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1

Hwang, Autumn J. S., and J. Peter Fasse. "Current views on obviousness under US patent law." Industrial Biotechnology 6, no. 5 (October 2010): 264–67. http://dx.doi.org/10.1089/ind.2010.6.264.

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2

Sherman, Brad. "Patent Law in a Time of Change: Non-Obviousness and Biotechnology." Oxford Journal of Legal Studies 10, no. 2 (1990): 278–87. http://dx.doi.org/10.1093/ojls/10.2.278.

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3

Fernández, Fernando. "THE NON-OBVIOUSNESS REQUIREMENT IN THE CHILEAN PATENT LAW: A CRITICAL ASSESSMENT." Revista chilena de derecho 38, no. 3 (December 2011): 487–4510. http://dx.doi.org/10.4067/s0718-34372011000300004.

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4

Gendloff, Elie H. "The Evolving Obviousness Standard for Biotechnology and Pharmaceuticals in U.S. Patent Law." Biotechnology Law Report 29, no. 4 (August 2010): 381–86. http://dx.doi.org/10.1089/blr.2010.9945.

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5

Rose, Simone A. "Semiconductor Chips, Genes, and Stem Cells: New Wine for New Bottles?" American Journal of Law & Medicine 38, no. 1 (March 2012): 113–57. http://dx.doi.org/10.1177/009885881203800102.

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This Article analogizes early semiconductor technology and its surrounding economics with isolated genes, stem cells, and related bioproducts, and their surrounding economics, to make the case for sui generis (of its own class) intellectual property protection for isolated bioproducts. Just as early semiconductors failed to meet the patent social bargain requiring novelty and non-obviousness in the 1980s, isolated genes and stem cells currently fail to meet the patent bargain requirements of non-obviousness and eligible subject matter that entitle them to traditional intellectual property protection. Like early semiconductor chip designs, nevertheless, the high cost of upstream bioproduct research and development, coupled with the need to sustain continued economic growth of the biotechnology industry, mandates that Congress provide some level of exclusive rights to ensure continued funding for this research. Sui generis intellectual property protection for isolated bioproducts would preserve the incentive to continue innovation in the field. As illustrated by the semiconductor industry, however, such sui generis protection for this technology must include limitations that address the need to provide an appropriate level of public access to facilitate downstream product development and enrich the public domain.
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Holman, Christopher M. "The Federal Circuit's Ongoing Expansion of Obviousness-Type Double Patenting Creates Patent Prosecution Pitfalls." Biotechnology Law Report 33, no. 3 (June 2014): 94–97. http://dx.doi.org/10.1089/blr.2014.9984.

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7

Hemphill, Thomas A. "The telecommunication and information industries: US patent policy and the criterion of non-obviousness." Telematics and Informatics 26, no. 1 (February 2009): 2–11. http://dx.doi.org/10.1016/j.tele.2007.10.001.

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8

Burdon, Michael, James Armstrong, Catherine Katzka, and Jade MacIntyre. "House of Lords Provides Guidance on the Law of Obviousness in Patent Actions; Increased Opportunities to Obtain Supplementary Protection Certificates for Combinations of Active Ingredients; Patent for DNA and Protein Sequence Invalid Due to Lack of Industrial Application." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 6, no. 1 (November 2008): 67–72. http://dx.doi.org/10.1057/jgm.2008.29.

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9

Feit, Irving N. "{BLR 2293} Obviousness - Sequence Patents." Biotechnology Law Report 15, no. 4 (July 1996): 569–73. http://dx.doi.org/10.1089/blr.1996.15.569.

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10

Novoselova, Ludmila A., and Arina S. Vorozhevich. "EXCLUSIVE RIGHTS TO THE GENE ENGINEERING’S RESULTS: RUSSIAN AND FOREIGN EXPERIENCE." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 174–90. http://dx.doi.org/10.17223/22253513/39/14.

