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Impertinent practices: Deviant sexual practices and legal-political force

Abstract

This article has the initial objective of identifying how marginal sexual practices can provide the perception of law as a field in which the relation between normalization/control and the politics of rights is not contradictory. To do so, we use two procedures. The first is a conceptual analysis and the second makes use of concrete cases as examples for the understanding of the conceptual analysis. In the conceptual analysis we adopt the point of view that normalization in Michel Foucault is not control over given subjects, but the normative production of subjectivity itself. We formulate that the politics of rights can be understood as a practice of resistance against normative criteria of certain subjectivities, which would allow the normative re-signification. Between normalization and politics of rights, there is a circuit. With regard to the cases used, the pretension was to show that the ideal of completeness in law, when it fails, does not deal with anomie in relation to certain sexualities, but the perception that such sexualities are constituted outside normatively designed normality. Faced with this nonpredictability, the search for rights goes beyond that provoking a response, it also provokes a displacement of sexual normality presupposed by the normative subjectivities existent for the law. Thus, the sexual practices fabricated as marginal, find in the very terms of this normative construction the power of their resistance and to redesign normativity, having the law as an important field of resistance and resignification.

Keywords:
Deviant sexual practices; Normalization; Politics of rights

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