ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1994.tb00124.x

出版商:Blackwell Publishing Ltd    

年代:1994

数据来源: WILEY

摘要:

While traditionally social scientists saw politics as an independent force acting on law, today it seems appropriate to also view law as an agent in the construction of political identities, aspirations and tactics. Here, the AIDS epidemic illuminates this relationship. Soon after AIDS was identified, the cities of San Francisco and San Diego moved to close the gay baths as breeding grounds for the disease. The struggle over that policy reveals how law enters into the debates within the homosexual community, and at least partially constitutes individual identity in that community.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1994.tb00125.x

出版商:Blackwell Publishing Ltd    

年代:1994

数据来源: WILEY

摘要:

This study focuses on “extreme” cases, those in which “have‐nots,” usually people with HIV (PWAs), win HIV‐related disputes in direct contests with “haves.” Using extensive data gathered in the United States, we searched for a socio‐legal explanation of how PWAs have managed to win claims against insurance companies, government agencies, and other institutional plaintiffs. We also looked at judicial preoccupation with PWAs as carriers of contagion. We have observed that PWAs win against haves when: their needs‐based claims attract third parties with strategic interests and independent resources; and when litigators cause decision makers to identify with PWAs and employ proven scientific arguments to defeat fear of their clients' contagion. For example, gay activist lawyers devised such an effective strategy by defining PWAs as persons with disabilities and by extending to them the antidiscrimination protections won earlier by disability rights' lawyers. While this approach brought relief in court for some and secured a less onerous identity for PWAs, its importance is diminishing with the shifting epidemiology of HIV i

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1994.tb00126.x

出版商:Blackwell Publishing Ltd    

年代:1994

数据来源: WILEY

摘要:

Many people affected by HIV suffer discrimination in the workplace, both in seeking jobs and at the hands of their employers and colleagues, this article considers critically the way in which the law can and does protect people affected in this way. It begins with an overview of the legal provisions in both statute and common law in England and Wales which may be applied to cases of discrimination on the basis of HIV infection. The practical implications of those provisions are then considered with reference to five cases of workplace discrimination related to the author by people so affected. The article ends with a consideration of the future possibilities for effective laws to combat HIV discrimination.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1994.tb00127.x

出版商:Blackwell Publishing Ltd    

年代:1994

数据来源: WILEY

摘要:

This essay presents a community AIDS narrative concerning an alleged case of intentional HIV transmission between spiritual teacher and student. Analysis focuses on the relation between legal and popular representation of criminal intent, the denial of AIDS risk, and the neighborhood of belief. In this framework, alternative application of traditional criminal law and HIV‐specific penal statutes are considered as both prosecution strategies and opportunities for public spectacl

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1994.tb00128.x

出版商:Blackwell Publishing Ltd    

年代:1994

数据来源: WILEY

摘要:

This study views legal process as part of an interactive web of social and cultural relationships. While law may create public policy, its own creation is part of a complex system of institutional deference and subjective behaviors which reflect a larger cultural context. The fears engendered by AIDS help to highlight the underlying cultural biases and patterns of disease scare management ingrained in legal policymaking. These patterns are again enhanced when placed in a criminal context where the resident focus is one of controlling those who precipitate anxiety. Using a method of qualitative comparative analysis, this study concludes that the historical patterns of bias and institutional deference in disease scare management continues in modern criminal court process.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1994.tb00129.x

出版商:Blackwell Publishing Ltd    

年代:1994

数据来源: WILEY