Early utopian notions of Internet-based community as enabling transcendence of earthly governments and cultural divides manifested in the massively multiplayer online nongame platform, Second Life. However, while platform users nearly unanimously chose governance regimes based on professional management rather than democratic self-governance, one of the few democratic experiments experienced deep conflict over precisely the utopian notions it held in common. This article examines a failed merger between two experimental democratic communities in the virtual world of Second Life as an example (...) of the general failure of internet utopianism and a specific failure to transcend distinctions in cultures of origin (the “failure of convivencia,” of the title, a term reflecting a historical model chosen by one of the communities) in a common online space. Based on ethnographic fieldwork, this article will analyze a distinction between radically different, and ultimately incommensurable, discourses around governance in the merged community amid the failure of participatory, democratic models of online governance. (shrink)

In this article, the authors present an ethnography of biomedical knowledge production and science collaboration when they take place in developing country contexts. The authors focus on the arrival of international clinical trials to Sri Lanka and provide analysis of what was described as one of the first multisited trials in the country, a pharmaceutical company sponsored, phase 2, randomized, double-blind, placebo controlled trial carried out between 2009 and 2010. Using interviews with those who conducted the trial and six months (...) of participant observation at the trial hospital, the authors describe the work that goes on to perform trials according to international standards. The article describes what happens when a randomized controlled trial encounters existing epistemic virtues and documents the impacts on ideas of authority, expertise and doctor–patient relationships found in Sri Lankan medicine. (shrink)

Recent science and technology studies have analyzed questions of nonexpert participation in science, technology, and science policy from an empirically grounded perspective. The introduction to this special issue offers a double contribution to this debate. First, it presents a summary of the state of the art and an outline of the historical emergence of the participatory question. The argument distinguishes four periods since the late nineteenth century, each with a specific relationship between expert and nonexpert knowledge ranging from a hybrid, (...) to a politicized, to an autonomous, to a participatory relationship. Second, the introduction summarizes the contributions to this issue. Their common concern is to take the debate one step further by critically reflecting the problems and limitations of participatory practices. The contributions point out the need for contextualizing the participatory question within the wider social, economic, and political circumstances in which participatory science and technology is set. (shrink)

The paper investigates how field experimentation of genetically modified crops became central to the French controversy on genetically modified organisms in recent years. Initially constructed in the 1980s as a cognitive endeavor to be preserved from lay interference, field trials of genetically modified crops were reconceived as “an intrusion in the social space,” which had to be negotiated with actors from that space. In order to analyze this transformation, the authors suggest that it is necessary to develop an interpretive framework (...) that combines theoretical perspectives from science and technology studies and the sociology of social problems, and emphasizes the importance of the way in which actors compete in a heterogeneous public space, to put forward alternative framings of problems. The authors present a detailed analysis of the interactions and conflicts between actors in diverse social arenas in order to better understand the dynamics of this sociotechnical controversy. (shrink)

Discursive deference in the governance of science and technology is rebalancing from expert analysis toward participatory deliberation. Linear, scientistic conceptions of innovation are giving ground to more plural, socially situated understandings. Yet, growing recognition of social agency in technology choice is countered by persistently deterministic notions of technological progress. This article addresses this increasingly stark disjuncture. Distinguishing between “appraisal” and “commitment” in technology choice, it highlights contrasting implications of normative, instrumental, and substantive imperatives in appraisal. Focusing on the role of (...) power, it identifies key commonalities transcending the analysis/participation dichotomy. Each is equally susceptible to instrumental framing for variously weak and strong forms of justification. To address the disjuncture, it is concluded that greater appreciation is required—in both analytic and participatory appraisal—to facilitating the opening up of governance commitments on science and technology. (shrink)

In recent years, scholars in science and technology studies have examined the advice that experts make for the governance of biomedicine. This STS scholarship, however, has not yet explained how the credibility of ethics expertise in public bioethics is produced from particular conditions and extended to different settings. This article describes how a bioethics commission created the ethical principle of justice and examines how the ethics expertise established public credibility on the justice principle. The findings suggest that the principle of (...) justice was first explored as the diverse concepts of “equality” with reference to the review of fetal research, redefined as “fairness” or “desert” from theoretical viewpoints, and then circulated as a standard framework in local settings. The credibility of ethics expertise, based on the coproduction of material and moral orders, was made possible by reaching common ground among different data, principles, and background theories. (shrink)

