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Justifying Repatriation of Native American Cultural Property

Posted on November 27, 2017May 13, 2025 by Simon Fokt

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.

Tagged art, cultural property, property rights, repatriationLeave a comment

Art, Property Rights, and the Interests of Humanity

Posted on November 27, 2017May 13, 2025 by Simon Fokt

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.

Tagged art, destroying art, property rightsLeave a comment

Cultural Property, Restitution and Value

Posted on November 27, 2017June 26, 2025 by Simon Fokt

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.

Tagged art, cultural heritage, cultural property, property, restitutionLeave a comment

Conceptualizing Adaptive Preferences Respectfully: An Indirectly Substantive Account

Posted on September 26, 2017May 13, 2025 by Simon Fokt

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.

Tagged adaptive preferences, autonomy, recognition respectLeave a comment

Three tales of scientific success

Posted on September 26, 2017May 13, 2025 by Simon Fokt

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.

Tagged comparative success, perspectival realism, success-to truth inferencesLeave a comment

Underdetermination, methodological practices, and realism

Posted on September 26, 2017May 13, 2025 by Simon Fokt

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.

Tagged epistemic properties of scientific theories, methodology of science, nonempirical virtues, scientific realism, scientific reasoning, theoretical virtues, theory choice, underdeterminationLeave a comment

Saving Unobservable Phenomena

Posted on September 26, 2017June 26, 2025 by Simon Fokt

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.

Tagged data models, particle physics, theoretical entities, unobservable phenomenaLeave a comment

Distorted Reflection

Posted on July 20, 2017September 13, 2026 by Simon Fokt

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.

Tagged conditionalization, diacronich Dutch book arguments, reflection principleLeave a comment

It’s not Them, it’s You: A Case Study in the Exclusion of Non-Western Philosophy

Posted on July 20, 2017June 26, 2025 by Simon Fokt

Abstract: My purpose in this essay is to suggest, via case study, that if Anglo-American philosophy is to become more inclusive of non-western traditions, the discipline requires far greater efforts at self-scrutiny. I begin with the premise that Confucian ethical treatments of manners afford unique and distinctive arguments from which moral philosophy might profit, then seek to show why receptivity to these arguments will be low. I examine how ordinary good manners have largely fallen out of philosophical moral discourse in the west, looking specifically at three areas: conditions in the 18th and 19th centuries that depressed philosophical attention to manners; discourse conventions in contemporary philosophy that privilege modes of analysis not well fitted to close scrutiny of manners; and a philosophical culture that implicitly encourages indifference or even antipathy toward polite conduct. I argue that these three areas function in effect to render contemporary discourse inhospitable to greater inclusivity where Confucianism is concerned and thus, more broadly, that greater self-scrutiny regarding unexamined, parochial western commitments and practices is necessary for genuine inclusivity

Tagged Chinese philosophy, confucianism, diversity in philosophy, etiquette, mannersLeave a comment

Ontic Structural Realism

Posted on July 20, 2017May 13, 2025 by Simon Fokt

Abstract: Ontic structural realism is at its core the view that ‘structure is ontologically fundamental.’ Informed from its inception by the scientific revolutions that punctuated the 20th century, its advocates often present the position as the perspective on ontology best befitting of modern physics. But the idea that structure is fundamental has proved difficult to articulate adequately, and what OSR’s claimed naturalistic credentials consist in is hard to precisify as well. Nor is it clear that the position is actually supported by our most fundamental physical theories. What is clear, however, is that structuralists have revealed a seam of material at the core of modern physics that is replete with implications for metaphysics. This article surveys some positions subsumed under the rubric of OSR, considering both their warrant and the interconnections that exist between them. The author argues that the fundamental kind properties pose a challenge to ontic structuralism, because it seems that these properties do not supervene upon the relevant structures. The development of structuralist metaphysics will require both an engagement with the details of modern physical theories and the deployment of tools more typically developed in a priori metaphysics. As such, it seems armchair metaphysicians have not just a stake in whether OSR’s claims may ultimately be shown to stand up, but a crucial role to play in getting them to the point where they can be subjected to scrutiny in the first place.

Tagged metaphysics, ontic structural realism, philosophy of science, symmetries in physicsLeave a comment

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