This essay introduces a collection of articles gathered under the theme of “law, science, and constitutions of life.” Together, they explore how revolutions in notions of what biological life is are eliciting correspondingly revolutionary imaginations of how life should be governed. The central theoretical contribution of the collection is to further elaborate the concept of bioconstitutionalism, which draws attention to especially consequential forms of coproduction at the law–life nexus. This introduction offers a theoretical discussion of bioconstitutionalism. It explores the constitutional (...) significance of interplay between scientific and technological power over life and a given political community’s shared imaginary of what modes of reasoning, judgment, and rule are proper and legitimate in a well-ordered state. It argues that knowing what life is for purposes of governance does not follow from scientific knowledge alone. Rather, such knowledge is refracted through culturally distinctive imaginaries that commit societies to particular understandings of what life means and what should be done to encourage its flourishing. (shrink)

Genetic testing has become a vehicle through which basic constitutional relationships between citizens and the state are revisited, reaffirmed, or rearticulated. The interplay between the is of genetic knowledge and the ought of government unfolds in the context of diverse imaginaries of the forms of human well-being, freedom, and flourishing that states have a duty to support. This article examines how the United Kingdom, Germany, and the United States governed testing for Alzheimer’s disease, and how they diverged in defining potential (...) harms, benefits, and objects of regulation. Comparison before and after the arrival of direct-to-consumer genetic tests reveals differences in national understandings of what it means to protect life and citizenship: in the United Kingdom, ensuring physical wellness through clinical utility; in the United States, protecting both citizens’ physical well-being and freedom to choose through a framework of consumer protection; and in Germany, emphasizing individual flourishing and an unburdened sense of human development that is expressed in genetic testing law and policy as a commitment to the stewardship of personhood. Operating with their own visions of what it means to protect life and citizenship, these three states arrived at settlements that coproduced substantially different bioconstitutional regimes around Alzheimer’s testing. (shrink)

Familial searching is a technology that detects genetic relatedness. The term is generally used to refer to searches conducted in criminal DNA databases to identify criminal suspects through their connection with relatives. Beyond criminal investigation purposes, familial searching might also be used for the identification of unknown bodies and missing persons. The United Kingdom and Poland are cases that illustrate the variability of familial searching meanings, uses, and regulations. In the United Kingdom, familial searching is regulated by exceptionality and is (...) mainly used for the identification of suspects in serious criminal cases. In Poland, familial searching is regulated within the framework of expanding the scope of its application to the search and/or identification of missing persons. Drawing on interviews with diverse key stakeholders in the United Kingdom and Poland, we address the ethical controversies of familial searching in the field of criminal investigation and in the domain of missing persons together. We argue that the views of stakeholders about the ethical controversies of familial searching lead to prescribing specific notions of social risks, public good, and the accountability of the state. (shrink)

Biobanks are custodial institutions that enhance the utility and value of biological materials by collecting and curating them. Their custodial functions tend to include ethical oversight and governance. This paper explores how biobanks increase the value of biological materials by standardizing routines of governance in order to engender “ethical efficiency.” Focusing in particular upon banking of human embryos for research, the article offers an historical account of how human embryos came to be “waste” available for use by researchers in the (...) US. It offers a case study of a human embryo biobank and the practices of ethical governance that the biobank employs to capture this waste and convert it into a valuable resource for research use. The article draws attention to the ways biobanks’ emphasis on efficiency and resolving problems of ethical governance up front codifies otherwise contested normative relationships and authorizes uses of human biological materials that some see as ethically problematic, even as it eliminates institutionalized mechanisms of reflection in which such problems would otherwise be acknowledged and confronted. (shrink)

The primary responsibility of the US Food and Drug Administration is to protect public health by ensuring the safety of the food supply. To that end, it sometimes conducts risk assessments of novel food products, such as genetically modified food. The FDA describes its regulatory review of GM food as a purely scientific activity, untainted by any normative considerations. This paper provides evidence that the regulatory agency is not justified in making that claim. It is argued that the FDA’s policy (...) stance on GM food is shaped by neoliberal considerations. The agency’s review of a genetically engineered animal, the AquAdvantage salmon, is used as a case study to track the influence of neoliberalism on its regulatory review protocol. After that, an epistemic argument justifying public engagement in the risk assessment of new GM food is outlined. It is because risk evaluations involve normative judgments, in a democracy, layperson representatives of informal epistemic communities that could be affected by a new GM food should have the opportunity to decide the ethical, political or other normative questions that arise during the regulatory review of that entity. (shrink)

This article is an analytic register of recent European efforts in the making of ‘autonomous’ robots to address what is imagined as Europe’s societal challenges. The paper describes how an emerging techno-epistemic network stretches across industry, science, policy and law to legitimize and enact a robotics innovation agenda. Roadmap is the main metaphor and organizing tool in working across the disciplines and sectors, and in aligning these heterogeneous actors with a machine-centric vision along a path to make way for ‘new (...) kinds’ of robots. We describe what happens as this industry-dominated project docks in a public–private partnership with pan-European institutions and a legislative initiative on robolaw. Emphasizing the co-production of robotics and European innovation politics, we observe how well-known uncertainties and scholarly debates about machine capabilities and human–machine configurations, are unexpectedly played out in legal scholarship and institutions as a controversy and a significant problem for human-centered legal frameworks. European robotics are indeed driving an increase in speculative ethics and a new-found weight of possible futures in legislative practice. (shrink)

