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''Sexual Morality and the Law'' is the transcription of a 1978 radio conversation in Paris between philosopher Michel Foucault, playwright/actor/lawyer Jean Danet, and novelist/gay activist Guy Hocquenghem, debating the idea of abolishing age of consent laws in France. In 1977, the issue was brought to public attention in France by a petition against age of consent laws addressed to the Parliament, defending the decriminalization of all consented sexual relations between adults and minors below the age of fifteen (the age of consent in France).〔 Foucault stated that the petition was signed by several philosophers including himself, Jacques Derrida, Louis Althusser, pediatrician and psychoanalyst Françoise Dolto, and also by people he described as belonging to a wide range of political positions.〔Foucault, Michel, edited by Lawrence D. Kritzman. ''Politics, Philosophy, Culture: Interviews and other writings 1977-1984.'' New York/London: Routledge, 1988, p.273. ISBN 0-415-90082-4.〕 The dialogue was broadcast on April 4, 1978 by radio France Culture.〔 It was originally published in French as ''La loi de la pudeur'' ("The law of decency" ) and reprinted in English as ''The Danger of Child Sexuality''.〔(【引用サイトリンク】title=The Danger of Child Sexuality – an interview with Michel Foucault )〕 The text was later included under the title ''Sexual Morality and the Law'' in Foucault’s book ''Politics, Philosophy, Culture – Interviews and other writings, 1977–1984''.〔.〕 ==Introduction== Foucault and Hocquenghem focus, in the first place, on the penalization of the "sexual offences", at the time of the 19th century, and on the invention by the then incipient Psychiatry of the category of the "perverts". Foucault points out that the French Penal Code of 1810 comprises 485 articles defining crimes, offenses, and misdemeanors as well as the resulting punishments. It was promulgated on February 12, 1810, and did not regulate the sexual behaviors, "as if sexuality was not the business of the law". He explains that legislation on sexuality during the 19th century and specially in the 20th century, at the time of Pétain and of the "Mirguet amendment" (1960). The Mirguet amendment of July 18, 1960, increased the penalties for "public insult against decency" between same sex couples. It has changed article 38 of the 1958 French constitution. Foucault, Hocquenghem and Danet denounce the increasing psychiatrization of society and the introduction of a social control over sexuality. Foucault had already outlined this analysis of what he calls the "device of sexuality" in his work ''The Will to Knowledge'' (1976). "All the legislation on sexuality", affirms Foucault, "introduced since the 19th century in France, is a set of laws on decency", which appears impossible to define, becoming thus a flexible tool politically used in several local tactics. Foucault stressed that: :''"What is emerging is a new penal system, a new legislative system whose function is not so much to punish offenses against these general laws concerning decency, as to protect populations and parts of populations regarded as particularly vulnerable"'' (for example children). ''"Therefore, there would be on one side the fragile population, and on the other side the "dangerous population" "'' (the adult in general). Danet affirms that "what takes place with the intervention of psychiatrists in court is a manipulation of the children's consent, a manipulation of their words". Using among other things the example of the movement of protest, in Germany, at the end of the 19th century, against article 175 of the German Penal Code which criminalized any homosexual act, Danet considers that the psychiatrists "expected only one thing from the abolition of this law, namely, to be able to take over the 'perverts'" (homosexuals were regarded at that time ) "for themselves and to treat them with all the knowledge that they claimed to have acquired since around 1860" (Danet cites then Morel and his ''Treaty of degenerescence'', published in 1857). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Sexual Morality and the Law」の詳細全文を読む スポンサード リンク
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