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Record W2897199180 · doi:10.1525/nclr.2018.21.4.545

Seropolitics and the Criminal Accusation of HIV Non-Disclosure in Canada

2018· article· en· W2897199180 on OpenAlex
Amy Swiffen, Martin French

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueNew Criminal Law Review · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsnot available
Fundersnot available
KeywordsCriminalizationBiopowerCriminal lawPublic healthPolitical scienceGovernmentalityFalse accusationLawCriminologySociologyMedicine

Abstract

fetched live from OpenAlex

This paper examines the criminalization of HIV non-disclosure in Canada as a public health legal response. The analysis begins outside the public health framework to relate the criminalization of HIV to broader shifts in the relationship between life and law in contemporary forms of governance. It does this by drawing on the concepts of biopower and biopolitics to explain how the intersection of medical and legal knowledge creates an accusatorial framework that has made HIV criminalization possible. This idea is explored by tracing the historical development of the legal principle out of which the phenomenon has emerged (“fraud capable of vitiating consent to sexual relations”) and looking at how it has been applied in two contemporary HIV prosecution cases: R v. Aziga (2007) and R v. Ngeruka (2015). The second half of the paper examines the effectiveness of the criminal accusation of HIV non-disclosure as a public health legal response, focusing on its effect on advancing traditional public health goals. The discussion also points out how criminalization of HIV non-disclosure manifests broader tensions that have been recognized in public health legal responses to communicable disease, particularly the challenges of protecting the public while respecting individual rights. The paper concludes by arguing that control over blood blurs medical and legal forms of knowledge and power. This reflects a “seropolitical” landscape characterized by a criminal law accusatorial framework shaped by medical determinations of risk and harm.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.946
Threshold uncertainty score0.299

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.033
GPT teacher head0.316
Teacher spread0.283 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it