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Scholars are still unsure why American cities passed cross-dressing bans over the closing decades of the nineteenth century. By the 1960s, cities in every region of the United States had cross-dressing regulations, from major metropolitan centers to small cities and towns. They were used to criminalize gender non-conformity in many forms - for feminists, countercultural hippies, cross-dressers (or “transvestites”), and people we would now consider transgender. Starting in the late 1960s, however, criminal defendants began to topple cross-dressing bans.
The story of their success invites a re-assessment of the contemporary LGBT movement’s legal history. This article argues that a trans legal movement developed separately but in tandem with constitutional claims on behalf of gays and lesbians. In some cases, gender outlaws attempted to defend the right to cross-dress without asking courts to understand or adjudicate their gender. These efforts met with mixed success: courts began to recognize their constitutional rights, but litigation also limited which gender outlaws could qualify as trans legal subjects. Examining their legal strategies offers a window into the messy process of translating gender non-conforming experiences and subjectivities into something that courts could understand. Transgender had to be analytically separated from gay and lesbian in life and law before it could be reattached as a distinct minority group.
In this special issue of Modern Italy, four early-career scholars examine how the study of objects and images rooted in Fascist imperialist history enables a sustained interrogation of Italy's colonial imaginary. Their articles explore the diverse possibilities offered by the study of visual and material culture for scholars of imperialism, as it is precisely this realm of visual and material culture that emerges as a site of negotiation in which different individuals and constituencies contended with the regime's ideology.
I want to begin by thanking the editors of Law and History Review for hosting this rich exchange on Vice Patrol, as well as Marie-Amélie George, Yvonne Pitts, and Steven Maynard for their generous and generative comments. Engaging so deeply and so rigorously with another scholar's project, connecting it to one's own research and even to one's own life experience, is an act of remarkable collegiality, and I am grateful for their time and reflections.
This article investigates how the Ethiopian war was represented by Epoca – the most prolific Italian weekly news magazine for illustrated reportage in postwar Italy – during the last phase of Italian colonialism (1950–60). The analysis focuses specifically on two photographic commemorations published on the twentieth (1955) and twenty-fifth anniversary (1960). The aim of this contribution is to examine these iconotexts in order to display how the interplay between images and words transmitted a selective and codified memory whose path mainly moved from nostalgia to pride while remaining characterised by a complete rejection of the feeling of shame. This representation was not even questioned by the references to those elements that will be considered, in the long-term, as evidence of the brutality of this colonial enterprise: those signals appear not to have been removed, but rather silenced and not truly comprehended, preventing the sense of shame from taking root in Epoca until 1995.
Between the judicial reorganizations of 1924 and 1941, the colonial tribunals in Dahomey heard more than two hundred cases of rape. Teenage or younger girls engaged in street hawking were the most common victims of rape who reported their assaults to these tribunals. Many of the cases stand out because market women played the dominant role in transforming girl hawkers’ experiences of sexual assault into formal grievances. The history of sexual assault in colonial Africa has largely focused on how ‘customary’ and colonial courts have or have not punished the crime of rape. This approach privileges masculine authorities’ views of sex, consent, and gender violence. This article focuses on the investigative processes in cases of sexual assault. In doing so, two gendered histories emerge: firstly, a history of elder female caregiving to girls suffering the aftereffects of sexual assaults and, secondly, a history of the vulnerability of hawkers to quotidian sexual violence.
For the last 20 years, research on European colonialism has addressed private photo collections. Prior to that, interest was focused specifically on propaganda photography. In the hope that privately kept material could offer new, more ‘authentic’ insights into colonial everyday life, researchers have so far mostly ignored the mass-produced images which are often part of such private collections, too. But especially when the question arises of how mass-produced images functioned as consensus-building tools, of what impact they had on the ground, they seem to be a promising source. Therefore, this paper on mass-produced images of the 1935–41 Italo-Ethiopian War in private photography collections probes how ‘ordinary’ soldiers used images, what meanings they created in the process, and, thereby, how they positioned themselves relative to the Fascist regime's dominant colonial discourse. This article answers these questions by drawing on the private collections of four so-called ‘allogeni’, German-speaking Italian citizens from the province of Bozen/Bolzano, who took part in the 1935–41 Italo-Ethiopian War.
In this article, we explore the “probate regime,” an administrative field of government activity of legally transferring, taxing, and administering bequests. As an example, we study the changes of the Egyptian probate regime in a longue durée perspective, with a focus on the nineteenth century when Egypt was a sub-Ottoman “khedivate.” We argue that the rationalization and expansion of the previously Ottoman administration of bequests, unlike Western bureaucracies, retained religious norms in the 1850s-1860s. In the context of Egyptian legal transformation, the change in the probate regime represents a case when Islamic norms became contested between administrative bodies of the government and the Muslim judge (qadi). Drawing on novel archival research in Egypt and elsewhere, we first consider the institutions of the Ottoman probate regime (probate judge, fees, and a probate bureau). Next, we zoom in on the way the khedivial probate bureau became a large, de-Ottomanized, Muslim administration of death by the 1870s in a partnership between khedives and local jurists. The khedives also considered the orphans’ wealth under the care of the bureau a source of government capitalism. Despite the abolishment of the probate bureau in 1896, the khedivial transformation ensured that Muslim principles remained normative during the British occupation which ushered in a new division of law into “religious” and “civil” legal domains.
