Abstract: 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.
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.
Conceptualizing Adaptive Preferences Respectfully: An Indirectly Substantive Account
Abstract: While the concept of adaptive preferences is an important tool for criticizing injustice, it is often claimed that using the concept involves showing disrespect for persons judged to have adaptive preferences. In this paper, I propose an account of adaptive preferences that does the relevant political work while still showing persons two centrally important kinds of respect. My account is based in what I call an indirect substantive account of autonomy, which places substantive requirements on the options available to a person, rather than on the option that she ultimately prefers. This allows us to pinpoint cases in which a person’s circumstances have rendered her insufficiently autonomous, without saying that any conception of the good must be non-autonomous tout court.
Hobbes and the Social Contract Tradition
Publisher’s Note: This major study of Hobbes’s political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.
Distorted Reflection
Abstract: Diachronic Dutch book arguments seem to support both conditionalization and Bas van Fraassen’s Reflection principle. But the Reflection principle is vulnerable to numerous counterexamples. This essay addresses two questions: first, under what circumstances should an agent obey Reflection, and second, should the counterexamples to Reflection make us doubt the Dutch book for conditionalization? In response to the first question, this essay formulates a new ‘Qualified Reflection’ principle, which states that an agent should obey Reflection only if he or she is certain that he or she will conditionalize on veridical evidence in the future. Qualified Reflection follows from the probability calculus together with a few idealizing assumptions. The essay then formulates a ‘Distorted Reflection’ principle that approximates Reflection even in cases where the agent is not quite certain that he or she will conditionalize on veridical evidence. In response to the second question, the essay argues that contrary to a common misconception, not all Dutch books dramatize incoherence – some dramatize a less blameworthy sort of epistemic frailty that the essay calls ‘self-doubt’. The distinction between Dutch books that dramatize incoherence and those that dramatize self-doubt cross-cuts the distinction between synchronic and diachronic Dutch books. The essay explains why the Dutch book for conditionalization reveals true incoherence, whereas the Dutch book for Reflection reveals only self-doubt.
Anti-individualism and knowledge
Publisher’s note: Contemporary philosophy of mind is dominated by anti-individualism, which holds that a subject’s thoughts are determined not only by what is inside her head but also by aspects of her environment. Despite its dominance, anti-individualism is subject to a daunting array of epistemological objections: that it is incompatible with the privileged access each subject has to her thoughts, that it undermines rationality, and, absurdly, that it provides a new route to a priori knowledge of the world. In this rigorous and persuasive study, Jessica Brown defends anti-individualism from these epistemological objections. The discussion has important consequences for key epistemological issues such as skepticism, closure, transmission, and the nature of knowledge and warrant.
According to Brown’s analysis, one main reason for thinking that anti-individualism is incompatible with privileged access is that it undermines a subject’s introspective ability to distinguish types of thoughts. So diagnosed, the standard focus on a subject’s reliability about her thoughts provides no adequate reply. Brown defuses the objection by appeal to the epistemological notion of a relevant alternative. Further, she argues that, given a proper understanding of rationality, anti-individualism is compatible with the notion that we are rational subjects. However, the discussion of rationality provides a new argument that anti-individualism is in tension with Fregean sense. Finally, Brown shows that anti-individualism does not create a new route to a priori knowledge of the world. While rejecting solutions that restrict the transmission of warrant, she argues that anti-individualists should deny that we have the type of knowledge that would be required to use a priori knowledge of thought content to gain a priori knowledge of the world.
The Epistemology of Resistance: Gender and Racial Oppression, Epistemic Injustice, and Resistant Imaginations
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.
Modern Moral Philosophy
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.
Logical Quantifiers
Abstract: This article offers a logical, linguistic, and philosophical account of modern quantification theory. Contrasting the standard approach to quantifiers (according to which logical quantifiers are defined by enumeration) with the generalized approach (according to which quantifiers are defined systematically), the article begins with a brief history of standard quantifier theory and identifies some of its logical, linguistic, and philosophical strengths and weaknesses. It then proceeds to a brief history of generalized quantifier theory and explains how it overcomes the weaknesses of the standard theory. One of the main philosophical advantages of the generalized theory is its philosophically informative criterion of logicality. The paper describes the work done so far in this theory, highlights some of its central logical results, offers an overview of its main linguistic contributions, and discusses its philosophical significance.