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Just gardens? : On parks as spaces of law and morality

Author

Summary, in English

In this paper I discussed the garden of justice as a physical and social space in which law and morality become manifest.



My point of departure was a number of sites like the park Ørstedsparken in Copenhagen, which are, or have been, spaces where homosexual men meet up to have sex. The use of these outdoor spaces as cruising areas connects to the idea of the garden as a space which affords the opportunity to get lost in nature, both in terms of the spatial context and in a bodily (sexual) sense.



In response to the homosexual use of specific parks, authorities have been known to cut down bushes in order to expose (and thereby prevent) this natural, instinctive behaviour – a return to order (law) and potential justice. The desire to expose those who retreat to public parks to have sex, even if they are hidden and are not hurting anyone in the process, suggests that the real problem may be the hiddenness itself, perhaps because it represents a space which can be perceived as extralegal in a formal sense. Here it is interesting to consider the informal implications that this use of space has on the perception of safety and – by extension – law. For instance, unlike many other types of illegal activity, the use of parks as cruising sites means that they in some cases come to be seen as safer recreational areas for women than other parks, because the male homosexual use is perceived as precluding other types of illicit activity (e.g. heterosexual rape, robbery, drug dealing).



Additionally, while the cutting of bushes can be seen as a physical manifestation of the presence of law, the specific targeting of homosexual cruising sites may point to a moral aspect of justice. Given that it is no longer possible to suggest the removal of homosexual desire in people, could the cutting down of bushes at gay cruising sites be a surrogate way of imposing moral law upon those who fall outside of heteronormativity?

Topic

  • Art History

Keywords

  • cruising
  • homosexuality
  • homosexual
  • gay
  • parks
  • law
  • morality
  • heteronormativity
  • spatial justice

Conference name

Critical Legal Conference 2012

Conference date

2012-09-14 - 2012-09-16

Conference place

Stockholm, Sweden

Status

Published