Plant genome editing has the potential to become another chapter in the intractable debate that has dogged agricultural biotechnology. In 2016, 107 Nobel Laureates accused Greenpeace of emotional and dogmatic campaigning against agricultural biotechnology and called for governments to defy such campaigning. The Laureates invoke the authority of science to argue that Greenpeace is putting lives at risk by opposing agricultural biotechnology and Golden Rice and is notable in framing Greenpeace as unethical and its views as marginal. This paper examines (...) environmental, food and farming NGOs’ social and ethical concerns about genome editing, situating these concerns in comparison to alternative ethical assessments provided by the Nuffield Council on Bioethics, a key actor in this policy debate. In doing so, we show that participant NGOs and the Nuffield Council on Bioethics share considerable concerns about the social and ethical implications of genome editing. These concerns include choices over problem/solution framing and broader terminology, implications of regulatory and research choices on consumer choice and relations of power. However, GM-engaged NGOs and the Nuffield Council on Bioethics diverge on one important area: the NGOs seek to challenge the existing order and broaden the scope of debate to include deeply political questions regarding agricultural and technological choices. This distinction between the ethical positions means that NGOs provide valuable ethical insight and a useful lens to open up debate and discussion on the role of emerging technologies, such as genome editing, and the future of agriculture and food sovereignty. (shrink)

Emerging technologies like nanotechnologies are governed in different ways around the world. This article draws attention to an important element that can help to explain the emergence of this diversity in governance practices: the role of nanotechnology in nation-building. By investigating the relation between nanotechnology and the nation in India, the article demonstrates that various particularities of the Indian governance of nanotechnology can be explained by the relation between science, technology, and nation-building. The article discusses four instances in which the (...) governance of nanotechnology in India is informed by the role science and technology has in nation-building: the historical image of India as a country that can attain modernity and development by engaging with modern science and technology supported the government’s decision to free funds for nanotechnology research; the view of India as a country that cannot rely on foreign assistance to get access to the latest technologies reinforced the strategy to pro-actively pursue nanotechnology research and development itself; the historical use of science and technology as crucial elements in overcoming deeply rooted societal divisions enabled the science-centered way in which nanotechnology was governed; and the Indian ambition to become a global superpower informed the governance of nanotechnology as an object of international competition. The governance of nanotechnology in turn defines ‘Indianness’ in a post-liberalization world. (shrink)

The Bermuda Principles for DNA sequence data sharing are an enduring legacy of the Human Genome Project. They were adopted by the HGP at a strategy meeting in Bermuda in February of 1996 and implemented in formal policies by early 1998, mandating daily release of HGP-funded DNA sequences into the public domain. The idea of daily sharing, we argue, emanated directly from strategies for large, goal-directed molecular biology projects first tested within the “community” of C. elegans researchers, and were introduced (...) and defended for the HGP by the nematode biologists John Sulston and Robert Waterston. In the C. elegans community, and subsequently in the HGP, daily sharing served the pragmatic goals of quality control and project coordination. Yet in the HGP human genome, we also argue, the Bermuda Principles addressed concerns about gene patents impeding scientific advancement, and were aspirational and flexible in implementation and justification. They endured as an archetype for how rapid data sharing could be realized and rationalized, and permitted adaptation to the needs of various scientific communities. Yet in addition to the support of Sulston and Waterston, their adoption also depended on the clout of administrators at the US National Institutes of Health and the UK nonprofit charity the Wellcome Trust, which together funded 90% of the HGP human sequencing effort. The other nations wishing to remain in the HGP consortium had to accommodate to the Bermuda Principles, requiring exceptions from incompatible existing or pending data access policies for publicly funded research in Germany, Japan, and France. We begin this story in 1963, with the biologist Sydney Brenner’s proposal for a nematode research program at the Laboratory of Molecular Biology at the University of Cambridge. We continue through 2003, with the completion of the HGP human reference genome, and conclude with observations about policy and the historiography of molecular biology. (shrink)

This paper presents a collaboration between social scientists and a chemist exploring the promises for new therapy development at the intersection between synthetic biology and nanotechnology. Drawing from ethnographic studies of laboratories and a recorded discussion between the three authors, we interrogate the metaphors that underpin what Mackenzie has identified as a recursive relationship in the iconography of the life sciences and its infrastructure. Focusing specifically on the use of gene editing techniques in synthetic biology and bio-nanotechnology, we focus our (...) analysis on the key metaphors of ‘evolutionary life as hodge-podge’ within which ‘cutting’ of DNA and the ‘sticking’ and ‘binding’ of engineered particles to proteins can be performed by researchers in laboratory settings. Taken together, we argue that these metaphors are consequential for understanding metaphors of life-as-machine and the prevalence of notions of ‘engineering life’. Exploring the ways in which notions of cutting, targeting and life as an evolutionary hodgepodge prefigure a more contingent notion of engineering and synthesis we close by considering the interpretive implications for ethnomethodological approaches to contemporary life science research. (shrink)

