Economics 3593
SURVEY OF INTELLECTUAL PROPERTY IN THE GLOBAL VILLAGE
1.0 Introduction
This course provides a survey of
the economics of intellectual property in the context of varying legal
traditions in the global knowledge-based economy. In Introduction I
will define such an economy and provide some inter-disciplinary
definitions of knowledge.
The Knowledge-Based Economy
In 1995 the
World Trade Organization
(WTO) began operations and a new global economy was born. Today, 2013,
virtually all member states of the United Nations (UN) belong to the WTO
including the People’s Republic of China and the Russian Federation.
Put another way, global regulation of political and military competition
by the UN beginning in 1945 was extended to global regulation of
economic competition by the WTO fifty years later. This was possible
only because of the global triumph of the Market over Marx. It was also
the result of the ascendance of the United States of America as the sole
superpower in a post-Cold War world.
For the first time virtually all
Nation-States agreed to abide by common rules of trade recognizing the
WTO as final arbitrator of disputes and authorizing it to sanction
countervailing measures against offenders of its rules. Given the
historical role of trade disputes fueling international conflict, the
WTO compliments the UN as a bulwark of international peace, order and
global governance.
As an international legal
instrument, the WTO is a ‘single undertaking’, i.e., it is a set
of instruments constituting a single package permitting only a single
signature without reservation. One of these instruments is the
Trade-Related Intellectual Properties and Services Agreement (TRIPS)
that constitutes, in effect, a global agreement on trade in knowledge,
or more precisely, in intellectual property rights (IPRs) such as
copyrights, patents, registered industrial designs and trademarks.
TRIPS is, however, but one part of the complex WTO package that includes
the General Agreement on Tariffs and Trade (GATT) and some
twenty-six other technical agreements.
TRIPS, in turn, exists in the
context of a constellation of international agreements, conventions,
covenants and treaties administered by the World Intellectual Property
Organization. WIPO is a special subject agency of the United
Nations. TRIPS requires accession to some but not all WIPO
instruments. In turn, WIPO instruments apply only to Nations-States
that accede to them. Generally, acceding States provide only ‘national
treatment’ to citizens of other States, i.e., the same rights are
extended as if they were nationals but the rights so extended are
defined by each national legislature. This treatment contrasts with
‘harmonization’ characteristic of other WTO efforts, e.g.,
definition of subsidies. Currently ‘in force’ WIPO instruments, as well
as TRIPS, ignore and thereby deny protection to ‘non-marketable’
intellectual property rights, e.g., moral rights of artists and
authors, aboriginal heritage rights (Farrer 1994;
Chartrand 1995)
including rights to traditional ecological knowledge or (TEK) and
collective or community-based intellectual property rights in general
(Shiva 1993). Such ‘non-marketable’ rights, together with commercial
rights that have lapsed through time, constitute the public domain of
knowledge from which any and all may freely draw.
In 1996, the Organization for
Economic Cooperation and Development (OECD), whose members constitute
the First World of developed, democratic market economies, published
The
Knowledge-Based Economy
(OECD 1996). The next year the OECD published guidelines for
competitiveness in this new economy: National Innovation Systems
(OECD 1997). In effect as the former Second World of centrally planned
economies melted into a single global marketplace, the economies of the
First World especially in the Anglosphere shifted from a foundation
based on manufacturing to one based on knowledge.
Another way of looking at the
knowledge-based economy is through the work of Harold Innis, the founder
of the only indigenous school of Canadian economics the ‘staple theory’
of economic development. He studied Canada’s development from cod to
fur to timber to wheat. Each staple, according to Innis, engenders a
distinctive patterning to the economy. Arguably manufacturing became
the next staple in Canada’s development. Near the end of his career,
however, Innis moved on to communications arguing that it is the
ultimate staple commodity (Innis 1950, 1951). His student and
colleague, Marshall McLuhan extended Innis’ work formulating the
aphorism: The Medium is the Message. In this view the knowledge-based
economy is one in which the staple is knowledge in the form of
intellectual property rights. It too engenders a distinctive patterning
of the economy.
