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)

This article reflects on the received view of the rupture which constitutes the beginning of a critical, ethical, political and legal opening, the understanding of which inhabits the cry of, and response to, injustice. It takes the very critique that feeds into, and is distorted by, practical reasoning, as its point of departure. Grasping this rupture as the complementary relation between deconstruction and radical alterity, would entail unreflectively accepting a certain kind of truthfulness—truthfulness as [in]correctness, manifesting in a relationship that (...) involves rootless and controlling movement of making and unmaking of world. In closely reading Wittgenstein and Heidegger on the level of seeing, showing and saying, truthfulness is shown to contain an essential tension between, on the one hand, the Socratic, metaphysically-bound notion of beingness, correctness and meaning-steering and, on the other hand, the pre-Socratic notion of unconcealment (a-lethia), which, pointing even earlier than pre-Socratics into aboriginality, involves attentive letting of gliding in the inexpressible saying of language. While steering is about generating new possibilities of expressibility, gliding is about poetic dwelling, or enduring inexpressibility as a constitutive part of saying. Although aletheia is taken to be the key influence on rootless post-foundational thinking, it is argued that unconcealment involves letting and enduring the presencing inexpressibility of place and home-coming, that is, worlding-rootedness; thus showing Heidegger’s originary politics as the district of the uncanny to be about worlding that attentively lets the presencing inexpressibility of earth be as place. In reading Heidegger’s views on humanism, beginning and language, the argument links inexpressibility—essentially and historically—to the grasping of the belongingness together of world, earth and place, viewing this belongingness as key to both the saying of art and of mortals dwelling together temporally, spatially, materially in a manner always strange to, and nearer than, the steering/controlling of beingness, time, space and place that the very gesture and emergence of critique is captive of and is not capable of attuning to and capturing. Art always estranges the metaphysical cycle of correctness which preserves pain and suffering—a cycle that inhabits a double bind of responding to violence and injustice generated by the violence of metaphysics with metaphysical violence and justice. In showing essential strife within truthfulness itself, Heidegger points to even greater and earlier problematic than the pre-Socratics—to the painful core of inexpressibility between the ontology of steering time, spaces and material—steering places—and the gliding temporality, spatiality and materiality of ontology of place. (shrink)

Nach einem weit verbreiteten Urteil gibt Kant der Ökonomie in seinem Werk keinen nennenswerten Raum. Die vorliegende Studie widerlegt dies, indem sie Kants Äußerungen zu ökonomischen Themen systematisiert: zur Selbstständigkeit, zum Kaufmann, zum Handel, zum Geld, zur „Staatswirthschaft" sowie zum technischen Fortschritt. Sie erschließt Kants Ökonomie aus der Ergänzung rechtlicher und ethischer Pflichten durch deren anthropologische Ausführungsbedingungen. Dabei geht sie aus von einem zeitgenössischen Verständnis der Ökonomie als Wissenschaft vom Wohlstand. Im deutschsprachigen Raum des 18. Jahrhunderts konkurrieren hier drei Paradigmen (...) miteinander: das aristotelische, das smithianische und das kameralistische. Sie identifizieren jeweils das Haus, den Markt oder den Staat als zentrale Handlungssphäre der Ökonomie. Die Studie kommt zu dem Schluss, dass Kants praktische Philosophie für Ergänzungen aus jeder dieser ökonomischen Handlungssphären offen ist, solange diese freiheitliche Prinzipien erfüllen; sie ist damit nicht, wie gelegentlich behauptet, auf eine einzige Wirtschaftsordnung festgelegt, etwa auf eine rein marktliberale. Relevant ist dies für die Kant-Forschung, für die Wirtschaftsphilosophie sowie für die Ideengeschichte. (shrink)

