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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.Appiah, Kwame Anthony. Whose Culture Is It, Anyway?2007, in Cosmopolitanism: Ethics in a World of Strangers. New York, London: W. W. Nortion & Company.-
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Added by: Erich Hatala Matthes
Summary: In this chapter, Appiah offers a cosmopolitan critique of the concept of cultural property/patrimony. By emphasizing the common features of our humanity and the tenuousness of certain cultural identity claims, he puts pressure on conceptions of cultural property that would exclude others, particularly those that have a nationalist character. He raises important philosophical questions about cultural continuity over time, and explores how the location of art can best facilitate its value for humanity. In general, he supports a cosmopolitan/internationalist approach to cultural property that promotes the exchange of cultural products around the world.Comment: This text offers a clear and effective overview of philosophical issues concerning cultural property, and uses a range of cultural and artistic examples. It offers a concise summary of the legal scholar John Merryman's classic article in support of internationalism about cultural property (not included in this curriculum). It pairs well with Lindsay's article.
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.
Finlayson, Lorna. The Political is Political: Conformity and the Illusion of Dissent in Contemporary Political Philosophy2015, London: Rowman and Littlefield International-
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Added by: Carl Fox, Contributed by: Emily Dyson
Publisher's Note: Nobody should really have to point out that political philosophy is political. Yet in this highly original and provocative book Lorna Finlayson argues that in fact it is necessary to do so. Offering a critique of mainstream liberal political philosophy through close, critical engagement with a series of specific debates and arguments, Finlayson analyzes the way in which apparently neutral methodological devices such as 'charitable interpretation' and 'constructive criticism' function so as to protect against challenges to the status quo. At each stage, Finlayson demonstrates that political philosophy is suffering from a complex process of 'depoliticization.' Even in cases where it appears that the dominant framework of liberal political philosophy is being strongly challenged - as, for example, in the case of the 'realist' critique of 'ideal theory' - this book argues that the debate is set up in such a way as to impose strict limits on the kind of dissent that is possible. Only by dragging these hidden presuppositions into the foreground can we arrive at a clear-eyed appreciation of such debates, and perhaps look beyond the artificially constricted landscape in which they seek to confine us.Comment: Good further or advanced reading on the methodology of political philosophy, and an incredibly illuminating critical complement to a Rawls-heavy syllabus. Finlayson provides an interesting and challenging critique of liberal presuppositions that are widespread in political philosophy. Individual chapters would also make very good further or advanced reading in their own right, especially the chapters on Rawls, the norm of philosophical charity, speech acts and silencing, and political realism.
Martin Alcoff, Linda. Epistemologies of Ignorance: Three types2007, in Shannon Sullivan and Nancy Tuana, Race and Epistemologies of Ignorance, Albany, NY: SUNY Press.-
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Added by: Giada Fratantonio, Nick Novelli
Summary: In this chapter, the author considers three main arguments for the epistemology of ignorance, where this thinks of ignorance not as being a feature of a neglectful epistemic practice, yet as being a substantive epistemic practice itself. The author considers the relationship between these three different arguments that, although differing in the way they present the nature of ignorance, she takes to be jointly compatible. In conclusion, she argues that ignorance is not only a problem related to the justificatory practice, yet also to the ontology of truth.Comment: Alcoff's essay provides a taxonomy of different types of ignorance, and argues that our current epistemology is not adequate to deal with it. This essay would be good as background reading for an epistemology course focusing on the topic of the epistemology of ignorance, since it provides a good overview and explanation of the problems that need to be resolved. Due to its focus on the social and political causes of ignorance, it could also be used as further reading for social epistemology.
Young, Iris Marion. Justice and the Politics of Difference1990, Princeton University Press-
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Added by: Nick Novelli
Publisher's note: In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. The starting point for her critique is the experience and concerns of the new social movements about decision making, cultural expression, and division of labor--that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies.Comment: This is an important work of feminist political philosophy. It would be useful to teach in a course on feminist philosophy, or as part of a course or unit on theories of justice, as it engages with many of the seminal thinkers in this area, such as Locke, Rousseau, and Rawls.
Medina, José. The Epistemology of Resistance: Gender and Racial Oppression, Epistemic Injustice, and Resistant Imaginations2012, Oxford University Press.-
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Added by: Simon Fokt, Contributed by: Ian James Kidd, Corbin Covington
Abstract: This book explores the epistemic side of oppression, focusing on racial and sexual oppression and their interconnections. It elucidates how social insensitivities and imposed silences prevent members of different groups from interacting epistemically in fruitful ways-from listening to each other, learning from each other, and mutually enriching each other's perspectives. Medina's epistemology of resistance offers a contextualist theory of our complicity with epistemic injustices and a social connection model of shared responsibility for improving epistemic conditions of participation in social practices. Through the articulation of a new interactionism and polyphonic contextualism, the book develops a sustained argument about the role of the imagination in mediating social perceptions and interactions. It concludes that only through the cultivation of practices of resistance can we develop a social imagination that can help us become sensitive to the suffering of excluded and stigmatized subjects. Drawing on Feminist Standpoint Theory and Critical Race Theory, this book makes contributions to social epistemology and to recent discussions of testimonial and hermeneutical injustice, epistemic responsibility, counter-performativity, and solidarity in the fight against racism and sexism.Comment: A complex study in social, virtue, vice, and racial epistemology. A systematic study of gendered and radicalised epistemic injustices. It can support teaching on social, virtue, vice, and racial epistemology, and is best in a systematic study of gendered and radicalised epistemic injustices.
Kornegay, R. Jo. Hursthouse’s Virtue Ethics and Abortion: Abortion Ethics without Metaphysics2011, Ethical Theory and Moral Practice 14(1): 51-71.-
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Added by: Nick Novelli
Abstract: This essay explicates and evaluates the roles that fetal metaphysics and moral status play in Rosalind Hursthouse's abortion ethics. It is motivated by Hursthouse's puzzling claim in her widely anthologized paper Virtue Ethics and Abortion that fetal moral status and (by implication) its underlying metaphysics are in a way, fundamentally irrelevant to her position. The essay clarifies the roles that fetal ontology and moral status do in fact play in her abortion ethics. To this end, it presents and then develops her fetal metaphysics of the potential and actual human being, which she merely adumbrates in her more extensive treatment of abortion ethics in her book Beginning Lives. The essay then evaluates her fetal ontology in light of relevant research on fetal neural and psychological development. It concludes that her implied view that the late-stage fetus is an actual human being is defensible. The essay then turns to the analysis of late-stage abortions in her paper and argues that it is importantly incomplete.Comment: This paper provides a detailed analysis and critique of Rosalind Hursthouse's argument in 'Virtue Ethics and Abortion'. As Hursthouse's paper is frequently taught, this article would provide a good counterpoint to it. This dialogue could form part of an examination of the practical application of virtue ethics, or as part of an examination of the applied ethics of abortion from alternative ethical perspectives. This paper is suitable for undergraduate or graduate teaching.
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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.
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."