Download e-book for iPad: AIDS and the Sexuality of Law: Ironic Jurisprudence by J. Rollins

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 booklet undertakes a detailed analyzing of case critiques from the federal appellate courts and argues that those scripts will be learn productively throughout the interpretive lens of irony. even if those texts depend actually at the language of technological know-how to build an visual appeal of dealing with HIV transmission dangers, they count figuratively on a sexual epistemology that relegates vital fragments of data to the area of the unknowable. complaints tested within the publication care for grownup companies, the future health care undefined, and prisons.

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

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These scripts prominently rely on the products of science. 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.

The legal and political victories signaled by the decision are monumental, yet what the ruling also reflects is the recognition that sexuality is constructed and epistemological. Ultimately, what has evolved since 1986 are the schemas through which we know and make sense of sexual expression. Whereas Justice Scalia, and many others on the political right, would clearly prefer to maintain more damaging analogies—that is to say, that gays and lesbians are most like criminals, alcoholics, and prostitutes—the dominant narratives are now different.

12 Gewirtz’s observation is very diplomatic, and his point is well taken. 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.

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

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