The Victorian Legal System
Governmental and common laws tend to have a lasting effect. While that may seem obvious, given that is usually part of the intention, it can be problematic in many cases. When no official law or decree has been passed, governing bodies can approach problems in a variety of different ways and from a variety of different perspectives. Once a rule became "official," it was automatically set up for broad success. People had standard criteria for how to approach behaviors and events that fell under a certain category. Even if a law was found to be ineffective or unfair in some circumstances, the prestige of government endowment usually meant it would not be quickly changed. This was particularly true in Victorian England (Asal et al. 323-25).
The main legal point of contention in Gross Indecency is that of homosexual activity. Many laws and amendments regarding this had been passed over the years, and those in the Victorian times were particularly representative of an over-all attitude within the culture and legal system in regards to pleasure, art, individuality, and morality. The cultural norms are discussed in greater detail on the page on aesthetics, which can be found in the drop-down menu under "Background Information" or by following this link. This section serves to convey how these norms and opinions played out in the legal system.
Prejudice against homosexual acts and persons had been present in legal form in England since 1533, when English common law criminalized homosexual acts, then known as “buggery,” making it punishable by death. Due to the gradual natural of change in culture and law, particularly in the Victorian environment, abhorrent of change from their set standards and goals, "legal prohibitions against sodomy [became] entrenched in English law" (Asal et al. 325). Not much changed until the "1861 Offences Against the Person Act... [which] changed the penalty of the existing crime of sodomy from death to life imprisonment, and added the crimes of ‘attempted sodomy’ (covering every homosexual sexual act apart from sodomy), ‘assault with intent to commit sodomy’ and ‘indecent assault on a male person by a male person’ (covering any sexual act committed with a male under 16 by a male over 16)." Later came the infamous amendment that was indicted against Oscar Wilde and made famous the phrase after which the play is titled:
Prejudice against homosexual acts and persons had been present in legal form in England since 1533, when English common law criminalized homosexual acts, then known as “buggery,” making it punishable by death. Due to the gradual natural of change in culture and law, particularly in the Victorian environment, abhorrent of change from their set standards and goals, "legal prohibitions against sodomy [became] entrenched in English law" (Asal et al. 325). Not much changed until the "1861 Offences Against the Person Act... [which] changed the penalty of the existing crime of sodomy from death to life imprisonment, and added the crimes of ‘attempted sodomy’ (covering every homosexual sexual act apart from sodomy), ‘assault with intent to commit sodomy’ and ‘indecent assault on a male person by a male person’ (covering any sexual act committed with a male under 16 by a male over 16)." Later came the infamous amendment that was indicted against Oscar Wilde and made famous the phrase after which the play is titled:
Labouchere's Amendment, Clause 11 of the Criminal Law Amendment Act of 1885
"...any male person who, in public or private, commits, or is party to the commission of, or procures or attempts to procure the commission by 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 be imprisoned for any term not exceeding two years, with or without hard labour" (Brady 85).
In his article, "Homophobia, Class and Party in England," influential LGBT activist and academic David Rayside observes that "Rising middle-class families acquired an allegiance to the idea of hierarchy and order... the influence of a "family" ideology [was] embellished and reinforced in important ways during the eighteenth and nineteenth centuries" and notes the importance of understanding how lasting that ideology was and people's fears of any challenge to it (122, 127).
This information is effective and helpful due to the presence of courts and legislative matters creating almost the entirety of the play's plot. It can be helpful on a practical or curious level. For example, when Queen Victoria cites a clause of the Criminal Amendment Act, there is not much context given. Audience members might wonder if that act was the first of its kind or how it came about. It is also helpful in showing a tangible, observable result of Victorian ideals and customs. Homosexuality would not be a legal issue if personal sexuality and pursuit of pleasure were not social issues. Wilde's writings would not have been brought as evidence if there wasn't cultural controversy regarding art.
WILDE: I think that the realization of oneself is the prime aim in life, and to realize oneself through pleasure is surely finer than to do so through pain.
...
WILDE: I don't regret for a single moment having lived for pleasure. I did it to the full as one should do anything one does.
...
WILDE: ...I am concerned entirely with literature, that is, with art. I aim not at doing good or evil, but at making a thing that will have some quality of beauty.
Combined Works Cited and Further Reading
"English Literature"
"English literature." The Columbia Encyclopedia. New York: Columbia University Press, 2013. Credo Reference. Web. 20 April 2013.
Masculinity and Male Homosexuality in Britain: 1861-1913 by Sean Brady
This is an excellent source because it describes the time and place in which the play is set. It goes over many cultural and specific aspects of how male sexuality was dealt with. Chapter 4: "Legislation" is particularly relevant to this topic as it describes many of the laws and cases in effect during that time and even discusses the case of Oscar Wilde. The source also speaks of the lack of identity associated with homosexuality. In addition, the book brings forth light on the connection of the role of a masculine man and how it was affected by men who had sexual relations with men.
Brady, Sean. "Legislation." Masculinity and Male Homosexuality in Britain: 1861-1913. Palgrave Macmillion, 2005. p.85-118. Print. 20 Apr. 2013.
Brady, Sean. "Legislation." Masculinity and Male Homosexuality in Britain: 1861-1913. Palgrave Macmillion, 2005. p.85-118. Print. 20 Apr. 2013.
"Original Sin: A Cross-National Study of the Legality of Homosexual Acts" by Victor Asal, Udi Sommer, and Paul G. Harwood
This tells of a study done over laws and cases involving homosexuality throughout the world. The first few pages give some really great background information and overview. The overview is especially nice, since reading all the actual data can become tedious.
Asal, Victor, Udi Sommer, and Paul G. Harwood. "Original Sin: A Cross-National Study of the Legality of Homosexual Acts." Comparative Political Studies 46.3 (2013): 320-51. SAGE Journals. Web. 20 Apr. 2013.
Asal, Victor, Udi Sommer, and Paul G. Harwood. "Original Sin: A Cross-National Study of the Legality of Homosexual Acts." Comparative Political Studies 46.3 (2013): 320-51. SAGE Journals. Web. 20 Apr. 2013.
Who's Who in Gay and Lesbian History, Routledge by Henry (Du Pre) Labouchere
"Labouchere, Henry (Du Pre) (1831 - 1912)." Who's Who in Gay and Lesbian History, Routledge. London: Routledge, 2002. N. pag. Credo Reference. 1 Jan. 2001. Web. 22 Apr. 2013. http://www.credoreference.com/entry/routgayandles/labouchere_henry_du_pre_1831_1912.
Information Collected and Organized By:
Jessica Swim
Jessica Swim