Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that (...) upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned (...) about. Both liberal-individualists and corporatists locate the importance of group interests in the personal psychology of individual group members. As a result, both treat group interests (such as cultural integrity) as not only different in kind from individualized interests such as freedom of expression but as potentially in competition with them. In contrast, the real-world demands of indigenous groups place emphasis on concrete ways in which the preserving of communal life can be important to individuals’ well-being, in addition to the various spiritual and symbolic resources which such life may provide. These practical aspects of communal life make individuals’ group interests a lot like their individualized ones, and so suggest that group rights do not introduce new or distinctive theoretical questions. Instead, group rights are raise familiar questions about how individuals’ interests ought to be balanced against one another when they are in competition; what counts as an adequate institutional structure for the instantiation of a right; and who ought to be recognized as an authoritative judge of whether a right has been respected. (shrink)

Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have (...) distinct senses, yet in cases of governmental and other institutional assimilationist policy for indigenous peoples, such ethnocide effectively entails genocide. Insofar as any people’s cultural practices and beliefs are essential for life and health, individuals in groups value, if tacitly, their culture as highly as their language or any artifact: Thus, attempts to eradicate a culture through assimilation in fact eradicate individuals’ lives and health and so are effectively murderous. Acknowledgement by worldwide organizations that assimilationist ethnocide is effectively genocide should affect policy concerning indigenous peoples and thus has significance for international law. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...) such as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then (...) arises: why can aboriginal people, unlike other citizens, have special hunting rights? If indigenous people are to have the right to hunt a particular species that other citizens are denied, then it presents a significant challenge to philosophers to explore the moral grounds that justify such a special right. This exploration is the subject of the current paper. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the (...) capacity of both peoples and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue (...) that they are not remedial. Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in (...) 2007. This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of (...) such organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth Sikh Guru, Guru Gobind Singh (1666–1708), bestowed the status (...) of Guru to the sacred scripture of Sikhs, Adi Granth, which is presently known as Sri Guru Granth Sahib (SGGS) [1]. The Adi Granth was first compiled by Guru Arjan Dev, the fifth Sikh Guru, in 1604. Its second and final version has been the handiwork of Guru Gobind Singh, who added the hymns of his father, Guru Teg Bahadur, the ninth Sikh Guru [2], at Damdama Sahib, Talwandi Sabo, Punjab, in 1705. The holy Sikh scripture, SGGS, contains 1430 pages of text in poetry form. In addition to the hymns of the six Sikh Gurus and four Sikhs, it includes hymns composed by fifteen saints (Bhagats) and eleven poet laureates (Bhats) of the Guru's court. Muslims and Hindus, Brahmins, and "untouchables" all come together in one congregation to create a universal scripture. It is a compendium of mystic, metaphysical and religious poetry written or recited between the 12th and 17th centuries in the Indian sub-continent [3]. Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message addresses the welfare of all humans irrespective of their caste, colour, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others [4]. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism, etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines (...) how the claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...) itself to teach the rest of the world how to be more ethical. I think that this not only plays into the hands of cultural and ethical relativists, but that this picture is far from accurate; it ignores rich indigenous sources for toleration that already exist and have existed in India for millennia. In this chapter, I explore three central and predominant ideas in India as providing justification for distinctly Indian forms of toleration; as well, I explore Indian forms of secularism. I examine how toleration, and indeed, more strongly, respect for difference and pluralism, emerge through three influential Indian self-understandings: the theory of anekāntavāda or non-absolutism; the concept of ātman or self; and the idea of pratītyasamutapāda or interconnectedness. In contrast to various Euro-Western legal and political ideals that may have little resonance, I think indigenous sources offer a far more promising alternative ground upon which to build an overlapping convergence on basic human rights in India. As the eminent Indian philosopher and states person Sarvepalli Radhakrishnan (1955), Gadamer (Pantham 1992), and James Tully (1995) contend: the purpose of such convergence is not uniformity in diversity, but rather, unity in diversity. These sources provide an antidote not only to current forms of Hindutva in India, but may have something of value from which the West can learn -- given the European Caste System which is alive and continues to thrive today. (shrink)

