The early paragraphs of John Locke’s Second Treatise of Government describe a poetic idyll of property acquisition widely supposed by contemporary theorists and historians to have cast the template for imperial possessions in the New World. This reading ignores the surprises lurking in Locke’s later chapters on conquest, usurpation, and tyranny, where he affirms that native rights to lands and possessions survive to succeeding generations. Locke warned his readers that this “will seem a strange doctrine, it being quite contrary (...) to the practice of the world.” His doctrine of native right is equally strange to recent scholars who see in Lockean theory the ideological prototype for England’s colonial expropriation in the “vacant lands” of North America. This interpretation, dignified by the elusive principle of vacuum domicilium, is considerably weakened when Locke’s arguments are placed in the historical context of the sixteenth and early seventeenth-century English colonial experience. Locke’s Second Treatise, with its literary flourish of a vast and idyllic state of nature, was written in the full appreciation of Amerindian agriculture, its established populations, the acknowledgement of native property rights, and the policy and practice of purchasing land from the native inhabitants. (shrink)

How do aboriginal traditional land rights fare in the face of modern business? “Belatedly, Australia is dealing with a major human rights issue it has attempted to sweep under the rug for 200 years”. The author is completing his MBA at London Business School and is a mining engineer of Australian origin.

This article demonstrates the ‘patterning’ of the ways discourse markers such as okay, right and yeah are used in academic lectures by native speaker lecturers. It presents an analysis of a) what the lecturers thought they would say and b) what they actually say in comparison to what the lecturers actually do say. In other words, it focuses on the differences between expectations of what would be said and speech, that is, what is actually said.The data comprise verbatim (...) lecture transcriptions of four native speaker lecturers of different disciplines, analysed using a discourse analytical approach. The findings and discussions exhibit the reasons for the differences between the ‘anticipated’ and ‘real’ meanings of the use of these discourse markers.They also reflect upon the significance of non-verbal features in determining the actual functions of these markers. In short, this article highlights the reality use of okay, right and yeah as interactive conversational markers in academic lectures. (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)

Native American land ethics are not well understood by many governmental natural resource managers. This article presents the results of interviews with selected tribal elders, tribal land managers, and tribal content experts concerning traditional beliefs and values forming a land ethic and how these influence tribal land management practices. The Native American land ethic that emerged from this study includes four belief areas: “All Is Sacred”; ; “Right Action”; ; “All Is Interrelated”; ; and “Mother Earth”;. Traditional (...) Native American beliefs concerning the environment appear to spring from a spiritual context rather than the scientific‐utilitarian context more prevalent in the dominant Euro‐American culture. (shrink)

Classifying species as ‘native’ or ‘alien’ carries prescriptive force in the valuation and management of ‘nature’. But the classification itself and its application are contested, raising philosophical and geographical questions about place, space, rights, identity and belonging. This paper discusses leading critiques of the native/alien paradigm, including its conceptual fluidity, dichotomous rigidity and ethical difficulties, as well as the incendiary charge of xenophobia. It argues that valorizing ‘native nature’ as inherently the ‘best nature’ is not only obsolete (...) but impracticable in the Anthropocene, and that the preeminence of biogeographic origins should be replaced with a pragmatic focus on species’ behavior. (shrink)

While claims for the return of expropriated land by Native Americans and other indigenous peoples are often evaluated using legal frameworks, such approaches fail to engage the fundamental moral questions involved. This essay outlines three justifications for Native Americans to pursue land claims: to regain properties where original ownership has not been superseded, to aid the long-term survival of their endangered cultures, and to challenge and revise the historical misremembering of mainstream American society. The third justification is most (...) controversial. It asserts that understandings of history shape perceptions of the present, and that intensively pursued land claims can provide powerful challenges to inaccurate conceptions of the past. This essay argues that Native Americans are for this reason justified in strategically pursuing land claims that are difficult to justify on other grounds, and closes with some worries about the legitimate role of strategy in political action. (shrink)

