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Coleman, Elizabeth Burns, Rosemary J. Coombe, Fiona MacArailt. A Broken Record: Subjecting ‘Music’ to Cultural Rights
2012, 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 MatthesSummary: 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.
Harding, Sarah. Justifying Repatriation of Native American Cultural Property
1997, Indiana Law Journal 72(3): 723-74.
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Added by: Erich Hatala MatthesSummary: 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.Comment: This is a long law review article, and so is best for more advanced classes. It is a useful text for instructors who are interested in exploring cultural property issues in a legal but philosophically informed context. One can also assign only certain sections focusing on particular issues. For a shorter article that also promotes a stewardship model, the Warren paper is a good substitute, though not likewise embedded in the legal issues (and written before the passage of NAGPRA).
Thompson, Janna. Art, Property Rights, and the Interests of Humanity
2004, Journal of Value Inquiry 38(4): 545-560.
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Added by: Erich Hatala MatthesSummary: 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.Comment: This paper pairs well with Kwame Anthony Appiah's 'Whose Culture Is It, Anyway?' or Peter Lindsay's "Can We Own the Past? Cultural Artifacts as Public Goods." It is particularly good at engaging questions about the universal value of art and its implications for ownership introduced in those texts.
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 MatthesSummary: 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.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."
Appiah, Kwame Anthony. Whose Culture Is It, Anyway?
2007, in Cosmopolitanism: Ethics in a World of Strangers. New York, London: W. W. Nortion & Company.
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Added by: Erich Hatala MatthesSummary: 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.Comment: This text offers a clear and effective overview of philosophical issues concerning cultural property, and uses a range of cultural and artistic examples. It offers a concise summary of the legal scholar John Merryman's classic article in support of internationalism about cultural property (not included in this curriculum). It pairs well with Lindsay's article.
Coleman, Elizabeth Burns. Cultural Property and Collective Identity
2006, In Returning (to) Communities: Theory, Culture and Political Practice of the Communal, edited by Stefan Herbrechter and Michael Higgins: Brill.
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Added by: Erich Hatala MatthesSummary: 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.Comment: Though focused on a reading that is not included in this curriculum, this text pairs well with, for instance, the Appiah, Thompson, or Young readings in this module, or any other article that raises questions about cultural continuity over time.
Warren, Karen J.. A Philosophical Perspective on the Ethics and Resolution of Cultural Property Issues
1989, In The Ethics of Collecting Cultural Property, edited by Phyllis Mauch Messenger. USA: University of New Mexico Press.
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Added by: Erich Hatala MatthesSummary: 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.Comment: Due to its clear and organized approach, this article is an excellent teaching resource, and a good choice in particular if you plan to do a single reading on repatriation issues. While it often focuses more on summary than developing the many argumentative approaches mentioned, it offers a helpful backbone for further discussion.
Thompson, Janna. Cultural Property, Restitution and Value
2003, Journal of Applied Philosphy 20(3): 251-262
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Added by: Erich Hatala MatthesSummary: 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.Comment: This text offers a helpful introduction to cultural property and repatriation that is clear, readable, and concise. It is a good choice if you only have time for a single reading on this topic, but it also pairs well with most other readings in this module.
Finlayson, Lorna. The Political is Political: Conformity and the Illusion of Dissent in Contemporary Political Philosophy
2015, London: Rowman and Littlefield International
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Added by: Carl Fox, Contributed by: Emily DysonPublisher'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.Comment: Good further or advanced reading on the methodology of political philosophy, and an incredibly illuminating critical complement to a Rawls-heavy syllabus. Finlayson provides an interesting and challenging critique of liberal presuppositions that are widespread in political philosophy. Individual chapters would also make very good further or advanced reading in their own right, especially the chapters on Rawls, the norm of philosophical charity, speech acts and silencing, and political realism.
Chambers, Clare, Phil Parvin. Teach Yourself Political Philosophy: A Complete Introduction
2012, Hodder & Stoughton.
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Added by: Carl FoxPublisher's Note: Written by Phil Parvin and Clare Chambers, who are current political philosophy lecturers and leading researchers, Political Philosophy - The Essentials is designed to give you everything you need to succeed, all in one place. It covers the key areas that students are expected to be confident in, outlining the basics in clear jargon-free English, and then providing added-value features like summaries of key thinkers, and even lists of questions you might be asked in your seminar or exam. The book's structure follows that of most university courses on political philosophy, by looking at the essential concepts within political philosophy (freedom, equality, power, democracy, rights, the state, political obligation), and then looking at the ways in which political philosophers have used these fundamental concepts in order to tackle a range of normative political questions such as whether the state has a responsibility to alleviate inequalities, and what interest liberal and democratic states should take in the cultural or religious beliefs of citizens.Comment: 'Phil Parvin and Clare Chambers have produced a state of the art textbook, which provides students with a comprehensive and bang up-to-date introduction to contemporary political philosophy. Topics are introduced in a clear and eminently readable fashion, using accessible real world examples whilst drawing on sophisticated scholarly literature. There is no comparable book which covers such a wide range of topics in such a student-friendly manner.' (Dr Daniel Butt, Lecturer in Political Theory, University of Bristol.) 'A lively, accessible and engaging read. Comprehensive and well organized, it provides an updated account of key concepts in contemporary political philosophy, and highlights their relevance to political life in the 21st century. A valuable book for anyone taking their first steps in the world of political philosophy, or anyone who seeks to understand the normative challenges faced by our society today.' (Dr Avia Pasternak, Lecturer in Political Theory, University of Essex.) 'Written in a clear and accessible style, it is an engaging introduction for those who are new to political philosophy and wish to think through some of its most important questions. In addition to offering outlines of key arguments, each chapter also contains a summary of main concepts, self-test questions, a wonderful selection of quotations and some attention-grabbing 'nuggets'' (Dr Zosia Stemplowska, University Lecturer in Political Theory, University of Oxford) 'Phil Parvin and Clare Chambers have produced a state of the art textbook, which provides students with a comprehensive and bang up-to-date introduction to contemporary political philosophy. Topics are introduced in a clear and eminently readable fashion, using accessible real world examples whilst drawing on sophisticated scholarly literature. There is no comparable book which covers such a wide range of topics in such a student-friendly manner.' (Dr Daniel Butt, Lecturer in Political Theory, University of Bristol.) 'A lively, accessible and engaging read. Comprehensive and well organized, it provides an updated account of key concepts in contemporary political philosophy, and highlights their relevance to political life in the 21st century. A valuable book for anyone taking their first steps in the world of political philosophy, or anyone who seeks to understand the normative challenges faced by our society today.' (Dr Avia Pasternak, Lecturer in Political Theory, University of Essex.) 'Written in a clear and accessible style, it is an engaging introduction for those who are new to political philosophy and wish to think through some of its most important questions. In addition to offering outlines of key arguments, each chapter also contains a summary of main concepts, self-test questions, a wonderful selection of quotations and some attention-grabbing 'nuggets'' (Dr Zosia Stemplowska, University Lecturer in Political Theory, University of Oxford)