Over the past decades, we have witnessed calls for greater transdisciplinary engagement between scientific and societal actors to develop more robust answers to complex societal challenges. Although there seems to be agreement that these approaches might nurture innovations of a new kind, we know little regarding the research practices, their potential, and the limitations. To fill this gap, this article investigates a funding scheme in the area of transdisciplinary sustainability research. It offers a detailed analysis of the imaginaries and expectations (...) on which the funding scheme rests and how researchers actually practice transdisciplinarity within the respective projects. Identifying three ideal typical models of science–society relations at work, attention is paid to how, where, and when societal and scientific arenas get entangled. This article discusses the tensions between classical academic values and efforts to open research to society, the prevailing power structures that make societal participation challenging, the importance of place and technopolitical cultures, and how temporal project structures impede more radical openings to new ways of knowledge production. We finally emphasize that transdisciplinary knowledge production can only become a serious option for addressing societal challenges if broader changes are made to the knowledge regimes in place. (shrink)

In the last decade, preimplantation genetic testing have become widely used and in 2005 constituted 5 percent of all in vitro fertilization cycles performed in Europe. Their diffusion, however, is not homogenous; while in some countries they are prohibited and in others hardly implemented, Spain performs 33 percent of all the PGD/pgs. While policy guidelines and mainstream bioethics address PGD from a patient choice perspective, disability studies insist on PGD’s potentiality for discrimination. Alternatively, other authors have explored PGD/pgs from the (...) perspective of geneticization but little work has been done on how PGD/pgs are framed by the members of national regulatory bodies. Combining the analysis of juridical documents with semistructured interviews with members of the Spanish National Assisted Reproduction Committee, this study suggests that the remarkable diffusion of PGD/pgs in Spain may be largely due to the interaction between the growing momentum enjoyed by embryonic stem cell research and a vibrant expansion of IVF business along the Mediterranean coast. In this process, genetic issues per se seem to play a minor role, although the prevention of genetic diseases now constitutes the master narrative underpinning the extension of PGD from monogenic, early onset, diseases to polygenic, late-onset, ones. (shrink)

This paper discusses the introduction of fraudulent “molecular detector” technology into Mexico. The case is used to argue that contemporary science and technology studies’ approaches to scientific policy-making make basic assumptions about the societies they operate in that are inconsistent with the Mexican context. This paper also argues that contrary to what happens in the so-called Global North, the relative power of Mexican science in government and policy circles is as much limited by its relatively weak position as much as (...) it is by self-censorship and unrealized impact in the country’s fragile democracy. The case is also used to highlight the necessity for more politically involved scientific institutions in Mexico, as these become critical safeguards against incoming destabilizing technologies from more powerful nations into the local “peripheral” context. (shrink)

Scientists continually face public concerns over the potential risks of biotechnology. This article reflects on the 1970s when leading molecular biologists established a moratorium, and initiated the second international Asilomar conference, on recombinant DNA molecules. Since then, this event has been widely perceived as an important historical moment when scientific actors took into account public concerns. Yet, by focusing on the history of the Public Understanding of Science discourse, we gain new insight into how ‘‘science’’ and the ‘‘public’’ have in (...) the meantime been framed in political discourses as homogeneous but antagonistic concepts. This sheds new light on the ways scientific, political, and administrative actors in biotechnology perceive the events, which occurred in the 1970s. Through interviews, we found that, with the Asilomar II conference serving as a quasi role model, the quest to reconcile ‘‘science’’ and the ‘‘public’’ is being traced back to a moment in history when such divisions had yet to be considered. This leads us to ask whether the politics of PUS contributed as much to the production of these two entities as it is claimed to have done in bridging the differences between them. (shrink)

The article examines science-policy conversations mediated by social science in attempts to govern, or set up terms for, scientific research. The production of social science research accounts about science faces challenges in the domains of emerging technosciences, such as nano. Constructing notions of success and failure, participants in science actively engage in the interpretation of policy notions, such as the societal relevance of their research. Industrial engagement is one of the prominent themes both in policy renditions of governable science, and (...) in the participants’ attempts to achieve societally relevant research, often oriented into the future. How do we, as researchers, go about collecting, recording, and analyzing such future stories? I examine a series of recent interviews conducted in a number of US universities, and in particular at a university campus on the West Coast of the United States. The research engages participants through interviews, which can be understood as occasions for testing the interpretive flexibility of nano as “good” scientific practice and of what counts as societal relevance, under what circumstances and in view of what kind of audiences. (shrink)