Auritro Majumder is Associate Professor of English at University of Houston. He is the author of Insurgent Imaginations: World Literature and the Periphery (Cambridge University Press, 2021) and currently chair of the South Asian and Diasporic Languages, Literatures and Cultures forum of the Modern Language Association.
Vice Patrol analyzes how reconfigurations in postwar gay public life, psychiatric research, and policing surveillance technologies recast Americans’ chimerical commitments to purging sexual vice. Before a more radical, visible queer liberation movement emerged after 1969, vice enforcement was not a monolithic project but rather a conglomeration of newly empowered post-Prohibition liquor agents, policing units, and judicial institutions. Enforcement practices and institutional priorities generated inconsistencies over policing sexual difference, creating conflicts that became embedded in judicial processes, themselves fraught with institutional pressures and contradictions. These legal and administrative configurations did more than enforce existing law regulating sexual deviance; they actively produced identifiable targeted groups believed to be predisposed to sexual criminality. Vice Patrol’s insights are urgent; they reveal and explain the historical, institutional, and political processes of negotiating human expression into criminal acts requiring state policing intervention. The intrusive tactics that Lvovsky chronicles did not disappear; they were redirected, which is best articulated in the liberal disillusionment with “urban renewal” and with the Nixon administration's “War on Crime” that targeted “high crime” areas in urban communities of color, propelling forward racialized mass incarceration.
This article is an attempt to make sense of the paradox structuring the narrative of extinction in Alfonso Cuarón’s Children of Men (2006), which juxtaposes a romanticized image of survival and rebirth and the ugliness of senseless death. Departing from a biopolitical framework, the article argues that Cuarón’s story represents extinction as beyond redemption yet as subject to regulation. Given the fact that the narrative is structured around the citizen/refugee nexus, I read the film as a story about the eschatological value of refugees to both cultural conceptualizations of human extinction and a reproduction of statist political identities. The film is thus not only about unequal access to death but also about how the difference between the citizen and the refugee can still be maintained in the face of climatic extinction when the regulation of life is no longer sufficient.
This article interrogates the South-South internationalism of two renowned US Latinx poets: Miguel Algarín’s abjection in Morocco in his poem “Tangiers” and Sandra María Esteves’s anti-apartheid poetry for the French Art contre/against apartheid project, which included the controversial participation of Jacques Derrida. Although these poems focus on different contexts of African liberation, both react to French coloniality. For Algarín, his Orientalist evocations of underage child prostitution operate under a French hegemony, coming into crisis when a third world alliance fails. In Esteves’s work, her poetic solidarity draws on Frantz Fanon’s experience of French colonization in Algeria but also comes into crisis when Derrida’s foreword for Art contre/against apartheid is challenged as Eurocentric. Although both engagements with African self-determination exhibit residues of a French hegemony undergirding and undercutting what I term is a poetic Latin-African solidarity, their South-South approach enriches postcolonial studies, in which Latin American, and by extension, Latinx identities have been sidelined.
Just a stone's throw from the campus of the university in Kingston, Ontario, where I teach, is a small park. Hugging a rocky stretch of Lake Ontario shoreline, Macdonald Park, named after Canada's first prime minister, is better known by locals as “Pervert Park.” Since at least World War II, Pervert Park has been the primary cruising ground in Kingston for men searching for sex with other men, a meeting place for a mix of mostly working-class men, men stationed at the nearby military base, and the occasional intrepid university student. For women, the park's name references a different kind of pervert and signals the potential danger of walking alone in the park at night. Two of the park's main features are the Newlands Pavilion, a bandstand built in 1896, and the Richardson bathhouse, which is really a public washroom and changing facility, and which, when it first opened in 1919, boasted lockers, hot-water showers, and a list of “rules that would be enforced to maintain decorum in the bathing house.” A paved path, punctuated by park benches, connects the pavilion and bathhouse, which, after dark, conveniently becomes an oval track for men cruising around and sometimes having sex behind the pavilion and bathhouse.
Breastfeeding, both in its literal consequences on a woman’s body and its symbolic associations with attachment, highlights the simultaneously powerful yet servile position of the maternal figure. I trace this ambivalence in Mahasweta Devi’s story “Breast-Giver,” exploring women’s literal and metaphorical hungers, as well as the hunger their children experience, arguing that breastfeeding often serves as a means of showcasing a woman’s physical limitation based on her familial status as “feeder.” However, I also argue for a profoundly embodied version of the breastfeeding trope, one that negates prior conceptions of breastfeeding as a “taking” and establishes it as a “giving” that not only nourishes one’s family, but also one’s self, as mothers circumvent hierarchical systems of cooking and food preparation. Ultimately, I both lay bare the interconnection between a woman’s body and food-based labor systems and reveal literary methods for their extrication, through narrative instances of breastfeeding.