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Well-balanced patent regulation is an important factor in the effective development of the biotechnology market. The possibility of establishing exclusive rights over the results of genetic research, including isolated genes and gene-based diagnostics, has been the subject of heated debate all over the world. Nevertheless, a unified approach to regulating these matters has not yet emerged. For example, in the US and India, patenting of isolated natural genes and diagnostic methods based on them is not permitted at all. Only synthetic genes and modified sequences are patentable. The EU and the UK generally allow such objects to be patented, but impose additional requirements. In China, diagnostic methods are generally not considered to be patentable, yet particular substances and instruments used for diagnosis may be recognised as protectable subjects. A cautious approach to the admissibility of patent protection for the results of genetic research is reflected, for example, in the requirement to provide additional data in order to prove that the solutions do meet the criteria of industrial applicability and non-obviousness. In countries which allow the patenting of a gene sequence (or a partial gene sequence with the structure identical to that of a naturally occurring one) as a substance, the law nevertheless mandates that the industrial application of such a sequence must be clearly indicated; it is also required that the patent application contains the information on the field for which the industrial application is specifically described. An unambiguous approach to biotechnology patenting has not yet emerged in the Russian legal sphere. Russian Civil Code does not directly prohibit the patenting of genes, gene-based therapies and diagnostics. Basic principles and approaches to the patenting of genetic engi-neering results and the protection of exclusive rights to them, including: the criteria for distin-guishing patentable and unpatentable results of genetic research, the limits of exclusive rights and the conditions for a compulsory license issuance have not yet been fully developed and introduced into the Russian legal framework and regulatory enforcement practice. The regulation is carried out at the level of by-laws: in accordance with the Rospatent Guidelines for Examination of Applications for Inventions, the approach used in the assess-ment of inventions relating to the field of biotechnology is the same as the one employed for inventions relating to other fields of science and technology. Given the potential importance of the biotechnology for the further progress in science and technology, these matters should be regulated at the Civil Code level. We propose that a broad public debate be held concerning 1) the principles for the regulation of these matters 2) the possibility of patenting, and 3) the extent of the exclusive rights of rightholders.
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11

Leuenberger-Fisher, Melissa R. "Health Care Business Method Patents: Prior Art, Secrecy, and Secondary Indicia of Obviousness." Biotechnology Law Report 24, no. 2 (April 2005): 149–67. http://dx.doi.org/10.1089/blr.2005.24.149.

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12

Lief, Jason, and Peter Schuyler. "Pharmaceutical patents after KSR: What is not obvious?" Journal of Commercial Biotechnology 15, no. 1 (January 1, 2009). http://dx.doi.org/10.5912/jcb270.

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The Supreme Court recently revisited the question of patent validity based upon obviousness in KSR Int'l v Teleflex, Inc. The court rejected the Federal Circuit's rigid application of the ‘Teaching, Suggestion, Motivation’ test in determining the obviousness of patent claims, and reasserted its precedent regarding obviousness, beginning with the seminal 1852 HotchKiss decision. The decision arguably makes it easier to invalidate patents for obviousness. This paper analyzes the effect of KSR on the state of the law concerning the obviousness of pharmaceutical and biotechnology patents in the Federal Circuit and District Courts.
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13

Sarnoff, Joshua D. "Bilcare, KSR, Presumptions of Validity, Preliminary Relief, and Obviousness in Patent Law." SSRN Electronic Journal, 2007. http://dx.doi.org/10.2139/ssrn.1006119.

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14

Lee, Erick S. "Price Fix Away?: Does the Supreme Court’s Decision in Leegin Creative Leather Products Strengthen the Ability of Businesses to Engage in Vertical Price Restraints with Impunity?" Pittsburgh Journal of Technology Law and Policy 8 (April 1, 2008). http://dx.doi.org/10.5195/tlp.2008.36.

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The United States Supreme Court in recent years has taken an increased interest in patent law, making a number of key decisions in the areas of injunctions1, licensing2, patentable subject matter3, and the standards of determining obviousness.4 In the current 2007-2008 term, the Court has already granted certiorari to consider the boundaries of the patent exhaustion doctrine; a case closely watched by legal commentators and observers.5 The Court's attention has also been drawn to the intersection of intellectual property law and antitrust law, with two cases in that legal realm having been recently decided. In Illinois Tool Works v. Independent Ink, the Court considered whether the presumption that patent owners have market power in the subject matter of their patents is "applicable in the antitrust context when a seller conditions its sale of a patented product . . . on the purchase of a second product."6
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15

"{BLR 2131} Board of Patent Appeals and Interferences - Exparte Revel - Interferon - Obviousness." Biotechnology Law Report 14, no. 6 (November 1995): 982. http://dx.doi.org/10.1089/blr.1995.14.982.