Scientific research is usually presented as the driver that provides progress and meaning to the academic ecosystem. Higher education on the other hand, is typically imagined as something that naturally follows scientific research. In the academic ecosystem, education often retains a more marginalized position than scientific research and in many of the predominant accounts of the academic ecosystem it is even neglected. As a result, higher education and teaching tends to be treated as duty work that retracts resources away from (...) research. In response to such accounts the present article proposes an alternative perspective in which higher education can assume a proactive role that affects institutions’ research. The article presents a case that demonstrates how social scientists at the Technical University of Denmark, in response to new demands for autonomous economy within Danish universities, invented the controversial, yet successful, ‘Design and Innovation’ engineering program. Design and Innovation’s controversial curricular composition brought together: creativity, social awareness, and product innovation and heralded the salvation for the declining status of engineering in Danish higher education. The article contributes to contemporary discussions on transformations within the university system by illustrating educational development as a transformative practice whereby the value and purpose of scientific disciplines get rearticulated in conversation with contemporary understandings of social needs. (shrink)

We investigate how people form attitudes and make decisions without having extensive knowledge about a technology. We argue that it is impossible for people to carefully study all technologies they encounter and that they are forced to use inferences to make decisions. When people are confronted with an intangible abstract technology, the only visible attribute is the name. This name can determine which inferences a person will use. Considering these inferences is important: first, a name will reach consumers before detailed (...) information, if any, will. Second, if detailed information reaches consumers, the hard-to-comprehend information is processed using pre-activated attitudes and beliefs. Using the available literature, we explore the impact a name can have on the interpretation of a technology. We argue that science communication can benefit from trying to develop a name for a technology that activates proper beliefs to guide non-experts to a more meaningful understanding of it. (shrink)

This paper situates the public debate over the use of living animal organs and tissue for human therapies within the history of experimental islet transplantation. Specifically, the paper compares and contrasts the Canadian and Australian responses on xenotransplantation to consider what lessons can be learnt about the regulation of a complex and controversial biotechnology. Sobbrio and Jorqui described public engagement on xenotransplantation in these countries as ‘important forms of experimental democracy.’ While Canada experimented with a novel nation-wide public consultation, Australia (...) sought public input within the context of a national inquiry. In both instances, the outcome was a temporary moratorium on all forms of clinical xenotransplantation comparable to the policies adopted in some European countries. In addition, the Australian xenotransplantation ban coincided with a temporary global ban on experimental islet allotransplantation in 2007. Through historical and comparative research, this paper investigates how public controversies over organ and tissue transplantation can inform our understanding of the mediation of interspeciality and the regulation of a highly contested technoscience. It offers an alternative perspective on the xenotransplantation controversy by exploring the ways in which coinciding moratoriums on islet allograft and xenograft challenge, complicate and confound our assumptions regarding the relationships between human and animal, between routine surgery and clinical experimentation, between biomedical science and social science, and between disease risks and material contagion. (shrink)

Genomics, Climate Change, Nanotechnology, Nuclear Magnetic Resonance… For the uninitiated, scientific names created by experts can be difficult to understand. Yet, people have to make decisions about the related scientific concepts. Experts reach understanding with theory and expect non-experts to do the same. However, my research shows that people can satisfy their need to make sense of what they are dealing with by just using associations triggered by a name. For example, people often unfairly presume that genomics and the controversial (...) genetic manipulation are the same because of their similar names. Resulting beliefs are convincing enough to make decisions and they are difficult to change because activated associations influence further learning. This can cause persistent misunderstandings and unnecessary controversies that can harm scientific developments. By working together, experts and the public can prevent misunderstanding by co-creating names that foster meaningful associations by non-experts and promote appropriate understandings. (shrink)

The emergence of new technologies regularly involves comparisons with previous innovations. For instance, analogies with asbestos and genetically modified organisms have played a crucial role in the early societal debate about nanotechnology. This article explores the power of analogies in such debates and how they could be effectively and responsibly employed for imagining and governing emerging technologies in general and nanotechnology in particular. First, the concept of analogical imagination is developed to capture the explorative and anticipatory potential of analogies. Yet (...) analogies do not simply stimulate imagination, they also restrict it by framing emerging technologies in specific ways. Thus, second, the article argues that tracing the rhetorical and persuasive power of analogical arguments is essential for understanding how analogies are constructed to legitimise assessments, funding policies, and governance approaches. Third, the article addresses factors that account for the persuasiveness of analogies in debates about emerging technologies. The article concludes with reflections on how analogical imagination and an enhanced analogical sensibility for framing and persuasive effects can foster responsible research and innovation. (shrink)

This paper explores how scientists perceive public engagement initiatives. By drawing on interviews with nanoscientists, it analyzes how researchers imagine science–society interactions in an early phase of technological development. More specifically, the paper inquires into the implicit framings of citizens, of scientists, and of the public in scientists’ discourses. It identifies four different models of how nanoscientists understand public engagement which are described as educational, paternalistic, elitist, and economistic. These models are contrasted with the dialog model of public engagement promoted (...) by social scientists and policymakers. The paper asks if and in what ways participatory discourses and practices feed back into scientists’ understandings, thus co-producing public discourses and science. (shrink)

