Academia.eduAcademia.edu

Literature in the Dock: The Trials of Oscar Wilde

2004, Journal of Law and Society

This essay uses the recently published expanded record of the Queensberry libel trial to revisit the relationship between the`literary' and`sexual' dimensions of the Wilde scandal. The defence was guided by an integrated conception of the links between the two that shaped both the public responses and the legal proceedings, including the criminal prosecution. The conflict between moral literalism and aesthetic indeterminacy not only informed the legal determination of sexual guilt but also was inflected by social class in ways that contributed to the construction of male homosexuality and of the`literary'. It is well known that the trials of Oscar Wilde included contested evidence concerning both his literary work and his sexual behaviour. Frequently these have been treated as two independent tracks with commentators emphasizing either the aesthetic movement that Wilde championed or the extension of criminalized homosexual conduct from sodomy to`gross indecency' between men. However, the defence in the Queensberry libel trial established intimate links between the two facets of the case. Given the proliferation of recent work on the history of sexuality, one scholar has commented that:`There is a tendency in some recent scholarship to forget that Wilde was by profession a literary man, and that it was his writing as much as his conduct that got him into trouble.' 1 William A. Cohen goes on to propose that`the way in which literature ± both specific literary works and the notion of the literary in general ± also went to court in his trials has often gone unnoticed.' 2 Cohen describes the conflict between Wilde's insistence 113