Over the past few decades, Indigenous communities have successfully campaigned for greater inclusion in decision-making processes that directly affect their lands and livelihoods. As a result, two important participatory rights for Indigenous peoples have now been widely recognized: the right to consultation and the right to free, prior and informed consent (FPIC). Although these participatory rights are meant to empower the speech of these communities—to give them a proper say in the decisions that most affect them—we (...) argue that the way these rights have been implemented and interpreted sometimes has the opposite effect, of denying them a say or ‘silencing’ them. In support of this conclusion we draw on feminist speech act theory to identify practices of locutionary, illocutionary, and perlocutionary group silencing that arise in the context of consultation with Indigenous communities. (shrink)

This essay reads acclaimed poet James Galvin’s 1992 semi-autobiographical novel through the lenses of Martin Heidegger’s notion of authenticity and Patrick Wolfe’s discussion of settler-colonialism. I argue that Lyle, arguably the novel’s main character, is portrayed as living “authentically” in contrast to the deep inauthenticity of Ferris. I connect Western authentic dwelling with settler-colonial logic, centering my account on the figures of the “lazy” and “magical” “Indian.” Ultimately, I find that far from rejecting settler-colonial logic Galvin’s text plays out of (...) a return of the repressed of the present absence of indigenous persons in the land and the text. (shrink)

Controlling the names of places, environments, and species is one way in which settler colonial ontologies delimit the intelligibility of ecological relations, Indigenous peoples, and environmental injustices. To counter this, this article amplifies the voices of Native American scholars and foregrounds a philosophical account of Indigenous naming. First, I explore some central characteristics of Indigenous ontology, epistemic virtue, and ethical responsibility, setting the stage for how Native naming draws these elements together into a complete, robust philosophy. Then (...) I point toward leading but contingent principles of Native naming, foregrounding how Native names emerge from and create communities by situating (rather than individuating) the beings that they name within kinship structures, including human and nonhuman agents. Finally, I outline why and how Indigenous names and the knowledges they contain are crucial for both resisting settler violence and achieving environmental justice, not only for Native Americans, but for their entire animate communities. (shrink)

One of the issues that caught my attention in the discussion on Religion and Human Rights, which is also an issue that has recently started to be hotly discussed in Indonesia, is the issue of LGBTQ+ minority rights (gay rights). This issue becomes interesting, the issue of gay rights, especially when this issue deals with the Freedom of Religion or Belief (FoRB). As we saw in the discussion of human rights at International, tensions between gay (...) rights and FoRB in several countries have their own characteristics. For example, in Indonesia, recently, the movement for defenders of the FoRB has begun to bloom, and, I observe, there is a tendency to include minority groups such as indigenous people, including LGBTQ+ people (gay rights), into their circle of struggle. The question is, how do religious freedom rights (FoRB) deal with gay rights? Or conversely, how do gay rights deal with religious freedom? In that context, this book becomes relevant to discuss. This book provides each author’s many different moral arguments and philosophical commitments. (shrink)

In her essay ‘The Curious Coincidence of Feminine and African Moralities’ (1987), Sandra Harding was perhaps the first to note parallels between a typical Western feminist ethic and a characteristically African, i.e., indigenous sub-Saharan, approach to morality. Beyond Harding’s analysis, one now frequently encounters the suggestion, in a variety of discourses in both the Anglo-American and sub-Saharan traditions, that an ethic of care and an African ethic are more or less the same or share many commonalities. While the two (...) ethical perspectives are indeed sisters, in this article I argue, first, that they are not identical twins, and, more strongly, that the family resemblance between the two is significantly less than has been recognized. I highlight key differences between representative forms of an ethic of care and a sub-Saharan communitarian morality, after which I argue, second, that the latter better captures some central feminist concerns and moral considerations generally. That is, I maintain that an African ideal of community, when understood in a philosophically refined way, provides an important, relational corrective to the ethic of care. (shrink)

