Many patent law dilemmas arise from a failure to understand technologies as embedded in broader social, economic and political realities and to contextually analyze these legal phenomena. This narrowness leads to poor legal development, of which the modern medical exception from patentability is one example. Judges have difficulty interpreting it, patentees do not understand its purpose and it does not protect the important medical technologies to which the public would like access. This thesis applies a legal pluralist analysis to examine the emergence of the medical methods exception in order to understand why it was created and legislated. It starts by examining the origins of the exception in the caselaw, and the informal, concurrent norm established by the emerging medical profession in the early 20th century. It then proceeds to examine why the medical profession might have sought and enforced a norm prohibiting its members from patenting, and concludes that this arose from the need of the medical profession to distance itself from the patent law. As a result, professionalizing physicians established an internal normative order that mimicked and in many cases replaced the effect of the formal law. The thesis then proceeds to examine how the form of the informal norm evolved in the period between WWI and WWII, finding that the profession’s norm transformed and broke down concurrently with its efforts to achieve external legitimacy through legislation. That breakdown arose from factors which included growing labour mobility, greater understanding of the benefits of patents, and a growing role of science and industry in medicine that threatened the profession’s access to valuable medical innovation. The thesis concludes with a study of a current case (Myriad Genetics) that applies the thesis’ theoretical framework to a present dispute over the role the law should play in regulating genetic diagnostic tests.

Made available in DSpace on 2016-04-27T17:27:22Z (GMT). No. of bitstreams: 1 Washington Luis Souza.pdf: 689943 bytes, checksum: ab580f6061104e014a2c9751801dd26b (MD5) Previous issue date: 2008-04-07 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This study aims to present, having Michael Foucault s work as basis, to present the transition from classic medicine (centuries XVII and XVIII) to modern medicine (centuries XIX and XX), as a turning point, opposed to the teleologic evolution thesis proposed by the traditional medical historiography. On institutional basis, we will approach the dichotomy between medical practices and the classic hospital institutions, placing the creation of therapeutic hospital as a fact of modern age. This dissertation tries to show that classic medicine which classifies pathological species was a knowledge based in natural history and reached its top at the end of Classic Age, when the knowledge from biology, such as anatomy and physiology, were applied to the study of pathologies creating the modern empirical medicine. Modern medicine was constituted as a different knowledge with subject, object, concepts and methods completely distinct. However this change hasn´t happened due to the improvement of knowledge and practice, but because of studies that were developed outside the medical field, apart from the medical reason. Therefore it is not justificable to think about the history of medicine in terms of evolutionary continuity, being best described, on the contrary, as a discontinuous and not progressive history / Este estudo tem por objetivo, a partir da leitura da obra de Michel Foucault, apresentar a transição da medicina clássica (séculos XVII e XVIII) à medicina moderna (séculos XIX e XX), como momento de ruptura, em oposição à tese da evolução teleológica proposta pela historiografia médica tradicional. No plano institucional, serão abordadas as dicotomias entre as práticas médicas e as instituições hospitalares clássicas, situando o nascimento do hospital médico terapêutico como um fato próprio da modernidade. Esta dissertação procura explicitar que a medicina clássica classificatória das espécies patológicas, era um saber fundamentado na história natural e chegou ao seu limite no final da Idade Clássica, quando saberes originários da biologia, a exemplo da anatomia e da fisiologia, foram aplicados ao estudo das patologias criando a medicina empírica moderna. A medicina moderna se constituiu como um saber de outra ordem, com sujeito, objeto, conceitos e métodos absolutamente distintos. Contudo, essa mutação não se deu em virtude do aperfeiçoamento dos conhecimentos e das práticas, mas por meio de estudos desenvolvidos fora do campo médico, alheios à intencionalidade da razão médica. Não se justificaria, portanto, pensar a história da medicina em termos de continuidade evolutiva, cabendo descrevê-la, ao contrário, como uma história descontínua e não progressiva

Originally presented as the author's Thesis (doctoral)--Universität Bremen, 2005/2006. / Includes bibliographical references (p. 421-460) and index.

Revised and extended version of the author's doctoral thesis. / Includes bibliographical references and index.

