By J. Rollins

AIDS and the Sexuality of legislations 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 examining of case evaluations from the federal appellate courts and argues that those scripts may be learn productively during the interpretive lens of irony. even if those texts depend actually at the language of technological know-how to build an visual appeal of coping with HIV transmission dangers, they rely figuratively on a sexual epistemology that relegates very important fragments of knowledge to the area of the unknowable. complaints tested within the publication take care of grownup companies, the future health care undefined, and prisons.

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36 Individuals do not rely on one type of processing alone, the extent of influence of either type may vary according to each situation, and neither is really an ideal type. It is no surprise that, given this summary emphasis on rationality, Sanders concludes that epistemological needs of the legal system are best served by rational processing. There are at least three elements of Professor Sanders’ argument that are of interest here. First, his emphasis on process intersects nicely with Ewick and Silbey’s description of legal consciousness: Both scientific knowledge and legal consciousness emerge from IRONIC JURISPRUDENCE 31 the interaction of individuals and institutions.

In fact, he observes, courts are not alone in drawing from both sides. Summarizing, he writes: Both legislatures and administrative agencies frequently distinguish the process of science from its products. They accept the constructionist insight that the process of doing science is a social enterprise and is subject to the buffeting, often distorting winds of social, political, economic, 30 AIDS AND THE SEXUALITY OF LAW and legal influences. ”34 In somewhat different terminology, Sanders devotes the remainder of his argument to underscoring the point—that legal knowledge emerges from a set of practices.

47 The ironic expression affirms on one level what it denies on the other, the literal and the figurative conflict. ”48 Meaning is slippery and elusive, and irony, perhaps better than other poetic devices, exposes the disjunctions between symbols, referents, intent, agency, and message. White’s discussion of irony highlights the tempestuous relationship between the literal and the figurative and, from this perspective, irony may appear to be primarily a property of texts. But such a view is too cramped, as White and Hutcheon strive to make clear, for irony is also an interpretive strategy that relies on the existence of discursive communities.

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