permet de comparer les abus sexuels perpétrés par des hommes à l’encontre des filles et des garçons. Pour exprimer une agression sexuelle sur une petite fille, on emploie les mêmes mots que ceux qui servent à désigner le viol d’une femme. Pour décrire la violence commise sur un garçon, on use du vocabulaire de la sodomie. Ce constat permet (...) de montrer qu’à la fin du Moyen Âge, c’est bien la pénétration qui crée l’acte sexuel et que ce que les textes désignent par “vice sodomite” peut souvent avoir le sens moderne de “pédophilie” vis-à-vis des garçons. (shrink)

Within the Judeo-Christian tradition, Sodom and Gomorrah represent locales in which threats to national formation are couched in sexual terms. The biblical narrative insists on a particular social invisibility for those sexual activities not blessed by the bonds of matrimony. Reclaiming Sodom surveys a number of institutions that have had an interest in perpetuating these views: the police, the state, the church and the law. The collection ranges through biblical scholarship, an investigation of the Founding Fathers' beliefs, the legal mobilization (...) towards the category of sodomy in 18th and 19th century England, and the US Supreme Court's 1986 Bowers vs. Hardwick decision. Analysis is provided of the ways in which the Judeo-Christian tradition has shaped anthropological accounts of the same-sex practices of non-Western people, as well as essays on how colonial gestures have marked lesbian identity in the Carribean, and derformed narratives about the racial geography of AIDS. Reclaiming Sodom explores alternatives to the force of the Sodomitic biblical narrative in Islamic, non-western, and western traditions, and discusses the ways in which sodomy calls into question normative definitions of sexuality and gender. The collection pursues the "pleasures and dangers" of these alternatives, and takes on Proust's refusal to imagine a social movement founded on the "stigma" of Sodom. The collection examines the relations between sex/gender identities and sexual acts in important and provocative ways, and argues for the political use and usefulness of both Sodom and sodomy. Reclaiming Sodom makes an important and controversial contribution to the literature on sexuality and gender, as well as the nature of sex in our culture. Contributors: Dorothy Allison, Robert Alter, Neil Bartlett, Leo Bersani, Gerald Creed, Marc Daniel, Lee Edelman, Janet E. Halley, Jonathan Ned Katz, Pierre Klossowski, Rocky O'Donovan, Guy Hocquenghem, Cindy Patton, Marquis de Sade, David Shannon, Makeda Silver, Jonathan Goldberg. (shrink)

Abstract: This essay explores recent trends and major issues related to gay and lesbian philosophy in ethics (including issues concerning the morality of homosexuality, the natural function of sex, and outing and coming out); religion (covering past and present debates about the status of homosexuality and how biblical and qur'anic passages have been interpreted by both sides of the debate); the law (especially a discussion of the debates surrounding sodomy laws, same-sex marriage and its impact on transsexuals, and whether (...) the law should be used to enforce morality); scientific research into the origins of homosexuality (including discussion of arguments against such research); and metaphysics (especially the question of whether homosexuality is socially constructed during particular times and in particular cultures, or whether sexual orientation is an essential trait cutting across times and cultures). (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view (...) by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Lynne Huffer's ambitious inquiry redresses the rift between feminist and queer theory, traversing the space of a new, post-moral sexual ethics that includes pleasure, desire, connection, and betrayal. She begins by balancing queer theorists' politics of sexual freedoms with a moralizing feminist politics that views sexuality as harm. Drawing on the best insights from both traditions, she builds an ethics centered on eros, following Michel Foucault's ethics as a practice of freedom and Luce Irigaray's lyrical articulation of an ethics of (...) sexual difference. Through this theoretical lens, Huffer examines everyday experiences of ethical connection and failure connected to sex, including queer sexual practices, sodomy laws, interracial love, pornography, and work-life balance. Her approach complicates sexual identities while challenging the epistemological foundations of subjectivity. She rethinks ethics "beyond good and evil" without underestimating, as some queer theorists have done, the persistence of what Foucault calls the "catastrophe" of morality. Elaborating a thinking-feeling ethics of the other, Huffer encourages contemporary intellectuals to reshape sexual morality from within, defining an ethical space that is both poetically suggestive and politically relevant, both conceptually daring and grounded in common sexual experience. (shrink)

