By J. Rollins
AIDS and the Sexuality of legislation maps the connection among sexuality and the legislation and technology of AIDS because it developed among 1985 and 1995. The ebook undertakes an in depth analyzing of case critiques from the federal appellate courts and argues that those scripts should be learn productively throughout the interpretive lens of irony. even though those texts count actually at the language of technological know-how to build an visual appeal of dealing with HIV transmission hazards, they rely figuratively on a sexual epistemology that relegates very important fragments of data to the world of the unknowable. complaints tested within the e-book take care of grownup companies, the health and wellbeing care undefined, and prisons.
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Additional info for AIDS and the Sexuality of Law: Ironic Jurisprudence
13 The law and economics movement, on the other hand, displays the increasing influence of science on legal work. What we must bear in mind is that scientism and abstraction are both powerful because they are narrative structures with which we organize the schemas that make the world meaningful. Although scientism, abstraction, and narrative are conceptually distinct and can be parsed, we should not overlook the fact that scientism and abstraction are subsets of the latter term, and that those narratives are a fundamental element through which the power of the state is enacted.
But even more potent, however, are the bits of information that are unknowable. Throughout the texts examined here, scientific narratives import factual evidence into case opinions, making outcomes appear inevitable. 16 The unknowable is neither simply information that existed but was unavailable at the time of trial, nor is it merely some set of unproven facts. The unknowable, as I am using the term, refers to factual and informational fragments that were present, available, and demonstrable, but that had to be overlooked in order for an opinion to make sense.
At the time that these cases were litigated, HIV had been identified as the causative agent behind AIDS and the ELISA test had been developed. Although the events that gave rise to some of these controversies took place in an earlier period of uncertainty, at the time all of these opinions were published scientists had established that HIV was transmitted through exchanges of bodily fluids: This fragment of information stands as the central “known” in the scripts below. Many possibilities for viral transmission are represented here, some of which are actually risky and some of which are not: masturbation, sexual intercourse, transfusions, needle sticks, bites, spitting, injection drug use, and rape.