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Added by: Erich Hatala Matthes
Summary: Harding's article offer an in-depth look at the theoretical justification for the Native American Grave Protection and Repatriation Act (NAGPRA) of 1990, paying special attention to the category of "cultural patrimony" under which non-funerary artworks will often fall if they are subject to NAGPRA. The paper focuses on three different approaches to justifying repatriation: in terms of compensation for historical injustices, the value of an object to a community, and challenging the very possibility of ownership of cultural patrimony. Harding ultimately favors this final approach, suggesting a stewardship model on which we all have obligations with respect to the protection of cultural property.Thompson, Janna. Art, Property Rights, and the Interests of Humanity2004, Journal of Value Inquiry 38(4): 545-560.-
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Added by: Erich Hatala Matthes
Summary: In this paper, Thompson sets up a potential tension between two kinds of cases. On the one hand, we might think it is wrong for a wealthy collector to destroy great works of Western art that have value for all of humanity. On the other hand, we might think it is acceptable for indigenous peoples to rebury or ritually destroy artifacts from their culture, even though these works might also have value for all of humanity. How do we reconcile these intuitions? After discussing and dismissing attempts to resolve the problem by appeal to the value of the property for its possessors or the desires of non-owners, Thompsons suggests that by looking at the value of art in the context of different cultural traditions we can see why a certain universalism about the value of art will tell against allowing the destruction of artwork by the wealthy collector, but allow for the reburial or destruction of artifacts by certain indigenous communities.Comment: This paper pairs well with Kwame Anthony Appiah's 'Whose Culture Is It, Anyway?' or Peter Lindsay's "Can We Own the Past? Cultural Artifacts as Public Goods." It is particularly good at engaging questions about the universal value of art and its implications for ownership introduced in those texts.
Coleman, Elizabeth Burns. Repatriation and the Concept of Inalienable Possession2010, In The Long Way Home, edited by Paul Turnbull and Michael Pickering: Berghan Books.-
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Added by: Erich Hatala Matthes
Summary: 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."
Coleman, Elizabeth Burns. Cultural Property and Collective Identity2006, In Returning (to) Communities: Theory, Culture and Political Practice of the Communal, edited by Stefan Herbrechter and Michael Higgins: Brill.-
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Added by: Erich Hatala Matthes
Summary: This short paper examines the relationship between cultural property and collective identity through a close analysis of a paper by Richard Handler that questions such a relationship. In particular, Handler raises a version of common worries about the lack of cultural group continuity over time: because cultures are constantly changing, this fact is thought to undermine claims about the relationship between cultural identity and cultural property, as well as subsequent repatriation requests. Coleman pushes back against this objection by questioning what kind of identity or sameness is actually required for cultural continuity over time.Comment: Though focused on a reading that is not included in this curriculum, this text pairs well with, for instance, the Appiah, Thompson, or Young readings in this module, or any other article that raises questions about cultural continuity over time.
Warren, Karen J.. A Philosophical Perspective on the Ethics and Resolution of Cultural Property Issues1989, In The Ethics of Collecting Cultural Property, edited by Phyllis Mauch Messenger. USA: University of New Mexico Press.-
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Added by: Erich Hatala Matthes
Summary: Warren's chapter offers a careful and systematic look at arguments concerning what she calls "the 3 R's": restitution (or repatriation) of cultural property, restrictions on cultural imports and exports, and the rights (to ownership, access, etc.) over cultural property. She ultimately argues that this framework should be overturned in favor of an approach to cultural property disputes that is modeled on conflict resolution. This approach deprioritizes traditional talk of property and ownership in favor of a focus on preservation.Comment: Due to its clear and organized approach, this article is an excellent teaching resource, and a good choice in particular if you plan to do a single reading on repatriation issues. While it often focuses more on summary than developing the many argumentative approaches mentioned, it offers a helpful backbone for further discussion.
Thompson, Janna. Cultural Property, Restitution and Value2003, Journal of Applied Philosphy 20(3): 251-262-
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Added by: Erich Hatala Matthes
Summary: In this paper, Thompson approaches questions about the repatriation of art and artifacts through the lens of cultural property. She briefly discusses the nature of cultural property itself, and then moves on to exploring how her preferred conception of cultural property (roughly, culturally significant objects that are legitimately acquired by a collectivity) can facilitate or hinder claims for repatriation. In particular, she discusses the relationship between cultural property-based claims and potentially countervailing considerations, such as the purported universal value (or "value for humanity") of cultural heritage.Comment: This text offers a helpful introduction to cultural property and repatriation that is clear, readable, and concise. It is a good choice if you only have time for a single reading on this topic, but it also pairs well with most other readings in this module.
