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Summary Legal Philosophy: Study Unit 7

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An extensive and elaborate summary of study unit 7 for Legal Philosophy 371.









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Uploaded on
September 28, 2021
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2020/2021
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7. GAY AND LESBIAN THEORY
Essentialist vs. Constructionist Debate [pg. 333]
 Essentialism: Homosexuality as innate to some individuals.
 Constructionist: Homosexuality as cultural product.
 Modernist vs. postmodernist discourses
o Constructionist is the more accepted theory.

Constructionist is the more accepted theory
 Michel Foucault – The History of Sexuality Volume 1
o Although same-sex acts were condemned in both religious and civil law
before 1870, they were regarded temptations to which anyone might
succumb to.
 The idea of homosexuality as an identifiable characteristic of a person only
recently developed.
 Sinful and illegal – akin to stealing a horse or committing adultery.
o These acts were not understood to constitute a certain kind of person.
o It did not reveal an essential truth about a person.
 Distinction between homosexual behaviour which is omnipresent, and
homosexual identity which evolves under specific historic conditions.
o This understanding breaks down the hierarchy of the distinctions.
o Homosexual acts have existed throughout history, in all types of
societies, among all social classes and peoples.
 However, there have been huge differences in the ways in which
various societies have regarded same-sex sexual desire, the
meanings they have attached to it, and those who were
engaged in homosexual activity viewed themselves.
 Example of Naïve American culture pg. 334

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