This article examines the regulation of nonsteroidal anti-inflammatory drugs, with particular focus on products approved for marketing in the United Kingdom, while denied marketing approval in the United States on safety grounds, and then subsequently withdrawn from the UK market on those grounds. Using international comparison of regulatory data never before accessed outside government and companies, together with interviews with relevant industry scientists and regulators, the article demonstrates the importance of regulatory expectations, deficits and paradigms. It is argued both that (...) these sociological concepts can be enriched by their application to detailed comparative case study of regulatory science, and that they provide an important policy-relevant framework with which to understand discrepant drug regulatory processes in a sociohistorical context. It is found that regulatory expectations and paradigms may be regarded as mediating factors between political culture and structural interests, on the one hand, and the outcomes of regulatory science, on the other. (shrink)

In 2004, the Havasupai Tribe filed a lawsuit against the Arizona Board of Regents and Arizona State University researchers upon discovering their DNA samples, initially collected for genetic studies on type 2 diabetes, had been used in several other genetic studies. The lawsuit reached a settlement in April 2010 that included monetary compensation and return of DNA samples to the Havasupai but left no legal precedent for researchers. Through semistructured interviews, institutional review board chairs and human genetics researchers at US (...) research institutions revealed their perspectives on the Havasupai lawsuit. For interviewees, the suit drew attention to indigenous concerns over genetic studies and increased their awareness of indigenous views. However, interviewees perceived no direct impact from the Havasupai case on their work; if they did, it was the perceived need to safeguard themselves by obtaining broad consent or shying away from research with indigenous communities altogether, raising important questions of justice for indigenous and minority participants. If researchers and IRBs do not change their practices in light of this case, these populations will likely continue to be excluded from a majority of research studies and left with less access to resources and potential benefit from genetic research participation. (shrink)

In the last few years, justice has emerged as a matter of concern for the contemporary constitution of technoscience. Increasingly, both practicing scientists and engineers and scholars of science and technology cite justice as an organizing theme of their work. In this essay, I consider why “science and justice” might be arising now. I then ask after the opportunities, but also the dangers, of this formation. By way of example, I explore the openings and exclusions created by the recent conjugation (...) of science and justice in the field of personal genomics. Finally, I conclude with reflections on what other forms “science and justice” might take, and what might be gained or lost in fostering them. (shrink)

This article highlights that in our rush to call for the democratization of science and expertise we must not forget to speak to what type of democratization we are calling for. In short, not all participatory forms are the same. In developing this argument, I examine one such form that has yet to receive much attention from science and technology studies scholars: the agricultural field day. In examining the field day, we find that its orientation—that is, toward either the conventional (...) or sustainable model of agriculture—shapes significantly its democratic approach to knowledge coproduction. To help inform how we understand conventional and sustainable field days, I turned to two conceptual frameworks of participation: namely, that of Wynne and Funtowicz and Ravetz. In doing this, we find that conventional field days mirror closely that form of public participation detailed by Funtowicz and Ravetz, while sustainable field days reflect that conceptualized by Wynne. (shrink)

Over recent years, science and technology have been reassessed increasingly in ethical terms. Particularly for life science governance, ethics has become the dominant discourse. In the course of this ‘‘ethical turn’’ national ethics councils were set up throughout Europe and in the United States to advice politics in ethically controversial issues such as stem cell research and genetic testing. Ethics experts have become subject to traditional warnings against expertocracy: they are suspected to unduly influence political decision-making. However, any reliable ethics (...) expertise has to reflect societal disagreements in moral issues. Therefore, expert dissent is a normal feature of legitimate ethics expertise. Based on theoretical considerations we argue that in principle, expert dissent does not cause problems for political legitimacy; rather, it enhances the salience of politics: obviously decisions on ethical issues cannot be taken on the basis of expert knowledge alone. We therefore conclude that expert dissent, not consent, supports politics. Focussing on Germany and Austria, we show how politics deal with expert dissent in practice. While in Germany politics acknowledge dissent and use it to foster a fundamental political debate, Austrian politics attribute authoritative power to ethics expertise and try to construct an overall consensus. This illustrates how the drawing of boundaries between politic and expertise differs. (shrink)