In thinking about the relationship between the sexed body and the state, it is worth recalling that both have a history. This essay, divided into two sections, uses the example of nineteenth-century England, which has had an exemplary status in scholarship on both the state and sexuality, to highlight the variability of law and government with respect to the body. The first section shows how a particular state during a key historical period produced sexuality through its decisions to protect and (...) regulate some bodies and not to regulate and protect others through the state's marriage laws and sodomy laws. The second section of this essay looks beyond sexuality to explore state oversight in the second sense of the term: as an omission or lapse in attention. What were the intimate matters to which the state was relatively indifferent? (shrink)

Ranging chronologically from the twelfth to the fifteenth century and thematically from Latin to vernacular literary modes, this book challenges standard assumptions about the musical cultures and philosophies of the European Middle Ages. Engaging a wide range of premodern texts and contexts, from the musicality of sodomy in twelfth-century polyphony to Chaucer's representation of pedagogical violence in the Prioress's Tale, from early Christian writings on the music of the body to the plainchant and poetry of Hildegard of Bingen, the (...) author argues that medieval music was quintessentially a practice of the flesh. The book reveals a medieval world in which erotic desire, sexual practice, torture, flagellation, and even death itself resonated with musical significance and meaning. In its insistence on music as an integral part of the material cultures of the Middle Ages, the book presents a revisionist account of an important aspect of premodern European civilization. (shrink)

Although over twenty years have passed since the Hart-Devlin exchange, the controversy over society's right to punish homosexuals remains alive, as is shown by recent concern over the spread of AIDS and the recent announcement of the Supreme Court that “majority sentiments about the morality of homosexuality” constitute an adequate justification for sodomy statutes under the due process clause of the fourteenth amendment. Lord Devlin's moral justification for punishing homosexual conduct seems to follow a similar line of reasoning. The (...) one argument to which his critics have paid the most attention begins with the assertion that society consists of a seamless web of ideas and values, the content of which is determined by whether the ordinary, reasonable person is disgusted by a particular type of conduct. Among the types of conduct that disgust the ordinary person, he continues, is homosexual conduct. Therefore, Devlin concludes, society may punish homosexual conduct, even if it is consensual. (shrink)

Etudie l'homosexualité masculine, désignée par l'expression d'amour philosophique au XVIIIe siècle, en montrant que celle-ci est alors une question philosophique avant tout. Il montre notamment que les Lumières constituent une période charnière où l'on passe du péché de sodomie à la notion d'homosexualité et aux prémices d'une identité gay et étudie les positions ambiguës de philosophes.

In spite of the fact that the term ‘sexology’ was popularized in the United States by Elizabeth Osgood Goodrich Willard and that the term ‘sexual science’—which is usually attributed to Iwan Bloch as ‘Sexualwissenschaft’—was actually coined by the American phrenologist Orson Squire Fowler in 1852, the archives of American sexology have received scant attention in the period prior to Alfred Kinsey. In my article, I explore the role of Transcendentalism and phrenology in the production and development of American sexology and (...) sexual science. In particular, I argue that shifting the origins of sexology and sexual science away from Karl Heinrich Ulrichs and Karl-Maria Kertbeny and the more familiar narratives of the German invention of sexuality furnishes a radically different account of early sexology and sexual science. Rather than the unevenly homophilic sympathies of early German activists, their American counterparts promote marital, reproductive, loving sex and vilify prostitution, polygamy, masturbation, contraception, sex for pleasure, and, if they think to mention it, sodomy. In addition to this less progressive story, however, I argue that early American sexologists provide the first theories of gender and help to provide a fuller description of the politics of sexology and sexual science. (shrink)

Not so long ago, any form of sexuality not leading to the conception of children was seen as, at best, wanton lust, or worse, a perversion. One by one, the taboos have fallen. The idea that it could be wrong to use contraception in order to separate sex from reproduction is now merely quaint. If some religions still teach that masturbation is "selfabuse," that just shows how out of touch they have become. Sodomy? That's all part of the joy (...) of sex, recommended for couples seeking erotic variety. In many of the world's great cities, gays and lesbians can be open about their sexual preferences to an extent unimaginable a century ago. You can even do it in the U.S. Armed Forces, as long as you don't talk about it. Oral sex? Some objected to President Clinton' choice of place and partner, and others thought he should have been more honest about what he had done, but no one dared suggest that he was unfit to be President simply because he had taken part in a sexual activity that was, in many jurisdictions, a crime. (shrink)