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16

"Looking at Patent Law: Patenting a Trivalent Chromium Plating Invention: Obviousness Rejections – Not So Obvious." Electrochemical Society Interface 29, no. 3 (September 25, 2020): 33–38. http://dx.doi.org/10.1149/2.f04203if.

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17

Gurgula (Ph.D., LLM), Dr Olga. "AI-assisted inventions in the field of drug discovery: readjusting the obviousness analysis." International Journal of Social Science and Public Policy, August 31, 2020, 7–21. http://dx.doi.org/10.33642/ijsspp.v2n8p2.

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Artificial intelligence (‘AI’) is increasingly applied at all stages of drug discovery. While AI has the potential to boost innovation, it also raises many important ethical, social, political, and legal issues. Among the latter are the challenges that AI poses for the patent system. With the rapid evolution of AI technologies and the increase in their computational power, the process of inventing has undergone substantial changes. As AI significantly expands human capabilities, inventions that were previously the result of human ingenuity, perseverance or serendipity can now be achieved by routine experimentations with the use of AI. This article argues, therefore, that the patent law approaches that were developed to assess human-generated inventions are not suitable for AI-assisted inventions and requires urgent reconsideration. It will explain that the proper test for the obviousness assessment needs to take into account the advancement of AI technology and will provide suggestions on how the analysis can be modified.
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18

"New Developments in Obviousness-Type Double Patenting; Should Sun v. Lilly Be Reheard en Banc?; Glaxo Says Genentech Is Infringing Antibody-Purification Patents; Two Generic Drug Makers Sue Each Other; Docetaxel Patents Invalid for Obviousness; CAFC Allows Suit of Teva Against Eisai to Go Forward; Japanese Patent Application Found Deficient; Rights to Human Fibroblast Interferon at Stake." Biotechnology Law Report 30, no. 1 (February 2011): 81–84. http://dx.doi.org/10.1089/blr.2011.9990.

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19

"Ablynx Succeeds in Opposition to GlaxoSmithKline Patent; Obviousness Question Requires Review; Nucleic Acid Detection Claims Are Invalid; Genetic Technologies Sues Several Companies for Infringement; State Courts Do Not Have Jurisdiction in Trade Secret Cases; Bayer, Novartis Settle Hemophilia Treatment Litigation." Biotechnology Law Report 29, no. 2 (April 2010): 183–86. http://dx.doi.org/10.1089/blr.2010.9964.

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20

"Double Patenting and Process Patents; Apparently, Oxford, U.K., Is Not in California; When Does the Two-Way Test for Obviousness Apply?; Illumina Sues for Infringement of Analytical Technology Patent; Ruling in Favor of Affymetrix Overturned; Abbott Ordered to Pay $1.67 Billion; BASF Sues Pioneer Hi-Bred for Unlawful Use of Technology; DuPont Countersues Monsanto; Beckman, Orchid, and Sequenom Suit Dropped." Biotechnology Law Report 28, no. 4 (August 2009): 517–23. http://dx.doi.org/10.1089/blr.2009.9920.

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21

Dhulap, Sivakami, and M. G. Kulkarni. "Avoiding hindsight in non-obviousness determination: case law review of pharmaceutical patents and guidance from the KSR v Teleflex decision." Expert Opinion on Therapeutic Patents, May 26, 2021, 1–13. http://dx.doi.org/10.1080/13543776.2021.1931121.

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22

Laba, Martin. "Culture as Action." M/C Journal 3, no. 2 (May 1, 2000). http://dx.doi.org/10.5204/mcj.1837.

