HIV transmission, public health detention and the recalcitrant subject of discipline
Kuoth, Lam v R and the co-constitution of public health and criminal law
Bibliographic Data
| ID | 14970972 |
|---|---|
| Authors | David J Carter (0000-0002-8430-6351, University of Technology Sydney, corresponding author) |
| Year | 2016 |
| Volume | 25 |
| Issue | 2 |
| Pages | 172-196 |
| Publication date | 2016-04-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2016.1238563 |
| OpenAlex | W2544491120 |
| Language | EN |
| Citations received | 2 |
| References cited | 22 |
The attempt to govern HIV through technologies of coercion, compulsion or detention has long raised significant questions for law, public health and state practice generally. In this vein, many public health writers have challenged the continued availability of criminal-legal sanction in relation to particular HIV-related events, namely where potential or actual transmission might result in constraint or deprivation of liberty by virtue of criminal punishment. Within public health practice, however, a variety of communicable disease approaches utilise the same technologies of constraint or deprivation of liberty, including administrative detention. As yet, the structural and operational connections between criminal legal and public health practices have not been adequately addressed. Here I read the recent case of Kuoth, Lam v R [2010] VSCA 103 (21 April 2010) as an event that disturbs the dominant frame of separation and difference that we have applied to the relationship between public health and criminal law. To do so, I draw principally upon the work of Foucault and his recent interpreters, Ben Golder and Peter Fitzpatrick. As I shall argue, despite a disjunction between these two powers of modernity, the operation of criminal law and public health are not at odds, but are rather mutually co-constitutive
Coercion (linguistics · Constitution · Criminal justice · Criminal law · Criminology · Political science · Principle of legality · Public health · Sociology · Criminal Justice and Corrections Analysis · Ethics and Legal Issues in Pediatric Healthcare · Human Rights and Development · Law · Medicine
Intimacy and Responsibility
The History of Sexuality Vol I
Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect
Re-reading Foucault
Foucault's Law
Prevalence and Public Health Implications of State Laws that Criminalize Potential HIV Exposure in the United States
New critical legal thinking
In This Miserable Spot Called Quarantine”
Foucault, Michel . Abnormal
Criminal law, public health, and governance of HIV exposure and transmission
Placing geographies of public health
Urban Geography Plenary Lecture—Public Health as Urban Politics, Urban Geography
Foucault and Law
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 2 |