Native women residing in the Subarctic and Arctic are currently struggling for the right to decide whether they will be hospitalized or have a midwife present for the birth of their children. The argument presented in this review paper outlines the cultural and clinical factors in favour of recognizing and legalizing traditional midwifery in the North and critically examines the statistical and safety concerns raised by those arguing against giving Northern Native women an alternative to evacuation from (...) their home communities. (shrink)

Researchers have suggested that ethical judgments about “right” and “wrong” are the result of deep and thoughtful principles and should therefore be consistent and not influenced by factors, such as language :e94842, 2014b, p. 1). As long as an ethical scenario is understood, individuals’ resolution should not depend on whether the ethical scenario is presented in their native language or in a foreign language. Given the forces of globalization and international convergence, an increasing number of accountants and accounting (...) students are becoming proficient in more than one language, and they are required to interpret and apply complex ethical pronouncements issued by various global standard setters both in their native language and in English. There have been calls in the literature to examine whether subjects make systematically different ethical judgments in a foreign language than in their native language. We contribute to the literature by drawing on culture, linguistics, and psychology research to provide empirical evidence that Chinese subjects are more aggressive in interpreting the concept of control when providing their consolidation reporting recommendations in English than in Simplified Chinese. We applied a 2 × 2 within-subject and between-subject randomized experimental design using a sample of Chinese final year undergraduate accounting students at a leading Chinese university, where accounting courses are taught in both Simplified Chinese and English. Students in our study are proxy for entry-level accounting practitioners. Our findings have implications for the globalized business world and cross-cultural research by challenging the commonly held assumption that an individual’s ethical judgment is consistent in different languages. We suggest that systematically different ethical judgments in native and foreign languages needs to be recognized. (shrink)

For centuries, outside business organizations have sought to enter into business relationships with indigenous populations, often benefitting both parties. However, the power imbalance that foreign settlers had over indigenous peoples often led to exploitative relationships whereby the indigenous people were marginalized and at times treated inhumanely. While the nature of trade and relationships has changed over time, the special status that native tribes enjoy in U.S.A. continues to attract attention from business enterprises. In the past few years, various organizations (...) have found it advantageous to their business interests to engage in transactions with Native American tribes. Three specific examples are described: Allergan transferred patent rights to a tribe to circumvent a U.S. patent review panel; Tesla opened a store and service center on native land in New Mexico to get around the state’s dealership laws; and Lume Cannabis Co. opened retail stores on native lands in Michigan near communities that had decided to not license recreational cannabis stores. All three examples raise questions over the ethics of buying access to native sovereignty. Students are asked to apply ethical theories to try and identify what distinguishes ethical and unethical transactions. (shrink)

This syllabus engages dialogue about indigenous philosophical ideas and issues that frame contemporary global indigenous thought, perspective, and worldview. We explore how presuppositions of indigenous philosophy, including epistemology (how/what we know), metaphysics (what is), science (stories), and ethics (practices), affect global research programs, intellectual cultural property, economic policies, ecology, biodiversity, taxonomy, health, housing, food, employment, economic sustainability, peace negotiations, climate justice, human/treaty rights, colonial law, refugees and incarceration, self-determination, sovereignty, nation building, and digital information. Readings provide an understanding of traditional (...) and contemporary indigenous philosophical frameworks of interpretation, developments of the 1994-2004 United Nations Decade of Indigenous Peoples, the UN Permanent Forum of Indigenous Peoples, and the recent Indigenous Conference in Cancun (philosophical importance of the World Trade Organization [WTO], the World Bank [WB], the International Monetary Fund [IMF], and NAFTA). (shrink)

Eighty percent of (commercial) genetically engineered seeds (GES) are designed only to resist herbicides. Letting farmers use more chemicals, they cut labor costs. But developing nations say GES cause food shortages, unemployment, resistant weeds, and extinction of native cultivars when “volunteers” drift nearby. While GES patents are reasonable, this paper argues many patent policies are not. The paper surveys GE technology, outlines John Locke’s classic account of property rights, and argues that current patent policies must be revised to take (...) account of Lockean ethical constraints. After answering a key objection, it provides concrete suggestions for implementing its ethical conclusions. (shrink)