Contemporary political theory (CPT) has approached questions of plurality and diversity by drawing rather implicitly on anthropological accounts of difference. This was the case with the ‘cultural turn’, which significantly shaped theories of multiculturalism. Similarly, the current ‘ontological turn’ is gaining influence and leaving a marked impact on CPT. I examine the recent turn and assess both the possibilities it offers and the challenges it poses for decentering CPT and opening radical, decolonial avenues for thinking difference otherwise. I take Paul (...) Nadasdy's critique of the ontological turn as an invitation to reflect on the methodological precepts that inform how the field frames the scope and limits of comparison. In pursuit of this, I examine the Zapatistas’ notion of a ‘world of many worlds’, which provides a way of approaching difference that captures the generative aspects of the ontological turn while avoiding the pitfalls of relativism and political inertia. I argue that the Zapatistas’ insights offer ethical guidance towards social and ecological thriving. Ultimately, my goal is to move CPT towards a more capacious form of making sense of what is out there in the world, and thus make room for better ways of inhabiting the Earth. (shrink)

CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...) tiveram início, a qual para ele assume um caráter divino, Newton aponta para um Deus sábio e poderoso e responsável pela ordem inteligente e pela a harmonia das leis físicas e universais de tudo o que existe – Deus como criador e preservador da ordem do universo. Há ainda a analogia do conceito de Deus com o espaço e o tempo, na medida em que ambos comunicam infinitude e onipresença. Por fim, nas considerações finais apontarei a importância de Newton para a metafísica moderna e como os seus estudos contribuíram para uma visão posterior do universo e suas leis e do homem enquanto ser pensante. (shrink)

This article investigates the articulation of political demands by Khulumani, a South African a victim support group. The analysis of their demands is situated in the context of their response to the shortcomings of the TRC and the failures of the South African government to live up to their promises and commitments on reparation for victims of gross human rights abuses under apartheid. The article draws on a post-structuralist approach to discourse analysis, in particular on the work of Laclau and (...) Rancière, to analyse the processes through which demands appear on the political stage and are articulated in response to other political projects. Concretely it traces out the change from a discourse of ‘reconciliation’ to one of ‘redress’, showing how the latter opens up a new horizon of political imagination and action. (shrink)

This chapter links a conception of global justice, moral cosmopolitanism, with plurinational democracies. After giving a brief description of moral cosmopolitanism, I go on to analyse notions of cosmopolitanism and patriotism in Kant's work and the political significance that the notion of unsocial sociability and the Ideas of Pure Reason of Kant's first Critique have for cosmopolitanism. Finally, I analyse the relationship between cosmopolitanism and minority nations based on the preceding sections. I postulate the need for a moral and institutional (...) refinement of democracies and international society that is better able to accommodate national pluralism than has so far been achieved by traditional liberal constitutionalism and cosmopolitanism. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

In this paper, I delineate one tradition of contemporary political thought that has emerged within the more general climate of difference and diversity. This is ‘agonistic pluralism’. The paper evaluates the recent work of three authors, who exemplify this strand of political thinking; William Connolly, Chantal Mouffe, and James Tully. Over the past decade, each of these three has developed the notion of agonistic pluralism. The task here is to examine points of comparison between them. I compare the three authors' (...) conceptions of politics and of the dimension of the political. I make the case that their work complements one another, they each endorse broad notions of the political; and they understand politics to be constitutive of social relations. Nevertheless, the forms of politics that they describe differ from one another. It is my contention that these forms of politics are interdependent and mutually reinforcing. However, I maintain that in order for their work to be understood in this way, the political practices described by Connolly and Tully — struggles for self-making and for recognition respectively — must be re-figured as forms of sub-constitutional politics. These forms of politics will make up necessary elements of a viable pluralist society, but they are played out within multiple public spheres made possible by — what we might call — the quasi-republican political constitution elaborated by Mouffe. (shrink)

The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the spirit of (...) the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. (shrink)

