The historiography of race is usually framed by two discontinuities: the invention of race by European naturalists and anthropologists, marked by Carl Linnaeus’s Systema naturae and the demise of racial typologies after World War II in favor of population-based studies of human diversity. This framing serves a similar function as the quotation marks that almost invariably surround the term. “Race” is placed outside of rational discourse as a residue of outdated essentialist and hierarchical thinking. I will throw doubt on this (...) underlying assumption, not in order to re-legitimate race but in order to understand better why race has been, and continues to be, such a politically powerful and explosive concept. (shrink)

Gender is perhaps the most pervasive, fundamental, and universally accepted way we separate and categorize human beings. Yet in recent years, U.S. courts and administrative state agencies have confronted a growing challenge from individuals demanding to have their gender reclassified. Transgender people create a profound category crisis for social institutions built on the idea that biological sex is both immutable and dichotomous. During the past four decades, the central legal question shifted from how to allocate specific individuals to categories to (...) the permeability of gender categories themselves. This analysis of 38 judicial gender determinations provides a glimpse of the literal construction of the gender order and of the ways institutions gender individuals. It also provides powerful evidence that cultural anxieties about reproduction and the heterosexual, conjugal family underscore institutional efforts to manage the uncertainty of postmodern gender identities. (shrink)

Medical classification systems aim to provide a manageable taxonomy for sorting diagnoses into their proper classes. The question, this paper wants to critically examine, is how to correctly systematise diseases within classification systems that are applied in a variety of different settings. ICD and DSM , the two major classification systems in medicine and psychiatry, will be the main subjects of this paper; however, the arguments are not restricted to these classification systems but point out general methodological and epistemological challenges (...) of classifying diseases for differing purposes. Deciding what qualifies as a disease to be included into a classification system as well as choosing a specific validator for correctly systematising diseases is complicated because the broad applicability of medical classification systems simultaneously appears as aim and challenge. Drawing upon the case study of classifying Alzheimer’s disease, this paper will address three dilemmas in designing ‘good’ medical classification systems. They are due to general epistemological problems of medicine, such as the relationship between individual manifestations of diseases and the necessity of building groups in order to scientifically elucidate causes of diseases. Moreover, they involve pragmatic issues of designing usable classifications that allow for easily discriminating between classes of diseases, restricting, however, the completeness of disease representations. This paper wants to trace how the choice of certain validators is unavoidably value-laden and deeply intertwined with epistemological assumptions of how different uses relate to each other, resulting either in a prioritisation of (constrained) coherence or of (vague) pluralistic connectibility. (shrink)

ArgumentRecent studies of patents have argued that the very materiality and techniques of legal media, such as the written patent document, are vital for the legal construction of a patentable invention. Developing the centrality placed on patent documents further, it becomes important to understand how these documents are ordered and mobilized. Patent classification answers the necessity of making the virtual nature of textual claims practicable by linking written inscription to bureaucracy. Here, the epistemological organization of documents overlaps with the grid (...) of patent administration. How are scientific inventions represented in such a process? If we examine the process of creating a new patent category within the International Patent Classification (IPC), it becomes clear that disagreements about the substance of the novel inventive subject matter have been resolved by computer simulations of patent documents in draft classifications. The practical needs of patent examiners were the most important concerns in the making of a new category. Such a lack of epistemological mediation between the scientific and legal identities of an invention depicts a legal understanding that science is already inside patent law. From an internal legal perspective, the self-referential introduction of the new patent category may make practical sense; however it becomes problematic from a technological and scientific standpoint as the remit of the patent classification also affects other social contexts and practices. (shrink)

Sociologists often ask why particular groups of people have the moral views that they do. I argue that sociology’s empirical research on morality relies, implicitly or explicitly, on unsophisticated and even obsolete ethical theories, and thus is based on inadequate conceptions of the ontology, epistemology, and semantics of morality. In this article I address the two main problems in the sociology of morality: (1) the problem of moral truth, and (2) the problem of value freedom. I identify two ideal–typical approaches. (...) While the Weberian paradigm rejects the concept of moral truth, the Durkheimian paradigm accepts it. By contrast, I argue that sociology should be metaphysically agnostic, yet in practice it should proceed as though there were no moral truths. The Weberians claim that the sociology of morality can and should be value free; the Durkheimians claim that it cannot and it should not. My argument is that, while it is true that factual statements presuppose value judgments, it does not follow that sociologists are moral philosophers in disguise. Finally, I contend that in order for sociology to improve its understanding of morality, better conceptual, epistemological, and methodological foundations are needed. (shrink)