Herman, Barbara. On the Value of Acting From the Motive of Duty1981, Philosophical Review 90(3): 359-382.-
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Added by: Nick Novelli
Abstract: Richard Henson attempts to take the sting out of this view of Kant on moral worth by arguing (i) that attending to the phenomenon of the overdetermination of actions leads one to see that Kant might have had two distinct views of moral worth, only one of which requires the absence of cooperating inclinations, and (ii) that when Kant insists that there is moral worth only when an action is done from the motive of duty alone, he need not also hold that such a state of affairs is morally better, all things considered, than one where supporting inclination is present. Henson's proposals seem to me both serious and plausible. I do not think that either of his models, in the end, can take on the role Kant assigns to moral worth in the argument of the Groundwork. But seeing the ways Henson's account diverges from Kant's makes clearer what Kant intended in his discussion of those actions he credits with moral worth. [...] An action has moral worth if it is required by duty and has as its primary motive the motive of duty. The motive of duty need not reflect the only interest the agent has in the action (or its effect); it must, however, be the interest that determines the agent's acting as he did.Comment: This article is a good discussion of the issue of acting out of inclination as opposed to duty in Kant's philosophy. It would provide a useful perspective on that issue in a course on Kant's philosophy. As it engages with R.G. Henson's argument on the subject, it would be usefully taught wherever his work is, but it could also be taught in isolation from it as familiarity with Henson's work is not required to understand the article.
Olberding, Amy, Philip J. Ivanhoe (eds.). Mortality in Traditional Chinese Thought2011, SUNY Press.-
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Added by: Nick Novelli
Publisher's note: Mortality in Traditional Chinese Thought is the definitive exploration of a complex and fascinating but little-understood subject. Arguably, death as a concept has not been nearly as central a preoccupation in Chinese culture as it has been in the West. However, even in a society that seems to understand death as a part of life, responses to mortality are revealing and indicate much about what is valued and what is feared. This edited volume fills the lacuna on this subject, presenting an array of philosophical, artistic, historical, and religious perspectives on death during a variety of historical periods. Contributors look at material culture, including findings now available from the Mawangdui tomb excavations; consider death in Confucian, Daoist, and Buddhist traditions; and discuss death and the history and philosophy of war.Comment: This volume contains a number of excellent essays on mortality as it appears in Chinese philosophy. It would be useful in a history of Chinese philosophy course, or to provide an additional perspective in a course on philosophy of death, immortality and the afterlife. Of particular value for this purpose is Tao Jiang's chapter comparing Linji Yixuan's views on immortality to those of William James, discussing the degree to which remembrance counts as immortality.
Anscombe, G. Elizabeth M.. Modern Moral Philosophy1958, Philosophy 33(124): 1-19.-
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Added by: Carl Fox
Abstract: I will begin by stating three theses which I present in this paper. The first is that it is not profitable for us at present to do moral philosophy; that should be laid aside at any rate until we have an adequate philosophy of psychology, in which we are conspicuously lacking. The second is that the concepts of obligation, and duty - moral obligation and moral duty, that is to say - and of what is morally right and wrong, and of the moral sense of "ought," ought to be jettisoned if this is psychologically possible; because they are survivals, or derivatives from survivals, from an earlier conception of ethics which no longer generally survives, and are only harmful without it. My third thesis is that the differences between the wellknown English writers on moral philosophy from Sidgwick to the present day are of little importance.
Comment: Classic text which raises key problems for any theory of moral obligation. Very short, although also very dense. It offers an advanced-level criticism of the dominant normative ethical theories of the 20th century (namely consequentialism and deontology). Since this is a seminal text, it would be suitable for history of philosophy courses, moral philosophy courses (especially sections pertaining to Aristotelian or Neo-Aristotelian Virtue ethics). It does require rudimentary knowledge of Consequentialism and Deontology and as such would be best utilised in second or third year undergraduate (or postgraduate) courses.
Bullock, Emma. A Normatively Neutral Definition of Paternalism2015, Philosophical Quarterly 65(258): 1-21.-
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Added by: Carl Fox
Abstract: In this paper, I argue that a definition of paternalism must meet certain methodological constraints. Given the failings of descriptivist and normatively charged definitions of paternalism, I argue that we have good reason to pursue a normatively neutral definition. Archard's 1990 definition is one such account. It is for this reason that I return to Archard's account with a critical eye. I argue that Archard's account is extensionally inadequate, failing to capture some cases which are clear instances of paternalism. I refine each of his three conditions, ultimately providing an improved definition of paternalistic interference. This revised definition meets specific methodological constraints, offering a definition that is both neutral between anti- and pro-paternalistic intuitions, but that also explains why paternalism is normatively significant. Specifically, this definition captures the conflict between interfering with an individual's choices and treating the individual benevolently, without making paternalism permissible or impermissible by definition.Comment: This paper updates Archard's attempt to provide a normatively neutral account of paternalism, and would be a good further reading for any topic touching on paternalism.
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Harding, Sarah. Justifying Repatriation of Native American Cultural Property
1997, Indiana Law Journal 72(3): 723-74.
Comment: This is a long law review article, and so is best for more advanced classes. It is a useful text for instructors who are interested in exploring cultural property issues in a legal but philosophically informed context. One can also assign only certain sections focusing on particular issues. For a shorter article that also promotes a stewardship model, the Warren paper is a good substitute, though not likewise embedded in the legal issues (and written before the passage of NAGPRA).