This essay examines the work of Nancy Fraser and Seyla Benhabib, two philosophers who have demonstrated that feminist theorists can usefully draw upon both postmodernism and the critical theory tradition, with which Fraser and Benhabib are more clearly associated. I argue that each theorist claims the universal ideals and normative judgements of modernism, and the contextualism, particularity, and skepticism of postmodernism. I do this by revisiting each of their positions in the now well-known Feminist Contentions exchange, by examining the diverse ways in which they reconcile universalism and difference, and by exploring each theorist's critique of the Habermasian public sphere.
This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid-twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two competing paradigms for understanding homosexuality (status and conduct) were consolidated into a single model in which homosexual identity could be deduced from homosexual acts. Federal officials and the courts initially treated homosexuality as a form of conduct, most commonly deporting homosexuul aliens for having committed crimes of moral turpitude. Later, these same government entities relied on status provisions, deporting immigrants charged with homosexuality as aliens "aficted with psychopathic personality. " While the "psychopathic personality" terminology supported the notion that the homosexual was a kind of person rather than a set of behaviors, it also depended upon psychianists to support the claim that homosexuals were by definition psychopathic. When many psychiatrists distanced themselves from that idea, the government refused psychiatric opinion that differentiated psychopaths from homosexuals by arguing that these terns connoted legal-political rather than medicalized identity categories. While this conception arose out of a conservative impulse by immigration officials and the courts to fix homosexuality as identity so that it could be regulated (by bureaucrats rather than psychiatrists), I argue Margot Canaday is a Ph.D.
This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid‐twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two competing paradigms for understanding homosexuality (status and conduct) were consolidated into a single model in which homosexual identity could be deduced from homosexual acts. Federal officials and the courts initially treated homosexuality as a form of conduct, most commonly deporting homosexual aliens for having committed crimes of moral turpitude. Later, these same government entities relied on status provisions, deporting immigrants charged with homosexuality as aliens “afflicted with psychopathic personality.” While the “psychopathic personality” terminology supported the notion that the homosexual was a kind of person rather than a set of behaviors, it also depended upon psychiatrists to support the claim that homosexuals were by definition psychopathic. When many psychiatrists distanced themselves from that idea, the government refused psychiatric opinion that differentiated psychopaths from homosexuals by arguing that these terms connoted legal‐political rather than medicalized identity categories. While this conception arose out of a conservative impulse by immigration officials and the courts to fix homosexuality as identity so that it could be regulated (by bureaucrats rather than psychiatrists), I argue that the emphasis on legal‐political identity categories licensed a conception of the homosexual as a kind of citizen that had some emancipatory as well as repressive effects.
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