In this paper, I argue that the Hindmarsh and Wik cases stand as crucial case studies that evidence the ongoing production of terra nullius within contemporary Australian contexts. They bring into focus the critical importance the signifiers of property, capitalist ‘productivity’ and legality within the settler-colonial state. Alongside notions of ‘civility,’ discourses surrounding ‘economic productivity’ and ‘equality before the law’ are consistently mobilised in these cases to assert white sovereignty. In contradistinction to the discourses that construct Indigenous people’s relation to (...) land as a singular and affective ‘affinity,’ media, political and legal texts script white Australian land uses such as farming and mining as ‘productive’ and necessary for economic prosperity. They are posited with ‘monetary’ output and juridical standing in order to produce the narrative that the continent was lawfully ‘settled’ by ‘illustrious’ white Australians. Moreover, these signifiers ramify within colonial law. Following these cases, the state amended the Aboriginal and Torres Straight Islander Heritage Protection Act 1984 and the Native Title Act 1993 respectively. They ensured the material construction of the Hindmarsh Island Bridge and the revocation of specific Indigenous land rights in order to sustain the settler-colonial state’s claims to sovereignty. (shrink)

Since the 1990s, the relation between liberalism and colonialism has been one of the most important issues in Locke studies and also in the field of modern political thought. This present work is a unique contribution to discussion of this issue in that it elucidates Lockeâ (TM)s concept of the law of nature and his view of war. Lockeâ (TM)s law of nature includes, despite its ostensible universal validity, some particular rules which favour the rights of a European form of (...) political society and individualistic land-acquisition at the sacrifice of native traditional land-rights and subsistence. Concerning wars between settlers and the natives, Lockeâ (TM)s concept of â oepunishmentâ in state of nature allows the militarily superior side to make a war with the inferior in disregard for the latterâ (TM)s claim and nevertheless, after winning victory, proclaim its own just cause of war. By putting Lockeâ (TM)s discourse on colonization and war in the context of contemporary relations between English colonists and the natives, this book makes clear that the expansive element of his theory of property actually overbalanced his rule of limitation of property according to equitableness and that it, after all, undermines the general principles of freedom and equality of all in his law of nature. (shrink)

Critics of climate collapse and colonization in the Americas rightly identify the origin of these twin crises in early modern political theologies. They seek to combat these crises with new political theologies of nature that pay greater reverence to “native” peoples’ ecological knowledge. But in doing so, these critics subtly, perhaps unwittingly, recall elements of the colonial power they criticize. I explain why this is the case, examining Bartolomé de Las Casas’s use of naturales in his critiques of Spanish (...) Conquest, and Thomas Harriot’s use of naturall inhabitants in his writing on English colonization to describe “native” Americans. Both authors aimed to promote politico-theological reverence for “native” peoples and their relationships with “nature.” This set into motion a productive form of power operating in modern political theologies. This power works by legitimizing the European-Christian presence in the Americas through their ability to recognize, respect, and protect “native” relationships with “nature.”. (shrink)

The relationship between participatory democracy (the rule of and by a socially diverse citizenry) and constitutional liberalism (a regime predicated on the protection of individual liberties and the rule of law) is a famously troubled one. The purpose of this essay is to suggest that, at least under certain historical conditions, participatory democracy will indeed support the establishment of constitutional liberalism. That is to say, the development of institutions, behavioral habits, and social values centered on the active participation of free (...) and equal citizens in democratic politics can lead to the extension of legally enforced immunities from coercion to citizens and noncitizens alike. Such immunities, here called “quasi-rights,” are at least preconditions for the personal autonomy and liberty in respect to choice-making that are enshrined as the “rights of the moderns.” This essay, which centers on one ancient society, does not seek to develop a formal model proving that democracy will necessarily promote liberal constitutionalism. However, by explaining why a premodern democratic citizenry of free, adult, native males—who sought to defend their own interests and were unaffected by Enlightenment or post-Enlightenment ideals of inherent human worth—chose to extend certain formal protections to slaves, women, and children, it may point toward the development of a model for deriving liberalism from democratic participation. Development of such a model could have considerable bearing on current policy debates. (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)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two (...) Australian cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

