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  1. Ethical Education as a Normative Philosophical Perspective.Ignace Haaz - manuscript
    Part of education as interactive exercise is related to a community of practitioners, a dialogue based philosophy of morals which supposes ethical normative characteristics of the discourse. This normative layer can be interpreted either in relation to the lifeworld, i. e. to the understanding of the good life. Alternatively, it can be realized in relation to some cultural rights, since a mutual recognition based ethics, aiming at highlighting culture as necessary feature of human dignity, can explain an ultimate goal of (...)
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  2. Remixing Rawls: Constitutional Cultural Liberties in Liberal Democracies.Jonathan Gingerich - 2019 - Northeastern University Law Review 11 (2):523-588.
    This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...)
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  3. Cultural Appropriation and Oppression.Erich Matthes - 2019 - Philosophical Studies 176 (4):1003-1013.
    In this paper, I present an outline of the oppression account of cultural appropriation and argue that it offers the best explanation for the wrongfulness of the varied and complex cases of appropriation to which people often object. I then compare the oppression account with the intimacy account defended by C. Thi Nguyen and Matt Strohl. Though I believe that Nguyen and Strohl’s account offers important insight into an essential dimension of the cultural appropriation debate, I argue that justified objections (...)
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  4. Cultural Appropriation and the Intimacy of Groups.C. Thi Nguyen & Matthew Strohl - 2019 - Philosophical Studies 176 (4):981-1002.
    What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared practices (...)
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  5. Cultural Appropriation and the Limits of Identity: A Case for Multiple Humanity(Es).Michael Onyebuchi Eze - 2018 - Chiedza 20 (1):8-31.
    examine the dominant conversations on cultural appropriation. The first part of the essay will examine the ideological configuration of what constitutes cultural appropriation (hereafter as CA) first, as the politics of the diaspora and second, within a normative understanding of culture and its diachronic contradictions. This will be followed by a critical reevaluation of our subject theme as primarily a discourse of power with multiple implications. Framed as a discourse of power, CA is equally exposed to ideological distortions, and its (...)
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  6. A Defence of Moderate Communitarianism: A Place of Rights in African Moral-Political Thought.Motsamai Molefe - 2018 - Phronimon 18:181 - 203.
    This article attempts to defend Kwame Gyekye’s moderate communitarianism (MC) from the trenchant criticism that it is as defective as radical communitarianism (RC) since they both fail to take rights seriously. As part of my response, I raise two critical questions. Firstly, I question the supposition in the literature that there is such a thing as radical communitarianism. I point out that talk of radical communitarianism is tantamount to attacking a “straw-man.” Secondly, I question the efficacy of the criticism that (...)
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  7. Culture traditionnelle et criminalité dans la société japonaise.Jessica Lombard - 2017 - AJ Pénal 5:222-224.
    En matière de criminalité, le Japon fait figure d’exception. La population incarcérée y diminue en moyenne de 3,6 % par an et le taux de criminalité est en baisse depuis 2007. La densité d’incarcération dans les prisons japonaises n’est que de 74 % contre 120 % en France en avril 2017. Le Japon partage l’appareil démocratique et le développement économique des pays occidentaux mais se distingue par son éloignement géographique et culturel. Or les sciences criminologiques étudiant la philosophie d’un pays (...)
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  8. Resolving the Debate on Libertarianism and Abortion.Jan Narveson - 2016 - Libertarian Papers 8:267-272.
    I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose rights are violated. Hence the “liberal” view of abortion: women (especially) may decide whether to bear the children they have conceived. Birth is a good (...)
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  9. Tentacles of the Leviathan? Nationalism, Islamophobia, and the and the Insufficiency-yet-Indispensability of Human Rights for Religious Freedom in Contemporary Europe.Jason A. Springs - 2016 - Journal of the American Academy of Religion 84 (3).
    Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty in (...)
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  10. Which Takes Precedence: Collective Rights or Culture?William Conklin - 2015 - In Almed Momeni-Rad, Arian Petoft & Alireza Sayadmansom (eds.), Cultural Rights: an Anthology. Tehran, Iran: Iranian Cultural Services Society. pp. 115-152.
    This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...)
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  11. Intellectual Property is Common Property: Arguments for the Abolition of Private Intellectual Property Rights.Andreas Von Gunten - 2015 - buch & netz.
    Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And it (...)
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  12. Secession, Law, and Rights: The Case of the Former Yugoslavia.Daniel Kofman - 2000 - Human Rights Review 1 (2):9-26.
    A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, the Republic of Bosnia and (...)
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  13. Staatsbürgerliche Identität und Selbstachtung im jüdischen Staat: eine Rawls'sche Perspektive.José Brunner & Yoav Peled - 1995 - Deutsche Zeitschrift für Philosophie 43 (2):329-348.
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  14. Defense with Dignity: How the Dignity of Violent Resistance Informs the Gun Rights Debate.Dan Demetriou - manuscript
    Abstract: Perhaps the biggest disconnect between philosophers and non-philosophers on gun rights is over the importance of arms to our dignitary interests. This essay argues that we have a strong prima facie moral right to resist with dignity and that (with certain qualifications) violent resistance is more dignified than nonviolent resistance. Since in some cases dignified resistance will require violence, and since effective violent resistance will sometimes require guns, we have a strong prima facie right to own or carry guns (...)
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