This paper makes an argument for greater consideration of negativity in queer engagements with biological or natural systems. Focusing on one particular paper by Karen Barad – “Nature’s Queer Performativity ” – I argue that this work tends to under-read the negativity and confusion that queer entails, and so it renders nature, and the politics we might extract from it, more palatable than perhaps they should be. What interests me is that Barad’s argument about nature’s queer performativity begins and ends (...) with sodomy. While it has been a highly cathected site of analysis for some early and influential work in queer theory, sodomy has been little discussed in feminist and queer science studies where Barad’s work has been so influential. I argue that sodomy spoils any identitarian queer politics that attempt to depathologize or reaffirm the natural world. (shrink)

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, (...) Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people. (shrink)

In his paper “The Catholic Church, the American Military, and Homosexual Reorientation Therapy,” David W. Lutz ultimately concludes that it is “appropriate, and highly ethical” for the American military to offer reorientation therapy to help homosexuals overcome “the vice of sodomy.” The major thrust of his paper, however, is to call for abandonment of the “Don’t Ask/Don’t Tell” policy currently in place in the military. Lutz’s paper covers much ground, and this review begins by examining whether such a wide (...) view is necessary for the ultimate conclusions. It goes on to ask whether Lutz has omitted to mention important considerations bearing on this issue, and whether Lutz’s call for the introduction of reorientation therapy is a serious call or a symbolic response to homosexual activities. Lutz fails to address essential issues such as the actual experiences of other nations having homosexuals in the military, and issues regarding what constitutes “reorientation therapy,” the latter leading to questions about how such a therapy would actually be implemented. (shrink)

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, (...) Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people. (shrink)

By comparing Pierre Klossowski’s works on Nietzsche and the Marquis de Sade, the paper attempts to clarify his understanding of the part played by the ‘bodily remainder’ in recruiting a following of readers to their texts. Klossowski’s designation of the ‘simulacrum’ of eternal return in Nietzsche’s philosophy is compared with his account of the role played by sodomy in Sade’s writings. Klossowski contends that, through these figures, a bodily contagion, is communicated to the reader, but esoterically: that is, only (...) to a select few, whose bodies can replicate the impulses that the text conceals. Ultimately, what Klossowski’s interpretations of Nietzsche and Sade achieve, however, is the dissimulation of identity, as well as of a decisive difference between the reader and the philosopher whom she reads. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice, Mental Disorder, and the Role of Underlying Pathological ProcessesNancy Nyquist Potter (bio) and Peter Zachar (bio)Keywordsresponsibility, virtue theory, cultural norms, psychopathologyThe issues discussed by John Sadler are among the most complicated in the philosophy of psychiatry, if for no other reason than that they highlight an area where disciplinary fault lines between clinical psychiatry/ psychology and philosophy seem most evident. We spent a year writing an article on (...) the relationship between the assessment of personality disorders and moral evaluations, and these fault lines became manifest not only between ourselves, but also when discussing our ideas with members of the various disciplines.Many practicing psychiatrists acknowledge that moral attributions (such as manipulativity) might be made about people with certain disorders (such as borderline personality disorder), but also find the argument that psychiatric diagnoses are moral rather than medical conditions to be a ludicrous bit of antipsychiatry in the Szaszian tradition. Philosophers, on the other hand, are less involved with these diagnostic categories in their day-to-day work and are more willing to be skeptical. Whether they are doing philosophy of psychiatry, moral theory, or sociopolitical philosophy, they are interested in digging a little bit deeper and are not impressed by arguments to the effect that—it’s obvious that these are really disorders. Being “obvious” is not a persuasive philosophical argument.The metaphysical task of determining what belongs in the category of criminality compared with other ways of sorting behavior has parallels in moral philosophy: Why is fraud, or theft, criminalized whereas (most) lying is not? Why is one set of moral norms enforceable, whereas a second set is aspirational? Does the difference involve property, where infractions of property are thought to be more serious wrongs than lying, which is “only” psychological rather than material? Are the “most serious” wrongs the ones we mark as crimes? Why is sodomy still criminalized in some areas but betraying one’s lifelong love is viewed as morally reprehensible but not criminal? Both actions are private, and only one seems to do harm—unfaithfulness—yet that is the one that is not criminalized. The point here is that, regardless of domain, our classification systems need to be justifiable, yet justification is most often mystifying. [End Page 27]The same is true for classifying mental disorders. The class of mental disorders appears to be a somewhat inconsistent collection of heterogeneous conditions and does not form a natural kind (Zachar 2000). At the most, the class of mental disorders names a family of loosely related conditions and the reasons for inclusion can shift from disorder to disorder.If the class of mental disorders does not specify an internally coherent kind akin to gold, deciding on the scope of psychiatric practice becomes an important problem. As Sadler asks, for what reasons do we classify pedophilia with schizophrenia—both as disorders—but omit sadism? This is an important question of disciplinary scope.This question of scope is itself ethically charged because, on the one hand, bringing a condition under the purview of psychiatry offers the possibility for treatment, and at least establishes the goal of improving the lives of people with specific kinds of problems. Making lives better is one of the humanistic justifications for science itself; clearly it is a raison d’être of psychiatry. On the other hand, medicalization sets up the conditions for a certain kind of social control. Hospitalization, educational services, day treatment, and disability payments are all contingent upon psychiatric diagnostic practices. These programs and the institutions that manage them are both socially available and socially prescribed. The diagnosed behaviors can now be considered to be entities, and explanations of them can be developed. New technologies for altering them will also be introduced. Such practices have been associated with dehumanization (Phillips 2009).Two important questions also need to be distinguished. The first is a question for moral philosophy—What degree of responsibility do people with putative mental disorders have for their behaviors? For example, should people with psychotic disorders or personality disorders be held responsible for crimes they commit? If so, under what conditions? Should responsibility for certain behavior be mitigated? If so, under what conditions? Moral philosophy... (shrink)