Participatory Technology Assessment initiatives have usually been analyzed as if they existed in a social and political vacuum. This article analyzes the linkages that occur, in both directions, between the microcosm set up by a pTA exercise and the real world outside. This dual-dynamics perspective leads to a new way of understanding the function and significance of pTA initiatives. Rather than viewing them as a means to create the ideal conditions for real public debate, they are viewed here as an (...) additional public arena in which sociotechnical controversies are played out. This perspective is developed from the analysis of an interactive technology assessment exercise conducted by the French National Institute for Agricultural Research, on the topic of genetically modified vines. (shrink)

Despite its use to exemplify how the world is “flat,” India is in many ways “spiky.” Hyderabad is a prosperous hub of information–communication technology while its impoverished agricultural hinterland is best known for dysfunctional agriculture and farmer suicide. Based on the belief that a lack of knowledge and skill lay at the root of agrarian distress, the “e-Sagu” project aimed to leverage the city’s scientific expertise and ICT capability to aid cotton farmers. The project fit with a national surge of (...) “last mile” projects bringing ICT to the village, but it was unique in using ICT to connect farmers directly with agricultural scientists acting as advisors. Such projects fit the interests of many actors, which has led to an unrealistic national enthusiasm about their impacts. This article uses the first five years of the project as a lens to view the cultural nature of both indigenous agricultural knowledge and “scientific” agricultural advising. Unlike lay publics whose uptake of science is better known, with farmers the invention and adoption of agro-scientific knowledge is deeply embedded in daily productive activities and sociocultural interactions. E-Sagu eventually had to abandon its construction of agricultural science as objective and acultural, resorting to rural methods of persuasion. It also found that it could only survive by joining forces with companies promoting commodification of agricultural inputs, which was a cause of the agrarian distress it sought to alleviate. (shrink)

The emergence of the global administrative sector and its new forms of knowledge production, expert rationality, and standardization, remains an understudied topic in science studies. Using a coproductionist theoretical framework, we argue tha the mutual construction of epistemic and legal authority across international organizations has been critical for constituting and stabilizing a global regime for the regulation of food safety. The authors demonstrate how this process has also given rise to an authoritative framework for risk analysis touted as ‘‘scientifically rigorous’’ (...) but embodying particular value choices regarding health, environment, and the dispensation of regulatory power. Finally, the authors trace how enrollment of the Codex Alimentarius in World Trade Law has heightened institutional dilemmas around legitimacy and credibility in science advice at the global level. Taken together, the case illustrates the importance of attending to the iterative construction of law and science in the constitution of new global administrative regimes. (shrink)

A distinctive form of anticolonial analysis has been emerging from Latin America in recent decades. This decolonial theory argues that important new insights about modernity, its politics, and epistemology become visible if one starts off thinking about them from the experiences of those colonized by the Spanish and Portuguese in the Americas. For the decolonial theorists, European colonialism in the Americas, on the one hand, and modernity and capitalism in Europe, on the other hand, coproduced and coconstituted each other. The (...) effects of that history persist today. Starting thought from these LA histories and current realities enables envisioning new resources for social transformations. These decolonial insights seem to receive only a passing recognition in the Latin American social studies of science and technology projects that have begun cosponsoring events and publications with northern equivalents. My focus will be primarily on the decolonial theory and on just two of its themes. One is the critical resources it offers for creating more accurate and progressive northern philosophies and histories of science as well as social studies of science. The second is insights from Latin American feminists that carry different impacts in the context of the decolonial accounts. (shrink)