The difference between right and wrong is not something that is taught; it is, necessarily, picked up by a child in the course of learning its native language, and parents have no choice about this. In learning the meaning of ‘steal’, for example, the child learns that such actions are wrong. It also develops, through a kind of conditioning, the appropriate feelings and attitudes. The very concept of a reason has a moral content; so that, in acquiring this (...) concept, the child learns what counts as a good reason; and this includes altruistic and other moral reasons, no less than reasons of self-interest. (shrink)

This work undertakes a normative assessment of the problem of colonization of the habitats of free-roaming (“wild”) animals and proposes a normatively guided institutional solution. The first part of the article identifies the colonial wrongs associated with the colonization of animal habitat. The article contends that the defining injustice of the colonization of animal habitats consists in the violation of the animals’ collective and individual property rights—that is, their “habitat rights.” These rights are grounded in the interest the animals have (...) in their habitat: They depend on it for the fulfilment of their basic needs. It is argued that any institutional solution regulating human-animal relations needs to be appropriately contextualized as a decolonial enterprise. Thus, the article proposes to codify the framework of habitat rights using the existing decolonial policies. A sketch of such a solution based on the native title doctrine is further provided. (shrink)

This article argues that Durkheim's theory of suicide is deficient because of its monocausal reasoning, its conception of suicide as an action without subjects, and its characterization of preliterate societies as harmonious, self-contained, and morphologically static. It shows that these deficiencies can be overcome by including cultural and social-psychological considerations in the analysis of suicide-specifically by including culture as a causal force in its own right and drawing links between social circumstances, cultural beliefs and values, and individual dispositions. The (...) authors make their case by analyzing ethnographic and quantitative data on the preliterate Guarani-Kaiowá of southwestern Brazil, one of the most suicide-prone groups in the world. (shrink)

Women in the nineteenth century were the worst victims of patriarchy, socio-cultural norms and class difference. It was not a good time for women. In the Victorian era, women did not have the right to vote, own property or come out of the violent marriage. This picture has been painted by many writers of the time. Of all the Victorian novelists, Eliot and Hardy have the gifted ability to chart the women situation from all angles. Both writers show that (...) women had few rights and privileges. The socio-cultural and economic factors further contributed to women’s oppression. Women were expected to remain attached to the domestic sphere. Marriage is one such institution, which during the Victorian period became a tool for women’s exploitation and subjugation. The heroines and protagonists suffer due to social and moral taboos. Mismatch in marriage leads to several problems for the couple and their respective families. George Eliot in her novel Middlemarch and Thomas Hardy in his work The Return of the Native, portray the heroines who decide to step into life that is just contrary to their expectations and later regret their decisions. This paper would attempt to analyze the repercussions of their choices and compare their nature and the line of action these heroines take to deal with the situation they are placed into. (shrink)

The allocation of self-determination rights to minority groups is a highly charged issue around the world, but the difficulties are particularly acute in the case of indigenous peoples within the white settler states. While liberal multiculturalism offers a 'solution' to this 'problem of diversity' through a system of differentiated citizenship rights, this comes only at the expense of excluding dissenting voices from the intercultural dialogue. Through an engagement with the multi-faceted critique of liberal multiculturalism advanced by Native American political (...) theory, the limits of the recognition paradigm are identified, and the possibilities offered by a reconstructed Proudhonian federalism are described. (shrink)

Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because “the (...) relative isolation of the communities ensures minimal gene flow.” Such studies raise a number of issues related to privacy rights, property rights, informed consent, and group rights versus individual rights. These issues recently came to light in a case brought by the Havasupai Tribe and its members over the use of blood samples, handprints, and genealogy information initially taken by researchers at Arizona State University for a diabetes project. These materials were then allegedly used by researchers at ASU and other institutions for a multitude of unauthorized purposes, including research into the frequency of mental health disorders and the origin of human populations. Consequently, the affected members sued for damages under several legal theories. However, underlying all of these claims was the allegation that this unauthorized use of genetic resources and data not only injured the individuals who gave samples, but also caused a collective harm to the Havasupai Tribe and the cultural and spiritual beliefs of its members. (shrink)

It is argued that "quanli" meant something different from the "rights" that it purports to translate in the writings of Liu Shipei (1884-1919). This does not mean that "quanli," as Liu used it, has no overlap with any of the meanings of "rights." But it can be argued that these overlaps are in a crucial sense coincidental, since the notion of "quanli" in Liu's major works represents a growth out of, rather than an imposition on, the Confucian tradition. In general, (...) to make sense of nineteenth- and early twentieth-century Chinese political and ethical discourse, we must highlight the degree to which the concepts involved developed out of various strands of native tradition. (shrink)

The view that we must respect cultural traditions is a welcome change from the past, when colonial powers ridiculed native customs and often sought to eradicate them. Nevertheless, it is reasonable to ask whether there is a limit to tolerance of a ritual that has been designated a “harmful traditional practice” by the United Nations Office of the High Commissioner for Human Rights, the United Nations Population Fund, and the recently created agency, UN Women. The article “Seven Things To (...) Know About Female Genital Surgeries in Africa,” by the Public Policy Advisory Network on Female Genital Surgeries in Africa, contends that a need exists for more balanced critical thinking and open debate about what the authors choose to call “female genital surgery.” No one can reasonably quarrel with the call for accurate information in descriptions of the methods and consequences of female genital cutting. The network's own discussion of the facts is highly questionable, however. (shrink)

In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co‐exist. Drawing on themes of self‐determination and co‐existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some (...) implications of that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco‐systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross‐jurisdictional information for future developments and opportunities in the interests of environmental conservation. (shrink)

The emergence of citizenship out of subjecthood at the end of the eighteenth century presented a series of problems for which the United States, among other countries, seems to have been unprepared: it was unclear who qualified for citizenship, what privileges it afforded, and what duties it demanded. Nevertheless, this uncertainty could be manipulated pragmatically to take advantage of any given situation without regard for consistency or future implications. By examining the obstacles placed on the path to citizenship of (...) class='Hi'>Native Americans, African Americans, women, and Chinese Americans, this article shows how the (non-)category of the non-citizen was weaponized. Indeed the mistreatment of non-citizens becomes the best indication of the value of citizenship. (shrink)