Thanks to mounting discussion about projected technologies’ possibly altering the species mentally and physically, philosophical investigation of what human beings are proceeds robustly. Many thinkers contend that whatever we are has little to do with how we should behave. Yet, tampering with what the human being is may tread upon human rights to be whatever one is. Rights given in widely recognized documents such as the U.N. Declaration of the Rights of Indigenous Peoples assume what humans (...) are and need depends upon ontological assumptions about human existence. Godman turns to human ontology—just what kind of beings humans are (from an angle distinct from the other two books) and how these play into rights. She is concerned with how well the social sciences accord with what we are. Gunkel homes in on a more specific moral topic than Godman's general concern with identity’s role in rights: automata moral status and rights. He enjoins us to inquire into what human rights are before we take on the new technologies’ challenge to it. Schneider’s Artificial You, while not explicitly about rights, poses a rights quandary. Certain individuals with reputable resources and practical backing explicitly seek to evolve the species as they see fit. The urgency among these works concerns how we need a sharper idea of what we are, how we should act and be treated, and how our rights fare among potential human improvements. (shrink)

he territorial impacts of climate change will affect millions. This will happen not only as a direct consequence of climate change, but also because of policies for mitigating it—for example, through the installation of large wind and solar farms, the conservation of land in its role as carbon sink, and the extraction of materials needed for renewable energy technologies. In this article, we offer an overview of the justice-related issues that these impacts create. The literature on climate justice and territory (...) is vast and spans a range of disciplines, so we limit our discussion to a specific understanding of territory and a specific understanding of injustice that arises from its loss. We understand territory as a normative concept that describes a place under some agent's jurisdiction, where the agent is a politically organized collective and where the jurisdictional rights over that place secure a relevant degree of self-determination for that collective. Accordingly, we consider that the main injustice connected to the loss of territory due to climate change is the loss or undermining of the ability to exercise the collective right to self-determination, which requires some control over the place. This can happen if a territorial agent literally loses the ground where to stand as a direct effect of climate change, raising issues of justice in relocation; or if their place changes due to mitigation policies, affecting their use and understanding of territory, raising issues of justice in energy transition. In concluding, we point to topics for future research. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent (...) standard of living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

This paper briefly highlights a small part of the work being done by Indigenous groups in Canada to integrate science into their ways of knowing and living with nature. Special attention is given to a recent attempt by Mi'kmaw educators in Unama'ki (Cape Breton, Nova Scotia) to overcome suspicion of science among their youth by establishing an 'Integrative Science' (Toqwa'tu'kl Kjijitaqnn, or 'bringing our knowledges together') degree programme at Cape Breton University. The goal was to combine Indigenous and (...) scientific knowledges in a way that protects and empowers Mi'kmaw rights and lifeways. (shrink)

Development economist Hernando de Soto Polar has effectively advocated for property rights in the Third World, as his ideas have influenced the policies of the World Bank, International Monetary Fund and United Nations Development Programme. He envisions land titling as a means of lifting the poor out of poverty. I argue that his classical liberal interpretations of property and the good life are dangerously naive. One can see the dangers of de Soto’s imperialist and one-dimensional vision after considering the (...) cultural destruction that results from his brand of development in pastoral Kenya. Also, this article demands a reframing of standardized development approaches. It argues that the conventional view is prone to creating unstable, culturally hegemonic relationships between the government and entrepreneurs, and the people of the land. Asymmetrical lawfare is another nondemocratic feature of de Soto’s development. This article emphasizes that Kenyan pastoralists are not inherently vulnerable people but that they have been rendered vulnerable by society. Lastly, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the basis for an alternative to de Soto’s development design. UNDRIP was a hard-fought legal protection for the world’s indigenous peoples that makes human dignity central to development. The Global North and Global South produce differing visions of development. This article points to Kenya as an example of how the Global North’s vision has fundamentally failed because it disenfranchises pastoralists—the very people policymakers and policy supporters claim it is intended to benefit. (shrink)