Creation of the WTO and
recognition of the knowledge-based economy by the OECD initiated an
avalanche of change. Rapid institution building began, continuing to
this day in both the public and private sector around the world. A new
specialty emerged – ‘knowledge management’, not to be confused with its
predecessor - information management; the ‘Chief Knowledge Officer’ (CKO)
became an hierarchical feature of multi- and trans-national
corporations; governments created knowledge ministries, departments and
agencies; ‘knowledge audits’ of firms and Nation-States around the world
began and continue (Malhorta
2000);
and, Nation-States created ‘national innovation systems’ (NIS) to
generate and market new knowledge. A standardized lexicon or
vocabulary was drafted to guide public and private sector discussion and
debate (American
National Standards Institute and the Global Knowledge Economics Council
2001).
Only time will tell whether all
this conceptual and institutional activity is a passing policy fad or
marks a true evolutionary leap in economic developmental thinking. What
is certain is that knowledge is now recognized as a strategic asset in
the competitiveness of nations and of firms.
Inter-Disciplinary Definitions of Knowledge
In Introduction I offer five
inter-disciplinary definitions of knowledge drawn from the philosophy of
biology, comparative terminology, culture, etymology, i.e., the
origin and meaning of words, epistemology, i.e., the domains of
knowledge & PRACTICE, and psychology.
Biology
The
philosophy of biology offers at least four insights into the nature of
knowledge. First, in the philosophy of biology
knowledge is orientation of an organism in an active environment. Every
organism lives in an active environment consisting of:
invariants,
e.g., the river, ocean, sky, mountains, seasons, etc.,
and,
affordances,
e.g., predator, prey, possible mates and/or symbionts (Grene
& Depew 2004).
Invariants become subsidiary or
‘tacit’ to focal awareness of affordances. In this view, it is tacit
integration of subsidiary and focal awareness into a gestalt whole that
constitutes knowledge (Polanyi
Oct. 1962).
Second,
the philosophy of biology highlights sharing knowledge between species
through co-evolution, e.g., the hummingbird’s bill and orchid
blossom co-evolve to match perfectly. To drive the point home, on the
inside of your elbow you will find some 182 species of microbes. In
fact a whole new science is emerging: the human microbiome - the study
of microbes that live in and on people (Infectious Disease News,
July 1, 2008). Given that human beings depend on their microbiome for
essential functions including digestion, a person is really a super
organism consisting of one’s own cells and those of all associated
symbiotic bacteria. In fact, bacterial cells outnumber human cells by
10 to 1, meaning a person is, in a sense, a minority in one’s own body.
This new science may have significant implications for future human
space travel, among other things. Conceptually co-evolution or
symbiosis mitigates Darwinian survival of the fittest and the so-called
‘selfish gene’. It may, in fact, be the dominant evolutionary fact of
life other than death (Chartrand
2007).
Third,
the philosophy of biology highlights the difference between
specialization and fitness. In economic terms competitiveness means
realizing competitive advantage, e.g., doing what one does best
and buying what one does worse, a.k.a., specialization. This
can, however, reduce the fitness of a Nation-State, corporation or
worker to adapt to environmental change. De-industrialization or rather
de-manufacturing of the West is arguably an example of reduced fitness
during the first phase of the knowledge-based economy. The human
environment and fitness landscape is, of course, much more subtle and
complex than that of an amoeba as explained below under Culture.
Fourth,
organisms do not just adapt to their environment, they also adapt the
environment to their purposes. Ants do it with colonies; bees with
hives; beaver with lodges. Humanity does it with technology.
Technology enframes and enables Nature to serve human purpose (Heidegger
1954).
Put another way, technology is a
biological imperative. In effect, it constructs a distinct human
ecology growing ever more distant from Nature as the knowledge explosion
continues to expand. Consider coming home from the office in a car,
unlocking the door to the house, turning on the lights, making supper
using appliances, watching television, checking one’s email then driving
to the local mall to shop. All is technology; all becomes background
environmental invariants to our way of life. Technology enframes and
enables us, defines and patterns life in the human ecology. And
physical technology is knowledge, tooled knowledge to be precise, as
explained below.
