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SCIENCE, COLONIALISM, AND INDIGENOUS PEOPLES

At the intersection of indigenous studies, science studies, and legal studies

lies a tense web of political issues of vital concern for the survival of indige-
nous nations. Numerous historians of science have documented the vital role
of late-eighteenth- and nineteenth-century science as a part of statecraft, a
means of extending empire. This book follows imperialism into the present,
demonstrating how pursuit of knowledge of the natural world impacts, and is
impacted by, indigenous peoples rather than nation-states.
In extractive biocolonialism, the valued genetic resources and associated
agricultural and medicinal knowledge of indigenous peoples are sought,
legally converted into private intellectual property, transformed into commodi-
ties, and then placed for sale in genetic marketplaces. Science, Colonialism,
and Indigenous Peoples critically examines these developments, demonstrating
how contemporary relations between indigenous and western knowledge sys-
tems continue to be shaped by the dynamics of power, the politics of property,
and the apologetics of law.

Laurelyn Whitt received a Ph.D. in Philosophy, with a specialization in Phi-

losophy of Science, from the University of Western Ontario. She teaches
Native Studies and Philosophy at Brandon University and has held visiting
appointments in the Department of Maori Studies, University of Auckland;
the Department of Science and Technology Studies, Cornell University; the
University of Notre Dame Law School; and Osgoode Hall Law School. Profes-
sor Whitt is the coauthor (with Alan W. Clarke) of The Bitter Fruit of American
Justice and the author of Interstices, a collection of poetry that won the 2005
Holland Poetry Prize.
Science, Colonialism, and
Indigenous Peoples
THE CULTURAL POLITICS OF LAW
AND KNOWLEDGE

Laurelyn Whitt
Brandon University
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore,
São Paulo, Delhi, Dubai, Tokyo

Cambridge University Press

The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

www.cambridge.org
Information on this title: www.cambridge.org/9780521119535
© Laurelyn Whitt 2009

This publication is in copyright. Subject to statutory exception and to the

provision of relevant collective licensing agreements, no reproduction of any part
may take place without the written permission of Cambridge University Press.
First published in print format 2009

ISBN-13 978-0-511-65156-4 eBook (NetLibrary)

ISBN-13 978-0-521-11953-5 Hardback

Cambridge University Press has no responsibility for the persistence or accuracy

of urls for external or third-party internet websites referred to in this publication,
and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
This book is dedicated to Waerete Norman.

E te hoa o ngä wähine whänui o te ao,

takoto mai rä i tö waka o te mate.

E te karanga maha,
e te kaipupuri i te mana wahine o te Tai Tokerau,
moe mai rä i waenga i ngä koiwi o öu mätua, tüpuna.

Ka tangi tonu atu rä mö te rironga horo atu,

kähore nei i tatari kia rongo anö
i te tangi a te pı̈pı̈wharauroa o te koanga,
i te tangi a te tätarakihi o te raumati.

Kua moe rä to tinana,

kua whakangaro atu to wairua ki tua o Te Arai,
ki tua atu o Te Reinga,
ki Hawaiki wairua.

Takoto mai rä, moea te moenga roa e Waireti,

te moenga të whakaarahia.

Pai märire.
– Patu Hohepa
 The dream of reason did not take power into account.
– Paul Starr1

1 Paul Starr, The Social Transformation of American Medicine (New York: Basic Books, 1982): 3.
Contents

Preface page ix
Acknowledgments xi
First Words xiii

PART I. BIOCOLONIALISM AS IMPERIAL SCIENCE 1

1 Imperialism Then and Now 3
2 Indigenous Knowledge, Power, and Responsibility 29
3 Value-Neutrality and Value-Bifurcation: The Cultural
Politics of Science 57

PART II. THE HUMAN GENOME DIVERSITY PROJECT: A CASE STUDY 81

4 The Rhetoric of Research Justification 84
5 Indigenist Critiques of Biocolonialism 105

PART III. LEGITIMATION: THE RULE AND ROLE OF LAW 133

6 The Commodification of Knowledge 136
7 Intellectual Property Rights as Means and Mechanism
of Imperialism 157
8 Transforming Sovereignties 179
Conclusion – The Politics of Knowledge: Resistance
and Recovery 219