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes. In this essay, I bring liberal theory to bear on the question of whether Brazil's treatment of isolated indigenous (...) tribes is justified. I argue that the current policy actually fails to treat isolated indigenous persons as free and equal. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

This article aims to conceptually delimit the term “epistemic subalternization”, from the approach offered by postcolonial theories. For this, it is oriented to examine the situation that occurs when the educational system does not contemplate the diverse epistemic-cultural knowledge belonging to the student body. In particular, it focuses on analyzing what happens with access to the right to education of the indigenous communities of Argenti-na, when the school naturalizes epistemic injustices. Finally, it is proposed to reflect on in-tercultural education (...) as a proposal of intrinsic relevance to think about cultural and epistemic co-construction. In the conclusion, it was considered that, from the approach of epistemic injustices, there is a form of subalternization that generally coexists with other factors (social, political, economic, cultural and territorial) that complicate the approach to the problem and installed as social determinants of education and the pedagogical situation of these communities. For this reason, it was proposed to think about the need to build intercultural, that is, decolonizing, pedagogies. Indeed, the centrality of the proposal lies in the relevance of local, geosituated narratives, typical of indigenous communities to performatively transform, from the foundations of common sense and in an intercultural key, pedagogical praxis. (shrink)

Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way (...) it charts between separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy (...) are through the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

Este trabajo presenta una propuesta biologizada del arte y la Filosofía Indígena desde el pueblo kichwa Saraguro, con el fin de discutir especialmente los fundamentos de los derechos de la naturaleza. Aunque, hay que resaltar que, el sitio de enunciación no es estrictamente el lugar descrito; porque la matriz de discusión es el Sumak Kawsay que involucra a Latinoamérica en general. La metodología que se usa es la transdisciplinar. El orden de desarrollo está enmarcado en una primera parte que desarrolla (...) a modo teórico la presencia del arte y la estética en el mundo indígena. Luego, se presenta un breve análisis de campo, específicamente una discusión con el artista kichwa Saraguro Luis Antonio Lozano. Se concluye que existe un contenido religioso, espiritual o Trascendental en el arte y la estética kichwa Saraguro, que puede aportar para el desarrollo del fundamento filosófico de los derechos de la naturaleza y el Sumak Kawsay. (shrink)

Este trabajo critica la categoría blanquitud, en la corriente iniciada por Bolívar Echeverría. El método que se utiliza es el transdisciplinario, como pretensión de disolución de las parcelas de conocimiento. Se toma tres campos filosóficos: la Teología de la liberación; la Filosofía de la liberación y la Filosofía indígena. En el análisis lingüístico se utiliza como herramienta, la poesía y novela de Rosario Castellanos, Elena Poniatowska, Gioconda Belli y Ernesto Cardenal. El lugar de enunciación es el pueblo kichwa Saraguro. Se (...) postula que el Sumak Kawsay es un más allá de los derechos de la naturaleza; como uno de los antónimos de la blanquitud. Empero, la blanquitud no es solamente el color del capitalismo; es decir, si las personas son las que construyen las instituciones, entonces, son estos sujetos quienes cargan con lo blanco. La blanquitud es también un fenotipo del racismo: complejo de superioridad e inferioridad. Racismo que se traduce en posesión o acaparamiento económico, académico, político, etc. La reversión filosófica o descolonización de lo blanco se postula desde una educación sin dominación, a través de la concreción, cuidado y reproducción de la vida Sumak Kawsay. (shrink)