Comparative Terminology
Knowledge can also be understood
in contrast with related terms. These include:
Information:
consisting of data, facts, bits or bytes. With commercial innovation of
the computer in the 1950s there began the ‘Information Revolution’
generating huge quantities of information threatening to overwhelm
decision-makers;
Knowledge:
consisting of organized, systematized and retrievable information. With
the development of relational data basing beginning in the 1960s the
information explosion was gradually tamed as was the Internet in the
late 1990s with innovation of efficient search engines;
Understanding:
valuing the meaningfulness or usefulness of an accelerating body of
knowledge in virtually every field of human endeavour; and,
Wisdom:
exercising sound judgement in choosing between alternative means and
ends.
Economist Kenneth Boulding (1966)
observed that ‘information’ can be quantified and manipulated by number
of ‘bits & bytes’ but knowledge has no unit measure. He suggested ‘a
wit’. Consider two messages of equal ‘bit & byte’ size, one a telephone
conversation between two teenage girls in Saskatoon and the other
between the Presidents of the United States and Russia. Quantitatively
they are the same; qualitatively very different. Knowledge is
qualitative and contextual in nature.
Since the1960s, of course, there
has been the personal computer, Windows 95, the Internet, Google,
Facebook and a vast new industry called data mining. All are fueled by
mathematical algorithms generating a phenomenal growth of knowledge
defined as organized, systematized and retrievable information. We can,
however, only hope for a revolution in human understanding and wisdom.
In the 400 years since the Scientific Revolution humanity has become
master of its home planet. In the last 109 years we learned to fly. It
is less than 50 since we landed on the Moon. We’ve come a long way,
very fast!
Culture
As noted above under Biology,
the human environment is much more subtle and complex than an amoeba’s.
In fact the polymorphous diversity of human culture vastly exceeds that
of ant colonies, beehives or beaver lodges.
For our part, we have no trouble
acknowledging the existence of a human nature, characterized by a
species-specific array of highly plastic and variable traits, which,
just because they are plastic, forbid easy normative conclusions about
what behaviors, practices, institutions, laws, moral codes, and so forth
are “natural.” (Grene
& Depew 2004,
335)
From birth the perceptions of the
infant then child and finally adult are saturated by a specific culture
with its indirect perceptions of the environment through tools, language
and pictures (Grene
& Depew 2004,
357-8). These become environmental invariants to the
individual.
If knowledge is orientation in an
active environment then cultural knowledge is critical to survival.
Our minds are certainly adapted to
deal … by way of ideas… because the tie that binds us to the cultural
world as agents, caregivers, competitors, speakers, and thinkers affords
us direct (rather than representational) access to the environments in
which we act responsively and, ultimately, responsibly. (Grene
& Depew 2004,
339)
As I practice cultural economics
(a recognized sub-discipline) constrained maximizing or economic
behaviour takes place within the context of culture and law. Failure to
account for culture gets you into the cannibal’s cooking pot, failure to
account for law gets you into jail. Neither is a maximizing outcome.
In general, however, cultural economics treats law as a varying cultural
artifact defining what is property, i.e., what can be bought and
sold and under what terms and conditions.
Why do the English and Japanese
drive on the left? It is because Napoleon never reached them (McLuhan
& Fiore 1968).
Why are images of women censored in Islamic cultures? Knowledge of such
cultural norms and customs are crucial to survival of the individual yet
vary significantly between Nation-States. They form the cultural
tectonic plates identified by Samuel P. Huntington in his seminal 1993
article “Clash
of Civilizations?”.
They include Muslim, Confucian, Hindu and Buddhist societies as well as
the secular/Christian West and the secular/Orthodox East.
Economist Ekkehart Schlicht notes
that “customs, habits, and routines provide the bedrock for many
economic and social formations yet our understanding of the processes
that underlie the growth and decay of customs is very limited. The
theory of social evolution has hardly commenced to evolve” (Schlicht
2000, 33).
With globalization proximity of tectonic cultures become closer,
tolerance of difference and understanding more critical.
Etymology: The
Origin & Meaning of Words
With respect to etymology the
philosopher Martin Heidegger observed that “All ways of thinking, more
or less perceptibly, lead through language in a manner that is
extraordinary” (Heidegger
1954,
3). For his part philosopher of science Michael Polanyi noted:
Words used in speech and, more
particularly, nouns, verbs, and adjectives, are used like pointers to
designate things they mean… Owing to the partial transposition of this
experience to a distance… this object becomes in effect what we mean by
our utterance. (Polanyi
Oct. 1962,
605)
As will be demonstrated, according
to Polanyi, we ‘indwell’ in our language, our tools and toys. In
English four distinct meanings lay hidden within the verb ‘to know’
including knowing by the:
Senses
– sight & sound (distant senses - sensuous), smell, taste and touch
(near senses - sensual);
Experience
– been there, done that, got the T-shirt;
Mind
– I think and remember and therefor I am; and,
Doing
– can do, know how, experiential knowledge, learn by doing.
