Summary: Jeffers offers an account of the moral permissibility, and moreover, praiseworthiness of cultural preservation for the sake of the continued existence of cultural groups. He defends this argument against challenges about inauthenticity and incoherence leveled by Jeremy Waldron and Sam Scheffler. In a political context, Jeffers argues that cultural preservation can be obligatory as a component of resistance against colonialism and racism.
The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy.
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.
Aboriginal Painting: Identity and Authenticity
Summary: Coleman argues for an ontological understanding of Australian Aboriginal artworks (namely, that they function as insignia that require authoritative endorsement) that can resolve disputes about the authenticity of controversial cases of Aboriginal art. More broadly, her article illuminates the ways in which viewing art as part of a cultural heritage can affect how we understand its authenticity.
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.
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.
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.
Three tales of scientific success
Abstract: Success-to-truth inferences have been the realist stronghold for long time. Scientific success is the parameter by which realists claim to discern approximately true theories from false ones. But scientific success needs be probed a bit deeper. In this paper, the author tells three tales of scientific success, by considering in turn success from nowhere, success from here now, and success from within. She argues for a suitable version of success from within that can do justice to the historically situated nature of our scientific knowledge. The outcome is a new way of thinking about success-to-truth inferences along perspectivalist lines.
Underdetermination, methodological practices, and realism
Abstract: In this paper, the author argues (i) that there are certain methodological practices that are epistemically significant, and (ii) that we can test for the success of these practices empirically by examining case-studies in the history of science. Analysing a particular episode from the history of medicine, she explains how this can help us resolve specific cases of underdetermination. She concludes that, while the anti-realist is (more or less legitimately) able to construct underdetermination scenarios on a case-by-case basis, he will have to abandon the strategy of using algorithms to do so, thus losing the much needed guarantee that there will always be rival cases of the required kind.
Saving Unobservable Phenomena
Abstract: In this paper the author argues -against van Fraassen’s constructive empiricism-that the practice of saving phenomena is much broader than usually thought, and includes unobservable phenomena as well as observable ones. Her argument turns on the distinction between data and phenomena: She discusses how unobservable phenomena manifest themselves in data models and how theoretical models able to save them are chosen. She presents a paradigmatic case study taken from the history of particle physics to illustrate her argument. The first aim of this paper is to draw attention to the experimental practice of saving unobservable phenomena, which philosophers have overlooked for too long. The second aim is to explore some far-reaching implications this practice may have for the debate on scientific realism and constructive empiricism.