En 2007, la Declaración sobre los Derechos de los Pueblos Indígenas fue adoptada por la Asamblea General con la mayoría de los estados miembros de las Naciones Unidas. La declaración tiene relevancia para cualquiera que esté al mando o en contacto con los pueblos indígenas. Un efecto central de la dominancia de la cultura globalizada sobre culturas indígenas es la asimetría de la percepción e influencia mutua. Debido a los efectos de la presión social externa de la globalización los pueblos (...) indígenas tienen poca libertad de elección. Ejercer su derecho a una autonomía cultural en educación y estilo de vida es muy difícil para los indígenas. Por parte de gobiernos, problemas con los derechos sobre la tierra son un obstáculo para reconocer la autonomía de los pueblos indígenas. Algunos artículos de la declaración de derechos indígenas son presentados que tienen relevancia para personas externas, como investigadores o turistas, en contacto con personas indígenas. -/- The Declaration on the Rights of Indigenous peoples is an instrument to combat inequalities on an international level. However, the implementation is still a matter of disregard and conflict, as states are reluctant to give up their privileges. Yet, with the Declaration, a foundation has been laid to claim acceptance and respect of indigenous lifestyles, the use of their territories by themselves, the passing-on of culturally specific knowledge to the next generations, and other aspects. The new situation of International Law also brought along consequences for any external person contacting an indigenous culture, be it scientists, tourists or others. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

Este trabajo intenta dar contenido a los derechos de la naturaleza desde los pensamientos filosóficos de los pueblos indígenas, así como desde la interacción o encuentro entre diversas formas de conocimiento; en especial el de la Amazonía y el kichwa; pretendiendo construir otro saber-poder con el que se propone una crítica al dominante. Para ello el trabajo se estructura en tres partes: crítica, reconstrucción y aplicabilidad. La crítica consiste en un diagnóstico teórico desde la aproximación al fundamento filosófico dicotómico que (...) separa el ser humano de la naturaleza cosificándola evidenciando como esta dicotomía atraviesa los estudios disciplinares y transdisciplinares sobre sus derechos. La reconstrucción se elaborará desde la meta-física dusseliana y, finalmente, se intentará demostrar las implicaciones de la aplicación fáctica de esta propuesta, relacionada con: aprender, aprehender y desaprender a través de una perspectiva transdisciplinar y analéctica capaz de abarcar personas, plantas, animales, agua, piedras, etc. como un todo en armonía. (shrink)

Right from traditional African philosophy, down to its modern and contemporary era, there has been a strong link between African philos ophy and language, underlined by the principle of complementarity. This is not disconnec ted with Placid Tempels’ employment of force to explain being, and Alexis Kagame’s NTU, as the underlying principle of reality. Pantaleon Iroegbu explained being as belon gingness. In the thoughts of Innocent Asouzu, Ibuanyidanda, was used to explain the compl ementary nature of reality. In the face (...) of ever growing complexities, African philosop hers have continued to employ African categories for the search for solutions to African problems. At a time like ours when many African governments have failed in national develop ment, especially in their ability to improve the social welfare of her people through th e provision of social amenities like quality education, portable water, transportation, good roads, good medical amenities, security of lives and property, basic infrastructur e, etc., this work employs Igwebuike philosophy, another African category, as a framewor k for Africa’s development. It develops a model of development which is inclusive and wholistic, and traces Africa’s problem of underdevelopment to the employment of no n-inclusive political and economic institutions. For the purpose of this research, the hermeneutic and Wholistic indigenous method of inquiry was employed. (shrink)

Este estudio propone algunas bases para investigar el pluralismo jurídico, la interculturalidad, los derechos de la naturaleza y el sumak kawsay. Es un discurso contextual con base real y proyección mundial desde los contextos indígenas. Su lugar de partida es el pueblo kichwa Saraguro, de la provincia de Loja, Ecuador. Su teoría permite hacer comparaciones con estudios etnológicos, antropológicos y sociológicos de la Amazonía, los pueblos kichwa de la Sierra y las reflexiones indigenistas. El método es interdisciplinar, antidisciplinar o transdisciplinar. (...) Aborda especialmente la construcción colonial del sujeto indígena y hace una reconstrucción histórica para mostrar lo negativo y lo positivo de esta. En la parte final se realiza una formulación de carácter ético de la filosofía indígena y de lo que se categoriza como sumak kawsay: cuidado o divinización de la vida. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. (...) Not surprisingly, then, feminists across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety (...) of historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