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Culture is a mercurial concept -- volatile, contested, and somehow, less than the sum of its parts. Its anthropology, it can be argued, was rooted in an exoticising scholarship typical of the late 19th-century colonialist ruminations on all things "other"; in contemporary terms of course, this exoticising tendency would be termed, as it should, "Orientalist". Still, there is something more than merely residual in the persistence of a notion of culture as a summary, as a package of knowledge and practice, as a name for identity, or even politics, all of which draw clearly from the well of Edward B. Tylor's bold attempt to terminologically and conceptually capture "the most complex whole", a people's entire way of life (albeit non-white, non-literate, non-western people) from what we can trust were the considerable comforts of his armchair. This Tylorean notion of culture, as Clifford Geertz once suggested, leads to a "conceptual morass" that "obscures a great deal more than it reveals" (4). Another definitional foundation of culture for consideration is the philosophical tradition of German Idealism. Culture as a process of aesthetic education was for Friedrich Schiller a means of progressing from a state of nature to a state of reason without the destruction of nature. Schiller offered a critique of Kant's account of the development of reason (the achievement of the state of rationality as key to the education and progress of humanity) as necessarily predicated on the containment and ultimately, the destruction of nature (against the chaos and moral abyss that is nature). Schiller argued for the capacity of art to infuse nature with morality, to serve as an intermediary of sorts, between chaotic nature and the structures of pure reason. It is the cultivation of moral character -- Bildung -- that is the foundation of this capacity, and that defines the nature and purpose of "culture" as a process of aesthetic education. There were two influential trajectories that seem inspired by this philosophical source. First, there was an important sense from the German Idealists that culture was a determining principle of nation (the nation-state is achieved through Bildung, through cultivation), and accordingly, culture was understood as the source of nationhood. Second, culture took on the sense of moral authority, an Arnoldian equation of culture with high culture and a concomitant mistrust of all things democratic and popular, which debase and ultimately threaten the authority of high culture. Raymond Williams's reinterpretation of culture merits attention because of its departure from previous traditions of defining culture, and because it is a useful foundation for the view of culture proposed later in this discussion. Williams offered a detailed historical analysis of the reasons for the under-theorisation of the British labour movement, and the glaring dislocation of the English proletariat from the ideas, the concepts, the political theory of capitalism. Actual working classes in Britain, the "lived culture" of workers, fit neither into broad political theoretical currents, nor into an examination of workers as elements in a historical process -- this lived culture defied the embrace of political analysis. Williams argued for a more anthropological view of culture, and decisively shifted the concept away from the British literary-cultural tradition, away from Arnold's "high culture", to a view of culture as a whole way of life, and open to the vision and the possibilities of social integration, popular classes, and popular struggles in ordinary, everyday life. Williams argued compellingly for the "ordinariness" of culture. As Bill Readings notes, "Williams's insistence that culture is ordinary was a refusal to ignore the actual working classes in favor of the liberated proletarians who were to be their successors after the revolution" (92). In this sense, culture confounds political theory -- or to stretch the point, culture confounds systematic theorising. In a similar vein, and in a classic of anthropological inquiry, Clifford Geertz argued that the analysis of culture was "not an experimental science in search of law, but an interpretive one in search of meaning" (4). Such an "interpretive" project demands above all, that that the analyst is also a participant in a dimension of the culture she/he is describing. I want to consider two of Geertz's assertions in his interpretive theory of culture to frame my proposal for a concept of culture-as-action. Geertz maintained that cultural analysis is guesswork rather than systematic theorising, which he regarded as a manipulation or reconstruction of reality through analytical practices in search of elegant schemata. Cultural analysis is "guessing at meanings, assessing the guesses, and drawing explanatory conclusions from the better guesses, not discovering the Continent of Meaning and mapping out its bodiless landscape" (20). Clearly, Geertz trained his critical sights on anthropological trends to extrapolate from material data singularly coherent, even symmetrical systems, orders, properties, and universals in a method that wants to imitate, but is not science. Interpretation resists scientism. In a second assertion, Geertz argued that any sustained symbolic action -- the