Drawing upon the concepts of civic epistemologies and sociotechnical imaginaries, this article delves into the history of nuclear energy in Portugal, analyzing the ways in which the nuclear endeavor was differently enacted by various sociopolitical collectives – the Fascist State, post-revolutionary governments and the public. Following the 1974 revolution - known as the Carnation Revolution - this paper analyzes how the nuclear project was fiercely contested by a vibrant anti-nuclear movement assembled against the construction of the Ferrel Nuclear Plant, the (...) first sociotechnical controversy in Portugal, paving the way for the emergence of a combative civic epistemology. Supported by semi-structured interviews with scientists, activists and local residents of Ferrel and the analysis of historical material, this article presents the failed Portuguese nuclear endeavor as an emblematic case study to explore the co-production of science and society, in particular the role of revolutionary processes in the unfolding of sociotechnical controversies. (shrink)

In the traditions of narrative ethics and casuistry, stories have a well-established role. Specifically, illness narratives provide insight into patients’ perspectives and histories. However, because they tend to see fiction as an aesthetic endeavour, practitioners in these traditions often do not realize that fictional stories are valuable moral sources of their own. In this paper I employ two arguments to show the mutual relationship between bioethics and fiction, specifically, science fiction. First, both discourses use imagination to set a scene and (...) determine a perspective. Second, bioethics and science fiction share the family resemblance of expressing moral beliefs. I then consider how understanding bioethics and science fiction as interrelated discourses can be the basis of a methodology for inquiry into relational autonomy in the context of biotechnologies and medicine. As an example of this methodology, I analyse Fay Weldon’s novel The Cloning of Joanna May. (shrink)

Synthetic biology is rather a new field of science and technology. Societal, regulatory, legal, ethical, safety and security aspects of this field have already been analysed in much detail and discussed very widely in recent years. There is, however, a dearth of empirical studies on the points of view of relevant stakeholders in countries where SB is still in the process of emergence. Slovenia is one of them, and accordingly, the article analyses the situation of SB in this small country, (...) focusing on the points of view of various stakeholder groups concerning three aspects of SB: the policy framework, the ethical-legal discourse and the issues of biosafety and biosecurity. It is argued that Slovenia has missed many opportunities to foster the domestic development of the field; in particular, considering that at an early stage, young Slovenian researchers participated very successfully in the International Genetically Engineered Machine competition. (shrink)

Beginning farmer initiatives like the USDA’s Beginning Farmer and Rancher Development Program, farm incubators, and small-scale marketing innovations offer new entrant farmers agricultural training, marketing and business assistance, and farmland loans. These programs align with alternative food movement goals to revitalize the anemic U.S. small farm sector and repopulate landscapes with socially and environmentally diversified farms. Yet even as these initiatives seek to support prospective farmers with tools for success through a knowledge dissemination model, they remain mostly individualistic and entrepreneurial (...) measures that overlook structural barriers to productive and economic success within U.S. agriculture. Analysis of the BFRDP’s funding history and discourse reveals a “knowledge deficit” based program focused on the technical rather than the structural aspects of beginning farming. This is contrasted with qualitative analysis of beginning farmer experiences in California’s Central Coast region. The discrepancies between the farmer experiences and national structure of the BFRDP program ultimately reveal a policy mismatch between the needs of some beginning farmers and the programs intended to support them. (shrink)

Scientific risk evaluations are constructed by specific evidence, value judgements and biological background assumptions. The latter are the framework-setting suppositions we apply in order to understand some new phenomenon. That background assumptions co-determine choice of methodology, data interpretation, and choice of relevant evidence is an uncontroversial claim in modern basic science. Furthermore, it is commonly accepted that, unless explicated, disagreements in background assumptions can lead to misunderstanding as well as miscommunication. Here, we extend the discussion on background assumptions from basic (...) science to the debate over genetically modified (GM) plants risk assessment. In this realm, while the different political, social and economic values are often mentioned, the identity and role of background assumptions at play are rarely examined. We use an example from the debate over risk assessment of stacked genetically modified plants (GM stacks), obtained by applying conventional breeding techniques to GM plants. There are two main regulatory practices of GM stacks: (i) regulate as conventional hybrids and (ii) regulate as new GM plants. We analyzed eight papers representative of these positions and found that, in all cases, additional premises are needed to reach the stated conclusions. We suggest that these premises play the role of biological background assumptions and argue that the most effective way toward a unified framework for risk analysis and regulation of GM stacks is by explicating and examining the biological background assumptions of each position. Once explicated, it is possible to either evaluate which background assumptions best reflect contemporary biological knowledge, or to apply Douglas' 'inductive risk' argument. (shrink)

The concept of life plays a crucial role in the debate on synthetic biology. The first part of this chapter outlines the controversial debate on the status of the concept of life in current science and philosophy. Against this background, synthetic biology and the discourse on its scientific and societal consequences is revealed as an exception. Here, the concept of life is not only used as buzzword but also discussed theoretically and links the ethical aspects with the epistemological prerequisites and (...) the ontological consequences of synthetic biology. The second part examines this point of intersection and analyses some of the issues which are discussed in terms of the concept of life. The third part turns to the history of the concept of life. It offers an examination of scientific and philosophical discourses on life at the turn of the 20th century and suggests a surprising result: In the light of this history, synthetic biology leads to well-known debates, arguments, notions and questions. But it is concluded that the concept of life is too ambiguous and controversial to be useful for capturing the actual practice of synthetic biology. In the fourth part I argue that with regard to the ethical evaluation of synthetic biology, the ambiguity of the concept of life is not as problematic as sometimes held because other challenges are more important. The question whether the activity of synthetic biological systems should be conceived as life or not is primarily theoretical. (shrink)

This manuscript identifies several important issues for philosophy of science at this moment in history raised in Fellows’ and Richardson’s generous comments. It also notes a couple of their assumptions that are problematic for this author, and tries to restate more clearly relevant arguments developed in Objectivity and Diversity.

