S
EMINAR
: E
XPERTISE
& R
ULERSHIP IN
L
AW AND
S
CIENCE
HLS-2082 / HKS IGA-518
S PRING 2016
P
ROFESSORS
S
HEILA
J
ASANOFF AND
D
AVID
K
ENNEDY
Syllabus
Tuesdays 5:00-7:00pm
2 classroom credits
How is expertise produced, disseminated, controlled and challenged? How do experts combine knowledge, common-sense, analytics, argument, lifestyle, character? How does expertise write itself into power--or submission? Through what moves does expertise become rulership? What is the work of disciplinary formations and the professions in reproducing practices of knowledge-making and professional judgment? How ought one to go about mapping the political implications of expertise, and how interpret the stakes in choosing an expert vernacular?
We will read and discuss literature from social theory, law, and science and technology studies which bears on these questions, alongside case studies of “expertise” in action in a variety of professional, scientific and lay settings. The seminar is open by permission of the instructors. Those interested in enrolling should address a short statement to one of the two instructors describing their interest. Cross registration by students from other
University departments strongly encouraged.
Requirements: students will be expected to prepare and participate in weekly discussions and write a final essay.
C
OURSE
O
UTLINE
Time
Question: How do people come to perceive time, rely upon a perception of time, harness time in their professional projects? How is a linear sense of time achieved – or upended?
What comes after what, before what – and why does it matter? When are projects and proposals strengthened by their relationship to a past, a future or a here and now?
Themes: Modernity – how it is understood, how it situates professional practices.
History, memory, chronology, progress and causation in professional or expert imagination and advocacy. Ambivalence about origins or futures, causes or consequences, in professional thought – how is it used, generated, repressed? “Process” is often about time, timing, deferring and deciding: how do professional processes reflect and create temporality?

CLASS 1 (Jan 26)

EP Thompson

Michel Foucault, “Nietzsche, Genealogy, History” reprinted in Foucault, Aesthetics,
Method and Epistemology, edited by James Faubion, Volume 2, Essential Works of
Foucault 1954-1984, Paul Rabinow, series editor, 1998. The New Press, pp. 369-391.

Michel Foucault, “History of Systems of Thought” reprinted in Language,
Countermemory, Practice: Selected Essays and Interviews by Michel Foucault, edited by Donald Bouchard. Cornell University Press 1977, pp. 199-204.
 Karl Polanyi, “The Great Transformation: The Political and Economic Origins of
Our Time”. Beacon Press edition, with Foreword by Joseph Stiglitz, 2001, pp. 45-
80 and 81-89, 116-140.
Class 2 (Feb 2)

Duncan Kennedy, “Three Globalizations of Law and Legal Thought: 1850-2000”,
David Trubek and Alvaro Santos, eds., in The New Law and Economic Development.
Cambridge University Press 2006, pp.19-73.

Arnulf Becker, “Mestizo International Law”. Cambridge Press 2015, pp. 1-8, 13-37.

Martti Koskenneimi, “Histories of International Law: Dealing With Eurocentrism” in
Rechtsgeschichte, 2011, pp. 152-176.
Class 3 (Feb 9)

Barbara Adam –
 Bruno Latour, “ We Have Never Been Modern”

Ulrich Beck
Space
Question: Space in the professional imagination – when is it bounded or open? How are identities and allegiances, social differences and similarities, marked by space and territory? The space of power: jurisdiction, sovereignty, domain. The reciprocal projects of boundary work and authority. On what terrain or field of operation do experts

imagine their struggles and engagements? What constitutes the boundaries of rule; how is jurisdiction defined?
Themes: Conflict, security and rupture: the space of operations, the “map” on which strategy can be imagined.
Class 4 (Feb 16)

James C. Scott, “The Art of Not Being Governed: An Anarchist History of
Upland Southeast Asia”. Yale University Press 2010, Ch. 4 (“Civilization and the
Unruly”), pp. 98-126.

Gilles Deleuze and Félix Guattari, “Nomadology: The War Machine Translation”,
Brian Massumi, 1986 Semiotext, Columbia University, pp. 1-40, 109-122.

Annelise Riles, “The Network Inside/Out”. University of Michigan Press 2001,
Ch. 3 (“Infinity Within the Brackets”), pp. 70-91.
Class 5 (Feb 23)

Richard Ford, “Law’s Territory: A History of Jurisdiction,” 97 Michigan Law
Review 1999. (pp. 843-857 required, pp. 858-930 optional)

Timothy Mitchell, “Rule of Experts: Egypt, Techno-Politics, Modernity”.
University of California Press 2002, Ch. 2 (“Can the Mosquito Speak?”), pp. 19-
53.

Michel Foucault, “Lectures of 11 January 1978, 18 January 1978, 25 January
1978 and 1 February 1978” from Security, Territory, Population: Lectures at the
Collège de France 1977-1978, pp. 1-79.

