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

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By J. Rollins

AIDS and the Sexuality of legislations maps the connection among sexuality and the legislation and technological know-how of AIDS because it developed among 1985 and 1995. The booklet undertakes a detailed analyzing of case evaluations from the federal appellate courts and argues that those scripts might be learn productively throughout the interpretive lens of irony. even supposing those texts count actually at the language of technology to build an visual appeal of handling HIV transmission hazards, they rely figuratively on a sexual epistemology that relegates vital fragments of data to the world of the unknowable. complaints tested within the e-book take care of grownup companies, the well-being care undefined, and prisons.

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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.

26 Edward Imwinkelried here recognizes the skepticism in the Court’s language and then proceeds to offer some suggestions and criteria for judges that might guide their hand in difficult credibility contests. By commending the Supreme Court’s good sense in not directing lower courts to establish credibility criteria for every discipline or “constraining nonscientific expertise with an ill-fitting straightjacket,”27 he avoids moving the discussion entirely into the domain of consciousness but recognizes the social power inherent in these schemas that emerge from the interaction of individuals and social structures.

25 Not surprisingly, much of this debate among legal scholars centers on the power judges wield as evidentiary gatekeepers and the problematic conceptual issues that arise when the two discursive universes collide: It would prove difficult, if not impossible, for judges to administer evidentiary rules under which a gatekeeping obligation depended upon a distinction between “scientific” knowledge and “technical” or “other specialized” knowledge. There is no clear line that divides the one from the others.

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