In the mid-1990s, the company Human Genome Sciences submitted three potentially revolutionary patent applications to the US Patent and Trademark Office, each of which claimed the entire genome sequence of a microorganism. The patent examiners, however, objected to these applications, and after negotiation they were eventually re-written to resemble more traditional gene patents. In this paper, which is based on a study of the patent examination files, we examine the reasons why these patent applications were unsuccessful in their original form. (...) We show that with respect to utility and novelty, the patent attorney’s case built on an understanding of the genome as a computer-related invention. The patent examiners did not object to the patenting of complete genome sequences as computer-related inventions on moral grounds or in terms of the distinction between a discovery and an invention. Instead, their objections were based on classification, rules and procedure. Rather than patent examiners having a notion of a genome that should not be patented, the notion of a ‘genome’, and the ways in which it may be different from a ‘gene’, played no role in these debates. We discuss the consequences of our findings for patenting in the biosciences. (shrink)

This book, which represents probably the most comprehensive discussion of the emergence of modem social science yet produced, is of far more than merely historical interest. The contributors set out to rewrite the history of the social sciences and to show the limitations of conventional conceptions of their development. These tasks they accomplish with great success and much distinction. Yet in so doing they contribute in a direct way to our understanding of the relation between social analysis and the nature (...) of human societies today. The brilliant and distinctive perspective of the papers in this collection is to demonstrate, with many specific examples, that social science and modem institutions have helped shape each other in mutual interplay. Modem systems are in some part con stituted through the reflexive incorporation of developing social science knowledge; on the other hand, the social sciences organise themselves in terms of a continuing reflection upon the evolution of those systems. Such a perspective, as Wagner and Wittrock in particular make clear, does not in any way either impugn the status of knowledge claims made within social science or destroy the independent reality of social institutions. The book questions the notion that the institutionalising of the social sciences can be understood as a process of their increasing autonomy from extemal social connections. 'Autonomy' forms a mode of legitima tion and a basis of power rather than a distinctive phenomenon as such. (shrink)

In this influential work, first published in English in 1963, Durkheim and Mauss claim that the individual mind is capable of classification and they seek the origin of the ‘classificatory function’ in society. On the basis of an intensive examination of forms and principles of symbolic classification reported from the Australian aborigines, the Zuñi and traditional China, they try to establish a formal correspondence between social and symbolic classification. From this they argue that the mode of classification is determined by (...) the form of society and that the notions of space, time, hierarchy, number, class and other such cognitive categories are products of society. Dr Needham’s introduction assesses the validity of Durkhiem and Mauss’s argument, traces its continued influence in various disciplines, and indicates its analytical value for future researches in social anthropology. (shrink)

How Classification Works attempts to bridge the gap between philosophy and the social sciences using as a focus some of the work of Nelson Goodman. Throughout his long career Goodman has addressed the question: are some ways of conceptualizing more natural than others? This book looks at the rightness of categories, assessing Goodman's role in modern philosophy and explaining some of his ideas on the relation between aesthetics and cognitive theory. Two papers by Nelson Goodman are included in the collection (...) and there are analyses of his work by seven leading academics in anthropology, philosophy, sociology and musicology. (shrink)

This trenchant study analyzes the rise and decline in the quality and format of science in America since World War II. Science-Mart attributes this decline to a powerful neoliberal ideology in the 1980s which saw the fruits of scientific investigation as commodities that could be monetized, rather than as a public good.

Why does an object or phenomenon become the subject of scientific inquiry? Why do some of these objects remain provocative, while others fade from center stage? And why do objects sometimes return as the focus of research long after they were once abandoned? Addressing such questions, _Biographies of Scientific Objects_ is about how whole domains of phenomena—dreams, atoms, monsters, culture, society, mortality, centers of gravity, value, cytoplasmic particles, the self, tuberculosis—come into being and sometimes pass away as objects of scientific (...) study. With examples drawn from both the natural and social sciences, and ranging from the sixteenth to the twentieth centuries, this book explores the ways in which scientific objects are both real and historical. Whether discovered or invented, these objects of inquiry broaden and deepen in meaning—growing more "real"—as they become entangled in webs of cultural significance, material practices, and theoretical derivations. Thus their biographies will matter to anyone concerned with the formation of scientific knowledge. Contributors are Jed Z. Buchwald, Lorraine Daston, Rivka Feldhay, Jan Goldstein, Gerard Jorland, Doris Kauffman, Bruno Latour, Theodore M. Porter, Hans-Jörg Rheinberger, Marshall Sahlins, and Peter Wagner. (shrink)

This article examines some of the interactions between law, science, and society taking place during a trial. By focusing on a restricted set of scientific and nonscientific actors engaged in negotiating the meaning, relevance, and reliability of scientific evidence, the article illustrates how the categories—law, science, and society—are inextricably interrelated in the legal negotiations and outcome. The introduction of scientific evidence into adversarial legal settings produces strategies, opinions, and claims that are not shaped solely by scientists, lawyers, or legal processes. (...) The situated law-science negotiations provide a site where social order and scientific knowledges are mutually constituted. The outcome of specific law-science interactions will be open to a range of readings and constraints that are not reducible to some putatively correct scientific understanding nor adequately described as the distortion of scientific evidence by the legal system. (shrink)

The Argumentwhile reconizing that public sector research has long been managed by a wide variety of practices and techniques, this paper concentrates on the increasingly important role that patents are playing in the management and regulation of public sector research. It argues that as a specific form of technology, patents play a significant and growing role in facilitating the management of the scientific object and can also be seen as a particular instance of governmentality. More specifically, it argues that patents (...) have had an important impact on the culture and political ecomomy of science. In this sence patents can be seen not only as a legal regime that provides limited property rights over technical information but also as a sophisticated tool of discipline and control that is used to regulate and manage public sector research. The paper suggests that with the increasing use of patents as a means of governing science, we are witnessing the growing juridification of science, the intervention of the law into an arena it hitherto largely ignored. (shrink)