A True Sex, Yoke of the Law and Political Subjectivity

A True Sex, Yoke of the Law and Political Subjectivity To subjugate sexual practices is probably one of the oldest obsessions of the law. Nevertheless, the purpose of the law was for centuries not to demand a true sex, but to ban some sexual behaviours on the basis of matrimonial relations. Rather than the law, it has been the norm that constructs homo sexuality as a space of truth and intervention: The thing punished by the law was only a particular type of sexual relations. However, the thing called pathological by the norm is now homosexuality as a species. Hence, in parallel with this, either the law has been articulated to the norm, or it has gradually stepped back. Now, the law is once again on our agenda, but this time not to resist it: Now the law is the one that we call against hate speech and hate crimes. This article, by focusing on the transformation of the relation between crime, punishment and homosexuality, tries to determine the place of the law correctly on the one hand, and to question the handicap of the law in terms of political subjectivity on the other hand.