CRIM 332 Lecture Notes - Lecture 6: George Klippert, Indictable Offence, Wolfenden Report
4 Apr 2016
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Document Summary
Making of legal subjects: lesbian and gay rights. We are invoking religious values to justification for denial of equality and rights. Happens in context of gender, race, sexual orientation, class, Thinking about rights we have, we have freedom of religion. Allowed to have own beliefs, freedom of conscience, contention between these two rights, how do you reconcile people having own beliefs in religion, but fundamental importance of separation of state and religion. Foucault drew a distinction between : governing sexuality through acts, the homosexual identity. Drew distinction based on act-based vs. identity-based regulation. For example, governing act of sodomy (or other forms of homosexual sex) or the governing identity of being someone who identifies as homosexual. Not about individual, its about the action. There is no room in criminal law for types of person, courts pass judgment on discrete actions, not on people"s character or lifestyle.