This article addresses the question of how, if at all, citizens can sustain an effective sense of political belonging without sacrificing other sources of ethical identity. We begin with a critical analysis of Rousseau's classic considerations of politics and religion, which concludes that membership of a sub-political ethical community is incompatible with an effective sense of political belonging. This critique leads us to a consideration of the basic character of contemporary constitutional-democratic polities (drawing on the work of James Tully) and (...) of Waldron's account of the circumstances of politics. These considerations are developed into the claim that we can identify two sources of political belonging: recognition and acknowledgement - which correspond to two aspects of democratic citizenship: as status and as mode of being. On the basis of this claim, we argue that an effective sense of political belonging can be compatible with membership of sub-political ethical communities iff members of the political community are characterised by the majoritarian virtue of civic responsiveness and the minoritarian virtue of civic endurance. We sketch the character of these virtues and the relationship to one another in arguing that only the widespread presence of both kinds of virtue is sufficient to secure citizens' confidence in the polity and hence its stability. (shrink)

This article suggests that an epistemological and ontological pluralist perspective may enable human beings to cooperate each other and live with less injustice. Intercultural cooperation may help for a reformulation of the Human rights in order to consider aspects of different ways of life like the variations of moral, political and judicial norms. I expound that Liberal pluralism does not respond adequately to present day multiculturalism. Additionally, I explain that Human rights are not inclusive norms for all ways of life. (...) -/- I definitely sustain that some communities do not have to agree to live in the same moral world as others, but, that it is indeed necessary to know each other’s differences so as to be able to respect them. (shrink)

The article addresses the implications of Prevent and Channel for epistemic justice. The first section outlines the background of Prevent. It draws upon Moira Gatens and Genevieve Lloyd’s concept of the collective imaginary, alongside Lorraine Code’s concept of epistemologies of mastery, in order to outline some of the images and imaginaries that inform and orient contemporary counter-terrorist preventative initiatives, in particular those affecting education. Of interest here is the way in which vulnerability is conceptualised in Prevent and Channel, in particular (...) the way in which those deemed ‘at risk of radicalisation’ are constituted as vulnerable and requiring intervention. The imaginary underpinning such preventative initiatives is, I argue, a therapeutic/epidemiological one. If attention is paid to the language associated with these interventions, one finds reference to terms such as contagion, immunity, resilience, grooming, virus, susceptibility, therapy, autonomy, vulnerability and risk—a constellation of images/concepts resonant with therapeutic and epidemiological theories and practices. I outline some of the implications of this therapeutic/epidemiological imaginary for epistemic injustice. If people, in this case, students, teachers and parents, feel that their voice will not be given credence, this leads to testimonial injustice. If one group is constituted as a suspect community, this risks hermeneutical injustice for that group—a situation facing Muslims at present. Given the requirements for educators and educational institutions to enact this particular iteration of preventative counter-terrorist legislation, the way in which vulnerability is understood and operationalised has direct bearing upon education and the educational experience of all stakeholders, in particular in relation to the conditions for epistemic justice. (shrink)

If you do not wish to construe philosophical discourse as simply a discourse of cognition, a theoretical discourse; if you think it is also a practical, ethical discourse: how should you write? How should you frame the ethos, the authority of your discourse? This article re‐presents an extended preface I wrote and rewrote obsessively over a period of nearly two years in an effort to forge a voice and mode of address adequate to my sense of philosophical discourse as a (...) practical discourse, whilst also being accountable to the generic requirements of a PhD. As the textual record of this struggle, the value of this text must remain primarily in its capacity to evoke or provoke similar generic memories or ambitions in the reader. (shrink)

Progressive educators must find ways of addressing the unconscious investments of desire that subvert free actions if they want to inspire just practices. This essay takes up that challenge, describing what a Deleuzian pedagogy might look like and what it can do by combining an exploration of learning, ethics and autonomy in Difference and Repetition with the activation of Deleuzo-Guattarian thought in contemporary Communities of Philosophical Inquiry.