Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare

Unbound: Harvard Journal of the Legal Left, Vol. 2, No. 7, 2006

26 Pages Posted: 23 Mar 2006  

Anthony C. Infanti

University of Pittsburgh - School of Law

Abstract

Inspired by Giorgio Agamben's Homo Sacer: Sovereign Power and Bare Life, this essay raises the question whether lesbians and gay men should fundamentally rethink their relationship with the law. Until now, lesbians and gay men have played by the rules: We bide our time for the appropriate moment to challenge the application of the law, and then do so from within the legal system through impact litigation. Focusing on Agamben's discussion of Kafka's parable, "Before the Law," this essay challenges us to consider whether, instead of engaging the law on its own terms, lesbians and gay men should use the law as a tool against itself in an effort to open the way for a meaningful and thorough reconsideration of the appropriate relationship between sexual orientation and legal and social norms.

Keywords: sexual orientation, lesbian, gay, homosexual, tax, agamben, homo sacer, guerrilla, civil rights

JEL Classification: K00, K10, K30, K34, K41, K42

Suggested Citation

Infanti, Anthony C., Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare. Unbound: Harvard Journal of the Legal Left, Vol. 2, No. 7, 2006. Available at SSRN: https://ssrn.com/abstract=891788

Anthony C. Infanti (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1244 (Phone)
412-648-2648 (Fax)

HOME PAGE: http://www.law.pitt.edu/people/anthony-c-infanti

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