In response to the Supreme court’s ruling that equality was beginning to be recognized, people anti-sodomy laws are unconstitutional, like Pat Robertson pointed to the advancements evangelist Pat Robertson urged his followers to and called them evil. Twenty years from now, engage in what he called a 21- day “prayer..

Part 1. The rationalization and how it works. The culture war -- Order in the universe: Aristotle's laws of nature -- Rousseau's inversion of Aristotle -- The argument from justice -- The lessons from biology -- Inventing morality -- Part 2: Marching through the institutions. Sodomy and science -- Same-sex parenting -- Sodomy and education -- Sodomy and the Boy Scouts -- Sodomy and the military -- Sodomy and US foreign policy --Conclusion -- Afterword -- (...) Acknowledgments -- Appendix: Disease and mortality -- Index of proper names -- Index of subjects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:…duplici modo Daemon homini carnaliter copulatur:Ludovico Maria Sinistrari's Alternative to Apostasy and Sorcery in Human-Incubus IntercourseBert RoestLodovico Maria Sinistrari d'Ameno (1632-1701), who joined the Riformati branch in 1647 in the Pavian Provincia di S. Diego, is one of the many productive seventeenth-century Franciscan authors whose works are not habitually discussed within the world of Franciscan scholarship. According to the existing bibliographical guides, Sinistrari authored under his own name and (...) under various pseudonyms (such as Panfilo, Clodoveo Farvamondi, Nicolò Turris, Lazaro Socio, and Lazaro Agostino Cotta) about 34 works, more or less half of which reached the printing press during his lifetime. These works cover a wide range of genres and topics, including comedies, religious and secular dramas, astrological, astronomical and scientific works (including polemics against works of other scholars, medical and embryological papers), defenses of the religious orders, sermons and funerary orations, treatises of sacramental theology, some atypical hagiographical texts, and works of religious disciplinary law. This production was linked to his acknowledged expertise in a variety of disciplines, which apparently made him a celebrated lecturer in Pavia within the order and in public schools, teaching the liberal arts, geometry, military architecture and theology. Some of his works are connected with his activities as a preacher, advisor, and later censor for the Holy Office, practicing exorcist, consultant for the Franciscan Minister General, and personal theologian of Alessandro Montecatini (Archbishop of Avignon) and Federico Caccia (Cardinal and Archbishop of Milan).1Within the order itself, his most enduring legacy might have been his three volume Practica criminalis illustrata, a work that is both a commentary on penal law within the Franciscan order, and a more wide-ranging manual for dealing with penitential and religious-criminal issues, written [End Page 191] to supplant older handbooks of such kind. He was initially tasked to compile such materials at the Franciscan general chapter celebrated at Rome in 1688. The first two volumes of the Practica criminalis illustrata appeared in print in 1693. They were again published posthumously in 1702.2 In between he finished another volume of the Practica with a somewhat different focus, also known under the title De delictis et poenis tractatus absolutissimus, and which was proposed as a useful guidebook for judges, lawyers, and prelates in ecclesiastical courts, as well as for confessors, exorcists, and lay practitioners of law. This work was issued for the first time in 1700.3Although a wished-for early eighteenth-century re-issue of this multi-volume Practica criminalis illustrata was put on hold when it was placed on the index of forbidden books in March 1709 donec corrigatur for suspicion of laxist tendencies,4 all three volumes did appear again with some modifications in a 1753-1754 opera omnia edition. It could be found in a significant number of Franciscan and non-Franciscan order libraries, and apparently remained for a long time an important resource for penitential and disciplinary policies.5 [End Page 192]Whereas Sinistrari, like so many early modern friars, is not a commanding presence in the scholarly and literary canon of present-day Franciscan order history, he became a figure of some fascination and even notoriety in nineteenth- and early twentieth-century esoteric circles, and also is known by modern scholars of early modern demonology and early modern sexuality. This is mainly due to the publication, in the later nineteenth century, of two of Sinistrari's works on demoniality and sodomy that as such were not printed in full during our friar's lifetime, but parts of which are included in Titulus 4 of his Latin De delictis et poenis tractatus absolutissimus, namely the crimes against chastity (which in De delictis et poenis, alongside of daemonialitas [which comes last], comprises constortium suspectum, sollecitatio ad turpia, fornicatio, stuprum, incestus, raptus, clausurae violatio, sacrilegium cum moniali, mollities, sodomia, and bestialitas).Hence, in 1875, the French book collector and editor Isidore Liseux issued for the first time De la démonialité et des animaux incubes et succubes où l'on prouve qu'il existe sur terre des créatures raisonnables autres que l'homme, ayant comme lui un corps et une âme, naissant et mourant comme... (shrink)

