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)

In this paper, I argue that a principle of rectification for past wrongdoings could and should be added to Rawls's Law of Peoples on the ground that unrectified past injustice undermines the notion of equality of peoples. I base this work on a conception of rectification that includes apologies as well as economic compensation, and I focus on the step of compensation. To do so, I briefly discuss how the maximin decision rule can adapt to the second original position. To (...) address the compatibility of rectificatory justice with Rawls's work, I focus on the strains of commitment and consider Rawls's account of peoples' fundamental interests. Rawls's conception of international justice needs to be responsive to peoples' fundamental interest in equality, which calls for proper protection of their means of self‐respect. Although the moral imbalance stemming from past injustice is overlooked in The Law of Peoples, I show that Rawls's theoretical framework can ground a principle of rectification. (shrink)

Journal of Social Philosophy, EarlyView.

The term “social world” is increasingly familiar in philosophy and political theory. Rawls uses it quite often, especially in his later works. But there has been little explicit discussion of the term and the idea of social worlds. My aim in this paper is to show that political philosophers, Rawlsian or not, should think seriously about social worlds and the roles these things play and ought to play in their work. The idea of social worlds can help political philosophers think (...) about what they do in new and fruitful ways and enrich debates about the roles, aims, and methodology of political philosophy. I begin by analyzing Rawls’s uses of “social world.” I then propose a broadly Rawlsian conception of social worlds as logically possible closed networks of social relations between agents. Next, I put this conception to work, arguing that the idea of navigating the landscape of social worlds can help us better understand the four apparently disparate roles of political philosophy that Rawls presents. Moving beyond Rawls interpretation, I use the idea of social worlds to develop an analogy and distinction between world-oriented and principle-oriented approaches to political philosophy. While principle-oriented approaches grant centrality and importance to engagement with principles of justice, legitimacy, or other political concepts, world-oriented approaches grant centrality and importance to engagement with social worlds. I propose two examples of world-oriented approaches, political philosophy as navigation and political philosophy as world-building, and argue that they are viable and worthy of further consideration. (shrink)

Tragedy and Citizenship provides a wide-ranging exploration of attitudes toward tragedy and their implications for politics. Derek W. M. Barker reads the history of political thought as a contest between the tragic view of politics that accepts conflict and uncertainty, and an optimistic perspective that sees conflict as self-dissolving. Drawing on Aristotle's political thought, alongside a novel reading of the Antigone that centers on Haemon, its most neglected character, Barker provides contemporary democratic theory with a theory of tragedy. He sees (...) Hegel's philosophy of reconciliation as a critical turning point that results in the elimination of citizenship. By linking Hegel's failure to address the tragic dimensions of politics to Richard Rorty, John Rawls, and Judith Butler, Barkeroffers a major reassessment of contemporary political theory and a fresh perspective on the most urgent challenges facing democratic politics. Derek W. M. Barker is a program officer at the Kettering Foundation. (shrink)

In Political Liberalism, J. Rawls describes a meta-ethical procedure — political constructivism — whereby political theorists formulate political principles by assembling and reworking ideas from the public political culture. To many of his moral realist and moral constructivist critics, Rawls's procedure is simply a recent version of the “popular moral philosophy” that Kant excoriates in the Groundwork for the Metaphysics of Morals. I defend the idea of political constructivism on philosophical and political grounds. I argue that political constructivism is the (...) best available methodology for self-legislating, socially embedded and fallible human beings; then I show that political constructivism may produce principles that could garner the principled assent of Euro-American Muslims such as Taha Jabir Al-Alwani. The article considers how political constructivism might be employed to formulate new political principles for Euro-American societies experiencing and confronting the Islamic revival. [R]. (shrink)

Ha llegado a ser un lugar común aseverar la influencia de Kant en la obra de Rawls; sin embargo, el constructivismo político significó un rechazo del universalismo que es imposible explicar en términos kantianos. Lo que sigue es un intento de evaluar la tesis del consenso superpuesto a la luz de la concepción general de la filosofía política y la razón práctica en Hegel.