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Full-Text Articles in Legal History
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody Madeira
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody Madeira
Richmond Public Interest Law Review
This paper acknowledges that "[i]t is now commonplace to disparage the Hardwick Justices' performance as historians, though it is less common to specify what was wrong with it''. In an effort to engage in such specification, this paper will first address mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality …
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And Themismeasure Of Homosexual Historiography, Jody Madeira
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And Themismeasure Of Homosexual Historiography, Jody Madeira
Richmond Journal of Law and the Public Interest
This paper acknowledges that "[i]t is now commonplace to disparage the Hardwick Justices' performance as historians, though it is less common to specify what was wrong with it''. In an effort to engage in such specification, this paper will first address mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality …