The medical construction of homosexuality and its relation to the law in Nineteenth-Century England

Medical History

Volumn 45, Issue 1, 2001, Pages 61-82

  Crozier, Ivan Dalley ^a  

^a UNIVERSITY COLLEGE LONDON   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; FEMALE; FORENSIC MEDICINE; HISTORY; HOMOSEXUALITY; HUMAN; JURISPRUDENCE; MALE; PSYCHOLOGY; UNITED KINGDOM; VENEREOLOGY;

FEMALE; FORENSIC MEDICINE; GREAT BRITAIN; HISTORY, 19TH CENTURY; HOMOSEXUALITY, MALE; HUMANS; JURISPRUDENCE; MALE; PSYCHOLOGY; VENEREOLOGY;

EID: 0035236502     PISSN: 00257273     EISSN: None     Source Type: Journal    
DOI: 10.1017/s0025727300067399     Document Type: Article

References (139)

1. Oscar Wilde, The picture of Dorian Gray, Harmondsworth, Penguin Books, 1985, p. 84.
2. See, for a representative sample, Rictor Norton, The myth of the modern homosexual, London, Cassell, 1997; Randolph Trumbach, 'Sex, gender, and sexual identity: male sodomy and female prostitution in Enlightenment London', J. Hist. Sexuality, 1991-2, 2: 186-203; Jeffrey Weeks, Coming out: homosexual politics in Britain from the nineteenth century to the present, London, Quartet Books, 1977; A N Gilbert, 'Buggery and the British Navy 1700-1861', J. soc. Hist., 1976, 10: 72-98.
3. See, for a representative sample, Rictor Norton, The myth of the modern homosexual, London, Cassell, 1997; Randolph Trumbach, 'Sex, gender, and sexual identity: male sodomy and female prostitution in Enlightenment London', J. Hist. Sexuality, 1991-2, 2: 186-203; Jeffrey Weeks, Coming out: homosexual politics in Britain from the nineteenth century to the present, London, Quartet Books, 1977; A N Gilbert, 'Buggery and the British Navy 1700-1861', J. soc. Hist., 1976, 10: 72-98.
4. See, for a representative sample, Rictor Norton, The myth of the modern homosexual, London, Cassell, 1997; Randolph Trumbach, 'Sex, gender, and sexual identity: male sodomy and female prostitution in Enlightenment London', J. Hist. Sexuality, 1991-2, 2: 186-203; Jeffrey Weeks, Coming out: homosexual politics in Britain from the nineteenth century to the present, London, Quartet Books, 1977; A N Gilbert, 'Buggery and the British Navy 1700-1861', J. soc. Hist., 1976, 10: 72-98.
5. See, for a representative sample, Rictor Norton, The myth of the modern homosexual, London, Cassell, 1997; Randolph Trumbach, 'Sex, gender, and sexual identity: male sodomy and female prostitution in Enlightenment London', J. Hist. Sexuality, 1991-2, 2: 186-203; Jeffrey Weeks, Coming out: homosexual politics in Britain from the nineteenth century to the present, London, Quartet Books, 1977; A N Gilbert, 'Buggery and the British Navy 1700-1861', J. soc. Hist., 1976, 10: 72-98.
6. The Act of 25 Hen. VIII c. 6, first enacted by Parliament in 1533, reproduced in Montgomery Hyde, The other love, Boston, Little Brown, 1970, frontispiece.
7. Hyde, op. cit., note 3 above, frontispiece, writes, "With the exception of the penalties of death and forfeiture of property, for which life imprisonment was substituted in 1861, the Act remained in substance on the Statute Book until 1967". That is, sodomy was a punishable felony.
8. See, for example, the attention which has been paid to the most famous nineteenth-century sodomy trial, Regina v. Boulton and Others (Park). Queen's Bench, May, 1871. William Roughead's, Bad companions, Edinburgh, W Green, 1930, pp. 149-83, seems to have been the first historical account of Boulton and Park, and has been used to frame those of most later writers, such as Hyde, op. cit., note 3 above, pp. 94-8; Ronald Pearsall, The worm in the bud, London, Weidenfield and Nicolson, 1969, pp. 461-7. The best account of the-trial is William Cohen, Sex scandal: the private parts of Victorian culture, Durham, NC, and London, Duke University Press, 1996, pp. 73-129. Recently to hand is Charles Upchurch, 'Forgetting the unthinkable: cross-dressers and British society in the case of the Queen vs. Boulton and others', Gender Hist., 2000, 12: 127-57.
9. See, for example, the attention which has been paid to the most famous nineteenth-century sodomy trial, Regina v. Boulton and Others (Park). Queen's Bench, May, 1871. William Roughead's, Bad companions, Edinburgh, W Green, 1930, pp. 149-83, seems to have been the first historical account of Boulton and Park, and has been used to frame those of most later writers, such as Hyde, op. cit., note 3 above, pp. 94-8; Ronald Pearsall, The worm in the bud, London, Weidenfield and Nicolson, 1969, pp. 461-7. The best account of the-trial is William Cohen, Sex scandal: the private parts of Victorian culture, Durham, NC, and London, Duke University Press, 1996, pp. 73-129. Recently to hand is Charles Upchurch, 'Forgetting the unthinkable: cross-dressers and British society in the case of the Queen vs. Boulton and others', Gender Hist., 2000, 12: 127-57.
10. See, for example, the attention which has been paid to the most famous nineteenth-century sodomy trial, Regina v. Boulton and Others (Park). Queen's Bench, May, 1871. William Roughead's, Bad companions, Edinburgh, W Green, 1930, pp. 149-83, seems to have been the first historical account of Boulton and Park, and has been used to frame those of most later writers, such as Hyde, op. cit., note 3 above, pp. 94-8; Ronald Pearsall, The worm in the bud, London, Weidenfield and Nicolson, 1969, pp. 461-7. The best account of the-trial is William Cohen, Sex scandal: the private parts of Victorian culture, Durham, NC, and London, Duke University Press, 1996, pp. 73-129. Recently to hand is Charles Upchurch, 'Forgetting the unthinkable: cross-dressers and British society in the case of the Queen vs. Boulton and others', Gender Hist., 2000, 12: 127-57.
11. See, for example, the attention which has been paid to the most famous nineteenth-century sodomy trial, Regina v. Boulton and Others (Park). Queen's Bench, May, 1871. William Roughead's, Bad companions, Edinburgh, W Green, 1930, pp. 149-83, seems to have been the first historical account of Boulton and Park, and has been used to frame those of most later writers, such as Hyde, op. cit., note 3 above, pp. 94-8; Ronald Pearsall, The worm in the bud, London, Weidenfield and Nicolson, 1969, pp. 461-7. The best account of the-trial is William Cohen, Sex scandal: the private parts of Victorian culture, Durham, NC, and London, Duke University Press, 1996, pp. 73-129. Recently to hand is Charles Upchurch, 'Forgetting the unthinkable: cross-dressers and British society in the case of the Queen vs. Boulton and others', Gender Hist., 2000, 12: 127-57.
12. See, for example, the attention which has been paid to the most famous nineteenth-century sodomy trial, Regina v. Boulton and Others (Park). Queen's Bench, May, 1871. William Roughead's, Bad companions, Edinburgh, W Green, 1930, pp. 149-83, seems to have been the first historical account of Boulton and Park, and has been used to frame those of most later writers, such as Hyde, op. cit., note 3 above, pp. 94-8; Ronald Pearsall, The worm in the bud, London, Weidenfield and Nicolson, 1969, pp. 461-7. The best account of the-trial is William Cohen, Sex scandal: the private parts of Victorian culture, Durham, NC, and London, Duke University Press, 1996, pp. 73-129. Recently to hand is Charles Upchurch, 'Forgetting the unthinkable: cross-dressers and British society in the case of the Queen vs. Boulton and others', Gender Hist., 2000, 12: 127-57.
13. See Neil Bartlett Who was that man? A present for Mr Oscar Wilde, London, Serpent's Tail, 1988, pp. 93-163; Jeffrey Weeks, 'Inverts, perverts, and Mary-Annes: male prostitution and the regulation of homosexuality in England in the nineteenth and twentieth centuries', in idem, Against nature, London, Rivers Oram Press, 1991, pp. 43-68. Alan Sinfield, The Wilde century: effeminacy, Oscar Wilde, and the queer moment, London, Cassell, 1994, addresses the differences between Weeks and Neil Bartlett on Boulton and Park.
14. See Neil Bartlett Who was that man? A present for Mr Oscar Wilde, London, Serpent's Tail, 1988, pp. 93-163; Jeffrey Weeks, 'Inverts, perverts, and Mary-Annes: male prostitution and the regulation of homosexuality in England in the nineteenth and twentieth centuries', in idem, Against nature, London, Rivers Oram Press, 1991, pp. 43-68. Alan Sinfield, The Wilde century: effeminacy, Oscar Wilde, and the queer moment, London, Cassell, 1994, addresses the differences between Weeks and Neil Bartlett on Boulton and Park.
15. See Neil Bartlett Who was that man? A present for Mr Oscar Wilde, London, Serpent's Tail, 1988, pp. 93-163; Jeffrey Weeks, 'Inverts, perverts, and Mary-Annes: male prostitution and the regulation of homosexuality in England in the nineteenth and twentieth centuries', in idem, Against nature, London, Rivers Oram Press, 1991, pp. 43-68. Alan Sinfield, The Wilde century: effeminacy, Oscar Wilde, and the queer moment, London, Cassell, 1994, addresses the differences between Weeks and Neil Bartlett on Boulton and Park.
16. See Lesley Hall, 'Heroes or villains? Reconsidering British sexology of the fin de siècle', in Lynne Segal (ed.), New sexual agendas, Basingstoke, Macmillan, 1997, pp. 1-16; some of the papers in Vernon A Rosario (ed.), Science and homosexualities, London and New York, Routledge, 1997, and in Lucy Bland and Laura Doan (eds.), Sexology in culture, Cambridge, Polity Press, 1998; and Weeks, op. cit., note 2 above.
17. See Lesley Hall, 'Heroes or villains? Reconsidering British sexology of the fin de siècle', in Lynne Segal (ed.), New sexual agendas, Basingstoke, Macmillan, 1997, pp. 1-16; some of the papers in Vernon A Rosario (ed.), Science and homosexualities, London and New York, Routledge, 1997, and in Lucy Bland and Laura Doan (eds.), Sexology in culture, Cambridge, Polity Press, 1998; and Weeks, op. cit., note 2 above.
18. See Lesley Hall, 'Heroes or villains? Reconsidering British sexology of the fin de siècle', in Lynne Segal (ed.), New sexual agendas, Basingstoke, Macmillan, 1997, pp. 1-16; some of the papers in Vernon A Rosario (ed.), Science and homosexualities, London and New York, Routledge, 1997, and in Lucy Bland and Laura Doan (eds.), Sexology in culture, Cambridge, Polity Press, 1998; and Weeks, op. cit., note 2 above.
19. See Lesley Hall, 'Heroes or villains? Reconsidering British sexology of the fin de siècle', in Lynne Segal (ed.), New sexual agendas, Basingstoke, Macmillan, 1997, pp. 1-16; some of the papers in Vernon A Rosario (ed.), Science and homosexualities, London and New York, Routledge, 1997, and in Lucy Bland and Laura Doan (eds.), Sexology in culture, Cambridge, Polity Press, 1998; and Weeks, op. cit., note 2 above.
20. Havelock Ellis, Sexual inversion, Philadelphia, F A Davis, 1915, 'Introduction'. Much attention has been directed towards Continental sex psychology: see Jörg Hutter, 'The social construction of homosexuals in the nineteenth century: the shift from sin to the influence of medicine in criminalizing sodomy in Germany', J. Homosex., 1993, 24: 73-93; Gert Hekma, 'A history of sexology: social and historical aspects of sexuality', in Jan Bremmer (ed.), From Sappho to De Sade: moments in the history of sexuality, New York, Routledge, 1989, pp. 173-93, and many of the articles in Rosario (ed.), op. cit., note 7 above.
21. Havelock Ellis, Sexual inversion, Philadelphia, F A Davis, 1915, 'Introduction'. Much attention has been directed towards Continental sex psychology: see Jörg Hutter, 'The social construction of homosexuals in the nineteenth century: the shift from sin to the influence of medicine in criminalizing sodomy in Germany', J. Homosex., 1993, 24: 73-93; Gert Hekma, 'A history of sexology: social and historical aspects of sexuality', in Jan Bremmer (ed.), From Sappho to De Sade: moments in the history of sexuality, New York, Routledge, 1989, pp. 173-93, and many of the articles in Rosario (ed.), op. cit., note 7 above.
22. Havelock Ellis, Sexual inversion, Philadelphia, F A Davis, 1915, 'Introduction'. Much attention has been directed towards Continental sex psychology: see Jörg Hutter, 'The social construction of homosexuals in the nineteenth century: the shift from sin to the influence of medicine in criminalizing sodomy in Germany', J. Homosex., 1993, 24: 73-93; Gert Hekma, 'A history of sexology: social and historical aspects of sexuality', in Jan Bremmer (ed.), From Sappho to De Sade: moments in the history of sexuality, New York, Routledge, 1989, pp. 173-93, and many of the articles in Rosario (ed.), op. cit., note 7 above.
23. Havelock Ellis, Sexual inversion, Philadelphia, F A Davis, 1915, 'Introduction'. Much attention has been directed towards Continental sex psychology: see Jörg Hutter, 'The social construction of homosexuals in the nineteenth century: the shift from sin to the influence of medicine in criminalizing sodomy in Germany', J. Homosex., 1993, 24: 73-93; Gert Hekma, 'A history of sexology: social and historical aspects of sexuality', in Jan Bremmer (ed.), From Sappho to De Sade: moments in the history of sexuality, New York, Routledge, 1989, pp. 173-93, and many of the articles in Rosario (ed.), op. cit., note 7 above.
24. For a recent essay review which considers these problems in relation to the history of medicine, see Ludmilla Jordanova, 'The construction of medical knowledge', Soc. Hist. Med., 1995, 8: 361-81 . Science studies have long been using these techniques. See Steven Shapin's review of the sociology of scientific knowledge, 'Here and everywhere: sociology of scientific knowledge', Annual Rev. Sociol., 1995, 25: 289-321.
25. For a recent essay review which considers these problems in relation to the history of medicine, see Ludmilla Jordanova, 'The construction of medical knowledge', Soc. Hist. Med., 1995, 8: 361-81 . Science studies have long been using these techniques. See Steven Shapin's review of the sociology of scientific knowledge, 'Here and everywhere: sociology of scientific knowledge', Annual Rev. Sociol., 1995, 25: 289-321.
26. Lesley Hall, '"The English have hot water bottles": the morganatic marriage between sexology and medicine since William Acton', in Roy Porter and Mikulas Teich (eds), Sexual knowledge, sexual science, Cambridge University Press, 1994, pp. 350-66.
27. As already mentioned, there was a great reticence for English doctors to engage explicitly and solely in writing about sexuality, for it was often assumed that they would appear less respectable in the eyes of their peers; see ibid. Of course, this does not mean that no medical practitioners wrote about such topics, but the same practitioners might not have comparable successes in the medical world as, say, an ophthalmic surgeon.
28. Roger Smith, Trial by medicine: insanity and responsibility in Victorian trials, Edinburgh University Press, 1981, on p. 109. See also idem, 'Legal frameworks for British psychiatry', in G Berrios and H Freeman, 150 years of British psychiatry, London, Gaskell, 1991, pp. 137-51; idem, 'Expertise and causal attribution in deciding between crime and mental disorder', Soc. Stud. Sci., 1985, 15: 67-98
29. Roger Smith, Trial by medicine: insanity and responsibility in Victorian trials, Edinburgh University Press, 1981, on p. 109. See also idem, 'Legal frameworks for British psychiatry', in G Berrios and H Freeman, 150 years of British psychiatry, London, Gaskell, 1991, pp. 137-51; idem, 'Expertise and causal attribution in deciding between crime and mental disorder', Soc. Stud. Sci., 1985, 15: 67-98
30. Roger Smith, Trial by medicine: insanity and responsibility in Victorian trials, Edinburgh University Press, 1981, on p. 109. See also idem, 'Legal frameworks for British psychiatry', in G Berrios and H Freeman, 150 years of British psychiatry, London, Gaskell, 1991, pp. 137-51; idem, 'Expertise and causal attribution in deciding between crime and mental disorder', Soc. Stud. Sci., 1985, 15: 67-98
31. For a discussion of the growing acceptance of sexological and psychoanalytical concepts of homosexuality in the criminal justice system in England in the inter-war period, see Chris Waters, 'Havelock Ellis, Sigmund Freud and the state: discourses of homosexual identity in interwar Britain', in Bland and Doan (eds), op. cit., 7 above.
32. See Adrian Desmond, The politics of evolution, Chicago University Press, 1989; Pauline Mazumdar, 'Anatomical physiology and the reform of medical education: London, 1825-35', Bull. Hist. Med., 1983, 57: 230-46. For an example pertaining to the importation of sexual knowledge from France, see William Acton, 'On the condition and treatment of venereal disease in Paris, from notes taken from a recent visit to the French metropolis', Lancet, 1850, ii: 51-3; and idem, 'Remarks on the present treatment of venereal disease in the hospitals of Paris, as observed during a recent visit to that city', Lond. med J., 1850, ii: 605-7
33. See Adrian Desmond, The politics of evolution, Chicago University Press, 1989; Pauline Mazumdar, 'Anatomical physiology and the reform of medical education: London, 1825-35', Bull. Hist. Med., 1983, 57: 230-46. For an example pertaining to the importation of sexual knowledge from France, see William Acton, 'On the condition and treatment of venereal disease in Paris, from notes taken from a recent visit to the French metropolis', Lancet, 1850, ii: 51-3; and idem, 'Remarks on the present treatment of venereal disease in the hospitals of Paris, as observed during a recent visit to that city', Lond. med J., 1850, ii: 605-7
34. See Adrian Desmond, The politics of evolution, Chicago University Press, 1989; Pauline Mazumdar, 'Anatomical physiology and the reform of medical education: London, 1825-35', Bull. Hist. Med., 1983, 57: 230-46. For an example pertaining to the importation of sexual knowledge from France, see William Acton, 'On the condition and treatment of venereal disease in Paris, from notes taken from a recent visit to the French metropolis', Lancet, 1850, ii: 51-3; and idem, 'Remarks on the present treatment of venereal disease in the hospitals of Paris, as observed during a recent visit to that city', Lond. med J., 1850, ii: 605-7
35. See Adrian Desmond, The politics of evolution, Chicago University Press, 1989; Pauline Mazumdar, 'Anatomical physiology and the reform of medical education: London, 1825-35', Bull. Hist. Med., 1983, 57: 230-46. For an example pertaining to the importation of sexual knowledge from France, see William Acton, 'On the condition and treatment of venereal disease in Paris, from notes taken from a recent visit to the French metropolis', Lancet, 1850, ii: 51-3; and idem, 'Remarks on the present treatment of venereal disease in the hospitals of Paris, as observed during a recent visit to that city', Lond. med J., 1850, ii: 605-7
36. See M Jeanne Peterson, The medical profession in mid-Victorian London, Berkeley, University of California Press, 1978.
37. Ibid., p. 248; see also Anne Digby, Making a medical living, Cambridge University Press, 1994, pp. 33-4.
38. Ibid., p. 248; see also Anne Digby, Making a medical living, Cambridge University Press, 1994, pp. 33-4.
39. Digby, op. cit., note 16, above, p. 6.
40. Ibid., p. 44.
41. See review of A S Taylor's Manual of medical jurisprudence, in Dublin Med. J., in the fly leaves of Taylor, A manual of medical jurisprudence, 2nd ed., London, John Churchill, 1846, which positions Beck's text in the contemporary forensic medical literature. For more on the general context of sexual forensic medicine, see Thomas C Forbes, Surgeons at the Bailey: English forensic medicine to 1878, New Haven and London, Yale University Press, 1985, esp. Introduction and pp. 86-91 for a discussion of forensic proofs of rape. Forbes does not address the evidence given in sodomy trials.
42. See review of A S Taylor's Manual of medical jurisprudence, in Dublin Med. J., in the fly leaves of Taylor, A manual of medical jurisprudence, 2nd ed., London, John Churchill, 1846, which positions Beck's text in the contemporary forensic medical literature. For more on the general context of sexual forensic medicine, see Thomas C Forbes, Surgeons at the Bailey: English forensic medicine to 1878, New Haven and London, Yale University Press, 1985, esp. Introduction and pp. 86-91 for a discussion of forensic proofs of rape. Forbes does not address the evidence given in sodomy trials.
43. See review of A S Taylor's Manual of medical jurisprudence, in Dublin Med. J., in the fly leaves of Taylor, A manual of medical jurisprudence, 2nd ed., London, John Churchill, 1846, which positions Beck's text in the contemporary forensic medical literature. For more on the general context of sexual forensic medicine, see Thomas C Forbes, Surgeons at the Bailey: English forensic medicine to 1878, New Haven and London, Yale University Press, 1985, esp. Introduction and pp. 86-91 for a discussion of forensic proofs of rape. Forbes does not address the evidence given in sodomy trials.
44. For a detailed study of the Becks, see James Mohr, Doctors and the law: medical jurisprudence in nineteenth-century America, Oxford University Press, 1993, pp. 15-28. Other chapters in the book also deal with the Becks.
45. T R Beck and J B Beck, Elements of medical jurisprudence, 7th ed., London, John Anderson, 1842, p. 119.
46. Taylor, op. cit., note 19, above, pp. 560-1. Specifically, this meant that same-sex fellatio was not illegal; something which would change in 1885, under the Law Amendment Act. See F B Smith, 'Labouchère's amendment to the Criminal Law Amendment Act', Hist. Stud., 1976, 17: 165-75. However, a case of fellatio could lead to a charge of conspiracy to commit sodomy, but, as William Cohen as shown, this charge amounted to proving whether or not sodomy had been committed, op. cit., note 5, above, pp. 87-9. For more on Taylor, see Noel G Coley, 'Alfred Swaine Taylor, MD, FRS (1806-1880): forensic lexicologist', Med. Hist., 1991, 34: 409-27, esp. pp. 412-15.
47. Taylor, op. cit., note 19, above, pp. 560-1. Specifically, this meant that same-sex fellatio was not illegal; something which would change in 1885, under the Law Amendment Act. See F B Smith, 'Labouchère's amendment to the Criminal Law Amendment Act', Hist. Stud., 1976, 17: 165-75. However, a case of fellatio could lead to a charge of conspiracy to commit sodomy, but, as William Cohen as shown, this charge amounted to proving whether or not sodomy had been committed, op. cit., note 5, above, pp. 87-9. For more on Taylor, see Noel G Coley, 'Alfred Swaine Taylor, MD, FRS (1806-1880): forensic lexicologist', Med. Hist., 1991, 34: 409-27, esp. pp. 412-15.
48. Taylor, op. cit., note 19, above, pp. 560-1. Specifically, this meant that same-sex fellatio was not illegal; something which would change in 1885, under the Law Amendment Act. See F B Smith, 'Labouchère's amendment to the Criminal Law Amendment Act', Hist. Stud., 1976, 17: 165-75. However, a case of fellatio could lead to a charge of conspiracy to commit sodomy, but, as William Cohen as shown, this charge amounted to proving whether or not sodomy had been committed, op. cit., note 5, above, pp. 87-9. For more on Taylor, see Noel G Coley, 'Alfred Swaine Taylor, MD, FRS (1806-1880): forensic lexicologist', Med. Hist., 1991, 34: 409-27, esp. pp. 412-15.
49. Taylor, op. cit., note 19, above, pp. 560-1. Specifically, this meant that same-sex fellatio was not illegal; something which would change in 1885, under the Law Amendment Act. See F B Smith, 'Labouchère's amendment to the Criminal Law Amendment Act', Hist. Stud., 1976, 17: 165-75. However, a case of fellatio could lead to a charge of conspiracy to commit sodomy, but, as William Cohen as shown, this charge amounted to proving whether or not sodomy had been committed, op. cit., note 5, above, pp. 87-9. For more on Taylor, see Noel G Coley, 'Alfred Swaine Taylor, MD, FRS (1806-1880): forensic lexicologist', Med. Hist., 1991, 34: 409-27, esp. pp. 412-15.
50. Taylor, op. cit., note 19, above, p. 561.
51. A S Taylor, Principles and practice of medical jurisprudence, London, John Churchill, 1865, vol. 2, p. 1018.
52. A S Taylor, Manual of medical jurisprudence, London, John Churchill, 1849, p. 644.
53. The same was the case in Germany, where the two newest approaches to same-sex activity after 1850 were Karl Heinrich Ulrichs, who theorized that a homosexual person was one with the physical body of one sex, and the soul of the other (see John Addington Symonds' contribution to Ellis and Symonds, Sexual Inversion, Watford, London University Press, 1897, repr. New York, Arno Press, 1975, Appendix C, 'Ulrichs's View'), and Johann Casper's 'Ueber Nothzucht und Päderastie und deren Ermittelung Seitens des Gerichtesarztes', Vierteljahrschrift für gerichtliche öffentliche Medizin, 1852, 1, repr. in Joachim Hohmann (ed.), Der unterdrückte Sexus, Berlin, Achenbach, 1977, pp. 239-70. Casper addressed the writing of Paul Zacchias, the seventeenth-century legal scholar, on the issue of proof of sodomy. This was expanded in J L Casper, A handbook of the practice of forensic medicine, based upon personal experience, 4 vols, trans. G W Balfour, London, The Sydenham Society, 1861 (I), 1862 (II), 1864 (III), 1865 (IV), esp. volume three. After Casper, scholars like Benjamin Tarnowsky, The sexual instinct and its morbid manifestations from the double standpoint of jurisprudence and psychiatry, trans. W C Costello and Alfred Allinson, Paris, Charles Carrington, 1898 [orig. 1885], and Richard von Krafft-Ebing, Psychopathia sexualis, with especial reference to contrary sexual instinct: a medico-legal study, trans. C G Chaddock, from 7th German ed., Philadelphia, F A Davis, 1892 [orig. 1886], addressed the forensic aspects of same-sex activity. Thus the development of sex psychology on the Continent was not totally removed from the issue of homosexuality and the legal problem which exacerbated writing on same-sex activity either.
54. The same was the case in Germany, where the two newest approaches to same-sex activity after 1850 were Karl Heinrich Ulrichs, who theorized that a homosexual person was one with the physical body of one sex, and the soul of the other (see John Addington Symonds' contribution to Ellis and Symonds, Sexual Inversion, Watford, London University Press, 1897, repr. New York, Arno Press, 1975, Appendix C, 'Ulrichs's View'), and Johann Casper's 'Ueber Nothzucht und Päderastie und deren Ermittelung Seitens des Gerichtesarztes', Vierteljahrschrift für gerichtliche öffentliche Medizin, 1852, 1, repr. in Joachim Hohmann (ed.), Der unterdrückte Sexus, Berlin, Achenbach, 1977, pp. 239-70. Casper addressed the writing of Paul Zacchias, the seventeenth-century legal scholar, on the issue of proof of sodomy. This was expanded in J L Casper, A handbook of the practice of forensic medicine, based upon personal experience, 4 vols, trans. G W Balfour, London, The Sydenham Society, 1861 (I), 1862 (II), 1864 (III), 1865 (IV), esp. volume three. After Casper, scholars like Benjamin Tarnowsky, The sexual instinct and its morbid manifestations from the double standpoint of jurisprudence and psychiatry, trans. W C Costello and Alfred Allinson, Paris, Charles Carrington, 1898 [orig. 1885], and Richard von Krafft-Ebing, Psychopathia sexualis, with especial reference to contrary sexual instinct: a medico-legal study, trans. C G Chaddock, from 7th German ed., Philadelphia, F A Davis, 1892 [orig. 1886], addressed the forensic aspects of same-sex activity. Thus the development of sex psychology on the Continent was not totally removed from the issue of homosexuality and the legal problem which exacerbated writing on same-sex activity either.
55. The same was the case in Germany, where the two newest approaches to same-sex activity after 1850 were Karl Heinrich Ulrichs, who theorized that a homosexual person was one with the physical body of one sex, and the soul of the other (see John Addington Symonds' contribution to Ellis and Symonds, Sexual Inversion, Watford, London University Press, 1897, repr. New York, Arno Press, 1975, Appendix C, 'Ulrichs's View'), and Johann Casper's 'Ueber Nothzucht und Päderastie und deren Ermittelung Seitens des Gerichtesarztes', Vierteljahrschrift für gerichtliche öffentliche Medizin, 1852, 1, repr. in Joachim Hohmann (ed.), Der unterdrückte Sexus, Berlin, Achenbach, 1977, pp. 239-70. Casper addressed the writing of Paul Zacchias, the seventeenth-century legal scholar, on the issue of proof of sodomy. This was expanded in J L Casper, A handbook of the practice of forensic medicine, based upon personal experience, 4 vols, trans. G W Balfour, London, The Sydenham Society, 1861 (I), 1862 (II), 1864 (III), 1865 (IV), esp. volume three. After Casper, scholars like Benjamin Tarnowsky, The sexual instinct and its morbid manifestations from the double standpoint of jurisprudence and psychiatry, trans. W C Costello and Alfred Allinson, Paris, Charles Carrington, 1898 [orig. 1885], and Richard von Krafft-Ebing, Psychopathia sexualis, with especial reference to contrary sexual instinct: a medico-legal study, trans. C G Chaddock, from 7th German ed., Philadelphia, F A Davis, 1892 [orig. 1886], addressed the forensic aspects of same-sex activity. Thus the development of sex psychology on the Continent was not totally removed from the issue of homosexuality and the legal problem which exacerbated writing on same-sex activity either.
56. The same was the case in Germany, where the two newest approaches to same-sex activity after 1850 were Karl Heinrich Ulrichs, who theorized that a homosexual person was one with the physical body of one sex, and the soul of the other (see John Addington Symonds' contribution to Ellis and Symonds, Sexual Inversion, Watford, London University Press, 1897, repr. New York, Arno Press, 1975, Appendix C, 'Ulrichs's View'), and Johann Casper's 'Ueber Nothzucht und Päderastie und deren Ermittelung Seitens des Gerichtesarztes', Vierteljahrschrift für gerichtliche öffentliche Medizin, 1852, 1, repr. in Joachim Hohmann (ed.), Der unterdrückte Sexus, Berlin, Achenbach, 1977, pp. 239-70. Casper addressed the writing of Paul Zacchias, the seventeenth-century legal scholar, on the issue of proof of sodomy. This was expanded in J L Casper, A handbook of the practice of forensic medicine, based upon personal experience, 4 vols, trans. G W Balfour, London, The Sydenham Society, 1861 (I), 1862 (II), 1864 (III), 1865 (IV), esp. volume three. After Casper, scholars like Benjamin Tarnowsky, The sexual instinct and its morbid manifestations from the double standpoint of jurisprudence and psychiatry, trans. W C Costello and Alfred Allinson, Paris, Charles Carrington, 1898 [orig. 1885], and Richard von Krafft-Ebing, Psychopathia sexualis, with especial reference to contrary sexual instinct: a medico-legal study, trans. C G Chaddock, from 7th German ed., Philadelphia, F A Davis, 1892 [orig. 1886], addressed the forensic aspects of same-sex activity. Thus the development of sex psychology on the Continent was not totally removed from the issue of homosexuality and the legal problem which exacerbated writing on same-sex activity either.
57. The same was the case in Germany, where the two newest approaches to same-sex activity after 1850 were Karl Heinrich Ulrichs, who theorized that a homosexual person was one with the physical body of one sex, and the soul of the other (see John Addington Symonds' contribution to Ellis and Symonds, Sexual Inversion, Watford, London University Press, 1897, repr. New York, Arno Press, 1975, Appendix C, 'Ulrichs's View'), and Johann Casper's 'Ueber Nothzucht und Päderastie und deren Ermittelung Seitens des Gerichtesarztes', Vierteljahrschrift für gerichtliche öffentliche Medizin, 1852, 1, repr. in Joachim Hohmann (ed.), Der unterdrückte Sexus, Berlin, Achenbach, 1977, pp. 239-70. Casper addressed the writing of Paul Zacchias, the seventeenth-century legal scholar, on the issue of proof of sodomy. This was expanded in J L Casper, A handbook of the practice of forensic medicine, based upon personal experience, 4 vols, trans. G W Balfour, London, The Sydenham Society, 1861 (I), 1862 (II), 1864 (III), 1865 (IV), esp. volume three. After Casper, scholars like Benjamin Tarnowsky, The sexual instinct and its morbid manifestations from the double standpoint of jurisprudence and psychiatry, trans. W C Costello and Alfred Allinson, Paris, Charles Carrington, 1898 [orig. 1885], and Richard von Krafft-Ebing, Psychopathia sexualis, with especial reference to contrary sexual instinct: a medico-legal study, trans. C G Chaddock, from 7th German ed., Philadelphia, F A Davis, 1892 [orig. 1886], addressed the forensic aspects of same-sex activity. Thus the development of sex psychology on the Continent was not totally removed from the issue of homosexuality and the legal problem which exacerbated writing on same-sex activity either.
58. The same was the case in Germany, where the two newest approaches to same-sex activity after 1850 were Karl Heinrich Ulrichs, who theorized that a homosexual person was one with the physical body of one sex, and the soul of the other (see John Addington Symonds' contribution to Ellis and Symonds, Sexual Inversion, Watford, London University Press, 1897, repr. New York, Arno Press, 1975, Appendix C, 'Ulrichs's View'), and Johann Casper's 'Ueber Nothzucht und Päderastie und deren Ermittelung Seitens des Gerichtesarztes', Vierteljahrschrift für gerichtliche öffentliche Medizin, 1852, 1, repr. in Joachim Hohmann (ed.), Der unterdrückte Sexus, Berlin, Achenbach, 1977, pp. 239-70. Casper addressed the writing of Paul Zacchias, the seventeenth-century legal scholar, on the issue of proof of sodomy. This was expanded in J L Casper, A handbook of the practice of forensic medicine, based upon personal experience, 4 vols, trans. G W Balfour, London, The Sydenham Society, 1861 (I), 1862 (II), 1864 (III), 1865 (IV), esp. volume three. After Casper, scholars like Benjamin Tarnowsky, The sexual instinct and its morbid manifestations from the double standpoint of jurisprudence and psychiatry, trans. W C Costello and Alfred Allinson, Paris, Charles Carrington, 1898 [orig. 1885], and Richard von Krafft-Ebing, Psychopathia sexualis, with especial reference to contrary sexual instinct: a medico-legal study, trans. C G Chaddock, from 7th German ed., Philadelphia, F A Davis, 1892 [orig. 1886], addressed the forensic aspects of same-sex activity. Thus the development of sex psychology on the Continent was not totally removed from the issue of homosexuality and the legal problem which exacerbated writing on same-sex activity either.
59. A S Taylor, Principles and practice of medical jurisprudence, ed. T Stevenson, 3rd ed., London, John Churchill, 1883, vol. 2, p. 459.
60. The transcriptions of this trial are taken from Public Record Office DPP4/6. Referencing follows under headings (e.g., 'The evidence of Mr. Paul'). A fuller examination of the construction of medical evidence in the trial and its relationship to wider social issues is due to appear in Gary Edmond and Ivan Crozier, 'The importance of being ignorant: the construction of medical evidence in R. v. Boulton and Park', forthcoming. For other aspects of the trial, see Cohen, op. cit., note 5 above.
61. There is some problem with the legality of Paul's initial investigations. The Lord Chief Justice of the Central Criminal Courts (Cockburn) reproved Paul for his cavalier activities, which were not authorized by either the police or a magistrate. See Cohen, op. cit., note 5 above, p. 79. There are some obvious similarities between the enforced investigations of Boulton and Park and the investigations of prostitutes sanctioned by the contemporary Contagious Diseases Acts.
62. Carl Westphal, 'Die conträre Sexualempfindung. Symptom eines neuropathischen (psychopathischen) Zustandes', Archive für Psychiatrie und Nervenkrankenheit, 1869, 1, repr. in Hohmann, op. cit., note 26 above; this text was noticed after the trial in an anonymous report on Archive für Psychiatrie, 1869, in Journal of Mental Science, 1871, 16: 422. Westphal's article has been hailed by Michel Foucault as the beginning of a science of sexuality; see Foucault, The history of sexuality, volume 1: An introduction, trans. Robert Hurley, London, Penguin, 1990, p. 43.
63. Carl Westphal, 'Die conträre Sexualempfindung. Symptom eines neuropathischen (psychopathischen) Zustandes', Archive für Psychiatrie und Nervenkrankenheit, 1869, 1, repr. in Hohmann, op. cit., note 26 above; this text was noticed after the trial in an anonymous report on Archive für Psychiatrie, 1869, in Journal of Mental Science, 1871, 16: 422. Westphal's article has been hailed by Michel Foucault as the beginning of a science of sexuality; see Foucault, The history of sexuality, volume 1: An introduction, trans. Robert Hurley, London, Penguin, 1990, p. 43.
64. Carl Westphal, 'Die conträre Sexualempfindung. Symptom eines neuropathischen (psychopathischen) Zustandes', Archive für Psychiatrie und Nervenkrankenheit, 1869, 1, repr. in Hohmann, op. cit., note 26 above; this text was noticed after the trial in an anonymous report on Archive für Psychiatrie, 1869, in Journal of Mental Science, 1871, 16: 422. Westphal's article has been hailed by Michel Foucault as the beginning of a science of sexuality; see Foucault, The history of sexuality, volume 1: An introduction, trans. Robert Hurley, London, Penguin, 1990, p. 43.
65. Carl Westphal, 'Die conträre Sexualempfindung. Symptom eines neuropathischen (psychopathischen) Zustandes', Archive für Psychiatrie und Nervenkrankenheit, 1869, 1, repr. in Hohmann, op. cit., note 26 above; this text was noticed after the trial in an anonymous report on Archive für Psychiatrie, 1869, in Journal of Mental Science, 1871, 16: 422. Westphal's article has been hailed by Michel Foucault as the beginning of a science of sexuality; see Foucault, The history of sexuality, volume 1: An introduction, trans. Robert Hurley, London, Penguin, 1990, p. 43.
66. Tarnowsky, op. cit., note 26 above; Krafft-Ebing, op. cit., note 26 above; Albert Moll, Perversions of the sexual instinct: a study of sexual inversion based on clinical data and official documents, trans. M Popkin, New York, American Ethnological Society, 1976, were the most important psychologists who addressed homosexuality and the law. See Vern Bullough, 'The physician and research into human sexual behaviour in nineteenth-century Germany', Bull. Hist. Med., 1992, 66: 247-67.
67. Tarnowsky, op. cit., note 26 above; Krafft-Ebing, op. cit., note 26 above; Albert Moll, Perversions of the sexual instinct: a study of sexual inversion based on clinical data and official documents, trans. M Popkin, New York, American Ethnological Society, 1976, were the most important psychologists who addressed homosexuality and the law. See Vern Bullough, 'The physician and research into human sexual behaviour in nineteenth-century Germany', Bull. Hist. Med., 1992, 66: 247-67.
68. Tarnowsky, op. cit., note 26 above; Krafft-Ebing, op. cit., note 26 above; Albert Moll, Perversions of the sexual instinct: a study of sexual inversion based on clinical data and official documents, trans. M Popkin, New York, American Ethnological Society, 1976, were the most important psychologists who addressed homosexuality and the law. See Vern Bullough, 'The physician and research into human sexual behaviour in nineteenth-century Germany', Bull. Hist. Med., 1992, 66: 247-67.
69. Tarnowsky, op. cit., note 26 above; Krafft-Ebing, op. cit., note 26 above; Albert Moll, Perversions of the sexual instinct: a study of sexual inversion based on clinical data and official documents, trans. M Popkin, New York, American Ethnological Society, 1976, were the most important psychologists who addressed homosexuality and the law. See Vern Bullough, 'The physician and research into human sexual behaviour in nineteenth-century Germany', Bull. Hist. Med., 1992, 66: 247-67.
70. Taylor, op. cit., note 27, above, vol. 2, p. 459. This kind of evidence was still being used in the 1930s. See John Glaister and John Glaister, Jr, A text-book of medical jurisprudence and toxicology, Edinburgh, Livingstone, 1931, where they write: "The lesions which ought to be looked for by the examiner are of the following character: (a) Recent lacerations of the mucous membrane of the anus; (b) Dilation of anus and absence of puckering of anal introitus, in habitual cases; (c) An infundibuliform-shape of the anal introitus; (d) The presence of old lacerations, as indicated by cicatrices", p. 550.
71. Taylor, op. cit., note 27, above, vol. 2, p. 459. This kind of evidence was still being used in the 1930s. See John Glaister and John Glaister, Jr, A text-book of medical jurisprudence and toxicology, Edinburgh, Livingstone, 1931, where they write: "The lesions which ought to be looked for by the examiner are of the following character: (a) Recent lacerations of the mucous membrane of the anus; (b) Dilation of anus and absence of puckering of anal introitus, in habitual cases; (c) An infundibuliform-shape of the anal introitus; (d) The presence of old lacerations, as indicated by cicatrices", p. 550.