Challenging the basic assumptions of a meat-eating society, Deep Vegetarianism is a spirited and compelling defense of a vegetarian lifestyle. Considering all of the major arguments both for and against vegetarianism and the habits of meat-eaters, vegetarians, and vegans alike, Michael Allen Fox addresses vegetarianism's cultural, historical, and philosophical background; details vegetarianism's impact on one's living and thinking; and relates vegetarianism to classical and recent defenses of the moral status of animals. Demonstrating how a vegetarian diet is related to our (...) awareness of the world and our ethical outlook on life, Fox looks at the different kinds of vegetarian commitments people make and their reasons for making them. In chapters that address such issues as the experiences, emotions, and grounds that are part of choosing vegetarianism, Fox discusses not only good health, animal suffering, and the environmental impacts of meat production, but such issues as the meaning of food, world hunger, religion and spirituality, and, significantly, the links share between vegetarianism and other human rights movements and ideologies, particularly feminism. In an extensive chapter that addresses arguments made by advocates of meat-eating, Fox speaks to claims of humans as natural carnivores, animals as replaceable, and vegetarians as anti-feminist. He also addresses arguments surrounding the eating habits of indigenous peoples, eating free-range animals, and carnivorous behavior among animals. The most complete examination of the vegetarian outlook to date, Deep Vegetarianism reveals the broad range of philosophical views that contribute to such a choice. It recognizes, and calls for, a conscious awareness of -- and an individual responsibility to -- the issues that exist in the moral, political, and social spheres of our existence. With its lively and controversial discussion, Deep Vegetarianism promises to appeal to anyone looking to explore the relationship between dietary choice, lifestyle, the treatment of animals and the environment, and personal ethical responsibility. It will also be particularly useful for students and teachers of moral philosophy, ethics, religion, comparative cultures, ecology, and feminism. (shrink)

If, as asserted by the French collective Tiqqun, we are essentially living in a global colony, where the 1% control the 99%, then it follows that the revolutionary struggle should strategically reorient itself as guerrilla warfare. The agents of this war, Tiqqun characterize, in part, by drawing on ethnologists Pierre de Clastres and Ernesto de Martino, specifically their figures of the Indigenous American warrior and the Southern Italian sorcerer, respectively. Hybridizing these two figures into that of the “warrior-mage,” the (...) present article posits an actionable exemplar thereof in players of the massively popular trading and online card game, Magic: The Gathering (MTG). More specifically, I propose a strategic mapping of MTG’s five colors of magic onto the five divisions of a coalition against late capitalist Empire, which I call the “Warrior-Mage Guild,” including liberation clerics, animal rights activists, propagandists, anti-psychiatrists, hackers, saboteurs, and those who threaten decolonizing force contra Empire. (shrink)

Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among (...) African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights from (...) our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

This article focuses on the religious information inside Ghanaian and Nigerian video movies regarding Akan and Yoruba women. More specifically, it focuses on the indigenous religious, Christian, and Islamic messages inside these movies in relation to women. The article demonstrates that Akan and Yoruba filmmakers, who dominate the Ghanaian and Nigerian video movie industries, are part of networks of religious institutions, predominantly Pentecostal-Charismatic Christian and modest Islamic ones. These organizations sponsor filmmakers to spread religious messages that promote hierarchical gender (...) relations and the suppression of equal rights for women, e.g., economic independence. By providing an overview of Akan and Yoruba belief systems, in respect of indigenous, Christian, and Islamic gender-related positional concepts and ideological communication on what is appropriate behavior for women, the author will show and support the hypothesis that these movies contribute to women’s demonization and (economic) discrimination. (shrink)