Today many scholars seem to agree that citizens should be involved in expert deliberations on science and technology issues. This interest in public deliberation has gained attraction in many practical settings, especially in the European Union, and holds the promise of more legitimate governance of science and technology. In this article, the authors draw on the European Commission’s report ‘‘Taking the European Knowledge Society Seriously’’ to ask how legitimate these efforts to ‘‘democratize’’ scientific expertise really are. While the report borrows (...) from deliberative democrats’ normative accounts of legitimacy, the authors identify a tension between the principles for legitimate rule prescribed by deliberative democratic theory and the report’s celebration of diversity and dissent. While this inconsistency suggests that the legitimacy of deliberative governance arrangements is justified on empirical rather than normative grounds, it remains an open question whether studies of science and technology offer enough empirical support for such a justification. In this article, the authors address this pressing question and propose three possible responses. (shrink)

The United States has become an ideal marketplace for those seeking selective technologies that are illegal, inaccessible, or unavailable in their own countries. Specifically, technologies such as commercial egg donation, preimplantation genetic diagnosis, and sex selection are prohibited or highly regulated in many nations, but remain legal and largely unregulated in the United States. Based on in-depth interviews with US fertility industry providers, including physicians and egg donor and surrogate brokers, this article analyzes how the ideologies of genetic determinism and (...) consumer choice are embedded in the industry. These are transformed into competitive advantages that may appeal to foreign nationals unable to acquire the technologies, services, and reproductive materials to which they feel entitled. Regardless of providers’ particular attitudes regarding the uses of selective technologies, their overall practice reinforces intended parents’ desires to have some control over their potential children’s appearance, temperament, abilities, and behavior. Despite other nations’ laws and policies, ideologies supportive of the use of selective technologies do not, obviously, end at the US borders, and the globalization of communications, media, and transportation technologies enable their spread. (shrink)

In this comparative analysis of twelve focus groups conducted in Austria, France, and the Netherlands, we investigate how lay people come to terms with two biomedical technologies. Using the term ‘‘technopolitical culture,’’ we aim to show that the ways in which technosciences are interwoven with a specific society frame how citizens build their individual and collective positions toward them. We investigate how the focus group participants conceptualized organ transplantation and genetic testing, their perceptions of individual agency in relation to the (...) two technologies and to more collective forms of acting and governing, and also their understanding of the two technologies’ relationship to broader societal value systems. Against the background of the sustained political effort to build common European values, we suggest that more fine-grained attention toward the culturally embedded differences in coming to terms with biomedical technologies is needed. (shrink)

The global development of human embryonic stem cell science and its therapeutic applications are dependent on the nature of its engagement at national and international levels with key cultural values and beliefs concerning the moral status of the early human embryo. This article argues that the political need to reconcile the promise of new health technologies with the cultural costs of scientific advance, dependent in this case on the use of the human embryo, has been met by the evolution of (...) bioethics as a political community, transnational network, and bureaucratic device. Bioethics has become the political means for the creation of a global moral economy where the trading and exchange of values is normalized and legitimated. As a result of such trading, value compromises are produced capable of legitimizing the regulatory policies necessary for maintaining public trust in the new science. (shrink)

This short article provides a response to Nowotny and Wynne's commentary on an earlier article by the author that examined the relation between science and technology studies and science policy. The article offers a reply with respect to understanding the domain of science policy; how Nowotny and Wynne seek to broaden the scope and so critical leverage of STS beyond the “policy room”; and the implications this has for the ways in which an STS/non-sts nexus might be configured in the (...) future. (shrink)

This paper explores the politics of representing events in the world in the form of data points, data sets, or data associations. Data collection involves an act of seeing and recording something that was previously hidden and possibly unnamed. The incidences included in a data set are not random or unrelated but stand for coherent, classifiable phenomena in the world. Moreover, for data to have an impact on law and policy, such information must be seen as actionable, that is, the (...) aggregated data must show people both something they can perceive and something that demands interrogation, explanation, or resolution. Actionable data problematize the taken-for-granted order of society by pointing to questions or imbalances that can be corrected or rectified, or simply better understood, through systematic compilations of occurrences, frequencies, distributions, or correlations. The paper describes and analyzes three different modes of authorized seeing that render data on global environmental phenomena such as climate change both visible and actionable. It argues that the political force of environmental data compilations derives from the divergent epistemological standpoints and expert practices associated with producing views from nowhere, everywhere, and somewhere. (shrink)