72. Taylor, op. cit., note 27, above, p. 459.
73. Taylor, Principles and Practice of medical jurisprudence, 6th edition, ed. F Smith, London, John Churchill, 1910, vol. 2, p. 291. Smith further noted: "Masturbation: readers of Krafft-Ebing's 'Psychopathia Sexualis' will not need to be informed how the practice of this 'crime against self' may easily lead to crime against others. So long as the act is not done openly the law cannot take notice of it, though medical men are aware of its terrible effects", p. 291.
74. It must be remembered that Smith's revision of Taylor was written after the Criminal Law Amendment Act of 1885. Smith drew attention to the relevant section: "Any male person who, in public or in private, commits, or is a part to the commission of, or procures or attempts to procure the commission of any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to imprisonment for a term not exceeding two years", 48 & 49 Vict. c. 69, s. 11, in ibid. For more information on this amendment, see Smith, op. cit., note 22 above.
75. Taylor, op. cit., note 34 above, p. 293.
76. Ibid.
77. Ibid., pp. 295-6. Cf. Acton, who suggested the opposite, and was inclined to leniency.
78. Steve Marcus, The other Victorians, New York, Basic Books, 1966, p. xix; Havelock Ellis also used Acton as the archetype of Victorian medical discourses on sexuality in 'The erotic rights of women', London, British Society for the Study of Sex Psychology Publication, 1918.
79. Steve Marcus, The other Victorians, New York, Basic Books, 1966, p. xix; Havelock Ellis also used Acton as the archetype of Victorian medical discourses on sexuality in 'The erotic rights of women', London, British Society for the Study of Sex Psychology Publication, 1918.
80. Thomas Laqueur, Making sex: body and gender from the Greeks to Freud, Cambridge, MA, Harvard University Press, 1990, p. 196.
81. M J Peterson, '"Dr" Acton's enemy: medicine, sex and society in Victorian England', Victorian Studies, 1986, 29: 569-90, p. 585.
82. Mary Spongberg, Feminizing venereal disease, New York University Press, 1997, p. 46.
83. Ibid., p. 50.
84. Hall, op. cit., note 10 above, p. 351. See also Roy Porter and Lesley Hall, Facts of life, New Haven, Yale University Press, 1995. To situate Acton in his medical and professional context further, see Ivan Crozier, 'William Acton and the history of sexuality: the professional and medical contexts', J. Victorian Culture, 2000, 5: 1-27.
85. Hall, op. cit., note 10 above, p. 351. See also Roy Porter and Lesley Hall, Facts of life, New Haven, Yale University Press, 1995. To situate Acton in his medical and professional context further, see Ivan Crozier, 'William Acton and the history of sexuality: the professional and medical contexts', J. Victorian Culture, 2000, 5: 1-27.
86. Hall, op. cit., note 10 above, p. 351. See also Roy Porter and Lesley Hall, Facts of life, New Haven, Yale University Press, 1995. To situate Acton in his medical and professional context further, see Ivan Crozier, 'William Acton and the history of sexuality: the professional and medical contexts', J. Victorian Culture, 2000, 5: 1-27.
87. As, say, Lynda Nead does in Myths of sexuality, Oxford, Blackwell, 1988.
88. William Acton, A practical treatise on diseases of the urinary and generative organs (in both sexes), 2nd ed., London, John Churchill, 1851, p. 330.
89. Ibid., p. 331.
90. Ibid., pp. 331-2. This material is also dealt with by August Tardieu, Etude médico-légale sur les attentants aux mæurs, Paris, Librairie J-B Ballière et Fils, 1857, and Casper, op. cit., note 26 above, and is given considerable importance in the trial of Boulton and Park, discussed below.
91. Ibid., pp. 331-2. This material is also dealt with by August Tardieu, Etude médico-légale sur les attentants aux mæurs, Paris, Librairie J-B Ballière et Fils, 1857, and Casper, op. cit., note 26 above, and is given considerable importance in the trial of Boulton and Park, discussed below.
92. Ibid., pp. 331-2. This material is also dealt with by August Tardieu, Etude médico-légale sur les attentants aux mæurs, Paris, Librairie J-B Ballière et Fils, 1857, and Casper, op. cit., note 26 above, and is given considerable importance in the trial of Boulton and Park, discussed below.
93. Inoculation was the practice of extracting some of the pus from a suspect ulcer, and infecting a clean site on the patient's body. If a characteristic syphilitic ulcer appeared in the newly contaminated site, then one could conclude that the original sore was syphilitic. If it did not appear, then the original sore was concluded to be non-specific, caused by gonorrhoea or another such non-specific disease. This theory was developed by Philippe Ricord, pre-germ theory. See Acton, 'On the advantages to be derived from the study of inoculation, in the investigation and treatment of the disease', Lancet, 1839-40, i: 351-4; idem, 'Advantages of inoculation in the venereal disease', Lancet, 1839-40, i: 533-5.
94. Inoculation was the practice of extracting some of the pus from a suspect ulcer, and infecting a clean site on the patient's body. If a characteristic syphilitic ulcer appeared in the newly contaminated site, then one could conclude that the original sore was syphilitic. If it did not appear, then the original sore was concluded to be non-specific, caused by gonorrhoea or another such non-specific disease. This theory was developed by Philippe Ricord, pre-germ theory. See Acton, 'On the advantages to be derived from the study of inoculation, in the investigation and treatment of the disease', Lancet, 1839-40, i: 351-4; idem, 'Advantages of inoculation in the venereal disease', Lancet, 1839-40, i: 533-5.
95. Idem, op. cit., note 46, above, p. 332. Of course, the law in England specified against unnatural acts, which did not necessarily mean male-male sodomy. Theoretically, prior to 1861, one could go to the gallows for sodomizing one's wife with her consent.
96. Ibid., p. 332. Acton also noticed that when discussing buboes - swollen lymph nodes - syphilis of the anus could be the cause. When a chancre of the anus existed, an enlargement of the inguinal glands may be noticed, pp. 470-1.
97. Acton, Functions and disorders of the reproductive organs, 4th ed., London, John Churchill, 1865, pp. 16-17.
98. Ibid., p. 17.
99. Ibid., p. 19. Vern Bullough has warned of the danger of mistaking masturbation for homosexuality in mid-nineteenth-century medical texts, so I am basing my conviction that Acton was writing of same-sex behaviour in his references to Juvenal, Martial, Ovid and Byron, and his discussion of "Platonic attachments" derived from Plato's Phædrus (p. 17). See Vern Bullough and Martha Voight, 'Homosexuality and its confusion with the "Secret Sin" in preFreudian America', J. Hist. Med, 1973, 28: 143-55.
100. Ibid., p. 19. Vern Bullough has warned of the danger of mistaking masturbation for homosexuality in mid-nineteenth-century medical texts, so I am basing my conviction that Acton was writing of same-sex behaviour in his references to Juvenal, Martial, Ovid and Byron, and his discussion of "Platonic attachments" derived from Plato's Phædrus (p. 17). See Vern Bullough and Martha Voight, 'Homosexuality and its confusion with the "Secret Sin" in preFreudian America', J. Hist. Med, 1973, 28: 143-55.