Orientador: Everardo Duarte Nunes / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Ciências Médicas / Made available in DSpace on 2018-08-17T22:47:40Z (GMT). No. of bitstreams: 1 Oliveira_AnaLuizadeOliveirae_M.pdf: 4201694 bytes, checksum: 0c5f03689fb7ead860abfe74c9495f18 (MD5) Previous issue date: 2011 / Resumo: A partir da análise sócio-histórica dos anos 1930 e 1940 no município de São Paulo, a pesquisa se propôs estudar como se organizavam as práticas fisioterapistas como uma prática profissional singular anterior à institucionalização da Fisioterapia como profissão. É um estudo que combina fontes primárias e secundárias, como a coleção dos livros de registros de fiscalização do exercício profissional, documentos pessoais de Godoy Moreira, Rezende Puech e Raphael de Barros, além de fotografias e a legislação federal e estadual do período em análise. O alinhamento de fontes diversas permitiu alcançar um conjunto de elementos que determinaram a existência de uma expertise própria no campo da saúde circundante ao problema da pesquisa. O olhar histórico possibilitou compreender como se estabeleceram as relações entre saber e prática no movimento de constituição da profissão. Tratou-se de verificar os indícios das práticas fisioterapistas e sua relação com os profissionais médicos(as) e enfermeiros(as) em sua trama histórica. Analisadas sob a lente da sociologia das profissões, os conceitos desenvolvidos por Eliot Freidson como expertise, credenciamento e autonomia emolduram o trajeto do estudo. Os pressupostos levantados constatam a dependência institucional da prática fisioterapista para ser aceita como ciência médica e posterior credenciamento pelo Estado, antes mesmo de uma estruturação formal de ensino. Os argumentos e fatos, em nome do movimento de institucionalização e regulamentação da profissão, concentram-se no encontro, no interior da instituição hospitalar, de médicos e enfermeiros, além de um contexto sócio-histórico permeado pela necessidade social em estabelecer as práticas fisioterapistas em São Paulo nos anos 1930 e 1940. Os dados do trabalho comprovam que havia uma aproximação entre os saberes e práticas. O estudo termina por revelar que a fisioterapia se consolida como profissão a partir da criação do "Curso técnico operador em fisioterapia Raphael de Barros" no interior da Faculdade de Medicina da Universidade de São Paulo, provocando um movimento que tomou força, culminando na institucionalização da profissão concretizada em 1969. Abrem-se, assim, novas possibilidades de estudos que desejam compreender a prática fisioterapista a partir de sua trama histórica / Abstract: This research proposed to study the way in which physiotherapeutic practices were organized prior to the institutionalization and regulation of physiotherapy as a profession, starting from a socio-historical analysis of the emergence of singular practice, the physiotherapist practice, in São Paulo during the 1930's and 1940's. The research combined data arising from different historical sources, such as the collection of books regarding the oversight of the professions, personal documents of Godoy Moreira, Resende Puech and Raphael de Barros, photographs and federal and state legislation of the period being studied. The analysis of different sources allowed a set of elements that demarcated knowledge in the health field surrounding the research question. The historical overview allowed the understanding of how relationships between knowledge and practice were established in the constitution of the profession. It worked to substantiate evidence of the physiotherapists practice as an expertise and its relation with physicians and nurses in the health field. Examined under the lens of sociology of professions, the concepts developed by Eliot Freidson such as expertise, autonomy and accreditation mold the path of study. The assumptions raised demonstrate the institutional dependency of the physiotherapist practice to be accepted as a medical science and its posterior accreditation by the State even before a formal structure of education. The reasons that set up the movement of institutionalization and regulation of the profession are focused in encounters of physicians and nurses inside the hospital as well as in a socio-historical context permeated by the social need to establish a physiotherapist practice in São Paulo in 1930-1940. The research finishes by revealing that physiotherapy as a profession is consolidated by the creation of the technical course in physiotherapy, titled Raphael de Barros, leading the movement which was strengthened after the regulation of physiotherapy was established in 1969. The research opens up new possibilities for studies yearning to understand the physiotherapist practice from its historical plot / Mestrado / Ciências Sociais em Saúde / Mestre em Saude Coletiva

This doctoral thesis describes the formation, activities and dissolution of the Czech Society of Biotypology (1937-1959), herein used as an example of impact of the constitutional typology (human typology science) on the Czechoslovak medicine. Human constitution science (in French and Romance languages called biotypology) classifies individual human beings on the base of morphological and physiological characteristics, with particular emphasis on forecast of future trends. The core of the science focuses on correlation between the physical appearance of a person and his/her mental characteristics. The Czech Society of Biotypology (Česká společnost biotypologická - ČSB) was founded with ambitions not only to study human beings, but also to increase their potential. The whole movement was therefore conceived as an example of a sanitation scientific program in accordance with the governmental interest in rationalization of population care. The methodology of the thesis is based on Foucault's concept of biopower - change of power strategies and their constitutive influence on the development and change of social relations, values and individual strategies of persons. The story of formation and dissolution of ČSB is interpreted as a consequence of these changes. The core of the thesis consists of a...