On 25 May 1895, Oscar Wilde went to jail after three humiliating trials – the first was Wilde’s failed suit against the Marquess of Queensberry who libelled him for ‘posing as a sodomite’; and the subsequent two involved the Crown’s prosecution of Wilde for committing acts of gross indecency with other men. This article revisits the trials by looking at sources that paint a rather different picture from the influential one that Ed Cohen and Alan Sinfield established in the 1990s. (...) First, it shows that the prosecution persuaded the jury that it was far worse for Wilde to have committed sodomy on two young blackmailers (who also engaged in male prostitution) than the kinds of extortion of which, as they freely admitted, they were culpable. Secondly, the discussion suggests that it is unreasonable to claim that the trials defined the modern identity of the male homosexual. (shrink)

During the AIDS crisis, natural law arguments have turned up again not only in relation to anti-sodomy arguments, but even as parts of important claims about AIDS prevention made by the medical and scientific community. Such arguments were invoked by the state of Georgia in the 1986 Supreme Court case, Bowers v. Hardwick, in which the Court held that the Constitution does not confer a fundamental right upon homosexuals to engage in sodomy. As we shall see, the Court (...) accepted a version of legal moralism ignoring both the relevance of a right to privacy and two friend-of-the-Court briefs urging them to consider the public health implications of prohibiting homosexual sodomy. I want to argue against legal moralism both in its standard form and in a more sophisticated version that permits natural law arguments a place in legal reasoning. Natural law arguments have aggravated the AIDS crisis by contributing not only to bad law but to bad science. (shrink)