Within this list one can conclude
that the knowledge-based economy is not an economy of the senses,
experience or the mind but rather of doing, i.e., it is a ‘can
do’ economy.
By contrast, these four meanings
are expressed by four separate verbs in German wissen, kennen,
erkennen, and (in part) können; and in French by two,
connaître and savoir. The economy of English is both a
blessing in terms of ease of use and a curse in clouding nuanced
meaning. For example, the aboriginal peoples of the Arctic have
distinct names for different types of snow. This is part of their
traditional ecological knowledge or TEK. Arguably each human language
has a distinct sense of what constitutes knowledge. This includes
written and non-written languages that have already died out and those
currently dying out. Arguably, a unique nuanced meaning of knowledge
dies with each. Their knowledge or orientation in an active environment
is lost to humanity forever.
Epistemology:
Knowledge Domains & Practices
There are three domains of
knowledge distinguished by their methodologies, objectives and tolerance
of difference through time. They are:
Natural & Engineering Sciences
(NES) – the hard experimental sciences;
Humanities & Social Sciences
(HSS) – the soft human sciences or sciences of the artificial (Simon
1969);
and,
The Arts
– literary, media, performing & visual arts.
Knowledge in the Natural &
Engineering Sciences
is fact-based and subjected to objective, value-free testing in which
replicability is the criterion. It is concerned with objective truth,
understanding and manipulation of the physical world. It exhibits
decreasing tolerance through time for difference and error as old
knowledge is progressively and reductively displaced by the new, i.e.,
NES knowledge progresses vertically up the ladder of time.
In fact the word Science derives
from the Latin scire “to know” which, in turn, derives from
scindere “to split”, a.k.a. reductionism. Similarly in Greek
what was Logic became Reason in Latin from ratio as in to
calculate. In economics I call this calculatory rationalism – doing
things by the numbers.
Arguably, the success of the NES
in generating new knowledge can be attributed to three factors.
First is the Pythagorean Effect, i.e., exploitation of the
cognate relationship between mathematics and the world of matter and
energy. Second is the Instrumentation Effect, i.e.,
scientific instruments generate evidence not requiring intermediation by
a human being and provide readings at, above and below the threshold of
native human sensibilities. In effect, this lends metaphysical
legitimacy to the NES. Scientific instruments realize the Platonic
“belief in a realm of entities, access to which requires mental powers
that transcend sense perception” (Fuller 2000, 69). Furthermore, the
language of scientific sensors realizes another ancient Greek ideal,
that of Pythagoras, by reporting nature by the numbers. Third is
the Puzzle-Solving Effect of ‘normal science’ (Kuhn
1996)
which permits vertically deep insight into increasingly narrow questions,
i.e., depth at the cost of breadth of vision.
When applied for utilitarian
purposes, NES knowledge generates physical technology, i.e., the
ability to manipulate matter and energy to satisfy human want, needs and
desires. The impact of the experimental method in the NES has been
impressive in evolutionary terms. In the twenty generations since the
Scientific Revolution we have literally enframed our planet enabling
ourselves of its bounties, making them ready at hand to serve our
purpose from the deepest oceans to the outer reaches of the solar
system.
It should be noted that
traditional reductive science of controlled experiments is giving way to
emerging inter-disciplinary ‘synthetic’ sciences such as ecology and
climatology. These draw evidence from both the hard and soft sciences
and use extremely complex mathematical models to put things together
(synthesis) as opposed to breaking them down into smaller and smaller
parts – reductionism.
Knowledge in the Humanities &
Social Sciences (HSS)
is value-based and subjected to mixed value-free/normative testing in
which historical context plays a critical role. Experimental testing on
human subjects is not ethically tolerated – any longer. It is synthetic
in that it seeks reconciliation between objective and subjective truth.
