Ethics, Policy & Environment, Volume 14, Issue 3, Page 345-359, October 2011.

Too often, identifying practices of silencing is a seemingly impossible exercise. Here I claim that attempting to give a conceptual reading of the epistemic violence present when silencing occurs can help distinguish the different ways members of oppressed groups are silenced with respect to testimony. I offer an account of epistemic violence as the failure, owing to pernicious ignorance, of hearers to meet the vulnerabilities of speakers in linguistic exchanges. Ultimately, I illustrate that by focusing on the ways in which (...) hearers fail to meet speaker dependency in a linguistic exchange, efforts can be made to demarcate the different types of silencing people face when attempting to testify from oppressed positions in society. (shrink)

Drawing parallels between gender essentialism and cultural essentialism, I point to some common features of essentialist pictures of culture. I argue that cultural essentialism is detrimental to feminist agendas and suggest strategies for its avoidance. Contending that some forms of cultural relativism buy into essentialist notions of culture, I argue that postcolonial feminists need to be cautious about essentialist contrasts between "Western" and "Third World" cultures.

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity of (...) backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

My primary aims in this paper are to explain what exploitation is, when it’s wrong, and what makes it wrong. I argue that exploitation is not always wrong, but that it can be, and that its wrongness cannot be fully explained with familiar moral constraints such as those against harming people, coercing them, or using them as a means, or with familiar moral obligations such as an obligation to rescue those in distress or not to take advantage of people’s vulnerabilities. (...) Its deepest wrongness, I argue, lies in our moral obligation not to extract excessive benefits from people who cannot, or cannot reasonably, refuse our offers. (shrink)

Heritage has burgeoned over the past quarter of a century from a small e;lite preoccupation into a major popular crusade. Everything from Disneyland to the Holocaust Museum, from the Balkan wars to the Northern Irish troubles, from Elvis memorabilia to the Elgin Marbles bears the marks of the cult of heritage. In this acclaimed book David Lowenthal explains the rise of this new obsession with the past and examines its power for both good and evil.

Women as commercial baby factories, nature as an economic resource, life as one big shopping mall: This is what we get when we use the market as a common ...

In this remarkably wide-ranging book Professor Lowenthal analyses the ever-changing role of the past in shaping our lives. A heritage at once nurturing and burdensome, the past allows us to make sense of the present whilst imposing powerful constraints upon the way that present develops. Some aspects of the past are celebrated, others expunged, as each generation reshapes its legacy in line with current needs. Drawing on all the arts, the humanities and the social sciences, the author uses sources as (...) diverse as science fiction and psychoanalysis to examine how rebellion against inherited tradition has given rise to the modern cult of preservation and pervasive nostalgia. Profusely illustrated, The Past is a Foreign Country shows that although the past has ceased to be a sanction for inherited power or privilege, as a focus of personal and national identity and as a bulwark against massive and distressing change it remains as potent a force as ever in human affairs. (shrink)

Nature and culture are usually treated as opposites. Nature, on this conception, is on the wane as a result of culture. A fresh analysis of the relation between these two terms in the light of the notion of “cultural landscapes” is needed. This account allows for nature to be understood as an important, distinctive category, even while granting the constitutive role of the culturally structured gaze. Culture and nature need not be conceived in opposition to each other, for it makes (...) sense to speak of, and pursue, a culture of nature. These considerations have important consequences for natural heritage conservation. (shrink)

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because (...) of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing (...) the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue. (shrink)

This is a defense of black reparations using the theory of reparations set out in John Locke''s The Second Treatise of Government. I develop two main arguments, what I call the ``inheritance argument'''' and the ``counterfactual argument,''''both of which have been thought to fail. In no case do I appeal to the false ideas that present day United States citizens are guilty of slavery or must pay reparation simply because the U.S. Government was once complicit in the crime.

