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An exploration into law and narratives: the case of intellectual property law of biotechnology

Kang, Hyo Yoon (2006) An exploration into law and narratives: the case of intellectual property law of biotechnology. Law and Critique, 17 (2). pp. 239-265. ISSN 0957-8536. E-ISSN 1572-8617. (doi:10.1007/s10978-006-0008-6) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1007/s10978-006-0008-6

Abstract

This essay explores the possibility of applying narrative analysis as a tool for the socio-cultural study of law. Narrative is understood to be both a form of representation of reality, as well as a starting point into the enquiry about the nature of reality itself. Consequently, an analysis of legal narratives could help to assess law’s impact on our understanding of social reality and of ourselves. The narrative context, which is examined for its plot and metaphors, is the intellectual property law of human biotechnology. The legal representation of techno-scientific knowledge in intellectual property law is contrasted against other conceptions of science, especially with the ones that are put forward by scholars in science and technology studies and anthropology. It is argued that the present legal narrative of human biotechnology and intellectual property not only lacks sufficient understanding of the scientific knowledge-making process but also, importantly, that it is in need of a self-reflexive understanding of its own practice. At the end, the possibility of changing the present legal narrative will be probed with the help of different narrative theories of the self and of representation, which have been advanced by White, Taylor and MacIntyre.

Item Type: Article
DOI/Identification number: 10.1007/s10978-006-0008-6
Subjects: K Law
K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Hyo Yoon Kang
Date Deposited: 16 Sep 2014 15:23 UTC
Last Modified: 14 Nov 2019 16:32 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/42961 (The current URI for this page, for reference purposes)
Kang, Hyo Yoon: https://orcid.org/0000-0001-6263-4672
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