Summary: Walsh and Lopes argue that some appropriation can be beneficial and productive: in particular, the appropriation of elements of dominant culture by members of culturally marginalized groups. They explore this idea through discussion of such appropriative artwork by a number of contemporary First Nations artists, which they argue challenges “the assumed alignment of appropriator with oppressor and appropriatee with victim”(227).
A Broken Record: Subjecting ‘Music’ to Cultural Rights
Summary: This article presents multiple arguments for the “repatriation” of indigenous music, and the assertion of indigenous cultural rights, while troubling the imposition of legalistic frameworks of Western intellectual property. It situates the harms of appropriation in the perpetuation of unjust systems and misrepresentation, and demonstrates how careful attention to specific cultural practices can play an essential role in sorting out sometimes overly abstract debates about repatriation and appropriation.
Justifying Repatriation of Native American Cultural Property
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.
Art, Property Rights, and the Interests of Humanity
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.
Repatriation and the Concept of Inalienable Possession
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.
Whose Culture Is It, Anyway?
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.
Cultural Property and Collective Identity
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.
A Philosophical Perspective on the Ethics and Resolution of Cultural Property Issues
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.
Cultural Property, Restitution and Value
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.
The Political is Political: Conformity and the Illusion of Dissent in Contemporary Political Philosophy
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.