Who Owns Knowledge?: Knowledge and the Law

Overview

Who Owns Knowledge? explores the emerging linkages between the extension of knowledge and the law. It anticipates that the legal system will not only be called upon to adjudicate in matters of creative minds, but will be expected to do so to an ever increasing degree.

Linkages between the legal system and knowledge are bound to multiply in modern societies. Ironically, while increasingly relying on knowledge, we are simultaneously investing significant resources into controlling...

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Overview

Who Owns Knowledge? explores the emerging linkages between the extension of knowledge and the law. It anticipates that the legal system will not only be called upon to adjudicate in matters of creative minds, but will be expected to do so to an ever increasing degree.

Linkages between the legal system and knowledge are bound to multiply in modern societies. Ironically, while increasingly relying on knowledge, we are simultaneously investing significant resources into controlling this same knowledge. This includes developing a system of legal governance over how knowledge is extended or enlarged. Such modes of governance may take the form of regulatory legal codes, or legal challenges and judgments that shape the evolution of modern society and potentially transform knowledge itself, as a productive force. Who Owns Knowledge? asks such questions as: What is the appropriate balance of public and private interests involved in this process? How can creative powers, natural resources and indigenous knowledge be protected from either public or private exploitation? Does the law have the power to prevent this exploitation, or is adaptive technology needed? Also, in this identity theft conscious age, how can the rights of the individual be protected against policies allowing access to any kind of information, especially confidential information? The editors and contributors demonstrate that the relationship between knowledge and the law needs to be further researched and discussed. Who Owns Knowledge? is a must-read for those interested in the subjects of intellectual property, the history and development of modern legal and economic systems and their entanglements, and how judicial systems make choices between the legal and economic systems and, especially, between the public and private good and their often opposing interests.

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Product Details

  • ISBN-13: 9780765803375
  • Publisher: Transaction Publishers
  • Publication date: 11/20/2007
  • Pages: 340
  • Product dimensions: 6.20 (w) x 9.30 (h) x 0.90 (d)

Meet the Author

Nico Stehr is Karl Mannheim Professor of Cultural Studies at the Zeppelin University, Friedrichshafen, Germany, and a fellow of the Center for the Advanced Study of the Humanities, Essen, Germany. During the academic year 2002-2003 he was Paul F. Lazarsfeld Professor at the University of Vienna. Stehr is also a professor emeritus of the University of Alberta. His research interests include sociology, economics and labor, globalization, and ecology.

Bernd Weiler was a fellow at the Karl-Mannheim-Chair for Cultural Sciences at Zeppelin University. His research interests focused on the intellectual history of the cultural sciences.

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Table of Contents


Preface   Nico Stehr     vii
Introduction: Knowledge and the Law: Can Knowledge be Made Just?   Nico Stehr   Band Weiler     1
The Social Contexts of Knowledge and the Law
Introduction to Part 1   Steve Fuller     17
The Law and Economics of Rights in Valuable Information   Edmund W. Kitch     25
Scientific Norms, Legal Facts, and the Politics of Knowledge   Alfons Bora     67
Is a Just System also Fair? Traversing the Domain of Knowledge, Institutions, Culture, and Ethics   Anil K. Gupta     87
Major Social Institutions, Knowledge and the Law
Introduction to Part 2   Steve Fuller     101
Fundamental Ignorance in the Regulation of Reactor Safety and Flooding: Risks of Knowledge Management in the Risk Society   Michael Huber     107
Science in Whose Interest? States, Firms, the Public, and Scientific Knowledge   Renee E. Marlin-Bennet     125
The Social Context of Knowledge and the Law: Who Owns Knowledge
Introduction to Part 3   J. Rogers Hollingsworth     153
The Difficult Reception of Rigorous Descriptive Social Science in the Law   Christoph Engel     169
Inexplicable Law: Legality's Adventure in Europe   Alexander Somek     215
In Search of theStory   Viktor Mayer-Schonberger     237
Does the Category of Justice Apply to Drug Research Based on Traditional Knowledge? The Case of the Hoodia Cactus and the Politics of Biopiracy   Wolfgang van den Daele     255
Profiles and Correlatable Humans   Mireille Hildebrandt     265
Research Ethics as the Latest Moral Panic in the Governance of Scientific Knowledge   Steve Fuller     285
Concluding Observations   Ralf Rogowski     307
Contributors     315
Index     321
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