Introduction: toward a theory of infrahumanity -- Bioexpansionism, 1900s-1930s -- Brief histories of time: nature, culture, and the making of modern childhood -- Ocular anthropomorphisms: eugenics and primatology at the threshold of the "almost human" -- Extraterrestriality, 1940s-1970s -- On alien ground: extraterrestrial sightings, atomic warfare, and the undoing of the human body -- Inner and outer spaces: exobiology, human genetics, and the disembodiment of corporeal difference -- Interiority, 1980s-2010s -- Of sodomy and cannibalism: disgust, dehumanization, and the rhetorics (...) of same-sex and cross-species contagion -- Everything except the squeal: porcine hybridity in the obesity epidemic and xenotransplantation research -- Conclusion. the plurality is near: techniques of symbiotic re-speciation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 35.1 (2005) 119-135MuseSearchJournalsThis JournalContents[Access article in PDF]Evaluating Klossowski's Le BaphometIan JamesLiterature, under historical conditions which are not simply linguistic, has come to occupy a place which is always open to a kind of subversive juridicity. [...] This subversive juridicity supposes that self-identity is never assured or reassuring.—Jacques Derrida, "Préjugés: Devant la loi"The ControversyOn 14 June 1965, Roger Caillois resigned from the jury of the prestigious Prix des Critiques. (...) His resignation was provoked by the majority decision of the jury to award the critics' prize that year to Klossowski's final novel, Le Baphomet.1 Le Baphomet, a singular, Walter Scott-inspired tale about the Knights Templar, is set, initially at least, at the beginning of the fourteenth century just before the dissolution of the Templar Order at the behest of the then French king, Philippe Le Bel. After the historical prologue the action is transferred to a seemingly atemporal sphere, where the disembodied souls of the former Knights Templar await the moment when the Last Judgment will be pronounced and they will be reunited once more with their earthly bodies. The setting, tone, and style are at first gothic, but with the appearance of the disembodied spirit of Saint Teresa of Avila baroque elements begin to dominate and to mix with evocations of Masonic and esoteric ritual, Gnostic heresy, and theological but also philosophical discussion. These are accompanied by the appearance of Philippe le Bel himself and the figure of Friedrich Nietzsche, the "Antichrist," initially in the form of an anteater. With its unorthodox and often archaic vocabulary and syntax and, after the historical prologue, its discontinuous and fantastical narrative presentation, in which the boundaries between persons and identities appear permeable and insecure, Le Baphomet engages the reader in a textual experience that can be both baffling and obscure. It is also a work that can appear to lack any intellectual or formal coherence, one whose multiplicity and evident complexity may seem to promise rich possibilities of interpretation and literary value but whose narrative disorder and stylistic singularity can ultimately leave the reader frustrated with the sense of having been exposed to something of a literary mess.This, at least, was the view of Roger Caillois when he resigned in protest at the decision of the Prix des Critiques jury to confer its honor on Klossowski's novel. Caillois was himself a singular writer whose work can be situated at the intersection of a [End Page 119][Begin Page 120]number of disciplines, including mythology, sociology, aesthetics, biology, and literary criticism. He had known Klossowski since 1936, when they collaborated along with Georges Bataille and others in the antifascist avant-garde grouping Contre-Attaque and then later, again with Bataille, on the review Acéphale and in the Collège de sociologie.2 Defending his resignation from the Prix des Critiques jury a few days after the event, Caillois published an article in Le Monde in which he drew attention to what he saw as Le Baphomet's primary weakness: its poor formal organization and in particular what he perceived as its stylistic insufficiency and grammatical inaccuracy.3 Perhaps with the desire to avoid accusations of prudery or Puritanism he denied that the content of the work was the cause of his disapproval. The infatuation of certain Knights Templar with an adolescent page, Ogier de Beaséant, oblique references to possible acts of sodomy, together with the stylized description of scenes involving mutilation, penetration, and ejaculation are all elements of the narrative. On the content of the work Caillois writes: "Some may see in this a novelistic exposé of an original and subtle theology, others only mystico-pederastic rubbish. For a literary prize I hold solely to the literary value of a work." According to Caillois the content of such a work may be interesting or absurd depending on one's tastes but has nothing to do with its literary value. The invocation of literary value, here, necessarily implies a set of criteria for the judgment of the standing of a work... (shrink)

