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 legislation and technology of AIDS because it advanced among 1985 and 1995. The e-book undertakes a detailed studying of case evaluations from the federal appellate courts and argues that those scripts could 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 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 booklet care for grownup companies, the overall healthiness care undefined, and prisons.

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

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7 The theory of ironic jurisprudence developed here incorporates these insights. More pointedly, consciousness here encompasses not only legality, but also sexuality and its place in the construction of AIDS. The ways that the world works, what is possible, what is not, and allocations of resources— specifically within this single issue area—are things we can know through the schemas that emerge from the interaction of judges, litigants, experts, and witnesses in the institutional setting of the courts.

30 Feldman’s analysis, like that of Imwinkelried, also works predominantly at the level of scripts and considers the articulated standards by which judges can evaluate the admissibility of evidence. Her treatment of uncertainty and the differences she sees between the purposes of law and science start to move the discussion away from scripts and into the domain of consciousness, but ultimately she brings the focus back again to textual expressions of social power. ”31 The question is an important one that moves the debate further toward the domain of consciousness.

Pure scientific theory itself may depend for its development upon observation and properly engineered machines. 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.

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

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