Coleman, Elizabeth Burns. Repatriation and the Concept of Inalienable Possession
2010, In The Long Way Home, edited by Paul Turnbull and Michael Pickering: Berghan Books.
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Added by: Erich Hatala MatthesSummary: The concept of inalienable possession often figures centrally in debates about repatriation of cultural artifacts (which are also often artworks). The right of alienability (or the right to transfer title to property) is one of the core rights in Western property theory. If property is inalienable, this means that title to it cannot rightly be transferred. In this paper, Coleman analyzes the concept of inalienable possession, and argues that laws (such as the Native American Graves Protection and Repatriation Act (NAGPRA)) can foist a conception of inalienable possession on indigenous peoples that can be inaccurate to past and changing cultural norms. She uses this point to offer a distinction between property and ownership. This opens up conceptual space for a link between objects and identity through ownership that might nevertheless allow for the alienability of such property.Comment: This paper is best for a course unit that is making room for in-depth discussion of the property dimensions of cultural property. It would pair well with Janna Thompson's "Art, Property Rights, and the Interests of Humanity," or James O. Young's "Cultures and Cultural Property." It can be also used together with or in lieu of Sarah Harding's much longer and more detailed paper "Justifying Repatriation of Native American Cultural Property."Conly, Sarah. One Child: Do We Have a Right to More?2016, Oxford: Oxford University Press.
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Added by: Rochelle DuFordSummary: A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked population. We live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist. Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one's body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future.Comment: This book would be an excellent resource for an upper-division course on population ethics, ethcs of reproduction, autonomy, or human rights. It would also serves as a good overview of positions in population ethics or as a supplement to a class on environmental ethics and future generations.Coombe, Rosemary J.. The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy.1993, Canadian Journal of Law and Jurisprudence 6(2): 249-285.
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Added by: Erich Hatala MatthesAbstract: The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue.Comment: In this wide-ranging essay, Coombe situates debates about cultural appropriation in the context of colonial power dynamics. She discusses both appropriation of styles and stories as well as alienation of material cultural property. In particular, she criticizes the appeal to Western conceptions of property in these debates, and questions whether Native identity and autonomy can be appropriately protected by subsuming Native intangible cultural property claims under Western frameworks for intellectual property. This is a long and challenging essay, best used for more advanced courses. Alternative texts that capture some of the ideas here include Loretta Todd's "Notes on Appropriation" (on which Coombe draws), or, for a text that situates some of these ideas in the literature on epistemic injustice, see Erich Hatala Matthes, "Cultural Appropriation without Cultural Essentialism?".Cooper, Leonie. Joe Corré, Son of Malcolm McLaren and Vivienne Westwood, On Why He’s Burning His £5 Million Punk Collection2016, NME, 18th March 2016
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Added by: Quentin Pharr and Clotilde TorregrossaAbstract: This week [18th March 2016], Joe Corré, son of punk provocateurs Malcolm McLaren and Vivienne Westwood proved that rebellion runs in the family. In response to the ongoing Punk London year of events, gigs, films, talks, exhibits, celebrating 40 years of punk – which Joe claims has been endorsed by the Queen – has announced his plans to burn his £5 million collection of punk memorabilia this November 26, on the 40th anniversary of the release of the Sex Pistols’ ‘Anarchy In The UK’. NME visited Joe at his London HQ to find out more.Comment (from this Blueprint): This news item is an interview with Joe Corré, son of British fashion designer Vivienne Westwood and Malcolm McLaren, former manager of the Sex Pistols. In response to the 2016 events celebrating '40 years of Punk' in London, Corré announced he would burn his collection of punk artefacts, estimated to be worth £5 million (he did end up burning it on a barge on the Thames). In this interview, Corré discusses how the punk aesthetic has been appropriated by the very people and institutions that the punk movement was against - the establishment. For Corré, his collection is only worth £5 million because of the mainstream appropriation that punk has undergone - for him these items are worthless, they barely even have sentimental value. But equally, Corré, a very wealthy man himself (he co-founded the lingerie brand Agent Provocateur and sold it to private equity for £60 million), has come under fire for his decision to burn the items rather than give them to charity. As such, this piece is an interesting case study that illustrates the mechanics of class appropriation of fashion as discussed by Crane. But it can also be discussed in reference to the People's History Museum virtual exhibition from week 6, as perhaps Corré's judgement that these items are not worthy of preservation and display is itself clouded by class privilege.Cordova, Viola. Ethics: The We and the I2004, In: American Indian Thought: Philosophical Essays. Anne Waters (ed.), Blackwell (Oxford).