In Arizona, a white family buys a Navajo-style blanket to be used on the guest-room bed. Across the country in New York, opera patrons weep to the death scene of Madam Butterfly.These seemingly unrelated events intertwine in Cannibal Cultureas Deborah Root examines the ways Western art and Western commerce co-opt, pigeonhole, and commodify so-called "native experiences." From nineteenth-century paintings of Arab marauders to our current fascination with New Age shamanism, Root explores and explodes the consumption of the Other as a (...) source of violence, passion, and spirituality.Through advertising images and books and films like The Sheltering Sky, Cannibal Culturedeconstructs our passion for tourism and the concept of "going native," while providing a withering indictment of a culture in which every cultural artifact and ideology is up for grabs--a cannibal culture. This fascinating book raises important and uncomfortable questions about how we travel, what we buy, and how we determine cultural merit. Travel--be it to another country, to a museum, or to a supermarket--will never be the same again. (shrink)

Museums are home to millions of artworks and cultural artifacts, some of which have made their way to these institutions through unjust means. Some argue that these objects should be repatriated (i.e. returned to their country or culture of origin). However, these arguments face a series of philosophical challenges. In particular, repatriation, even if justified, is often portrayed as contrary to the aims and values of museums. However, in this paper, I argue that some of the very considerations museums appeal (...) to in order to oppose repatriation claims can be turned on their heads and marshaled in favor of the practice. In addition to defending against objections to repatriation, this argument yields the surprising conclusion that the redistribution of cultural goods should be much more radical than is typically supposed. (shrink)

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider the extent to which they align with (...) the current practices that they are intended to justify. (shrink)

Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second part (...) I suggest that, to provide a normatively defensible account of why sometimes agents who are attached to certain external objects might also have special claims over them, the most important consideration is whether the agents making such claims suffer from structural injustice in the present. In the third part I try to explain why structural injustice matters, in what way attachment-based claims relate to it and when they count. (shrink)

Museum codes of ethics stress the importance of preservation, knowledge and access, but they remain silent on the justificatory framework of the duty of care museums have to the objects in their collections and on museums' obligations towards their public. In this essay I propose a triangular framework for understanding the duty of care museums have, according to which it is shaped by the need to negotiate an object's transit from past to future in such a way as to secure (...) that object's future significance. The account provided of transit to the future is underwritten by a model of trust as entrusting. Hence, museums' duty to care for the objects in their collections is found to be grounded on the demands of the trust relationship, complemented by the respect that is necessary for effective negotiation of the transit from past to future. (shrink)

The question of ethics and their role in archaeology has stimulated one of the discipline's liveliest debates. In this collection of essays, first published in 2006, an international team of archaeologists, anthropologists and philosophers explore the ethical issues archaeology needs to address. Marrying the skills and expertise of practitioners from different disciplines, the collection produces interesting insights into many of the ethical dilemmas facing archaeology today. Topics discussed include relations with indigenous peoples; the professional standards and responsibilities of researchers; the (...) role of ethical codes; the notion of value in archaeology; concepts of stewardship and custodianship; the meaning and moral implications of 'heritage'; the question of who 'owns' the past or the interpretation of it; the trade in antiquities; the repatriation of skeletal material; and treatment of the dead. This important collection is essential reading for all those working in the field of archaeology, be they scholar or practitioner. (shrink)

This article draws together research from various sub-disciplines of philosophy to offer an overview of recent philosophical work on the ethics of historic preservation. I discuss how philosophers writing about art, culture, and the environment have appealed to historical significance in crafting arguments about the preservation of objects, practices, and places. By demonstrating how it relates to core themes in moral and political philosophy, I argue that historic preservation is essentially concerned with ethical issues.

Restoring Layered Landscapes explores ecological restoration in complex landscapes, where ecosystems intertwine with important sociopolitical meanings.

Now, for the first time, a philosopher undertakes a systematic investigation of the moral and aesthetic issues to which cultural appropriation gives rise. Cultural appropriation is a pervasive feature of the contemporary world Young offers the first systematic philosophical investigation of the moral and aesthetic issues to which cultural appropriation gives rise Tackles head on the thorny issues arising from the clash and integration of cultures and their artifacts Questions considered include: “Can cultural appropriation result in the production of aesthetically (...) successful works of art?” and “Is cultural appropriation in the arts morally objectionable?” Part of the highly regarded New Directions in Aesthetics series. (shrink)

Is there something morally wrong with cultural appropriation in the arts? I argue that the little philosophical work on this topic has been overly dismissive of moral objections to cultural appropriation. Nevertheless, I argue that philosophers working on epistemic injustice have developed powerful conceptual tools that can aid in our understanding of objections that have been levied by other scholars and artists. I then consider the relationship between these objections and the harms of cultural essentialism. I argue that focusing on (...) the systematic nature of appropriative harms may allow us to sidestep the problem of essentialism, but not without cost. (shrink)

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a (...) mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

An informative and insightful collection of essays on cultural appropriation, focusing on America's appropriation and use of Native American culture specifically. The topics in this book covers topics from the arts, land, and artifacts to ideas, knowledge, and symbols.

