Tuesday, January 28, 2014

The Bashful Magistrate

At Oscar Wilde’s sentencing, Justice Wills, the presiding magistrate, claimed that the crime of homosexuality “is so bad that one has to put stern restraint upon one's self to prevent one's self from describing, in language which [he] would rather not use” the feelings “in the breast of every man of honor who has heard the details of these […] trials” (http://law2.umkc.edu/faculty/projects/ftrials/wilde/sentence.html). If Wilde’s love dares not to speak its name, then I am curious why the law cannot name it either, even at the moment of Wilde’s punishment. Why is it that, while the criminal species of the homosexual was being constructed actively by sexologists, criminologists and psychologists, the law could only fail to state a judgment that would do justice to the criminal aberration that queerness came to signify?
            This piece will be too short to answer this question. But the judge’s rhetoric at sentencing is illuminating for two reasons: (1) it reveals that the law recoils from Wilde’s queerness even as it strives to incarcerate his unruly body, and (2) it reveals that Wilde is rhetorically positioned as irredeemable—that queers are, as a class, irredeemable before the law. Justice Wills claims that “It is no use for […] to address” Wilde, for “people who can do these things must be dead to all sense of shame, and one cannot hope to produce an effect upon them”   (http://law2.umkc.edu/faculty/projects/ftrials/wilde/sentence.html).  This irredeemability is structurally similar to a condition of fallen-ness, of sinfulness before God; Wilde is therefore a being fit only for punishment, not for social rehabilitation; as a queer, he is good only for spectacular punishment. Wilde must be made into a canvas onto which an antiqueer society can write its judgments; his body must be made available to their punishments.

It is because queer people are “dead to shame” that the law has nothing to offer but its harshest punishments. Justice Wills imposes the maximum legal penalty on Wilde, but concedes “it is totally inadequate for a case such as this” ((http://law2.umkc.edu/faculty/projects/ftrials/wilde/sentence.html). Because Wilde’s love is unspeakable—unimaginable—Justice Wills is forced to concede that no criminal sentence would be appropriate to remedy the violation of law in the eyes of the law, because the crime is one that is shameless and which the (queer) criminal is unable to be rehabilitated from. Queerness is excessive to any criminal category; something shameful in the act of queer loving is wholly irreconcilable with the justice of straight societies. We might tentatively conclude then that queers are not ‘equal’ before the law at Wilde’s trial, but are rather ‘vulnerable before the law,’ made available to the law’s judgment in a way that straight people would not have to experience.  

1 comment:

  1. Your take forces us to go back to the Middle Ages. The so called "nefarious sin" -ie. sodomy- was deemed to be a "crimen inter christianos non nominandum", that is, a crime that ought not to be spoken or mentioned among Christians. For the Catholic authorities, sodomy was literally unspeakable. In Spain, for instance it was equalled was a crime of "lesa maiestatis": "the crime of violating majesty, an offence against the dignity of a reigning sovereign or against a state". We need to think about how Western Culture demonized Queerness to the extent that it did all the way to the present day.

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