International reports welcoming Iran's recognition of transgender/sexuality and the permissibility of sex-change operations sometimes mixed celebration with an element of surprise: How could this be happening in an Islamic state? In other, and especially later, accounts, the sanctioning of sex-change became tightly framed through a comparison with punishment for sodomy and the presumed illegality of homosexuality. For legal and medical authorities in Iran, sex-change is explicitly framed as the cure for a diseased abnormality, and on occasion it is proposed (...) as a religio-legally sanctioned option for heteronormalizing people with same-sex desires and practices In this essayI aim to capture the polytheistic scattered practices that were a critical element in shaping trans-lives and subjectivities in this period in Iran, to map out a situated "cartography of desire," which locates the contemporary discourses and practices of transgender/sexuality in a longer historical trajectory and intersecting discursive sites, including medicine, religious doctrine, psychology, criminology, the family, trans-activism, and practices of everyday life. What transgender/sexual as a "human kind" means today in Iran is specific to a nexus formed not simply by transnational diffusion of concepts and practices from a Western heartland to the rest, but is also the product of the sociocultural and political situation in Iran over the previous half century. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice, Mental Disorder, and the Role of Underlying Pathological ProcessesNancy Nyquist Potter (bio) and Peter Zachar (bio)Keywordsresponsibility, virtue theory, cultural norms, psychopathologyThe issues discussed by John Sadler are among the most complicated in the philosophy of psychiatry, if for no other reason than that they highlight an area where disciplinary fault lines between clinical psychiatry/ psychology and philosophy seem most evident. We spent a year writing an article on (...) the relationship between the assessment of personality disorders and moral evaluations, and these fault lines became manifest not only between ourselves, but also when discussing our ideas with members of the various disciplines.Many practicing psychiatrists acknowledge that moral attributions (such as manipulativity) might be made about people with certain disorders (such as borderline personality disorder), but also find the argument that psychiatric diagnoses are moral rather than medical conditions to be a ludicrous bit of antipsychiatry in the Szaszian tradition. Philosophers, on the other hand, are less involved with these diagnostic categories in their day-to-day work and are more willing to be skeptical. Whether they are doing philosophy of psychiatry, moral theory, or sociopolitical philosophy, they are interested in digging a little bit deeper and are not impressed by arguments to the effect that—it’s obvious that these are really disorders. Being “obvious” is not a persuasive philosophical argument.The metaphysical task of determining what belongs in the category of criminality compared with other ways of sorting behavior has parallels in moral philosophy: Why is fraud, or theft, criminalized whereas (most) lying is not? Why is one set of moral norms enforceable, whereas a second set is aspirational? Does the difference involve property, where infractions of property are thought to be more serious wrongs than lying, which is “only” psychological rather than material? Are the “most serious” wrongs the ones we mark as crimes? Why is sodomy still criminalized in some areas but betraying one’s lifelong love is viewed as morally reprehensible but not criminal? Both actions are private, and only one seems to do harm—unfaithfulness—yet that is the one that is not criminalized. The point here is that, regardless of domain, our classification systems need to be justifiable, yet justification is most often mystifying. [End Page 27]The same is true for classifying mental disorders. The class of mental disorders appears to be a somewhat inconsistent collection of heterogeneous conditions and does not form a natural kind (Zachar 2000). At the most, the class of mental disorders names a family of loosely related conditions and the reasons for inclusion can shift from disorder to disorder.If the class of mental disorders does not specify an internally coherent kind akin to gold, deciding on the scope of psychiatric practice becomes an important problem. As Sadler asks, for what reasons do we classify pedophilia with schizophrenia—both as disorders—but omit sadism? This is an important question of disciplinary scope.This question of scope is itself ethically charged because, on the one hand, bringing a condition under the purview of psychiatry offers the possibility for treatment, and at least establishes the goal of improving the lives of people with specific kinds of problems. Making lives better is one of the humanistic justifications for science itself; clearly it is a raison d’être of psychiatry. On the other hand, medicalization sets up the conditions for a certain kind of social control. Hospitalization, educational services, day treatment, and disability payments are all contingent upon psychiatric diagnostic practices. These programs and the institutions that manage them are both socially available and socially prescribed. The diagnosed behaviors can now be considered to be entities, and explanations of them can be developed. New technologies for altering them will also be introduced. Such practices have been associated with dehumanization (Phillips 2009).Two important questions also need to be distinguished. The first is a question for moral philosophy—What degree of responsibility do people with putative mental disorders have for their behaviors? For example, should people with psychotic disorders or personality disorders be held responsible for crimes they commit? If so, under what conditions? Should responsibility for certain behavior be mitigated? If so, under what conditions? Moral philosophy... (shrink)

This paper argues that Locke offers qualified support for male-male intimacy. While one can find denunciations of sodomy and ‘debauchery’ in his work, these claims are embedded in a natural and divine law framework that did not formally specify how to define much less morally characterize these actions. At the very least, Locke makes it difficult to strictly condemn sodomy or other homosexual acts as inherently immoral. This paper will explore three areas of interest: 1) Locke’s Paraphrases of (...) the Pauline epistles in which he argues that Paul’s interest in sexuality concerns temple idolatry rather than a trans-generational sexual ethic; 2) the empirical terms in which he appears to reject the viability of sodomy and his interest in native sexual practices show that he tolerated alternative conjugal frameworks; and 3) the curious case of his own sexuality, the passionate letters he shared with close male friends suggest that sexual obligations to society were not permanent and that as one ages alternative forms of love may be permitted. (shrink)