101. Ibid., p. 19. Vern Bullough has warned of the danger of mistaking masturbation for homosexuality in mid-nineteenth-century medical texts, so I am basing my conviction that Acton was writing of same-sex behaviour in his references to Juvenal, Martial, Ovid and Byron, and his discussion of "Platonic attachments" derived from Plato's Phædrus (p. 17). See Vern Bullough and Martha Voight, 'Homosexuality and its confusion with the "Secret Sin" in preFreudian America', J. Hist. Med, 1973, 28: 143-55.
102. Furthermore, criminologists such as Charles Mercier, at the beginning of the twentieth century, considered the "injury done to society" by unnatural offences "very remote", and thought that the "reprobation and abhorrence with which they [homosexual acts] are regarded" was due to the "degradation of human nature" and "the violation of the racial principle" that they involve. He also noted that homosexuality was treated as criminal, and as such was "punished as a rule with extreme severity", Crime and criminals, University of London Press, 1918, pp. 198-9. See also Mercier, Crime and insanity, London, Home University of Modern Knowledge, 1913, pp. 219-20.
103. Furthermore, criminologists such as Charles Mercier, at the beginning of the twentieth century, considered the "injury done to society" by unnatural offences "very remote", and thought that the "reprobation and abhorrence with which they [homosexual acts] are regarded" was due to the "degradation of human nature" and "the violation of the racial principle" that they involve. He also noted that homosexuality was treated as criminal, and as such was "punished as a rule with extreme severity", Crime and criminals, University of London Press, 1918, pp. 198-9. See also Mercier, Crime and insanity, London, Home University of Modern Knowledge, 1913, pp. 219-20.
104. See the pioneering works by John Lauritsen and David Thorstad, The homosexual rights movement, New York, Times Change Press, 1974; and James D Steakley, The homosexual emancipation movement in Germany, New York, Arno Press, 1975.
105. See the pioneering works by John Lauritsen and David Thorstad, The homosexual rights movement, New York, Times Change Press, 1974; and James D Steakley, The homosexual emancipation movement in Germany, New York, Arno Press, 1975.
106. See John Forrester, 'If p, then what? Thinking in cases', Hist. Human Sci., 1996, 9: 1-25; Ivan Crozier, 'Havelock Ellis, eonism and the patients' discourses; or, writing a book about sex', Hist. Psychiatry, forthcoming.
107. See John Forrester, 'If p, then what? Thinking in cases', Hist. Human Sci., 1996, 9: 1-25; Ivan Crozier, 'Havelock Ellis, eonism and the patients' discourses; or, writing a book about sex', Hist. Psychiatry, forthcoming.
108. George Savage, 'Case of sexual perversion in a man', J. Mental Sci., 1884, 30: 390-1, p. 390.
109. IbId.
110. Ibid.
111. Ibid., p. 391.
112. Ibid.
113. John Addington Symonds, Studies in sexual inversion (embodying: A study in Greek ethics and A problem in modern ethics), privately printed, London, 1928, pp. 6-7.
114. Ibid., p. 7.
115. [John Addington Symonds], A problem in modern ethics: being an inquiry into the phenomenon of sexual inversion, addressed especially to medical psychologists and jurists, privately printed, London, 1891, p. 18.
116. Ibid., p. 123.
117. Ibid., p. 124.
118. Ibid., p. 125.
119. Ibid., p. 129.
120. Ibid., p. 129. There are some similarities between Symonds' reasoning here and Sir James Paget's conception of masturbation. See Paget, 'Sexual hypochondriasis', in Paget, Clinical lectures and essays, 2nd ed., London, Longmans and Green, 1879, pp. 275-98.
121. Ibid., p. 129. There are some similarities between Symonds' reasoning here and Sir James Paget's conception of masturbation. See Paget, 'Sexual hypochondriasis', in Paget, Clinical lectures and essays, 2nd ed., London, Longmans and Green, 1879, pp. 275-98.
122. [Symonds], op. cit., note 65 above, p. 131.
123. Ibid., p. 132. Symonds was referring to the fact that Oxford and Cambridge both denied access to women whilst he was a student. The reader should recall Acton's comments about a classical education, above.
124. Ellis and Symonds, op. cit., note 26 above, p. 147. Following this, a long footnote in the Williams and Macmillan edition of 1897, but cut from the London University Press second edition (which I have been using for the rest of
125. See Krafft-Ebing, op. cit., note 26 above, and Moll, op. cit., note 31 above.
126. See Krafft-Ebing, op. cit., note 26 above, and Moll, op. cit., note 31 above.
127. Ellis to Symonds, 9/2/1893, British Library Add. MS 70524. Of course, this is not quite accurate, see Savage, op. cit., note 58 above.
128. Ellis and Symonds, op. cit., note 26 above, p. xi.
129. Ibid., pp. 152-3.
130. Ibid., p. 155.
131. Ibid., p. 156.
132. This situation was not changed even after the efforts of the feminist, vegetarian, poet and social philosopher, Edward Carpenter, who wrote a number of texts following in the vein of Ellis and especially Symonds. See Carpenter, Love's coining-of-age: a series of papers on the relation of the sexes, London, privately printed, 1930; idem, The intermediate sex, London and Manchester, privately printed, 1908, repr. 1921; idem, The intermediate type among primitive folk, London, G Allen, 1919.
133. This situation was not changed even after the efforts of the feminist, vegetarian, poet and social philosopher, Edward Carpenter, who wrote a number of texts following in the vein of Ellis and especially Symonds. See Carpenter, Love's coining-of-age: a series of papers on the relation of the sexes, London, privately printed, 1930; idem, The intermediate sex, London and Manchester, privately printed, 1908, repr. 1921; idem, The intermediate type among primitive folk, London, G Allen, 1919.
134. This situation was not changed even after the efforts of the feminist, vegetarian, poet and social philosopher, Edward Carpenter, who wrote a number of texts following in the vein of Ellis and especially Symonds. See Carpenter, Love's coining-of-age: a series of papers on the relation of the sexes, London, privately printed, 1930; idem, The intermediate sex, London and Manchester, privately printed, 1908, repr. 1921; idem, The intermediate type among primitive folk, London, G Allen, 1919.
135. Sheila Rowbotham and Jeffrey Weeks, Socialism and the new life, London, Pluto Press, 1977, and Christopher Nottingham, The pursuit of serenity: Havelock Ellis and the new politics, Amsterdam University Press, 1999.
136. Sheila Rowbotham and Jeffrey Weeks, Socialism and the new life, London, Pluto Press, 1977, and Christopher Nottingham, The pursuit of serenity: Havelock Ellis and the new politics, Amsterdam University Press, 1999.
137. See Waters, op. cit., note 13 above.
138. Of particular interest here is Pierre Bourdieu, Outline of a theory of practice, trans. R Nice, Cambridge University Press, 1977, pp. 159-71, and idem, 'The peculiar history of scientific reason', Sociol. Forum, 1991, 6: 3-26.
139. Of particular interest here is Pierre Bourdieu, Outline of a theory of practice, trans. R Nice, Cambridge University Press, 1977, pp. 159-71, and idem, 'The peculiar history of scientific reason', Sociol. Forum, 1991, 6: 3-26.