The intellectual property regimes we have currently in place are heavily under attack. One of the points of criticism is the interaction between two elements of article 27 of the Universal Declaration of Human Rights, the widely discussed issue of being able to benefit from scientific progress and the less argued for position of having a right to take part in scientific enterprises. To shine light on the question if we should balance the two elements or prioritize one of them, (...) an exploration will be offered on how benefiting from scientific progress and the ability to participate in the advancement of science relate to securing human capabilities. A different perspective to the question will be gained by identifying the problem as an issue of misrecognition, especially the failure to recognize many willing collaboration partners in scientific research as peers. Lastly, I will argue that cooperative justice requires that if we have an innovation incentive system that disproportionally benefits one particular group, a certain duty to counterbalance this advantage exists when we are relying on mutual cooperation for the recognition of intellectual property rights. (shrink)

The ArgumentA scientific work presupposes a body of texts that are a condition for its intelligibility. This paper shows that the study of intertextual reference — of the ways a text indicates its relation to other texts — provides a fruitful perspective in the study of science that deserves more attention than it has hitherto received. The paper examines intertextual reference in early nineteenth-century mathematics, first surveying a variety of mathematical texts in the period and then examining in detail W.R. (...) Hamilton's work on quaternions.Three questions are addressed: (1) What forms of intertextual reference are employed? (2) What is the range of intertextual reference? (3) What are the functions of intertextual reference? The answers to the first two questions provide an unexplored perspective on the institutional changes in science during the period. The transitional status of the period in the development of later professional science is reflected in the relative openness in the forms of intertextual reference employed and the range of texts to which reference was made. In virtue of these features the period is particularly fruitful in the study of the functions of intertextual reference. With some major qualifications, the paper defends a Mertonian view that intertextual reference needs to be understood in terms of the claim to intellectual property rights. (shrink)