Bibliography 225
Index 255

vii
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Preface

Since this book began many years ago, many lives have passed through
mine and so through it. Before this book began, many others brought me to
it. All of these are still with me, though some only in memory. Gratefulness
is not enough, but it is what I have; I offer it now.
To my parents, and theirs, and theirs before them.
To my spouse and friend, Alan Clarke, for the gift of his good heart and
strong mind.
To my coauthors – Waerete Norman, Mere Roberts, Vicki Grieves, and
Jennifer Daryl Slack – who have generously allowed me to borrow from
our work together here.
To my elders, mentors, and teachers – especially Bev and Adam Lussier,
Sa’ke’j Youngblood Henderson, and Iris Marion Young – for supporting
and believing in me.
To my colleague and friend, Scott Abbott, who quietly, graciously, and
selflessly, makes so much possible.
To those who lent strength, advice, and encouragement, in various
forms, along the way, especially Wade Chambers, Don Grinde, Dale
Jamieson, David Lyons, Thomas Norton-Smith, Scott Pratt, Marilyn
Vogler, and Kari Winter.
To my research assistant – Asdaadooitsada (Camille Begay Benally) –
who worked on references, and told me stories, while the children
slept.
To Elspeth Pope, for the shelter of the northwoods, and her indexing
advice.
To Patu Hohepa, for the lovely poroporoaki in honor of Waerete.

ix
x Preface

To Lawrence Paul Yuxweluptun, for the politics in his art and the art in
his politics, and especially for the use of “Red Man Watching White Man
Trying to Fix Hole in Sky.”
And to all the four-legged companions who have found their way to me
and enriched my life. Yakoke.
Finally, various institutions extended fellowships, grants, and visiting
appointments that enabled me to do the research needed to bring this
book to completion. These include the George A. and Eliza Howard
Foundation; the University of Auckland Foundation and the Department
of Maori Studies; the Humanities Research Centre of the Australian
National University; the Research School of Social Sciences at the
Australian National University; Michigan Technological University; Utah
Valley University; Cornell University and the Department of Science
and Technology Studies; the University of Notre Dame Law School; and
Osgoode Hall Law School.
Acknowledgments

Parts of this book have appeared, sometimes with updated research and
revisions, in the articles listed below. In addition, several of these articles list
coauthors (Waerete Norman, Mere Roberts, Vicki Grieves, and Jennifer
Daryl Slack), who have kindly agreed to their use in this book. Their
contributions are gratefully acknowledged.

Laurelyn Whitt, “Knowledge Systems of Indigenous America,” in

Helaine Selin (ed.), Encyclopaedia of the History of Science,
Technology and Medicine in Non-Western Cultures (Dordrecht, The
Netherlands: Kluwer Academic Publishers, 2008): 1184–94.
Laurie Anne Whitt, “Sovereignty and Human Rights,” National Lawyers’
Guild Practitioner, 60:3 (Spring 2003): 90–4.
Laurie Anne Whitt, Mere Roberts, Waerete Norman, and Vicki Grieves,
“Belonging to Land: Indigenous Knowledge Systems and the Natural
World,” Oklahoma City University Law Review, 26:2 (2001): 701–43.
Laurie Anne Whitt, Mere Roberts, Waerete Norman, and Vicki Grieves,
“Indigenous Perspectives,” in Dale Jamieson (ed.), A Companion to
Environmental Philosophy (Oxford, UK: Basil Blackwell, 2000): 3–20.
Laurie Anne Whitt, “Value-Bifurcation in Bioscience: The Rhetoric of
Research Justification,” Perspectives on Science: Historical,
Philosophical, Social, 7:4 (1999): 413–46.
Laurie Anne Whitt, “Metaphor and Power in Indigenous and Western
Knowledge Systems,” in Darrell Posey (ed.), Cultural and Spiritual
Values of Biodiversity (A Complementary Contribution to the Global
Biodiversity Assessment for the United Nations Environmental

xi
xii Acknowledgments

Programme) (London, UK: Intermediate Technology Publications,

1999): 69–72.
Laurie Anne Whitt, “Indigenous Peoples, Intellectual Property Law and
the New Imperial Science,” Oklahoma City University Law Review,
23:1 & 2 (1998): 211–59.
Laurie Anne Whitt, “Resisting Value-Bifurcation: Indigenist Critiques of
the Human Genome Diversity Project,”in Ann Ferguson and Bat Ami
Bar-On (eds.), Daring To Be Good: Feminist Essays in Ethico-Politics
(Oxford, UK: Routledge, Chapman and Hall, 1998): 70–86.
Laurie Anne Whitt, “Biocolonialism and the Commodification of
Knowledge,” Science as Culture, 7:1 (1998): 33–67.
Laurie Anne Whitt, “Cultural Imperialism and the Marketing of Native
America,” Reprinted from The American Indian Culture and Research
Journal, Volume 19, Number 3 (1995): 1–31, by permission of the
American Indian Studies Center, UCLA © Regents of the University of
California.
Laurie Anne Whitt, “Indigenous Peoples and the Cultural Politics of
Knowledge,” in Michael Green (ed.), Issues in American Indian
Cultural Identity (New York: Peter Lang, 1995): 223–71.
Laurie Anne Whitt and Jennifer Daryl Slack, “Communities,
Environments, and Cultural Studies,” Cultural Studies, 8:1 (January
1994): 5–31. The Web site for Cultural Studies is
http://informaworld.com.
First Words

