New PDF release: AIDS and the Sexuality of Law: Ironic Jurisprudence

By J. Rollins

ISBN-10: 0312240066

ISBN-13: 9780312240066

ISBN-10: 1403981221

ISBN-13: 9781403981226

AIDS and the Sexuality of legislation maps the connection among sexuality and the legislations and technological know-how of AIDS because it advanced among 1985 and 1995. The e-book undertakes a detailed examining of case critiques from the federal appellate courts and argues that those scripts should be learn productively during the interpretive lens of irony. even though those texts depend actually at the language of technology to build an visual appeal of handling HIV transmission dangers, they rely figuratively on a sexual epistemology that relegates very important fragments of data to the area of the unknowable. complaints tested within the publication take care of grownup companies, the wellbeing and fitness care undefined, and prisons.

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Extra resources for AIDS and the Sexuality of Law: Ironic Jurisprudence

Sample text

And Kumho Tire Co. v. Carmichael, and these latter cases are an improvement because they move legal knowledge production closer to the rituals accepted in science; this epistemological equivalence test is achieved with reference to the knowledge production rituals of social psychology. This brief sampling exemplifies some notable variations in the ways that people are thinking (and not thinking) about the intersection of legal and scientific scripts. They display strategies that range from almost entirely textual to a recognition of consciousness, but all are most centrally concerned with the types of criteria that courts should put into practice to negotiate the interactions of individuals in social structures.

But the use of science in legal discourse operates in the same way that Kenji Yoshino describes uses of the American flag: Its symbolic uses are overdetermined and simultaneously signify both the nationalism of the xenophobe and the pluralism of the liberal. AIDS legal scripts are similarly overdetermined in that they rely on the symbolism of science to simultaneously represent what is known about AIDS as well as what is not. ”17 These legends can provide coherence and stability, but they can also produce meaning in unexpected and troubled ways, particularly where uncertainties and contested significations are at stake.

Although legal language contains potent and vivid messages, its sexual logic is not always manifest. Exclusions do not require presences but they are evaluative; they also define who are the “insiders,” and rhetorical impact can be derived from counterfactuals. The practical necessities of legal language are apparent in the pages that follow. The scripts related below contain expert testimony, summaries of HIV transmission risks, evidence of serostatus, and evidence of potentially transmissive events, and at the level of the literal, they echo the concerns of scholars writing about law and science.

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AIDS and the Sexuality of Law: Ironic Jurisprudence by J. Rollins


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