從異端到性犯罪：男男性行為在中世紀歐洲入罪化歷程，1050-1350

From Heresy to Sexual Crime: A Study on the Criminalization of Male-male Sexual Acts in Medieval Europe, 1050-1350

在十二世紀以前，歐洲社會尚未出現大規模且系統性懲罰男男性行為者之現象。但自十二世紀中葉起，教會與世俗權力先後加入獵捕宗教異端的運動，男男性行為不但獲得「雞姦」醜名，也成為必須嚴懲之重罪。藉描繪1050年至1350年間教會與世俗權力論述異端與男男性行為的變化、宗教暨地方法律體系審理雞姦罪的手段演進，以及聖殿騎士團於1307年至1314年間的審判，本文試圖勾勒中世紀歐洲社會基於對異端的恐懼，將男男性行為入罪化的歷史軌跡。在論證男男性行為和雞姦罪實為特定歷史脈絡下，宗教與世俗權力因恐懼宗教他者－異教徒所建構出來的論述產物後，作者提出「雞姦即政治」的認識實踐，強調多元性別歷史研究之政治意義。

The systematic, large-scale persecution of men who had sex with men did not emerge until the twelfth century. At the time when the Church and secular powers engaged in the hunting of religious heresies, men who had sex with men also came to be stigmatized as “sodomites,” and male-male sexual acts were regarded as sexual crime that called for severe punishment. This article explores the process through which male-male sexual acts were criminalized in medieval Europe. It analyzes the discursive development of the concept of “heresy” vis-à-vis that of “sodomy” between 1050 and 1350. It also examines the ways in which the religious and secular legal systems dealt with the so-called sodomites. This article argues that part of the motives for criminalizing male-male sexual acts were out of a collective fear of the religious others. The view of sodomy as serious crime should thus be understood as a discursive construction produced within a specific historical-political context. By arguing “sodomy is political,” the author suggests that scholars of history and gender studies politicize the historical individuals of their study, especially those who were often found on the peripheries of the society.