Drinking water quality has drawn enormous attention from scientific communities, the industrial sector, and the common public in several countries during the last couple of decades. The scholarship in science and technology studies somehow overlooked this crucial domain. This article attempts to contribute to this gray area by exploring how drinking water quality is understood in Indian water policies, laws, and courtrooms. The article argues that water policies and laws in India were significantly shaped by international treaties and global environmental (...) stewardship. In the courtrooms, the Indian judiciary employed minimum science-based evidence in decision making in the context of drinking water–related cases; rather they used a rights-based approach and minimally engaged with the issue of drinking water quality/standards. Whatever little science used as valid science by the judges in the decision making was entirely expert-based. The reliance of the judges on the scientific expertise of the experts representing regulatory organizations and public institutions was another unique characteristic of the relationship between science and law in India. (shrink)

This paper examines a struggle over the future use of Nordic forests, which took place from 2009 to 2012 within a major research program, Future Forests—Sustainable Strategies under Uncertainty and Risk, organized and funded by Mistra, The Swedish Foundation for Strategic Environmental Research. We explore the role of strategic environmental research in societal constructions of long-term challenges and future risks. Specifically, we draw attention to the role played by environmental research in the creation of future images that become dominant for (...) how societies structure action for the long term. We also show that this process is on several accounts problematic. Research labeled “strategic” or “relevant” is intended to manage long-term risks and challenges in a sustainable way, by taking into account the “open” and “plural” nature of the future. The case of Future Forests suggests, rather, that by contributing to the emergence of dominant future images, environmental research is entangled with a process of gradual consensus creation around what may be highly selective or biased narratives of the long term, which may conceal or postpone key forms of future conflict. (shrink)

Over the past few decades, significant advances have been made in public engagement with, and the democratization of, science and technology. Despite notable successes, such developments have often struggled to enhance public trust, avert crises of expertise and democracy, and build more socially responsive and responsible science and innovation. A central reason for this is that mainstream approaches to public engagement harbor what we call “residual realist” assumptions about participation and publics. Recent coproductionist accounts in science and technology studies offer (...) an alternative way of seeing participation as coproduced, relational, diverse, and emergent but have been somewhat reluctant to articulate what this means in practice. In this paper, we make this move by setting out a new framework of interrelating paths and associated criteria for remaking public participation with science and democracy in more experimental, reflexive, anticipatory, and responsible ways. This framework comprises four paths to: forge reflexive participatory practices that attend to their framings, emergence, uncertainties, and effects; ecologize participation through attending to the interrelations between diverse public engagements in wider systems; catalyze practices of anticipatory reflection to bring about responsible democratic innovations; and reconstitute participation as constitutive of systems of technoscience and democracy. (shrink)

As nation-states make greater efforts to regulate the flow of people on the move—refugees, economic migrants, and international travelers alike—advocates of DNA profiling technologies claim DNA testing provides a reliable and objective way of revealing a person’s true identity for immigration procedures. This article examines the use of DNA testing for family reunification in immigration cases in Finland, Germany, and the United States—the first transatlantic analysis of such cases—to explore the relationship between technology, the meaning of family, and immigration. Drawing (...) on our analyses of archival records, government documents, and interviews with immigration stakeholders, we argue that DNA testing is not conclusive about the meaning of family. While the technology may facilitate decision making for both would-be immigrants and state officials, our study shows hesitancy among the latter to let DNA testing make the final determination. We introduce the concept of social validity—whether the interpretation of test results matches social or political meanings in a given local context—in order to make sense of the complexities and challenges of DNA testing in practice. We show that DNA testing is not just a technology of belonging or a way to claim citizenship rights. It may also enable exclusion and denial of rights. (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)

Human embryos produced in labs since the 1970s have generated layers of uncertainty for law and policy: ontological, moral, and administrative. Ontologically, these lab-made entities fall into a gray zone between life and not-yet-life. Should in vitro embryos be treated as inanimate matter, like abandoned postsurgical tissue, or as private property? Morally, should they exist largely outside of state control in the zone of free reproductive choice or should they be regarded as autonomous human lives and thus entitled to constitutional (...) protection like full-fledged citizens? Administratively, if they deserve protection, what institutional and policy mechanisms are best suited to carrying out the necessary oversight? Using a method termed comparative problematization, this article traces divergent answers to these questions produced in three countries—the United States, United Kingdom, and Germany—across the last twenty-five years. Comparison reveals distinct bioconstitutional foundations that give rise to systematically different understandings of each state’s responsibilities toward human life and hence its particular treatment of claims on behalf of embryonic lives. (shrink)