Scientific knowledge and technological expertise continue to evolve rapidly. Such innovation gives rise to new benefits as well as risks, at an ever-increasing pace. Within this context, regulatory regimes must function in order to address policymakers’ objectives. Innovation, though, can challenge the functioning and effectiveness of regulatory regimes. Questions over fit, effectiveness, and capacity of these regimes to ensure the safe entry of such technologies, and their products, onto the market will be asked in parallel to their development. With this (...) in mind, this article examines the strengths and weaknesses of current regulatory frameworks, including those designed for biotechnology, cosmetics, novel organisms, and foods, in order to inform and help shape Australia’s regulatory landscape around innovation. By focusing on Australia, the article illustrates the need to assess future changes to regulatory frameworks using a careful balancing of key factors. These include, for example, horizon scanning and monitoring, availability of appropriate data, existing health, safety, environmental, ethical, and social risks and impacts, and regulatory capacity. The article argues that rather than using one of these factors in isolation, a careful assessment of where each factor stands can lead regulators to an approach that properly manages the potential risks of emerging technologies. (shrink)

ArgumentThis article studies the roles three science-based models play in Dutch policy and decision making processes. Key is the interaction between model construction and environment. Their political and scientific environments form contexts that shape the roles of models in policy decision making. Attention is paid to three aspects of the wider context of the models: a) the history of the construction process; b) the political and scientific environments; and c) the use in policy processes over longer periods of time. Models (...) are more successfully used when they are constructed in astablepolitical and scientific environment. Stability and certainty within a scientific field seems to be a key predictor for the usefulness of models for policy making. The economic model is more disputed than the ecology-based model and the model that has its theoretical foundation in physics and chemistry. The roles models play in policy processes are too complex to be considered as straightforward technocratic powers. (shrink)

Gene patenting has captured the headlines for the past four years, thanks in large part to the lawsuit the American Civil Liberties Union and the Public Patent Foundation brought against Myriad Genetics for the patents on the breast cancer genes, BRCA 1 and 2. Despite their recent celebrity, human gene patents have been granted by the United States Patent and Trademark Office for over thirty years. The commodification of the human body is not all that recent: one might be tempted (...) to argue that gene patenting is the inevitable next step in the com-modification of natural processes and products. Edward Yoxen dates the origins of the technological capitalization of life back to the 1920s.. (shrink)

The rapid development of biobanks internationally reflects the considerable expectations attached to the exploitation of genetics knowledge. However, establishing consent and legitimacy for the new generation of biobanks is not without its challenges because they tend to be prospective in nature, involving the collection of DNA, personal medical and lifestyle data generally held over a very long period of time for unspecified research purposes. Thus far, biobanks have tended to be established ahead of wide-ranging debate about their broad implications. Making (...) specific reference to the 'engagement' processes employed by UK Biobank during its establishment phase, this article focuses on the politics of 'public engagement'. It examines the context of arguments for 'public engagement', drawing attention to how particular approaches to 'engagement' within biobank projects may serve to limit debate on substantive questions arising from their development. Unless biobanks' 'engagements' substantially involve publics in deliberations about their development, it is argued, publics are likely to become distrustful of projects and perhaps resist other similar population-based health initiatives in the future. (shrink)

In this paper, we respond to a critique by Erik Thorstensen of the ‘Deepening Ethical Engagement and Participation in Emerging Nanotechnologies’ project concerning its ‘realist’ treatment of narrative, its restricted analytical framework and resources, its apparent confusion in focus and its unjustified contextualisation and overextension of its findings. We show that these criticisms are based on fairly serious misunderstandings of the DEEPEN project, its interdisciplinary approachand its conceptual context. Having responded to Thorstensen’s criticisms, we take the opportunity to clarify and (...) develop our approach to narrative. We articulate the need for novel, theoretically robust approaches to the formation of public attitudes which transcend the limitations of both survey-based approaches—which remain wedded to methodological individualism and which presume that individuals hold distinct and relatively stable attitudes and preferences—and interactionist approaches to public talk, which focus too strongly on individuals-in-interaction as reasoning agents and which ignore the constitutive role of culture and discourse in the formation of public opinion. We suggest that our use of narrative can help to better understand the process through which public attitudes to emerging technology develop out of interactive an engagement with wider cultural arguments and accounts of science and technology. We finish by pointing to parallel developments in social thought—from Charles Taylor’s treatment of social imaginaries to recent developments in post-Bourdieuian cultural sociology—as related projects in understanding the cultural resources and grammars that provide the conceptual infrastructure for modern social life. (shrink)