We live in a world confronted by mounting environmental problems; increasing global deforestation and desertification, loss of species diversity, pollution and global warming. In everyday life people mourn the loss of valued landscapes and urban spaces. Underlying these problems are conflicting priorities and values. Yet dominant approaches to policy-making seem ill-equipped to capture the various ways in which the environment matters to us. Environmental Values introduces readers to these issues by presenting, and then challenging, two dominant approaches to environmental decision-making, (...) one from environmental economics, the other from environmental philosophy. The authors present a sustained case for questioning the underlying ethical theories of both of these traditions. They defend a pluralistic alternative rooted in the rich everyday relations of humans to the environments they inhabit, providing a path for integrating human needs with environmental protection through an understanding of the narrative and history of particular places. The book examines the implications of this approach for policy issues such as biodiversity conservation and sustainability.Written in a clear and accessible style for an interdisciplinary audience, this volume will be ideal for student use in environmental courses in geography, economics, philosophy, politics and sociology. (shrink)

Multiculturalism is, by this point, a well-worn topic in social and political philosophy. Still, in what follows, I hope to usefully contribute to the philosophical discussion of multiculturalism by asking and trying to answer some foundational questions about the practical significance of cultural membership. Specifically, I want to investigate the normative concerns associated with the goal of preserving culture. In the first part of this article, I raise questions about the ethics of cultural preservation. Is it a permissible or impermissible (...) goal? If it is permissible, is it obligatory or at least praiseworthy? Does it even make sense to treat the fact that something is part of your culture as the primary reason for valuing or doing it? To what extent should the idea of preserving your culture be seen as in conflict with the valuable orientation of being open to learning from all cultures?In the second part, I consider the politics of cultural preservation, a topic that political p .. (shrink)

Philosophers have used the terms 'impersonal' and 'personal value' to refer to, among others things, whether something's value is universal or particular to an individual. In this paper, I propose an account of impersonal value that, I argue, better captures the intuitive distinction than potential alternatives, while providing conceptual resources for moving beyond the traditional stark dichotomy. I illustrate the practical importance of my theoretical account with reference to debate over the evaluative scope of cultural heritage.

Injustices of the past cast a shadow on the present. They are the root cause of much harm, the source of enmity, and increasingly in recent times, the focus of demands for reparation. In this groundbreaking philosophical investigation, Janna Thompson examines the problems raised by reparative demands and puts forward a theory of reparation for historical injustices. The book argues that the problems posed by historical injustices are best resolved by a reconciliatory view of reparative justice and an approach that (...) explains how people acquire intergenerational responsibilities and entitlements. It ranges in its subject matter from the claims of indigenous people to land stolen from their ancestors to the growing movement for reparations for slavery. The book provides an original and convincing answer to the questions of how citizens can have reparative responsibilities for wrongs committed before they were born, and why descendants of victims may be entitled to compensation for historical injustices such as slavery. It also explains how members of nations can make recompense for injustices of the past without ignoring the inequities of the present.Taking Responsibility for the Past is a significant contribution to philosophical and legal debates about reparative justice, and at the same time an accessible and thought-provoking book for general readers. (shrink)

abstract Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid — especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on the question of whether artefacts (...) should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. (shrink)

John O’Neill, Alan Holland, and Andrew Light usefully distinguish two ways of thinking about environmental values, namely, end-state and historical views. To value nature in an end-state way is to value it because it instantiates certain properties, such as complexity or diversity. In contrast, a historical view says that nature’s value is (partly) determined by its particular history. Three contemporary defenses of a historical view are explored in order to clarify: (1) the normatively relevant history; (2) how historical considerations are (...) supposed to instruct environmental decision making; and (3) the relative importance of historical and end-state considerations. There are multiple reasons for including historical considerations in an account of environmental values. For example, knowledge of a natural object’s history can add depth and texture to our appreciation of that object. Further, if we were blind to the relevant history, we could not adequately understand and defend environmental policy goals such as preserving the potentials of natural systems or maintaining ecological health, for these goals appear to have irreducibly historical aspects. While historical considerations are important, such considerations are insufficient to guide our normative thinking about nature and how it should be dealt with practically. But they succeed in broadening and deepening our understanding of the nature and sources of environmental value. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 3, Page 377-392, October 2011.