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)

The scientific and political debate over whether a fetus can experience pain highlights a vital and controversial boundary for governance—the boundary of human life. I use the 2012 and 2013 US federal debates over twenty-week abortion bans to investigate how personhood is constructed in a society transformed by biomedical science and technology in the United States. Although those who support and oppose the bill take different stances on abortion regulation, each relies on biomedical knowledge and risk assessment to substantiate claims. (...) Through content analysis of congressional documents, I find that members of Congress strategically draw on biomedical discourse to manage the boundaries of bodies and construct a universal “at-risk” political subject in need of governmental protection. These findings bring scholarly debates about personhood into the era of biomedicalization by emphasizing the latent process of creating a hybridized subjectivity that I call cybernetic personhood. (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)

After the Fukushima Daiichi nuclear disaster, the Japanese government tried to democratize energy policy-making by introducing public participation. Over the course of its implementation, however, public participation came to be subordinated to expert committees as the primary mechanism of policy rationalization. The expert committees not only neutralized the results of public participation but also discounted the necessity of public participation itself. This trajectory of public participation, from its historic introduction to eventual collapse, can be fully explained only in reference to (...) complex interactions between the macroinstitutions and microsituations of Japanese policy-making at the time of the nuclear disaster: the macroinstitutional reassembling of the developmental state to reallocate more power from the bureaucracy to the cabinet office and the civil society vis-à-vis the microsituational, shifting power dynamics involving political parties, citizens and NGOs, businesses and labor unions, and other relevant actors. This case study thus helps advance the growing science and technology studies research on how the macro and microparameters of policy-making, ranging from the durable institutions of nation-states to situationally specific political struggles, combine to shape the designs, implementations, and policy influences of public participation at particular places and times as well as in particular policy domains. (shrink)

Current attention directed at ethical dimensions of data and Artificial Intelligence have led to increasing recognition of the need to secure and maintain public support for uses of people’s data. This is essential to establish a “Social Licence” for current and future practices. The notion of a “Social Licence” recognises that there can be meaningful differences between what is legally permissible and what is socially acceptable. Establishing a Social Licence entails public engagement to build relationships of trust and ensure that (...) practices align with public values. While the concept of the Social Licence is well-established in other sectors – notably in relation to extractive industries – it has only very recently begun to be discussed in relation to digital innovation and data-intensive industries. This article therefore draws on existing literature relating to the Social Licence in extractive industries to explore the potential approaches needed to establish a Social Licence for emerging data-intensive industries. Additionally, it draws on well-established literature relating to trust to examine the relevance of trust, and trustworthiness, for emerging practices in data-intensive industries. In doing so the article considers the extent to which pursuing a Social Licence might complement regulation and inform codes of practice to place ethical and social considerations at the heart of industry practice. We focus on one key industry: Financial Technology. We demonstrate the importance of combining technical and social approaches to address ethical challenges in data-intensive innovation and to establish relationships of trust to underpin a Social Licence for Financial Technology. Such approaches are needed across all areas and industries of data-intensive innovation to complement regulation and inform the development of ethical codes of practice. This is important to underpin culture change and to move beyond rhetorical commitments to develop best practice putting ethics at the heart of innovation. (shrink)

This paper aims to provide a better understanding of the law circumscribing the social role of Health Technology Assessment and gain insight into the reasons challenging the inclusion of ethics into HTA. We focused on a debate at the core of the perceived role of regulatory law in health technology development, namely: Environment, Health and Safety Issues vs Ethical, Legal and Social Issues that arose in technology governance. Data collection was based on a literature review and a case study analysis. (...) The former was founded on previous work. Three HTA agencies were selected for the latter using categories ranging from a greater to a lesser level of legal obligatory intensity. Our literature review revealed five different themes relating to the social role of HTA and a distinction between the role/use of “hard law” and “soft law” in regulatory law, thus providing an understanding of how agencies used law for handling ethics in HTA. Both approaches revealed that the debate, first observed in the EHSI/ELSI technology-governance and assessment, is reproduced in HTA. The main trend revealed by the literature review and the case study, is the presence of a pact between science and regulatory law. The social demand for integrating ELSI, and more precisely, ethical evaluation into HTA, is not the main preoccupation of the traditional legal frameworks governing HTA and remains to be considered primarily by alternative, soft law initiatives. The reported difficulties in integrating ethics into HTA demonstrate the need for rethinking legal governance in HTA. (shrink)