This interdisciplinary, social scientific analysis of the regulatory discourse on nanotechnology in the three German-speaking countries of Germany, Austria and Switzerland and in the EU between 2000 and 2013 has shown three distinct phases, characterised by shifts in the configuration of actors and in the thematic scope from nanotechnology to nano-materials. Compared to modes of governance based on traditional statutory law, modes of governance based on less binding forms of soft law and self-regulation (like codes of conduct, guidelines and certification (...) systems) and new modes of governance (like assessment studies, risk management frameworks as well as participatory and cooperative forms of communication and negotiation) have gained importance. Despite some similarities, two different cultures in governing nanotechnology can be distinguished: a product-oriented culture in statutory regulations (when speaking about products, the article is also referring to substances) and a risk-based culture in applying soft law based on new modes of governance. In addition, the different regulatory cultures have led to four strategic approaches: modes of governance mainly based on hard law and soft law at the EU level, modes of governance mainly based on cooperative and self-regulatory approaches in Germany, cooperative governance approaches in Austria and modes of governance mainly based on self-regulatory and soft law approaches in Switzerland. (shrink)

In this paper I will briefly discuss the role and function of the ethical advisory committees and other ethics bodies that are supposed to take care of the ethical dimension of the biotechnology strategies. The expert ethical advice has created colourful discussion in many contexts, but here I aim to analyze the role and relevance of ethical expertise in the context of national and regional biotechnology strategies. I will argue that it may be quite unproblematic that the work of the (...) ethics committees and other governmental and semi-governmental ethics bodies concerns only a relatively narrow range of issues and do not directly concern all the important social and economic realignments that accompany biotechnology. Many important decisions concerning national and regional biotechnology strategies are political, and typically ethics committees can be only indirectly useful in political decision-making. The committees should be free to refrain from extending their work to the areas where they are not already involved. However, the ethics committees and other ethics bodies can promote public debate that forms the basis for political decision-making. (shrink)

In this chapter I investigate the prospects of integrated history and philosophy of science, by examining how philosophical issues raised by “hidden entities”, entities that are not accessible to unmediated observation, can enrich the historical investigation of their careers. Conversely, I suggest that the history of those entities has important lessons to teach to the philosophy of science. Hidden entities have played a crucial role in the development of the natural sciences. Despite their centrality to past scientific practice, however, several (...) of them (e.g., phlogiston, caloric, and the ether) turned out to be fictitious. For this reason, they have figured prominently in recent debates on scientific realism. The issues I explore in this paper are entangled with those debates. I argue that our understanding of hidden entities and their role in experimental practice can be enhanced by adopting an integrated historical-cum-philosophical approach. On the one hand, philosophical reflection on the reality of those entities has a lot to gain by examining historically how they were ntroduced and investigated. On the other hand, the historical reconstruction of the careers of those entities may profit from philosophical reflection on their existence. (shrink)

In this article, I critically analyze the anthropological foundation of the bioethics of philosopher Jean-François Malherbe, particularly as presented in his book, Pour une Éthique de la Médecine. Malherbe argues that such practices as organ donation and transplants, assisted reproduction, resuscitation, and other uses of biotechnologies in contemporary medicine are unethical because they go against essential human nature. Furthermore, he uses this position as a basis to prescribe public policy and institutional practice. In contrast, I argue not only that ‘human (...) nature’ is much more malleable and adaptive to changes in technology and society than Malherbe allows, but also that his criticisms of medicine and technoscientific development overstep the bounds of the social function of philosophical ethics, which is to inform and clarify public debate. Public policy and institutional practice is thus best left to the democratic political process under the parameters of the just rule of law. (shrink)

"Public engagement in science" is one of the buzzwords that, since 2000, has been used in nanotechnology programs. To what extent does public engagement disrupt the traditional relations between science and the public? This paper briefly contrasts the traditional model of science communication - the diffusionist model - that prevailed in the twentieth century and the new model - the participatory model - that tends to prevail nowadays. Then it will try to disentangle the assumptions underlying the public dialogue initiated (...) about nanotechnology, and conclude that nanotechnology actually develops a managerial model of society. (shrink)

The article examines the role played by policy advice institutions in the governance of ethically controversial new and emerging science and technology in Europe. The empirical analysis, which aims to help close a gap in the literature, focuses on the evolution, role and functioning of national ethics advisory bodies (EABs) in Europe. EABs are expert bodies whose remit is to issue recommendations regarding ethical aspects of new and emerging science and technology. Negative experiences with the impacts of science and technology (...) in the past have resulted in calls for increased transparency and broader participation and pluralism in expert advice and policy decision-making. Do national EABs function as inclusive, anticipatory “hybrid forums”? Or do they resemble more “classical” expert-oriented bodies, inspired by technocratic or decisionist approaches? As part of the empirical analysis of the role and functioning of institutional ethical advisory structures in 32 European countries, an extensive analysis of EAB websites and the content of publicly available documents on such institutions has been carried out, supplemented by an online survey of representatives of the EABs. One major finding of the empirical analysis is the very uneven distribution of “hybrid forum” features of EABs across Europe. (shrink)

