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.
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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.Coleman, Elizabeth Burns, Rosemary J. Coombe, Fiona MacArailt. A Broken Record: Subjecting ‘Music’ to Cultural Rights2012, In The Ethics of Cultural Appropriation, edited by James O. Young and Conrad G. Brunk: Blackwell Publishing.-
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Added by: Erich Hatala Matthes
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.Comment: This is a long and difficult text, but it does an excellent job of marrying careful attention to cases with philosophical context and reflection. It is a good choice for more advanced classes, particularly ones that might be focusing on music.
Coleman, Elizabeth Burns. Aboriginal Painting: Identity and Authenticity2001, Journal of Aesthetics and Art Criticism 59(4): 385–402.-
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Added by: Erich Hatala Matthes
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.Comment: This is a longer text that intersects with a number of other topics, including appropriation, art ontology, and the art-status of non-Western artworks. It could be used in the context of course units exploring any of those themes, or to raise them in the context of a unit on authenticity.
Collins, Patricia Hill. A Black women’s standpoint1995, In Beverly Guy-Sheftal (ed.), Words of Fire: An Anthology of African American Feminist Thought. The New Press.-
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Publisher's Note: The first major anthology to trace the development, from the early 1800s to the present, of black feminist thought in the United States, Words of Fire is Beverly Guy-Sheftall's comprehensive collection of writings, in the feminist tradition, of more than sixty African American women. From the pioneering work of abolitionist Maria Miller Stewart and anti-lynching crusader Ida Wells-Barnett to the writings of contemporary feminist critics Michele Wallace and bell hooks, black women have been writing about the multiple jeopardies--racism, sexism, and classicm--that have made it imperative for them to forge a brand of feminism uniquely their own.Comment:
Collins, Patricia Hill. Black Feminist Epistemology2007, In Craig J. Calhoun (ed.), Contemporary Sociological Theory. Blackwell. pp. 327.-
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Abstract: US black feminist thought reflects the interests and standpoint of its creators. Indeed, White men have control over knowledge. And, Black women's ideas have been controlled by White men interpretation of the world. This means that Black feminist thought can best be viewed as subjugated knowledge.Comment:
Collins, Patricia Hill. Defining black feminist thought1997, In Linda J. Nicholson (ed.), The Second Wave: A Reader in Feminist Theory. Routledge.-
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Introduction: ... A definition of Black feminist thought is needed that avoids the materialist position that being Black and/or female generates certain experiences that automatically determine variants of a Black and/or feminist consciousness. Claims that Black feminist thought is the exclusive province of African-American women, regardless of the experiences and worldview of such women, typify this position. But a definition of Black feminist thought must also avoid the idealist position that ideas cna be evaluated in isolation from the groups that create them. Definitions claiming that anyone can produce and develop Black feminist thought risk obscuring the special angle of vision that Black women bring to the knowldege production process.Comment:
Collins, Patricia Hill. Social Inequality, Power, and Politics: Intersectionality and American Pragmatism in Dialogue2012, Journal of Speculative Philosophy 26 (2):442-457.-
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Introduction: June Jordan (1992) had her eye set on an understanding of freedom that challenged social inequality as being neither natural, normal, nor inevitable. Instead, she believed that power relations of racism, class exploitation, sexism, and heterosexism were socially constructed outcomes of human agency and, as such, were amenable to change. For Jordan, the path toward a reenvisioned world where 'freedom is indivisible' reflected aspirational political projects of the civil rights and Black Power movements, feminism, the antiwar movement, and the movement for gay and lesbian liberation. These social justice projects required a messy politics of taking the risks that enabled their participants to dream big dreams.Comment:
Conly, Sarah. One Child: Do We Have a Right to More?2016, Oxford: Oxford University Press.-
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Added by: Rochelle DuFord
Summary: A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked population. We live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist. Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one's body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future.Comment: This book would be an excellent resource for an upper-division course on population ethics, ethcs of reproduction, autonomy, or human rights. It would also serves as a good overview of positions in population ethics or as a supplement to a class on environmental ethics and future generations.
Coombe, Rosemary J.. The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy.1993, Canadian Journal of Law and Jurisprudence 6(2): 249-285.-
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Added by: Erich Hatala Matthes
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.Comment: In this wide-ranging essay, Coombe situates debates about cultural appropriation in the context of colonial power dynamics. She discusses both appropriation of styles and stories as well as alienation of material cultural property. In particular, she criticizes the appeal to Western conceptions of property in these debates, and questions whether Native identity and autonomy can be appropriately protected by subsuming Native intangible cultural property claims under Western frameworks for intellectual property. This is a long and challenging essay, best used for more advanced courses. Alternative texts that capture some of the ideas here include Loretta Todd's "Notes on Appropriation" (on which Coombe draws), or, for a text that situates some of these ideas in the literature on epistemic injustice, see Erich Hatala Matthes, "Cultural Appropriation without Cultural Essentialism?".
Cordova, Viola. Ethics: The We and the I2004, In: American Indian Thought: Philosophical Essays. Anne Waters (ed.), Blackwell (Oxford).-
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Added by: Sonja Dobroski and Quentin PharrAbstract:
This book brings together a diverse group of American Indian thinkers to discuss traditional and contemporary philosophies and philosophical issues. The essays presented here address philosophical questions pertaining to knowledge, time, place, history, science, law, religion, nationhood, ethics, and art, as understood from a variety of Native American standpoints. Unique in its approach, this volume represents several different tribes and nations and amplifies the voice of contemporary American Indian culture struggling for respect and autonomy. Taken together, the essays collected here exemplify the way in which American Indian perspectives enrich contemporary philosophy.Comment:
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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."