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	<title>Comments on: Law and Technology Theory</title>
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		<title>By: Frank Pasquale</title>
		<link>http://madisonian.net/2006/12/05/law-and-technology-theory/comment-page-1/#comment-107523</link>
		<dc:creator>Frank Pasquale</dc:creator>
		<pubDate>Tue, 05 Dec 2006 17:50:26 +0000</pubDate>
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		<description>Thank you for mentioning it!  Your &quot;things&quot; article came in handy as I was trying to deal with the &quot;definition of technology&quot; issue at one point, but I hope I used it correctly.  I am still working my way through it.

A couple of responses: 

1) Pragmatically: Yes, the definition of technology is a contested area.  I&#039;m hoping that we can at least settle on some set of &quot;family resemblances&quot; that cover a significant portion of the innovations we seek to address.

2) Conceptually: You are right to say it is important to grasp with actual history and practice.  But I think it&#039;s also good to try to get one&#039;s theoretical presuppositions on the table, and exposed to critique from a group of scholars who think of themselves as trying to understand a common set of phenomena.

To give an example: I read a paper by a well-regarded scholar today that simply &quot;took for granted&quot; the legitimacy of an assumption that legal regulation is always inferior to tax as a way of addressing inequality.  There are a couple of ways of dealing with this: one is to try to show the theoretical inconsistencies (or undesirable assumptions) in the normative vision of which this is a part, another is to show via the intricacies of some practice that ideal theory does not map very well onto the world.  The enemy is bad theory, not theory per se.</description>
		<content:encoded><![CDATA[<p>Thank you for mentioning it!  Your &#8220;things&#8221; article came in handy as I was trying to deal with the &#8220;definition of technology&#8221; issue at one point, but I hope I used it correctly.  I am still working my way through it.</p>
<p>A couple of responses: </p>
<p>1) Pragmatically: Yes, the definition of technology is a contested area.  I&#8217;m hoping that we can at least settle on some set of &#8220;family resemblances&#8221; that cover a significant portion of the innovations we seek to address.</p>
<p>2) Conceptually: You are right to say it is important to grasp with actual history and practice.  But I think it&#8217;s also good to try to get one&#8217;s theoretical presuppositions on the table, and exposed to critique from a group of scholars who think of themselves as trying to understand a common set of phenomena.</p>
<p>To give an example: I read a paper by a well-regarded scholar today that simply &#8220;took for granted&#8221; the legitimacy of an assumption that legal regulation is always inferior to tax as a way of addressing inequality.  There are a couple of ways of dealing with this: one is to try to show the theoretical inconsistencies (or undesirable assumptions) in the normative vision of which this is a part, another is to show via the intricacies of some practice that ideal theory does not map very well onto the world.  The enemy is bad theory, not theory per se.</p>
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