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

Contemporary archaeologists commonly acknowledge moral responsibilities to the descendants of the subjects whose remains they disturb. There has been comparatively little reflection within the professional community on whether they have duties to the dead themselves. I argue that doing wrong to the dead is not reducible to harming their successors; that there are ways in which archaeologists can wrong the dead qua the living persons they once were; and that nevertheless this may not have such radical implications for the practice (...) of archaeology as might first be imagined. (shrink)

It is, I suggest, unclear whether any old inanimate objects deserve to be treated with respect simply because they are old. Yet this does not entail that an object’s age has no bearing at all on the question of how it may permissibly be treated. I defend the claim that those who fail to take seriously the histories of old inanimate objects typically deserve to be criticized on aretaic grounds. Such people, I argue, tend to lack the virtue of humility.

In this book an international and multidisciplinary team addresses significant ethical questions about the rights to access, manage and interpret the material remains of the past.

"Nature" and "wilderness" are central normative categories of environmentalism. Appeal to those categories has been subject to two lines of criticism: from constructivists who deny there is something called "nature" to be defended; from the environmental justice movement who point to the role of appeals to "nature" and "wilderness" in the appropriation of land of socially marginal populations. While these arguments often come together they are independent. This paper develops the second line of argument by placing recent appeals to "wilderness" (...) in the context of historical uses of the concept to justify the appropriation of land. However, it argues that the constructivist line is less defensible. The paper finishes by placing the debates around wilderness in the context of more general tensions between philosophical perspectives on the environment and the particular cultural perspectives of disciplines like anthropology, in particular the prima facie conflict between the aspirations of many philosophers for thin and cosmopolitan moral language that transcends local culture, and the aspirations of disciplines like anthropology to uncover a thick moral vocabulary that is local to particular cultures. (shrink)

Environmentalists express concern at the destruction/exploitation of areas of the natural environment because they believe that those areas are of intrinsic value. An emerging response is to argue that natural areas may have their value restored by means of the techniques of environmental engineering. It is then claimed that the concern of environmentalists is irrational, merely emotional or even straightforwardly selfish. This essay argues that there is a dimension of value attaching to the natural environment which cannot be restored no (...) matter how technologically proficient environmental engineers become. The argument involves highlighting and discussing analogies between faking art and faking nature. The pivot of the argument is the claim that genesis is a significant determinant of an area's value. (shrink)

African American history resounds with calls for black unity. From abolitionist times through the Black Power movement, it was widely seen as a means of securing a full share of America's promised freedom and equality. Yet today, many believe that black solidarity is unnecessary, irrational, rooted in the illusion of "racial" difference, at odds with the goal of integration, and incompatible with liberal ideals and American democracy. A response to such critics, We Who Are Dark provides the first extended philosophical (...) defense of black political solidarity. Tommie Shelby argues that we can reject a biological idea of race and agree with many criticisms of identity politics yet still view black political solidarity as a needed emancipatory tool. In developing his defense of black solidarity, he draws on the history of black political thought, focusing on the canonical figures of Martin R. Delany and W. E. B. Du Bois, and he urges us to rethink many traditional conceptions of what black unity should entail. In this way, he contributes significantly to the larger effort to re-envision black politics and to modernize the objectives and strategies of black freedom struggles for the post-civil rights era. His book articulates a new African American political philosophy--one that rests firmly on anti-essentialist foundations and, at the same time, urges a commitment to defeating racism, to eliminating racial inequality, and to improving the opportunities of those racialized as "black.". (shrink)

In this provocative analysis of historical narrative, Michel-Rolph Trouillot demonstrates how power operates, often invisibly, at all stages in the making of history to silence certain voices. From the West's failure to acknowledge the Haitian Revolution, the most successful slave revolt in history, to the continued debate over denials of the Holocaust, and the meaning of Columbus's arrival in the Americas, Trouillot shows us that history is not simply the recording of facts and events, but a process of actively enforced (...) silences, some unconscious, others quite deliberate. (shrink)