stuff of culture -- is "saying something of something" (448-53). While this assertion appears disarmingly simple, it is profound in its implications. It points to the possibility that cultural analysis, if it is to grasp and interpret layered, textured, and often thoroughly complex significations, must attend to "semantics" rather than "mechanics"; the representation of the substance of culture, its symbolic expressive forms and its unfolding action, rather than the insinuation, or even the bold declaration of systems and formulas, however elegant, of cultural patterns and process. The concern in interpretation -- a form of representation -- is that "a good interpretation of anything -- a poem, a person, a history, a ritual, an institution, a society -- takes us into the heart of that of which it is the interpretation" (18). To describe culture is to attend to action -- actual and resonant -- and such descriptions representations have responsibility; specifically, they must seek to grasp and portray social discourse and its possible meanings in ways that allow symbolic action -- the vocabulary of culture -- to speak on its own behalf. We arrived back in Lahore after a day's journey by jeep over the bone-dry and dusty roads of rural Punjab. The air was a toxic soup, and the heat was crushing, as it always is in Pakistan in monsoon season. The interior of the vehicle was an oven, and I was feeling sealed and cooked, even with all the windows open. My friend and driver, Ashicksahib and I were soaked with sweat from the journey, and we were eager to finally get out of the jeep as we pulled into the city in the late afternoon. I had been through a half dozen bottles of water, but I still felt dizzy with dehydration. I knew that this day was the celebration of Mohammed's birthday, and while I expected many people on the streets, I was unprepared for the magnitude of the event that was taking place. The crowds consumed us. We crawled along until we couldn't continue. The jeep had to stop as the sea of celebrants became denser and denser inside the city, and Ashicksahib shrugged his massive shoulders, smiled at me from under his thick white moustache, wiped his neck with a sodden cloth, and said in Urdu, "That's it, we cannot move, there's nowhere for us to go. We must be patient." I had never seen this much humanity gathered in a single place before. There were only boys and men of course, thousands and thousands of them moving along in joyous procession -- on foot, piled on platforms of flatbed trucks, stuffed into rickshaws, two or three sharing scooters and bicycles. The usual animal multitudes -- herds of water buffalo, goats, some camels, the ubiquitous miserable and thread- bare donkeys with their carts -- all stood passively in the midst of the chaos, too exhausted or too confused to register any instinctive response. Blasting loudspeakers competed from a hundred different directions, chants and patriotic music, prayers and devotional declarations, the staccato delivery of fundamentalist pedagogy and the improvised reveries of individuals with small bullhorns. The soft drink vendors shouted to the crowds to make way as they spun their carts around over and over again, and darted off into fray. I brought out my camera, and because the noise was deafening, I mimed to Ashicksahib my intention to take some photos from the roof of the jeep. He motioned with an affirmative sweep of his hand and the typical and essential south Asian head roll, and I pried open the door and squeezed out against the celebrants pressed up to the side of the jeep. I hoisted myself onto the roof and sat cross-legged to steady myself for some wide- angle shots of the celebrations. I had some concern over my obviousness -- white and western -- but everyone who saw me shouted greetings in Urdu or Punjabi, waved and smiled, and young boys ran up very close to the jeep to see what I was up to. I heard Ashicksahib laughing, and all seemed safe -- until the squadrons of Sunni fundamentalists caught sight of me as their trucks crawled by in a formation that seemed remarkably disciplined and militaristic in the direct contrast to the emotionalism and formlessness of the event. Like the wave in a sports stadium, the young men stood up one by one on the back of the trucks, their green turbans cut into the indefinite wash of a grey, polluted sky, their eyes searching until they fixed on me, now exposed and vulnerable on the roof of the jeep. And quickly they leapt from their trucks like a SWAT team responding crisply to a crisis, precise and efficient, jaws clenched, cocked for action. I saw them first through the lens of my camera, and uttered an expletive or two appropriate to the situation. I knew I was in trouble, and clearly, I had nowhere to go. The turbans formed a green ribbon winding through the mass. As they approached, the eyes of the militants were trained on me with the focus of a predator about to take down its prey. I slipped back into the jeep through the window, and motioned for Ashicksahib to look over the crowd and see the slow and steady movement of the green turbans toward us. His smile vanished instantly, and he readied himself for confrontation. When the first militant reached the jeep's window, Ashicksahib's entire body was taut and urgent, like a finger twitching on the trigger