Having a ‘title to govern’ is critical for regime survival. Authoritarian rulers have also attempted to legitimise themselves as justified rulers. Numerous case studies have examined rulers’ collective efforts to explain their right to govern (legitimacy claims, or legitimation). This thesis tries to examine how the ruler’s seizure of power shapes legitimation capacity in order to gain a thorough grasp of the relationship between legitimation and regime resilience. Using comparative historical case studies of Vietnam, Mongolia and North Korea, this project (...) argues that regimes with indigenous political origins have institutional legacies that are advantageous for engineering legitimation claims, such as strong sub-party organs, effective military and security section control, and collective social norms among political elites during violent revolution. By contrast, an externally imposed political origin lacks these institutional benefits. When rulers face regime crises, these two distinct legitimation claim mechanisms help explain regime resilience or failure. This thesis contributes to the burgeoning literature on authoritarian legitimacy and resilience, and it also expands our understanding of political changes in divergent post-communist countries throughout East Asia. (shrink)

Psychedelics are currently being studied intensively for the treatment of various psychiatric disorders. Ayahuasca, a plant-based extract originating from the Amazonian area, is traditionally consumed in ritualistic group events. The related indigenous traditions date back hundreds of years and have amassed vast amounts of knowledge on the therapeutic use of psychedelic and non-psychedelic plant-based substances. -/- These traditions require a prospective ceremony facilitator to undergo years of intensive training to acquire knowledge, mental power or self-confidence, stability, sensitivity, intuitive treatment (...) outcome prediction skills, musical skills, and sufficient physical strength. These qualities of a facilitator, in the presence of integrity and love, largely determine treatment outcomes. -/- In Europe, predominantly in the first decade of the 2000s and in the early 2010s, some individuals began building connections with diverse indigenous groups and syncretic churches of the Amazonia in an attempt to find cures for their treatment-resistant psychiatric conditions. Small circles of other patients in need of similar treatment formed around them. This led to the formation of decentralized, diverse local ceremony cultures that either followed the principles of the traditional lineages of their origin or synthesized various influences. -/- These unofficial ceremony contexts appeared to complement official healthcare systems, offering efficient methods unavailable in the medical context and correcting the consequences of medical malpractice and neglect. These ceremony contexts appeared highly communal, were largely based on volunteering, and contained mechanisms for self-correcting possible emerging issues. They seemed to function as systems for collecting, preserving, storing, and distributing knowledge of psychedelic therapy methods; in other words, systems for knowledge base building and innovation. -/- doi: 10.13140/RG.2.2.27385.85602. (shrink)

The aim of this article is to discuss the relation between indigenous and scientific kinds on the basis of contemporary ethnobiological research. I argue that ethnobiological accounts of taxonomic convergence-divergence patters challenge common philosophical models of the relation between folk concepts and natural kinds. Furthermore, I outline a positive model of taxonomic convergence-divergence patterns that is based on Slater's [2014] notion of “stable property clusters” and Franklin-Hall's [2014] discussion of natural kinds as “categorical bottlenecks.” Finally, I argue that this (...) model is not only helpful for understanding the relation between indigenous and scientific kinds but also makes substantial contributions to contemporary debates about natural kinds.to contemporary debates about natural kinds. (shrink)

Different cultures show different understandings of consciousness, soul, and spirit. Native indigenous traditions have recently seen a resurgence of interest and are being used in psychotherapy, mental health counselling, and psychiatry. The main aim of this review is to explore and summarize the native indigenous concepts of consciousness, soul, and spirit. Following a systematic review search, the peer-reviewed literature presenting research from 55 different cultural groups across regions of the world was retrieved. Information relating to native concepts of (...) consciousness, soul, and spirit were excerpted from the sources and contrasted. Contrasting these indigenous concepts revealed important implications for understanding consciousness within a cross-cultural perspective and has practical implications for applied approaches utilizing native indigenous traditions. (shrink)

The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based on the “higher-level” account (...) of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and their (...) worldviews. Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)