This book speaks to political issues that lie at the intersection of indige-
nous studies, science studies, and legal studies, focusing in particular on
the role of power in shaping the interaction of indigenous and western
knowledge systems. Pursuit of knowledge of the natural world has long
been politicized. In some cases this has been subdued, a matter of inflec-
tion; in others it has been more pronounced, a dominant and dominating
agenda for research. The vital role of science as a part of statecraft has
been underscored by numerous historians of science,1 who, in the latter
part of the twentieth century, began to document the “issues of cultural
and economic domination involved in the pursuit of natural knowledge.”2
The rule of law, they argue, was identified with the scientific method and
became, for the West, a vital means of extending empire.3 The conduct

1 See, especially, Nathan Reingold and Marc Rothenberg (eds.), Scientific Colonialism (Wash-
ington, DC: Smithsonian Press, 1987); Roy MacLeod and Philip F. Rehbock (eds.), Nature
in Its Greatest Extent: Western Science in the Pacific (Honolulu, Hawaii: University of Hawaii
Press, 1988); Roy MacLeod, “Reading the Discourse of Colonial Science,” in Patrick Petitjean
(ed.), Les Sciences Coloniales: Figures et Institutions (Paris: ORSTOM, 1996): 87–96; Roy
MacLeod, “On Science and Colonialism,” Science and Society in Ireland: The Social Context
of Science and Technology in Ireland, 1800–1950 (Belfast: Queen’s University, 1997) 1–17; Roy
MacLeod, “On Visiting the ‘Moving Metropolis’: Reflections on the Architecture of Imperial
Science,” Historical Records of Australian Science, 5 (1982): 1–16; David Wade Chambers,
“Locality and Science: Myths of Centre and Periphery,” in A. Lafuents, A. Elena, and M.L.
Ortega (eds.), Mundializacı́on de la cencia y cultura nacional (Madrid: Ediciones Doce Calles,
1993): 605–17; David Wade Chambers, “Does Distance Tyrannize Science?” in R. W. Home
and S. K. Kohlstedt (eds.), International Science and National Scientific Identity (Dordrecht,
The Netherlands: Kluwer Academic Publishers, 1991): 19–38.
2 MacLeod, “On Visiting,” 14.
3 As Roy MacLeod notes: “If imperial unity was the desired end, scientific unity was the one
universally acceptable means . . . Scientific method would . . . unite empire, in unity of truth,
of tradition and of leadership” (Ibid., 12).

xiii
xiv First Words

of imperial science by nation-states during the late eighteenth and nine-

teenth centuries, and its effect upon other nation-states, has led historians
of science to conclude that the issue is no longer science in imperial history
but science as imperial history.4
My concern here is with the continuation of one strand of that history
into the present, with how a new imperial science impacts, and is impacted
by, indigenous peoples rather than nation-states. Certain areas of contem-
porary bioscience, currently in the service of western pharmaceutical and
agricultural industries, are enabling the appropriation of indigenous knowl-
edge and genetic resources at a prodigious and escalating rate. Opposition
to such biocolonialism has not only been vigorous, but international in
scope. My aim is to further and deepen such resistance by demonstrating
how biocolonialism arises from the ideology, the policies, and the practices
of a new imperial science, marked by the confluence of science with cap-
italism – a relationship mediated by a distinctively American, increasingly
international, intellectual property system.
The political role of imperial science – the ways in which it supports and
sustains the complex system of practices that constitutes the oppression
of indigenous peoples – figures prominently in indigenist critiques of
biocolonialism.5 These critiques directly challenge the ideology which
sustains and provides the justificatory rhetoric for the policies and practices
of certain areas of western bioscience. Reflecting its origins, this ideology is
described in Part I as neopositivist. It relies heavily upon both assertions and
assumptions of value-neutrality, wields an untenable distinction between
pure and applied science, and readily and unreflectively engages in value-
bifurcation, demarcating and separating the ethical from the political.
The result is an apolitical ethics of science, where issues of power
in ethics are either overlooked altogether or are diverted. It has also in
some cases produced an amoral politics of science, as well as a focus
on science “policy” rather than on the politics of science. Talk of how
politics and power enter into the origins and development of science, into

