Entre justice et psychiatrie: l’homosexualité dans le projet de Code pénal suisse (1918)
Summary
In 1942 the Swiss penal code depenalises homosexual acts between agreeing adults under some conditions. The genesis of the penal article shows that it was constructed before the First World War and bears marks of the forensic theories of the turn of the century. Both by direct contacts and the authority of its eminent figures, Swiss psychiatry exerts an unquestionable influence on the depenalisation. The conceptualisation of homosexuality is also strongly influenced by the German psychiatric theories and discussed in reference to Germanic law. By the penal article, the Swiss lawyers and psychiatrists link the homosexual question with the determination of the irresponsibility of criminal mental patients and degeneracy.
Keywords
- homosexuality
- forensic psychiatry
- Swiss and German psychiatrists
- Swiss penal code
- Auguste Forel
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Publication information
Institutions:
Authors:
Publisher:
Schwabe Verlag, Gesnerus 62 (2005) 62/3-4, pp. 237–256
Languages:
French
Media Type:
City:
Basel
Year:
2005
Themes:
Disciplines:
Research labels:
Sexual orientation
Politics
Health – medicine
Human rights – women's rights – minority rights
Subjects:
History
Genres:
Article