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Added by: Sonja Dobroski and Quentin PharrAbstract: This book brings together a diverse group of American Indian thinkers to discuss traditional and contemporary philosophies and philosophical issues. The essays presented here address philosophical questions pertaining to knowledge, time, place, history, science, law, religion, nationhood, ethics, and art, as understood from a variety of Native American standpoints. Unique in its approach, this volume represents several different tribes and nations and amplifies the voice of contemporary American Indian culture struggling for respect and autonomy. Taken together, the essays collected here exemplify the way in which American Indian perspectives enrich contemporary philosophy.Comment: available in this BlueprintCordova, Viola. How It Is: The Native American Philosophy of V. F. Cordova2007, Kathleen Dean Moore, Kurt Peters, Ted Jojola & Amber Lacy (eds.), University of Arizona Press.
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Added by: Sonja Dobroski and Quentin PharrPublisher’s Note: Viola Cordova was the first Native American woman to receive a PhD in philosophy. Even as she became an expert on canonical works of traditional Western philosophy, she devoted herself to defining a Native American philosophy. Although she passed away before she could complete her life’s work, some of her colleagues have organized her pioneering contributions into this provocative book. In three parts, Cordova sets out a complete Native American philosophy. First she explains her own understanding of the nature of reality itself—the origins of the world, the relation of matter and spirit, the nature of time, and the roles of culture and language in understanding all of these. She then turns to our role as residents of the Earth, arguing that we become human as we deepen our relation to our people and to our places, and as we understand the responsibilities that grow from those relationships. In the final section, she calls for a new reverence in a world where there is no distinction between the sacred and the mundane. Cordova clearly contrasts Native American beliefs with the traditions of the Enlightenment and Christianized Europeans. By doing so, she leads her readers into a deeper understanding of both traditions and encourages us to question any view that claims a singular truth. From these essays—which are lucid, insightful, frequently funny, and occasionally angry—we receive a powerful new vision of how we can live with respect, reciprocity, and joyComment: available in this BlueprintCorrigan, Oonagh. Empty Ethics: The Problem with Informed Consent2003, Sociology of Health & Illness, 25 (3): 768-792.
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Added by: Rochelle DuFordAbstract: Informed consent is increasingly heralded as an ethical panacea, a tool to counter autocratic and paternalistic medical practices. Debate about the implementation of informed consent is constricted and polarised, centring on the right of individuals to be fully informed and to freely choose versus an autocratic, paternalistic practice that negates individual choice. A bioethical framework, based on a principle-led form of reductive/deductive reasoning, dominates the current model of informed consent. Such a model tends to abstract the process of consent from its clinical and social setting. By fleshing out the social process involved when patients and healthy volunteer subjects consent to take part in clinical drug trials, this paper attempts to address the problem arising from the current 'empty ethics' model. My arguments are substantiated by qualitative interview data drawn from a study I conducted on the process of consent as experienced by participants in clinical drug trials.Comment: This text is a clear critique of the use of informed consent as a medical-ethical panacea (it could be taught alongside O'neill's "Paternalism and Partial Autonomy" for a more accessible and applied look at the problem of informed consent). It would be useful as a contrast at the end of a unit on informed consent for medical treatment or a unit on clinical research ethics. It is especially good for use in a biomedical ethics or research ethics course aimed at students interested in the health professions.Coulthard, Glen. Red Skin, White Masks: Rejecting the Colonial Politics of Recognition2014, University of Minnesota Press.
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Added by: Sonja Dobroski and Quentin PharrPublisher’s Note: Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.Comment: available in this BlueprintCrane, Susan A.. Choosing Not to Look: Representation, Repatriation, and Holocaust Atrocity Photography2008, History and Theory 47: 309-30.
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Added by: Erich Hatala MatthesSummary: In this article, Crane, a historian, questions whether Holocaust atrocity photographs should be displayed, arguing that displaying them is not the best means of historical education about the horrors of the Holocaust, as some defenders argue. Her discussion includes reflections on the nature of photography, spectacle, how we look at images, and pedagogy surrounding historical injustices.Comment: This text offers an opportunity to discuss the display of "negative heritage," and so offers a different angle than many of the articles on heritage which focus on appropriative display of more traditionally conceived heritage objects. The article also raises issues which can inspire discussion on moral criticism of art.Crenshaw, Kimberlé. Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color1991, Stanford Law Review 43(6): 1241-1299.
