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History and Technology
An International Journal
Volume 28, 2012 - Issue 1
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Articles

Thinking about work, knowledge, law and property

Pages 93-100 | Published online: 22 Mar 2012
 

Notes

1. Another key vector in her study concerns authors, publishers, and copyright law, equally about creativity but focused on business practice rather more than on technologies.

2. For the original invocation of this durable insight, that ‘the manager’s brains are under the workman’s cap,’ see Haywood and Bohn, Industrial Socialism. For context, see Montgomery, The Fall, chap. 1; and for analysis, see Fisk, ‘Removing the Fuel.’ Haywood led the Industrial Workers of the World, an early twentieth century inclusive union that challenged the craft-based, exclusionist approach of the American Federation of Labor.

3. For foundational texts, see Bohme and Stehr, Knowledge Society; Castells, Rise of the Network.

4. Harper, Working Knowledge.

5. Ibid., 131–2.

6. Ibid., 131.

7. Romig et al., ‘How Farmers,’ 229.

8. See Suchman, Plans and Situation; Borg, Auto Mechanics.

9. Gill, Accountants’ Truth, 54–5. For a long term analysis of the non-linear track of building knowledgeability in engineering design, see Johnson, Hitting the Brakes.

10. The absence of deep knowledgeability may in part account for why ‘tech firms’ acquired and managed ‘by the numbers’ by financial experts routinely flounder or fail. Their definition of ‘what matters’ can be critically incomplete.

11. Sell, ‘Questions Loom’ [emphasis added].

12. Here, such domains would be places of work, including households and fields, but other technologically inflected domains involving consumption, leisure, worship, or incarceration could be investigated (places where some people work and others consume, play, pray, or rot).

13. What is it in service of? What are the alternatives in practice (e.g. institutions, profit, the state, religion, survival, ideology), how have they changed in recent centuries, and how is technology implicated in each? Such questions are open to research and discussion.

14. Van Maanen, ‘Escape from Modernity,’ 277.

15. It is not unpaid, just not divisible into priced units, much like teaching. Professions facing arbitrary injection of pricing units, as in law and medicine, I would conjecture, are endangered.

16. Foucault, Discipline and Punish.

17. Polanyi, Tacit Dimension. For a rich discussion of the issue and the notion that embodied knowledge is a part of tacit knowledge (other aspects of which are trans-individual), see Gertler, ‘Tacit Knowledge.’ Much of tacit knowledge, as defined in the literature, is presumed to be inaccessible to persons or groups and non-propositional, whereas embodied knowledge is individualized while being both accessible and usable directly in problem solving, even if it cannot be codified readily (or at all?).

18. Johnson, ‘Reflections,’ 249–50. Johnson served as an Associate Justice of the Vermont Supreme Court from 1990 until her retirement in August 2011.

19. Ibid., 250–1.

20. Hohfeld (Citation1913), ‘Some Fundamental Legal Conceptions,’ esp. 30ff. The opposites of the four core terms are: no-rights, duty, diability, liability. Google Scholar indicates that this article has been cited over 2000 times. See also Hohfeld’s 1917 follow-up essay, similarly titled.

21. Varieties of conflict over technological property rights and relations may arise inside workplaces, firms, agencies, even families. Litigation may follow, but that’s a bonus for researchers, given the voluminous documentation that often arises.

22. Johnson, ‘Reflections,’ 253. For the original, see Honoré, ‘Ownership,’ 107–17.

23. Ibid., 254. This lack of concern with the ‘object itself’ seems germane to a considerable range of complex financial instruments which helped trigger a global economic crash in 2008.

24. So long as they are just our operating components, they are not property. When monetized, through legal practices (sizable costs are incurred before your donated kidney can be transferred to another human facing death) or black market maneuvering, they become a part of the property network.

25. Strasser, Commodifying Everything.

26. Carlaw et al., ‘Intellectual Property,’ 634.

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