Since 2014, two legislative actions, the Transgender Persons (Protection of Rights)Act 2019, and the Draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021, have been pivotal in re-inscribing the Indian state’s colonial policing of queer kinship networks. By criminalising relationalities outside the heteropatriarchal conjugal home, the sexual subaltern is exposed to the state’s mechanisms of rescue and rehabilitation. These developments have occurred alongside the constitutional recognition of privacy in K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 and (...) the decriminalisation of the anti-sodomy law in Navtej Johar v. Union of India 2018 (10) SCALE 386 which have been celebrated as victories of self-determination and dignity for queer kinship. These judicial pronouncements, although symbolically pertinent, fail to materially protect queer kinship, and with the contemporary advocacy around queer marriage, the need for legal and cultural recognition has obfuscated the substantive needs of pre-existing queer alliances. Queer communities continue to organise for their own emancipation and despite their vulnerability, queer visibility offers a public counter-narrative of resistance and survival against the brutalities of society and the state. (shrink)

What would happen if pleasure were made the organizing principle for social relations and sexual pleasure ruled over all? Radical French libertines experimented clandestinely with this idea during the Enlightenment. In explicit novels, dialogues, poems, and engravings, they wrenched pleasure free from religion and morality, from politics, aesthetics, anatomy, and finally reason itself, and imagined how such a world would be desirable, legitimate, rapturous--and potentially horrific. Laying out the logic and willful illogic of radical libertinage, this book ties the Enlightenment (...) engagement with sexual license to the expansion of print, empiricism, the revival of skepticism, the fashionable arts and lifestyles of the Ancien Régime, and the rise and decline of absolutism. It examines the consequences of imagining sexual pleasure as sovereign power and a law-unto-itself across a range of topics, including sodomy, the science of sexual difference, political philosophy, aesthetics, and race. It also examines the roots of radical claims for pleasure in earlier licentious satire and their echoes in appeals for sexual liberation in the 1960s and beyond. (shrink)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. Moreover, (...) though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

Augustine and female homoeroticism in the early Middle Ages: A Foucaultian idea-historical interpretation. Taking his reading of Romans 1:26–27 and Genesis 19 as its hermeneutical key, an idea-historical interpretation of the views of the Western church father Augustine of Hippo (354–430) on female homoeroticism is presented in this article. The accentuation of French philosopher Michel Foucault (1926–1984) on the overall significance of Augustine in the Western history of sexuality, in his posthumous Histoire de la sexualité 4 ( Les aveux de (...) la chair, under editorship of Frédéric Gros, 2018 ), is used to contextualise Augustine’s views on sexual desire as the ‘form of the will’, here positioned specifically within a female homoerotic context. Drawing on the substantial studies of John Boswell (in 1980) and Bernadette Brooten (in 1996), which, although relatively dated, are still without equal in Medieval research, the article subsequently explores Augustine’s views on intimate relations between women, both in monasteries and in secular society. It is shown that intimate relations between women must have transpired in fifth-century monasteries and that female homoeroticism was for the next two centuries dealt with with restraint rather than with forms of exclusion and punishment, despite the negative portrayals of same-sex relations by some of Augustine’s patristic contemporaries (particularly John Chrysostom [ca.347–407]), yet precisely on the basis of Augustine’s understated approach. Although Augustine renounced homoerotic relations as a form of ‘unnatural’ (for him, expressly, all ‘non-procreative’) sex, he dealt with the incidence of female same-sex relations with understatement. Given his general authority in the early Middle Ages, one effect of Augustine’s non-homophobic approach was that female homoeroticism was de facto bypassed as a ‘moral problem’ in the fifth and sixth centuries, until handbooks of penance, that prohibited all forms of same-sex relations, started circulating at the end of the sixth century. Contribution: This article contributes to the ongoing study of Medieval female sexuality, and particularly of female homoeroticism in late Antiquity and the early Middle Ages, by exploring Augustine’s views on same-sex relations between women around the early fifth century, while concurrently contributing to ongoing analyses of Michel Foucault’s interpretation of the church and desert fathers in the (edited) fourth volume of Histoire de la sexualité ( Les aveux de la chair ), published in 2018. (shrink)

In this essay I begin with Aristotle’s perplexing observation that a tragic drama is a “whole,” one identified by a clear beginning, middle and ending. I pause to wonder how Aristotle imagines such ends, given his contention that a play concludes in such a way that “nothing can follow from it.” On the face of it, it is very difficult to imagine what Aristotle has in mind here. I suggest that one clue may be found in his title, Poetics, with (...) its clear suggestion that a dramatic event is in fact a making, a poiesis. I develop this idea to suggest that the end of a story, any story, tends to be something the reader imposes, often in the interest of generating a specific moral. I then display these readerly dynamics by providing a close reading of the famous story from Genesis, concerning the cities of Sodom and Gomorrah. I explore a number of different ways in which this story may be thought to “end,” as well as the implications of each such ending. (shrink)