of a pistol. "American! American! No photo! No photo!" The leader of the group shouted at me in English and began to bang the side of the jeep. Ten or twelve young men, eyes flaring under their turbans, screamed at me and joined in the assault on the jeep. Ashicksahib had waited for a particular moment, it occurred to me later, a certain point in the rising arc of tension and emotion. He opened his door, but did not leave the jeep. Instead he stood on the step on the driver's side, half in and half out, slowly unfurled his considerable frame to its full height, and began his verbal assault. He stood on his perch above the action and in a play of passions, he shouted his opponents into submission. There were a few physical sorties by the militants, attempts to kick the door of the jeep into Ashicksahib, but these were displays, and Ashicksahib kicked back only once. And suddenly they wavered, an erosion of spirit evidenced in their eyes, a bending to the force roaring above them. They gave up their attempts to grab my camera, to gain entry to the jeep, and with a swift gesture of his hand, the leader called his small army into retreat. This same festival that mobilised great masses of people in celebration, that enacted the inextricableness of nationalist and Pakistani Muslim commitment and identity, that on the surface appeared to articulate and demonstrate a collective belief and purpose, also dramatised conflictive divisions and the diverse interpretations of what it means to be a Pakistani, a Muslim, a Punjabi, an Indus person, a Lahori, a poor person, a person of means, and numerous other identities at stake. As an obvious westerner in the midst of the event, I was variously ignored, warmly greeted as a friendly foreigner, or accosted as an unwelcome interloper, each interaction unfolding within a broader and deeper passionate ritual which for some meant play and celebration, and for others meant a serious and forceful demonstration of affiliation, faith, and nationalism. I had been working in both village and urban contexts on issues and strategies around communication/education and advocacy with South Asia Partnership-Pakistan, a non-government organisation based in Lahore that was engaged in front-line work for social change. The organisation was driven by the pursuit of the principles of civil society, and on a daily basis, it contended with the brutal contradictions to those principles. Its work was carried out against a bulwark of poverty and fundamentalism that seemed impenetrable, and this moment of imminent confrontation resonated with the complex historical, cultural, and political dynamics of identity, religion, nationalism, colonialism, and a seething cauldron of south Asian geopolitics. As Paulo Freire argued that world views are manifested in actions that offer insight into broader and prevailing social and political conditions, so Geertz maintained that societies "contain their own interpretations". This was not essentialism -- there were none of the conceits or romanticism of essentialist readings of the commonplace as encapsulated social and political axioms. Rather, these views were a call for analytical honesty, a participatory and political dimension to cultural analysis that works to gain some access to these "interpretations" by encountering and apprehending culture in forms of action. Cultural analysis becomes a kind of trial-by-fire, a description from a viewpoint of participatory engagement. By "participatory", I mean everything that the bloodlessness and obfuscation of so much of Cultural Studies is not -- an actual stake in action and consequence in a real world of politics. The interpretation of culture is valuable when it attends to action rather than theoretical insinuation; to cultural volatility and contingency, and the broad determinants of social discourse rather than schemata and structure as critical ends. Interpretation has a participatory dimension -- an involvement, an engagement with culture described and interpreted -- which eschews the privilege of theory unimpeded by empirical evidence. References Freire, Paulo. Pedagogy of the Oppressed. Harmondsworth. Penguin, 1972. Geertz, Clifford. The Interpretation of Cultures. New York: Basic Books, 1973. Readings, Bill. The University in Ruins. Cambridge: Harvard UP, 1996. Schiller, Friedrich. Notes on the Aesthetic Education of Man. Trans. E.M. Wilkinson and L.A. Willoughby. Oxford: Clarendon Press, 1967. Tylor, Edward B. Primitive Culture: Researches into the Development of Mythology, Philosophy, Religion, Language, Art and Customes. 2 vol. New York: Henry Holt, 1877. Williams, Raymond. "Culture is Ordinary". Resources of Hope: Culture, Democracy, Socialism. Ed. Robin Gable. London: Verso, 1989. Citation reference for this article MLA style: Martin Laba. "Culture as Action." M/C: A Journal of Media and Culture 3.2 (2000). [your date of access] <http://www.api- network.com/mc/0005/action.php>. Chicago style: Martin Laba, "Culture as Action," M/C: A Journal of Media and Culture 3, no. 2 (2000), <http://www.api-network.com/mc/0005/action.php> ([your date of access]). APA style: Martin Laba. (2000) Culture as action. M/C: A Journal of Media and Culture 3(2). <http://www.api-network.com/mc/0005/action.php> ([your date of access]).
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