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Added by: Rossen VentzislavovSummary: The concept of intersectionality is Crenshaw's rich contribution to our embattled understanding of identity politics. To illustrate the danger of traditional identity groupings, Crenshaw turns our attention to the complexity of inhabiting two such distinct categories at the same time as a black woman. While it is true that a black woman can hardly be considered essentially black (on account of the primacy of men of color over women of color) or essentially a woman (on account of the primacy of white women over non-white ones), intersectionality does not aim to dismantle these general categories altogether. Instead, it seeks to introduce an ethical and political pragmatics of identity. The way Crenshaw proposes this should be done in the case of black women is by treating the two inherent identity categories - black and female - conjunctively rather than disjunctively as it has always been done. The resulting approach promises to improve our sense of the reality of "social location" and is thus of great value to all agents and processes of social health and justice.Comment: Assigning this text is best in classes on women's rights and identity politics. It will be particularly useful in inspiring discussions on different types of discrimination affecting different groups, and the relations between them.Cudd, Ann E.. Enforced Pregnancy, Rape, and the Image of Woman1990, Philosophical Studies, 60 (1-2): 47-59.
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Added by: Rochelle DuFordSummary: In this essay, Cudd argues that enforced pregnancy constitutes a group harm against women, harming even women who are not forced to carry a fetus to term against their will. In this essay, she develops a theoy of group harm, arguing that forced pregnancy constitutes a similar sort of group harm as rape. Ultimately, she claims that both rape and enforced pregnancy constitute a group harm via degredation of a class (women) and an individual harm via the individual negative effects caused by enforced pregnancy.Comment: This text serves as a good introduction to the idea of a group harm. Further, it would fit well in a class that covers the ethics of sex, sexual violence, pregnancy, or abortion. If you plan to utilize this reading in the context of a biomedical ethics course covering abortion, it would be helpful to have first covered other classical readings on the topic (Marquis and Thomson, at least).Curtis, Annaleigh. Feminism Part 2: The Difference Approach2014, 1000-Word Philosophy: An Introductory Anthology
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Added by: Simon Fokt, Contributed by: Nathan NobisAbstract: Different strands of thought that arise out of political movements are often difficult to categorize and also often answer to many names. The 'difference approach' to feminism is discussed here, following Haslanger and Hackett. This approach is sometimes also called radical, cultural, or gynocentric feminism.Comment: An introduction to feminism, focusing on 'the Difference Approach' to feminism.Cutas, Daniela. Postmenopausal Motherhood: Immoral, Illegal? A Case Study2007, Bioethics, 21 (8): 458-463.
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Added by: Rochelle DuFordAbstract: The paper explores the ethics of post-menopausal motherhood by looking at the case of Adriana Iliescu, the oldest woman ever to have given birth (so far). To this end, I will approach the three most common objections brought against the mother and/or against the team of healthcare professionals who made it happen: the age of the mother, the fact that she is single, the appropriateness of her motivation and of that of the medical team.Comment: This text presents a case study useful for a course on biomedical ethics, parenthood, or procreation. Further, the author considers a number of objections to postmenopausal motherhood and evaluates them for their ethical merit, providing a good introduction to questions of reproduction and parenting in non-traditional circumstances.Darby, Derrick. Adequacy, Inequality, and Cash for Grades2011, Theory and Research in Eduation 9 (3): 209-232.
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Added by: Rochelle DuFordAbstract: Some political philosophers have recently argued that providing K-12 students with an adequate education suffices for social justice in education provided that the threshold of educational adequacy is properly understood. Others have argued that adequacy is insufficient for social justice. In this article I side with the latter group. I extend this debate to racial inequality in education by considering the controversial practice of paying students cash for grades to close the racial achievement gap. I then argue that framing the demand for racial justice in education solely in terms of educational adequacy leaves us unable to take issue with the cash for grades policy as a matter of principle. While this does not entail that educational adequacy is unimportant, it adds to the general case for why adequacy does not suffice for social justice.Comment: This text is a good rejoinder to Anderson and Satz's arguments concerning the shift from a focus on providing an equal education to an adequate education. Though it could be read in absence of those texts, it requires a familiarity with the idea of sufficientarianism - and so should probably be read after Anderson's "Fair Opportunity in Education: A Democratic Equality Perspective." It would have a place in a course concerning egalitarianism in education, racial justice, or education and democracy.Darby, Derrick. Reparations and Racial Inequality2010, Philosophy Compass 5 (1): 55-66.
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Added by: Rochelle DuFordAbstract: A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of 'post-racial' America, the strongest normative argument for reparations may be one that goes through irrespective of how we ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing.Comment: This text provides a clear overview and introduction to debates about reparations for decendents of African American slaves. It also surveys quite a bit of empirical data surrounding racial inequalities. It would fit well in a course that considered questions of social justice, racial inequality, or reparations.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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