The paper contributes to the current discussion on the role of participatory methods in the context of technology assessment (TA) and science and technology (S&T) governance. It is argued that TA has to be understood as a form of democratic policy consulting in the sense of the Habermasian model of a “pragmatist” relation of science and politics. This notion implies that public participation is an indispensable element of TA in the context of policy advice. Against this background, participatory TA (pTA) (...) is defended against recent criticism of procedures of lay participation which states that pTA is lacking impact on S&T decision making, that pTA instead of opening S&T policies to new perspectives is used as a means to support mainstream S&T policy and that in pTA procedure the authentic lay perspective is systematically contorted by dominant expert knowledge. (shrink)

edited by Tuija Takala and Matti Häyry, welcomes contributions on the conceptual and theoretical dimensions of bioethics.

This paper reflects on the change of relations among participants in nanotechnology governance through their participation in governance processes such as stakeholder dialogues. I show that policymaking in practice—that is, the practice of coming and working together in such stakeholder dialogues—has the potential for two-fold performative effects: it can contribute to the development of trust and mutual responsibility on the part of the involved actors, and it may bring about effects on the formation of boundaries of what is sayable and (...) thinkable in nanotechnology governance. Three vignettes about the work of the German NanoKommission indicate the development of new relations of trust, recognition and mutual responsibility among actors. It is concluded that governance in practice can assemble new collectives in which relations of trust are the glue holding the complex structure together. While such a consensus-based progress may be favourable for smooth technology development, it can be considered problematic if evaluated against the ideals of deliberative democracy, which often form the premises on which public engagement is based. Stakeholder forums were set in place with the intention of including various actors, but this is Janus-faced: if a dialogue becomes encapsulated in new governance networks, new exclusions can arise. For example, a policing of which information is released to a wider audience can occur. (shrink)

Trust has become an important aspect of evaluating the relationship between lay public and technology implementation. Experiences have shown that a focus on trust provides a richer understanding of reasons for backlashes of technology in society than a mere focus of public understanding of risks and science communication. Therefore, trust is also widely used as a key concept for understanding and predicting trust or distrust in emerging technologies. But whereas trust broadens the scope for understanding established technologies with well-defined questions (...) and controversies, it easily fails to do so with emerging technologies, where there are no shared questions, a lack of public familiarity with the technology in question, and a restricted understanding amongst social researchers as to where distrust is likely to arise and how and under which form the technology will actually be implemented. Rather contrary, ‘trust’ might sometimes even direct social research into fixed structures that makes it even more difficult for social research to provide socially robust knowledge. This article therefore suggests that if trust is to maintain its important role in evaluating emerging technologies, the approach has to be widened and initially focus not on people’s motivations for trust, but rather the object of trust it self, as to predicting how and where distrust might appear, how the object is established as an object of trust, and how it is established in relation with the public. (shrink)

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the (...) first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)

Proponents of using genetically modified (GM) crops and food in the developing world often claim that it is unjust not to use GMOs (genetically modified organisms) to alleviate hunger and malnutrition in developing countries. In reply, the critics of GMOs claim that while GMOs may be useful as a technological means to increase yields and crop quality, stable and efficient institutions are required in order to provide the benefits from GMO technology. In this debate, the GMO proponents tend to rely (...) on a simple utilitarian type of calculus that highlights the benefits of GMOs to the poor, but that overlooks the complex institutional requirements necessary for GMO production. The critics, recognizing the importance of institutional conditions, focus primarily on the negative impacts of institutional deficiencies, thereby overlooking the basically Rawlsian claim that institutions per se may generate claims to justice. This article investigates how GMOs might generate claims to global justice and what type of justice is involved. The paper argues that the debate on GMOs and global justice can be categorized into three views, i.e., the cosmopolitan, the pluralist, and the sceptic. The cosmopolitan holds that GMOs can and should be used for alleviating global hunger, whereas the sceptic rejects this course of action. I will argue here for a moderately cosmopolitan approach, relying on the pluralist view of institutions and the need to exploit the benefits of GMOs. This argument rests on the premise that global cooperation on GMO production provides the relevant basis for assessing the use of GMOs by the standard of global distributive justice. (shrink)

Recent criticisms of traditional understandings of risk, responsibility and the division of labour between science and politics build on the idea of the co-produced character of the natural and social orders, making a case for less ambitious and more inclusive policy processes, where questions of values and goals may be addressed together with questions of facts and means, causal liabilities and principled responsibilities. Within the neo-liberal political economy, however, the contingency of the world is depicted as a source of unprecedented (...) opportunities for human craftsmanship, rather than of possibly unmanageable surprises. Gene technologies offer a vantage point for reflecting on the consequences of the drift from discovery to invention as a master frame in the appraisal of human intermingling with the world. Biotech patenting regulations carve out a sovereign agency which, by crafting nature, also crafts the distinction between the manufactured and non-manufactured world. Difficulties in ascribing responsibility stem as a consequence. It is likely that politics and economy can be democratized and responsibilities rearranged not by ‘democratizing’ knowledge production, but rather the reverse. (shrink)

