ABSTRACT

How are objects of biotechnology classified by law? This chapter answer this question through an analysis of three case studies of classification practices and problems at the intersection of law and biotechnology. The case studies include classifications of human embryos when distinguishing between legally legitimate science and criminal conduct, classifications that are used to delineate the legal fate of excised human tissue for the purpose of assigning property and related legal rights, and classifications applied to transgenic animals, genetically modified organisms, and other biotechnological inventions for the purpose of establishing whether a patentable invention exists. The chapter aims to show the ways that legal narrative and its underlying philosophies are either aligned or misaligned with scientific meanings and understandings and the resulting consequences for both science and society.