Constitutional Law

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

By J. Rollins

AIDS and the Sexuality of legislation maps the connection among sexuality and the legislations and technological know-how of AIDS because it developed among 1985 and 1995. The booklet undertakes an in depth interpreting of case reviews from the federal appellate courts and argues that those scripts could be learn productively throughout the interpretive lens of irony. even if those texts count actually at the language of technological know-how to build an visual appeal of coping 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 e-book 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

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15 24 AIDS AND THE SEXUALITY OF LAW AIDS has received little play at the Supreme Court level, making that a less powerful site from which to glean a better understanding of AIDS knowledge and its position in legal discourse. State and lower federal courts have, to date, played the more prominent role in managing and regulating knowledge about HIV. That expanding body of materials significantly influences the ways that AIDS policy is shaped, and thus it has an impact on the lives of people with HIV.

The scripts through which AIDS is made coherent, given meaning, and drawn into economies of social power employ schemas that are not merely latent but that actively negate other viable possibilities. AIDS and homosexuality here become mutually constitutive, and in ways that require ironic communication. At the level of the literal, this process takes effect through the language of science. In the Western imagination, science is an especially potent symbol and the invocation of scientific language carries enormous weight.

Legal scripts do not establish facts, but instead ostensibly rely on them (or find them) and work them into justifications for reallocations of social power. AIDS emerges from legal and scientific scripts through these same processes but in ways that are dependent upon the schemas of sexuality. At the same time, sexuality emerges from these legal scripts IRONIC JURISPRUDENCE 43 through the schemas of AIDS. When we compare the production of legal and scientific facts we see that the two are similar in their denial of constructedness, but the point of denial is somewhat different.

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