To be a functional alternative to government regulation, self-regulation of science must be credible to both scientists and the public, accountable, ethical, and effective. According to some, serious problems continue in research ethics in the United States despite a rich history of proposed self-regulatory standards and oversight devices. Successful efforts at self-regulation in stem cell research contrast with unsuccessful efforts in research ethics, particularly conflicts of interest. Part of the cause for a lack of success in self-regulation is fragmented, disconnected (...) oversight, and failure to embody genuine scientific and public consensus. To be accountable, credible and effective, self-regulation must be inclusive and multidisciplinary, publicly engaged, sufficiently disinterested, operationally integrated with institutional goals, and must implement a genuine consensus among scientists and the public. The mechanisms of self-regulation must be sufficiently broad in their oversight, and interconnected with other institutional forces and actors, that they do not create fragmented solutions. (shrink)

Scientific research is subject to a number of regulations which impose incidental (time, place), rather than substantive (type of research), restrictions on scientific research and the knowledge created through such research. In recent years, however, the premise that scientific research and knowledge should be free from substantive regulation has increasingly been called into question. Some have suggested that the law should be used as a tool to substantively restrict research which is dual-use in nature or which raises moral objections. There (...) are, however, some problems with using law to restrict or prohibit certain types of scientific research, including (i) the inherent imprecision of law for regulating complex and rapidly evolving scientific research; (ii) the difficulties of enforcing legal restrictions on an activity that is international in scope; (iii) the limited predictability of the consequences of restricting specific branches of scientific research; (iv) inertia in the legislative process; and (v) the susceptibility of legislators and regulators to inappropriate factors and influence. Rather than using law to restrict scientific research, it may be more appropriate and effective to use a combination of non-traditional legal tools including norms, codes of conduct, restrictions on publication, and scientist-developed voluntary standards to regulate problematic scientific research. (shrink)

In science and environmental studies, there is a general concern for the democratization of the expert-lay interplay. However, the democratization of expertise does not necessarily lead to more sustainable decisions. If citizens do not take the sustainable choice, what should experts and decision makers do? Should the expert-lay interplay be dissolved? In thinking about how to shape the expert-lay interplay in a better way in agro-biodiversity conservation, I take the case of the MST (Movimento Sem Terra/Landless People’s Movement), possibly the (...) largest rural movement in Latin America. The MST is in a process of turning towards environmentalism. It has adopted agroecology, a democratically oriented knowledge field. However, not all of the farmers were willing to adopt new environmentalist ideas and practices. Through ethnographic research, I analyze how expertise was recognized and redistributed within the MST, attending particularly to the role of MST coordinators and technicians. I explore how participation was framed and put into action. The adoption of agroecology brought to the MST a new and more inclusive map of expertise, but it also influenced new social distinctions within the communities. In part, farmers’ knowledge was labeled as ignorance. This may close down possibilities for dialogue as well as for sustainability. The paper suggests that experts’ power for discriminating among lay knowledges should come together with a responsibility for opening spaces for dialogue and action. One way of doing so could be by adding “interactional reflexivity” to experts’ expertise. (shrink)

There is little doubt that the development and commercialisation of nanotechnologies is challenging traditional state-based regulatory regimes. Yet governments currently appear to be taking a non-interventionist approach to directly regulating this emerging technology. This paper argues that a large regulatory toolbox is available for governing this small technology and that as nanotechnologies evolve, many regulatory advances are likely to occur outside of government. It notes the scientific uncertainties facing us as we contemplate nanotechnology regulatory matters and then examines the notion (...) of regulation itself, suggesting new ways to frame our understanding of both regulation and the regulatory tools relevant to nanotechnologies. By drawing upon three different conceptual lenses of regulation, the paper articulates a wide range of potential regulatory tools at hand. It also focuses particularly on the ways various tools are currently being used or perhaps may be employed in the future. The strengths and weaknesses characterising these tools is examined as well as the different actors involved. The paper concludes that we will increasingly face debate over what is likely to work most effectively in regulating nano technologies, the legitimacy of these different potential approaches, and the speed at which these different regimes may be employed. (shrink)

In this article I consider some central aspects of the naturalist philosophy of science and science and technology studies in dealing with the contested status of technoscience in medicine. Focusing on the concepts of realism and representation, I argue that theories of science-as-practice in naturalist philosophy of science should expand their scope so as to reflect more thoroughly on the social and political context of technoscience. I develop a hermeneutic of technomedical objects in order to highlight the internal connectedness between (...) social action, material agency, and the actions of scientific communities. The framework thus developed is used to re-consider the genomic turn in medicine. Pointing to the discrepancies between socially dominant representations of genomic technology and the actual interventions brought about through those technologies, I raise the question of how and where to address problems of theory and policy. (shrink)

In this paper, I propose a new way to integrate historical accounts of social interaction in scientific practice with philosophical examination of scientific knowledge. The relation between descriptive accounts of scientific practice, on the one hand, and normative accounts of scientific knowledge, on the other, is a vexed one. This vexatiousness is one instance of the gap between normative and descriptive domains. The general problem of the normative/descriptive divide takes striking and problematic form in the case of social aspects of (...) scientific knowledge. With respect to this issue, history and philosophy of science appear starkly incompatible. I show how this dualism can be overcome, drawing on social action theory and the recent history of cellular immunology. (shrink)