It exhibits shifting tolerances through time as old knowledge is often
recycled in a pedagogic spiral to which new knowledge is added. New
knowledge therefore does not necessarily displace old knowledge and
revisionism is common, i.e., seeing old things in new ways as
well as seeing new things in old ways.
The limited success of the HSS in
generating new knowledge compared to the NES can be attributed to the
absence of the Pythagorean, Instrumentation and Puzzle-Solving Effects
noted above. First, while there may be some relationship, there
is no apparent cognate relationship between mathematics and human
behaviour. Second, HSS evidence – in its collection, compilation
and analysis - is subject to intermediation by human beings all along
the evidence trail limiting objectivity. Third, with the
pedagogic exception of the Standard Model of market economics, there is
no generally accepted paradigm in any HSS discipline corresponding to
‘normal science’ that, according to Kuhn, is required for efficient
puzzle-solving.
When applied, HSS knowledge
generates organizational technology, i.e., the ability to shape
and mold human personalities, communities, enterprises, institutions and
societies. This includes the entrepreneurial and managerial knowledge
to combine capital, labour and technology into intermediate and final
goods and services to satisfy human want, needs and desires. It more
generally involves management and organization of the firm and
Nation-State. It addresses questions of how to motivate workers and
managers and how to marry them with financial capital as well as
physical plant and equipment. The search for the best in organizational
technology is sometimes called In Search of Excellence (Peters &
Waterman 1982). In effect, the HSS provide the epistemological basis
for governance.
Knowledge in the Arts
is concerned with subjective truth; a search for kosmos or the
right ordering of the multiple parts of the world (Hillman
1981).
It is holistic in its aesthetic contemplation or gestalt. Testing is
purely personal and subjective: ‘It works for me!’ It tends towards
increasing tolerance of differences, styles and tastes. It is value
laden, not value free. New knowledge in the Arts does not displace the
old. Shakespeare still speaks, Bach still plays and even Tutankhamen
still sits proudly on his throne before us today. Thus modern creators
compete not just against each other but against the best that have ever
been!
Unlike physical and organizational
technologies, however, design technology primarily affects the
demand-side of the economic equation. In effect, design technology
involves the use of the Arts to manipulate the emotional responses of
consumers (see Psychology below). In this sense, Art is the
technology of the human heart appealing to emotion not reason. It is
much more sensitive to culture, custom and tradition than physical
technology.
Aesthetic design is fundamentally
different from technical or functional design such as a more efficient
automobile engine. It contributes ‘elegance’ defined as simple but
effective or “the best looking thing that works”. If a consumer does
not like the way a product looks, he or she may simply not try it. In
effect, design technology involves marrying aesthetic to utilitarian
value.
Beyond consumer goods, the Arts
play a critical role in advertising and form the research & development
arm of the entertainment industry. It is generally forgotten that
within the ecology of capitalist realism, advertising is the lubricant
of the market economy. And advertising, to a great extent, is the
application of the literary, media, performing and visual arts to sell
goods and services. Actors, dancers, singers, musicians, graphic
artists, copywriters, and editors are all employed to sell everything
from fruit to nuts; from cars to computers, from beer to toilet paper.
If Knowledge Domains are concerned
with the growth of knowledge then the Practices are concerned
with its application in satisfying very specific and pressing human
wants, needs and desires. For my purposes, a practice is the “carrying
on or exercise of a profession …, esp. of law, surgery, or medicine; the
professional work or business of a lawyer or medical man” (OED,
practice, 5). I extend this definition to include other traditional
and contemporary professions such as accountant, architect and
engineer.
In turn, a profession is a
“vocation in which a professed knowledge of some department of learning
or science is used in its application to the affairs of others” (OED,
profession, III 6). Put another way, practices “link bodies of
knowledge to forms of action” (Layton 1988, 92). I will, however,
narrow this definition to exclude the now obsolete definition of
profession as “the function or office of a professor in a university or
college; … public teaching by a professor” (OED, profession, IV
7).
Application of professed knowledge
to satisfy the needs of others involves knowledge in action that
accounts for theory, the client/patient relationship and ethics, i.e.,
“the science of morals; the department of study concerned with the
principles of human duty” (OED, ethics, II 2). Professional ethics, of
course, are a socially conditioned and historically relative.