Robert Malley, Jean Manas and Crystal Nix , “ Constructing the State Extraterritorially: Jurisdictional Discourse, the National Interest, and Transnational
Norms” , 103 Harvard Law Review 1990 (excerpts).
Class 6 (Mar 1)
 S. Jasanoff, “Biotechnology and Empire: The Global Power of Seeds and
Science,”
Osiris 21(1):273-292 (2006).

B. Latour. “Give Me a Laboratory and I Will Raise the World,” in M. Biagioli, ed., The Science Studies Reader (New York: Routledge, 1999), pp. 258-275

 Benedict Anderson, Imagined Communities, chapter “Census Map and Museum”, pp. 163-185
Systems and Institutions
Question: When is there a “system”? An “order”? An “institution?” How do experts come to interpret the time and space of their engagements as ordered? Or themselves as architects – or objects – of that order? Markets, economies, corporations, governments, the global -- how are the organizations of professional attention and engagement stabilized or remade? What gives them durability and coherence, what renders them plastic?
Themes: Public/private, “system,” markets, corporations, public reason, habitus, procedure, process
Class 7 (Mar 8)

Max Weber, “Legitimate Authority and Bureaucracy”, in Essays in Sociology,
Oxford University Press 1958, pp. 196-244.

Gerald Frug, “Ideology of Bureaucracy”, 97 Harvard Law Review 1984 (pp.
1276-1296 required, pp. 1297-1388 optional)

Pierre Bourdieu, “Structures, Habitus, Practices” in The Logic of Practice, translated by Richard Nice. Stanford University Press 1990, pp. 72-95.
March 13 – 20 Spring Break
Class 8 (Mar 22)

David Kennedy, “Law & The Global Dynamics of Distribution”, chapter 6 of A
World of Struggle, Oxford University Press, in press.
 Immanuel Wallerstein, “The Modern World System as a Capitalist Economy” in World Systems Analysis: An Introduction Duke Press 2014, pp. 23-41.
(note: students may also find Chapter 1, “Historical Origins of World Systems
Analysis” useful)

Epistemic communities / fields/boundaries work
Class 9 (Mar 29)


Sheila on objectivity in US/UK/Germany;

Clifford Geertz, " Common Sense as a Cultural System,” in Local Knowledge.
New York, Basic Books 1983, pp. 73-93.
 Luc Boltanski and Laurent Thévenot, “On Justification: Economies of Worth”,
Princeton: Princeton University Press 2006, Ch. 6 (“The Six Worlds), pp. 159-
211.
Self, Identity, Subjectivity
Question: The phenomenology of expert practice: the experiences of subjectivity and identity, of objectivity and the disciplines of expert formation. How do experts recognize one another and imagine themselves? Professionalism and shared modes of reasoning, styles of practice, embodied competence. How are identities formed, performed, articulated – undermined or suppressed?
Themes: When and how is expertise an experience, an attribution or a performance?
When is to know something also to be something -- or to be something also to know something? And how does that happen, how is it sustained or managed? The self as manager of multiple selves, perspectives, attitudes: disenchantment, pragmatism and the désabusé self of modern expert practice.
Class 10 (April 5)

Max Weber, “The Vocation of Science” in The Essential Weber: A Reader, Sam
Whimster, Editor. Routledge Press 2004, pp. 270-287.

Max Weber, “The Vocation of Politics” in The Essential Weber: A Reader, Sam
Whimster, Editor. Routledge Press 2004, pp. 257-269.

Stephen Humphreys, “Theater of the Rule of Law”, Cambridge University Press
2012) Prologue, pp. xii-xxvi.
Class 11 (April 12)
 David Kennedy, “Spectacle and Libertine”, Ch. 21 in Aftermath: The Clinton
Impeachment and the Presidency in the Age of Political Spectacle, New York
University Press 2001.


Erving Goffman, “Introduction to The Presentation of Self in Everyday Life ,” Ch.
8 in Sean P. Hier, Contemporary Sociological Thought: Themes and Theories.
Canadian Scholar’s Press 2005, pp. 101-110.

Peter Miller and Nikolas Rose, “On therapeutic authority: psychoanalytical expertise under advanced liberalism,” in History of the Human Sciences 1994,
Volume 7, No. 3, pp. 29-64.
Class 12 (April 19)
 Soren Kierkegaard, Fear and Trembling, Penguin books 1985. Translation by
Alastair Mannay, pp. 45-95.

Bruno Latour, “The Pasteurization of France”. Harvard University Press 1988,
Ch. 2 (“You Will Be Pasteurs of Microbes”), pp. 59-110.

Stephen Hilgartner, “Science on Stage: Expert Advice as Public Drama”.
Stanford University Press 2000, Ch. 2 (“Staging Authoritative Reports”), pp. 42-
70.