4 Ibid., 2.
5 Indigenism critiques the diverse power relations and dynamics that facilitate and maintain
the oppression of indigenous peoples. It stresses the existence, effectiveness, and potential of
indigenous agency in resisting oppression and in formulating concrete proposals for securing
justice.
First Words xv

scientific knowledge production is effectively silenced, and the rhetorical

props for legitimating biocolonialism are set in place. Part II looks closely
at the operation of this neopositivist ideology, offering a case study of a
recent biocolonialist research program – the Human Genome Diversity
Project.
Part III takes up at greater length the pivotal role played by the rule of
law, and specifically of U.S. intellectual property law, in this story. The
latter enables, and provides a patina of justification for, scientific policies
and practices that, directly or indirectly, service the needs of powerful cor-
porations. The microworld “factories” of the new imperial science have
become crucial outposts in the establishment of an international intellec-
tual property rights regime primed to serve the interests of biocolonialism.
The hope of ending such practices rests in part upon our ability to move
past current oppressive, and well-entrenched, understandings of sovereign
power. Indigenous responses to biocolonialism include efforts to transform
the concept and practice of sovereignty. These are, as we will see, helping
to unify and transform indigenous communities politically.
Some vexing terminological and conceptual issues will remain sub-
merged in my discussion of these matters. I will, for example, often con-
trast indigenous with western knowledge systems, especially in Part I. To
speak of a knowledge system is to abandon the idea that a single epis-
temology is universally shared by, or applicable to, all humans insofar
as they are human.6 It facilitates instead a cultural parsing of the con-
cept of epistemology, suitable to the heterogeneity of knowledge. There
are specific epistemologies that belong to culturally distinctive ways of
knowing.7
There are multiple ways of comparing and contrasting knowledge sys-
tems. My own preference for western and indigenous, or alternatively, dom-
inant and subordinated, as terms of contrast is a political one; it is responsive
to the role of power within, and the power differential among, knowledge

6 I do not defend my adoption of this term here, but note that my use of it is itself at odds with
the view of knowledge within the dominant knowledge system. Many who accept that system
will insist on an extended defense. I will disappoint them here.
7 For further discussion of characteristics of knowledge systems, see Stephen A. Marglin,
“Toward the Decolonization of the Mind” and “Losing Touch,” in Frédérique Apffel Mar-
glin and Stephen Marglin (eds.), Dominating Knowledge (Oxford: Clarendon Press, 1990),
especially 232–3.
xvi First Words

systems. Other commonly adopted options – articulate/tacit, theoretical/

practical, scientific/traditional – seem questionable if not objectionable,
especially insofar as they are intended to reflect differences between forms
of knowledge within indigenous and western cultures.8
Although speaking of a “dominant” knowledge system aptly captures the
realities of power, for various reasons – including the exportation of this
knowledge system beyond the geographic confines of the West – “western”
is neither exact nor fully equivalent to it. By “dominant” knowledge system,
I have in mind a fairly specific but enormously influential strain of the
western intellectual heritage. Referred to as “positivism” in its earliest
incarnation,9 I am more concerned here with its current “neopositivist”
manifestation.10 Although purportedly dead as a movement, the spirit of
positivism continues to haunt much of western science and philosophy.
Nevertheless, the diversity and non-unitary character of both “indige-
nous” and “western” must be acknowledged, and indeed, stressed. There
are differences within, and similarities across, western and indigenous
knowledge systems that confound any attempt to cast the contrast as a
simple dichotomy. Indeed, after years of supposing otherwise, there is
now growing acknowledgment among scholars “that there are no sim-
ple or universal criteria that can be deployed to separate indigenous

8 For some discussion of these issues, see Thomas Heyd, “Indigenous Knowledge, Emancipation
and Alienation,” Knowledge and Policy, 8 (1995): 63–73; Arun Agrawal, “Indigenous and
Scientific Knowledge: Some Critical Comments,” Indigenous Knowledge and Development
Monitor, 3 (1995): 3–6; “Editorial,” Indigenous Knowledge and Development Monitor, 4 (1996):
1; and “Comments on Article by Arun Agrawal,” Indigenous Knowledge and Development
Monitor, 4 (1996): 12–19.
9 A sprawling and lingering intellectual tradition, positivism has made itself felt in one guise or
another for more than a century and a half. As one notable commentator of the phenomenon
observes, it is, like any other tradition, “a diverse movement, with its dissidents and stalwarts,
its ortho- and heterodoxies.” Robert N. Proctor, Value-Free Science? Purity and Power in
Modern Knowledge (Cambridge, Massachusetts: Harvard University Press, 1991): 162. There
are positivist theories of law, of economics, of literature, of sociology, of religion, of ethics,
and of science. There is the Comtean positivism of the 1830s, the neo-Kantian positivism
of the last half of the nineteenth century, and the logical positivism of the early and mid-
twentieth century. Although recent developments have significantly undermined its hold on
the academic community, the elements of it noted here are part of its thriving legacy.
10 References to the “legacy of positivism” abound. For two recent examples, see Dale Jamieson,
“The Poverty of Postmodernism,” University of Colorado Law Review, 62:3 (1991): 577–95 and
Steve Fuller, Philosophy, Rhetoric and the End of Knowledge (Madison, Wisconsin: University
of Wisconsin Press, 1993).
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