This distinct form of knowledge
may be called ‘praxis’, a term with a colourful history of its own. It
was coined by the alchemist, metaphysician and subsequent saint, Albert
Magnus, about 1255 C.E. He derived it from a Greek noun of action
meaning “doing, acting, action, practice” (OED, praxis, Epistemology).
It was re-coined by Cieszkowski in 1838 to mean “the willed action by
which a theory or philosophy… becomes a social actuality.” It was then
adopted by Marx in 1844 for whom it explained “how knowledge could give
power” not through thought like Hegel but through the will. In this
sense, praxis approximates design in its emphasis on intent (OED,
praxis, 1 c). It also reflects knowing by doing, not just by the
senses or mind. Practice as experience is another facet of praxis as
knowledge. More generally, praxis means the “practice or exercise of a
technical subject or art, as distinct from the theory of it” (OED,
praxis, 1a). For my purposes it will mean ‘knowledge in action’.
In this regard, it is important to remember that knowledge can be used
as a verb as well as a noun (OED, knowledge, v)
The Practices centre on the
self-regulating professions such as accounting, architecture, dentistry,
engineering (applied), law and medicine. Practices engage knowledge in
real life situations while Domains involve knowledge creation or
interpretation, e.g., knowledge-for-knowledge-sake or
art-for-art’s-sake. Praxis is not academic speculation. It is not
knowledge as a noun but as a verb affecting the lives of real people.
As in aesthetics and science, however, the Practices observe a
professional distance from their subject but it is the very subjective
human being. And unlike the atoms, cells and the physical structures of
the NES, people can and do sue for ‘malpractice’. In fact, malpractice
and product liability lawsuits are a hot button political issue in the
United States due to their alleged negative effect on American
competitiveness.
The Practices draw, merge, mingle
and apply knowledge and methodologies beyond those internal to their
experience from all three Domains in varying combinations, e.g.,
the use of actors by medical schools to prepare future physicians to
face the emotional realities of patients. Another example is the Art of
Dentistry. Unlike academic disciplines, e.g., economics, final
certification or ‘licensing’ is not granted by the university but rather
by an independent professional society, e.g., a College of
Physicians and Surgeons. This partially reflects the fact that praxis
cannot be fully codified, i.e., written down. Put another way, there is
a gap between graduation and professionalism that must be filled before
being licensed to practice independently. This gap is reflected in the
requirement, in all Practices, of some kind of compulsory
apprenticeship, articling or internship.
In many ways, the Practices are
descendants of medieval guild mysteries operating in the Mechanical
Arts. More so than academic disciplines, the Practices control entry
and exit, set rates, supervise initiates and regulate practice. In the
case of medicine and law they were also the first practical subjects to
be admitted to the university. Some Practices are also associated with
grant-giving or funding agencies such as the Canadian Institutes for
Health Research (formerly the Medical Research Council of Canada) and
the National Institutes of Health in the United States.
Guilds originally received their
charters from the Crown granting them monopoly rights in return for
fealty and sometimes tribute. Today the Practices are regulated by the
State, but as with business law (Commons
1924),
most traditional customs and privileges of the Practices are effectively
enshrined, preserved and protected by legislation under Common Law.
As private institutions serving
the public purpose – including health, education and welfare as well as
wealth and legal rights – the Practices have seldom been acknowledged as
critical players in the competitiveness of nations in a global
knowledge-based economy. How they should be regulated and held
accountable is, however, an important question for public policy in
general and for development of an effective national innovation system
in particular. As demonstrated by Birkenshaw, Harden and Lewis (1990)
in their review of
Government by
Moonlight:
The Hybrid Parts of the State in the U.K., USA, France, Germany
and Austria, there are different ways in which this may be done.
Psychology
Psychology’s ‘knowledge about
knowledge’ is dyadic with a physical foundation of knowledge on which is
mounted psychic faculties for its acquisition. The first can be called
‘hardware’; the second, ‘software’. Alternatively, the brain inclusive
of the central nervous system is ‘wetware’ (Rucker 1988), a neologism
distinguishing biological or carbon-based artifacts (natural or
genetically modified) from silicon-based computer systems or ‘dryware’.
I first review findings from cognitive psychology concerning wetware and
cognition, i.e., physically how do we know, and then examine
analytic psychology’s model for the acquisition of knowledge.