Doctorat en sciences sociales, politiques et économiques / info:eu-repo/semantics/nonPublished

The outbreak of the Spanish Civil War in 1936 and the Second Sino-Japanese War in 1937 triggered many responses amongst the American public, including a number of private initiatives in medical aid that occupied a borderland between traditional humanitarian relief and political activism. This study is interested in the stories of three organisations arising in this tradition: the American Medical Bureau to Aid Spanish Democracy (AMBASD), the American Bureau for Medical Aid to China (ABMAC), and the China Aid Council (CAC). While three separate initiatives in terms of who was responsible for their creation in the United States, and the communities they sought to help abroad, all three demonstrate parallels in their foundation and development that merit a joint historical consideration. Emerging from the backdrop of isolationism in U.S. foreign policy, the AMBASD, ABMAC, and CAC became a means of voicing both political and humanitarian ideals through the medium of medicine. In many ways, this thesis becomes a study of lost causes. As political campaigns, none of the organisations in this study succeeded in changing U.S. policy, although the ABMAC and CAC benefitted from interests that overlapped with larger changes in U.S. military alliances. As humanitarian organisations, only one (the ABMAC) lived past the conflict to which it owed its foundation. Their story, however, retains its historical interest in challenging both the way in which we examine the mythology of humanitarian idealism, and our understanding of the balance between internationalism and isolationism in the 1930’s United States. For the medical activists of these organizations, medical aid offered both a tangible outlet for personal ethical and political beliefs, but also promised an alternative means of diplomacy that brought greater agency to more popular levels.

At the onset of the First World War, Germany was subject to a shipping embargo by the Allied forces. Ostensibly military in nature, the blockade prevented not only armaments but also food and fertilizers from entering Germany. The impact of this blockade on civilian populations has been debated ever since. Germans protested that the Allies had wielded hunger as a weapon against women and children with devastating results, a claim that was hotly denied by the Allies. The impact of what the Germans termed the 'Hungerblockade' on childhood nutrition can now be assessed using various anthropometric sources on school children, several of which are newly discovered. Statistical analysis reveals a grim truth: German children suffered severe malnutrition due to the blockade. Social class impacted risk of deprivation, with working-class children suffering the most. Surprisingly, they were the quickest to recover after the war. Their rescue was fuelled by massive food aid organized by the former enemies of Germany, and delivered cooperatively with both government and civil society. Children, and those who cared for them, responded to these acts of service with gratitude and joy. The ability of former belligerents to work together after an exceptionally bitter war to feed impoverished children may hold hope for the future.

This thesis explores some aspects of the cultural history of the railway during the latter half of the nineteenth century and the beginning of the twentieth. It argues that the railway was of central importance in creating and shaping Victorian attitudes to the machine and to mechanized civilization in a world increasingly dominated by large scale-technologies. In particular, it explores the significance of negative responses to the railway - fear, anxiety, nervousness, alarm, revulsion - in influencing a range of social, cultural and medical responses to the perceived degenerative threat of technological civilization. The four chapters of the thesis are organized so as to provide a progressive tightening of focus on particular aspects of the railway's significance in this context. The first, most wide-ranging, chapter explores the ways in which the Victorian railway was perceived as both an icon of progress and civilization and as a disruptive, threatening, destructive force. In particular, it seeks to establish the deep-rooted, enduring and influential nature of the fear and anxiety which the railway provoked. The second chapter is concerned with the railway journey as an experience, relating the ambivalence with which the railway was viewed to the journey as a sensory, physical and mental experience. The third chapter focuses on the accident as the most dramatic instance of the dangers of the railway, and relates its significance in contemporary culture to the wider context of the fears provoked by increasingly powerful and potentially destructive technologies. The fourth and final chapter explores the phenomenon of 'railway spine', the obscure nervous condition supposedly suffered by railway accident victims who had seemingly received no actual organic injury, but nonetheless displayed nervous, mental and physical symptoms of serious bodily disorder.