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Chapter 1 1. Although prostitution functions as a discourse and I analyze it as such in this chapter, part of its discursive specificity is the way that it jumps from one discourse to another— particularly back to the legal and medical discourses from which it emerged. This happens most notably in defining, classifying and explaining the literary prostitute. For this reason, I think that the most complete and accurate way to view prostitution is as a discourse that is also inherently inter- and metadiscursive. 2. For a discussion of this tendency of legal histories to represent the law as a progressive development, minimizing ruptures, see Farinati 42–44; see Atondo Rodríguez 30–52, for a discussion of how the practices of prostitution were “transplanted” from the metropolis to Mexico in the sixteenth century. One clear continuity is the idea that it is the prostitute’s visibility —and hence the visibility of prostitution—that is the problem (D’Halmar 167; Gamboa, Santa 126–27, 256). 3. The abolition of prostitution was not entertained seriously at the time, as the attitude of tolerance as the lesser of two evils extended to Queen Isabel la Católica (Ladero Quesada 252). See Atondo Rodríguez 30–52 for a detailed discussion of how the practices of prostitution were “transplanted” from the metropolis to Mexico in the sixteenth century. 4. While Portuguese laws on prostitution had differed and would again differ from Spanish laws, under the Philippine union (1581–1640) the main trends in prostitution law in America were set by Spanish law and administered by the Inquisition. Spanish law had discounted prostitutes as witnesses implicitly since at least the mid-thirteenth century, when Alfonso X discredited the testimony of anyone “que fuere de mala vida” (Siete Partidas 67). 5. According to Socolow, while there was no clear legal difference under Felipe II among adultery and premarital sex and prostitution—all were lapses in “virtue” that jeopardized family “honor”–in practice this was about regulating the sexuality of the women who belonged to upper-class men. Thus, “there was little direct control over the sexuality of lower-class women” (Socolow 8). Prostitution thus represented the one terrain in which the sexuality of 171 k Notes K 172 Notes to Chapter 1 working women was directly regulated. The prevailing racism of colonial thought adds another layer to the selective enforcement of sexual norms: sexual “excess” was already attributed to women of color and was used both as grounds to ignore their victimization as prostitutes (Waldron in Levin 168) and as a way of stigmatizing the choice to avoid domestic service or slavery (Socolow 141). 6. Patricia Manning has chronicled the practices of Inquisitorial literary censorship, which were broad and thorough, but eclectic enough to seem incoherent, since any precise explanation of their criteria has been lost (Manning 6). At the same time, it is clear that the Inquisition was not particularly concerned with literature itself until the seventeenth century, at which point it became very concerned with hidden meanings in literary texts (10). 7. Darwinism, Positivism and Higienismo all dovetail in Latin America, where these trends all more or less arrived at once and took off at an accelerated pace, and where national prophylaxis laws and practices came together with Panamerican health initiatives such as the Oficina Sanitaria Internacional and the Unión Panamericana. For a detailed history of this nexus of law, medicine and religion in Chile, see Subercaseaux 203–31; their role in Argentina and Uruguay is also discussed in Guy 1999; 2000 and Trochon 2003; 2006, respectively. See Nouzeilles, Ficciones somáticasfor her fundamental analysis of how literature of the era thematized higienista preoccupations as an ailing body of the nation. See Salessi, Médicos maleantes for the study of higienismo as a nexus of medical, legal and literary discourses targeting homosexuality and how that which it criminalized was also something it disseminated. 8. The arguments over abolition, legalization and regulation continued into the twentieth century. For a thorough periodization of prostitution in Santiago de Chile, see Góngora Escobedo ; in Buenos Aires, see Guy, Sex and Danger in Buenos Aires and White Slavery and Mothers Alive and Dead; in Montevideo, see Trochon, Las mercenarias del amor; for a comparative approach to prostitution in Argentina, Brazil and Uruguay, see Trochon, Las rutas de Eros; in Mexico, see Núñez; Atondo Rodríguez; Ríos de la Torre and Suárez Escobar. 9. This organization is today the Panamerican Health Organization (PAHO), part...


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