It was only in the 20th century
that wetware was meaningfully addressed by neurophysiology, i.e.,
the study of the brain and nervous system. In simple terms, the human
brain has developed through three evolutionary stages. First came the
so-called Reptilian Brain whose nature was the subject of Carl Sagan’s
The Dragons of Eden (1977). Sometimes called the ‘rectilinear or
R-structure’ it includes the brain stem and its specialized extensions
such as the medulla oblongata. It receives sensations from the nervous
system – voluntary and involuntary - and regulates the involuntary
system. Second, overlaying this primitive brain is the Mammalian Brain
or cerebellum with its distinctive lobes – left/right, front/back.
Finally, like wrapping paper enfolding the previous two, is the cerebral
cortex, the grey ridged matter sometimes called ‘the human brain’ but
which we, as a species, share with both the higher primates and
cetaceans such as whales and dolphins.
Put another way, the human brain
is a collection of dedicated modular units each adapted to deal with a
particular set of problems. There are distinct modules for color
vision, locomotion, language-acquisition, motor control, emotional
recognition, etc. Each module developed through natural
selection (Grene
& Depew 2004, 340)
complimented by coevolution (Kauffman
2000).
In this regard, research over the
last hundred years has revealed a lateralization of higher brain
functions or faculties. In the simplest, and least controversial terms:
the left lobe is responsible for speech; the right lobe for pattern
recognition, the front or temporal lobes for reasoning; the back or
occipital lobes for visualization. The latter involves not just
physical sight but also imagination, i.e., “that faculty of the
mind by which are formed images or concepts of external objects not
present to the senses” (OED, imagination, 3).
The creative process appears to be
rooted in the lateralization of brain function. The left hemisphere is
primarily responsible for cognitive activities relying on verbal
information, symbolic representation, sequential analysis, and on the
ability to be conscious and report what is going on. The right
hemisphere, on the other hand, functions without the individual being
able to report verbally, and is concerned with pictorial, geometric,
timeless and nonverbal information (Hansen, 1981, 23). In this regard,
noted systems theorist Geoffrey Vickers wrote:
I welcome the recent findings of
brain science to support the common experience that we have two ‘styles
of cognition’, the one sensitive to causal, the other to contextual
significance. I have no doubt that the cultural phase - which is now
closing - restricted our concept of human reason by identifying it with
the rational, and ignoring the intuitive function, and thus failing to
develop an epistemology which we badly need, and which is within our
reach - if we can overcome our cultural inhibitions. (Vickers, 1977)
More recently research has shown
that not just knowledge but intentional human action displays a
gestalt-like quality. Thus intentional decision is preceded by
emotional assessment (Freeman
2000).
Again a combination of context and focal awareness is at play.
Then there are psychological ways
of knowing, for example, those identified by Carl Jung and applied in
industry and the public sector using The Myers-Briggs Type Indicator®.
Thus we know by:
Thinking
- interpreting what is perceived;
Intuition
– perceiving possibilities inherent in the present;
Feeling
- judging what something or someone is worth, and,
Sensation
- perceiving immediate physical reality
Thinking and feeling are decision
making faculties. In this sense, both are rational. Thinking uses
logic leading to the Sciences. Feeling uses aesthetics leading to the
Arts which I call ‘the technology of the heart’.
On the other hand, Intuition and
Sensation are a-rational in that neither explains or judges. Intuition
generates what futures studies calls ‘no-knowledge’ - knowing but not
knowing how one knows - one simply ‘knows’ (Jantsch 1967). Sensation
especially those arising from the near or sensual senses of touch, taste
and smell tend to overwhelm all others. This is why the ancient Greeks
pursued logic to distance themselves from the thrall of physical
sensation. Similarly the need to distance ourselves from the sensual is
the root of the Fine or Beaux Arts birthed by Baumgarten’s 18th century
philosophy of aesthetics - the science of sensuous knowledge balancing
logic as the science of intellectual knowledge (Kristeller
1952, 34).
In the next lecture I will explore
the economics of knowledge. This will include its nature as a public
good, the role of property rights in the history of economics and the
forms of knowledge that become marketable commodities when converted
from a public good into a private one through the agency of the Law.
To 2.0 Economics of Knowledge |