Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...) favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

Guarding against reliance on his own biography and romantic tendencies in Bildungsroman literature, I draw parallels to Ludwig Wittgenstein’s use of the journey trope and place-based inquiry in the Philosophical Investigations, as an exploration of concept development and confusion that exhorts and guides readers in traversing the borderlands of their own cultural–linguistic practices. l recall Wittgenstein’s journey in search of himself: his retreat from Cambridge to a remote hut in Norway, leading him on a philosophical search for meaning. This self-transformative (...) (Bildung) process of writing the Philosophical Investigations offers new ways for thinking the concept of ‘place’: not the bounding limit of things/beings; rather, working through the linguistic turn in philosophy, as potentially meaningful ‘sites’ in conceptually familiar/unfamiliar landscapes of native languages. The Investigations also carries ancient Heraclitian and Homeric tropes of homecoming and authenticity: ‘searching ourselves’ and ‘becoming who we are’, as found in Wittgenstein’s call to ‘know our way about’—rediscovering the grammatical order operating out of view but pervading the world as we see and know it, as well as setting its limits. Awareness of different languages of place is crucial to appreciating Indigenous discourses of Land-based education—a topic central to discussions of incorporating Indigenous knowledge while decolonizing education. Rethinking Bildungsroman literature in postcolonial terms—through the lens of reconciliation, renaissance, and resurgence —I call for careful listening to Indigenous peoples’ storied landscapes instead of fact-checking them: recognizing their sovereign right to self-govern their own education and resources. The goal is not to assess the truths of Land-based education, as in some epistemological inquiries, nor to make them accessible as pedagogical resources or instruments for non-Indigenous educators. The aim rather is to promote respect for its deep, nearly inaccessible context within Indigenous grammars and ways of life. (shrink)