This article traces the different classifications of diesel emissions either as “safe” or as “hazardous” in the US and in West Germany between 1977 and 1995. It argues that the environmental regulation of diesel emissions was a political threshold. It contributes to our general understanding of how politicians, environmental lobbyists, scientists, and engineers constructed the standards and norms that defined the “safe” limit of environmental pollutants. After discussing how diesel emissions came under review as a potential carcinogen, I will show (...) that the coding as “safe” or as “hazardous” resulted from negotiations that were entirely dependent on the temporal, geographical, and intellectual contexts in which diesel technology, scientific research on their emissions, and political regulation were embedded. In particular, I trace the differences in German and US regulatory policy. While US regulation relied more on epidemiology that provided only weak data on the carcinogenicity of diesel particulates in the early 1980s, German government agencies tended to base their policy around the mid-1980s more on the results of animal tests and shortly afterwards also on epidemiology. Furthermore, the article reveals how US and German automakers tried to foster doubt on the carcinogenicity of diesel emissions and how their approaches differed and shifted. Thereby, it sheds light on the triangular relationship between technology, science, and politics in regulatory processes by analyzing the different roles of the state, automakers, scientists, and environmental agencies in Germany and in the United States. (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)

ZusammenfassungIst Biologie das jüngste Mitglied in der Familie von Big Science? Die vermehrte Zusammenarbeit in der biologischen Forschung wurde in der Folge des Human Genome Project zwar zum Gegenstand hitziger Diskussionen, aber Debatten und Reflexionen blieben meist im Polemischen verhaftet und zeigten eine begrenzte Wertschätzung für die Vielfalt und Erklärungskraft des Konzepts von Big Science. Zur gleichen Zeit haben Wissenschafts- und Technikforscher/innen in ihren Beschreibungen des Wandels der Forschungslandschaft die Verwendung des Begriffs Big Science gemieden. Dieser interdisziplinäre Artikel kombiniert eine (...) begriffliche Analyse des Konzepts von Big Science mit unterschiedlichen Daten und Ideen aus einer Multimethodenuntersuchung mehrerer großer Forschungsprojekte in der Biologie. Ziel ist es, ein empirisch fundiertes, nuanciertes und analytisch nützliches Verständnis von Big Biology zu entwickeln und die normativen Debatten mit ihren einfachen Dichotomien und rhetorischen Positionen hinter sich zu lassen. Zwar kann das Konzept von Big Science als eine Mode in der Wissenschaftspolitik gesehen werden – inzwischen vielleicht sogar als ein altmodisches Konzept –, doch lautet meine innovative Argumentation, dass dessen analytische Verwendung unsere Aufmerksamkeit auf die Ausweitung der Zusammenarbeit in den Biowissenschaften lenkt. Die Analyse von Big Biology zeigt Unterschiede zu Big Physics und anderen Formen von Big Science, namentlich in den Mustern der Forschungsorganisation, der verwendeten Technologien und der gesellschaftlichen Zusammenhänge, in denen sie tätig ist. So können Reflexionen über Big Science, Big Biology und ihre Beziehungen zur Wissensproduktion die jüngsten Behauptungen über grundlegende Veränderungen in der Life Science-Forschung in einen historischen Kontext stellen. (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 Fukushima accident was a crisis in Japan, and a crisis elsewhere. In Europe, the aftermath of Fukushima was a period of intense questioning, about how to ensure the safety of nuclear reactors, and how, at the same time, ensure the ability of the European Union to act as a consistent political actor in the face of potentially catastrophic risks. Using empirical material related to the post-Fukushima stress tests and the subsequent discussions about the European regulatory framework for nuclear safety, (...) this paper shows that stress tests have provided a peculiar form of European intervention, restabilizing regulatory boundaries while extending the European gaze. It describes the overall operation thereby performed as the “normalization of the crisis” whereby the exceptional situation enters the realm of the normal functioning of the public administrations, and where the actions undertaken take the form of the legal norm. (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)