The article aims to shed light on teaching the Arabic language in non¬-Arab countries, especially since the Arabic language it is the main gateway to learning the Qur’an and its sciences, the current reading also aspires of the Arabic language and the reality if its teaching methods to non Arabic speakers, and the obstacles the prevent the educational process from being achieved. The article also shows the role of reading in teaching the Arabic language to non-native speakers, reading is (...) on one of transferring knowledge, and reading enriches perceptions and expands knowledge and information, The current reading aspires to know the different types of reading, as each has characteristics that differ from the others, Therefore, knowing the types of reading and methods of teaching them contributes to the status of teaching Arabic as a foreign language, and constitutes a means to understand and communicate it correctly and soundly.The work was divided into axes. In the first axis, the research will reveal the status of the Arabic language, whether for its speakers or for non-native speakers，It gained this status from being the language of the Qur’an, In addition to the fact that it contributes to the throne of languages by speaking them and using them to understand religious, economic, cultural and commercial matters.The second axis will focus on the meaning of teaching the Arabic language to non-native speakers, and teaching it by transmitting it to them by helping another individual to communicate with it and learn it as a second language.Then, the reality of Arabic language teaching curricula and the problems they face were discussed. Especially with the presence of a large number of these curricula, with their different plan, method, and time duration, the teacher here finds himself faced with confusion in choosing the appropriate curriculum for the group - non-Arabic speakers - he is entrusted with teaching, and which suits their abilities and intellectual inclinations.The article also shows that there are good curricula that have been highly successful in delivering and transferring the academic content to the learner. This is due to its respect for a set of pedagogical rules and controls and the hierarchy of the curriculum. The clearer the curriculum is and built on specific foundations and elements, the more effective and profitable it is.There is no doubt that it is not possible to download and teach any educational curriculum without a teacher who has several scientific methods and skills. That is, he must have a set of skills and be armed with a variety of methods in teaching the Arabic language to non-native speakers. Something that contributes to the success of the educational process.A good professor is one who diversifies his methods while teaching non-Arabic speaking students. Therefore, the article aims to pay attention to the teacher and train him according to certain basics, including the cultural basis of the country in which he will study, and the cognitive and professional basis. The research also recommended the need to hold training courses and workshops to train teachers of the Arabic language to non-native speakers.The research has confirmed that reading has an important and fundamental role in teaching the Arabic language to non-native speakers, and that this skill contributes to providing the learner with a large linguistic resource, as well as benefiting from the depths of Arabic books, and also helps in improving the level of pronunciation and communication with a good master of the Arabic language.The article also explains that teaching the Arabic language to non-native speakers suffers from several obstacles and obstacles that prevent achieving the goal of the educational learning process, including reading weakness among learners, especially at the level of pronunciation, in addition to inversion, substitution, and lack of distinction between similar sounds in pronunciation.The current reading shows that despite these problems and obstacles; However, the experiences related to teaching the Arabic language to non-native speakers are moving in the right direction.The article relied on the descriptive and analytical approach. To describe and analyze the phenomenon of teaching the Arabic language to non-native speakers, with the need to point out that the proposed reading is not final and does not claim to have the final say or possess the “truth”, as long as it is one among other possible readings. (shrink)

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

In this article, we trace the histories of discourses supporting ‘jobs for natives’ in the UK and Austria using the discourse-historical approach to critical discourse studies. DHA uses four ‘levels of context’ as heuristic devices in critical analysis. In this article, we focus our attention predominantly on the broadest of these, largely eschewing the text internal analysis typical of CDA, in favour of a wider contextual sweep. In this way, we deconstruct and trace the conceptual history of British and Austrian (...) slogans of the extreme right related to issues of un/employment. We argue that slogans such as ‘British Jobs for British workers’ and ‘Austria First’ have been recontextualised into current political rhetoric while carrying historical context-dependent connotations, stemming from pre-World War II colonialism and antisemitism. Hence, we further claim that – although such rhetoric is currently widespread across EU member states – the ideologies and traditions drawn upon are distinct and create specific subtexts to be exploited for political ends; this is part of the discursive strategy of ‘calculated ambivalence’ employed in such rhetoric. (shrink)

James Tully and others have argued recently that the theory of property Locke defends in the Second Treatise was designed to justify European settlement on the lands of North American Natives. If this view becomes generally accepted, and Tuck suggests it will be, doubts may arise about the impartiality of Lockean property theories. Locke, as is well established and documented again by Tully, had huge vested interests in the European settlement of North America and possibly in the enslavement of (...) class='Hi'>Native Peoples. Doubts about Locke may reflect on all rights theories of property and thus bring into question ‘one of the major political philosophies of the modem world’ (Tully, ‘Rediscovering America,’ 165). Raising these doubts is part of Tully's declared intention (Tully, ‘Rediscovering America,’ 166). His article tries to show that the Native systems of property and government which Locke defines away as illegitimate are in fact interesting and potentially beneficial alternatives to Lockean individual rights theories. (shrink)

The environment, particularly, land and water, play a powerful role in sustaining and supporting American Indian and Alaska Native communities in the United States. Not only is water essential to life and considered — by some Tribes — a sacred food in and of itself, but environmental water resources are necessary to maintain habitat for hunting and fishing. Many American Indian and Alaska Native communities incorporate locally caught traditional subsistence foods into their diets, and the loss of access (...) to subsistence foods represents a risk factor for food security and nutrition status in indigenous populations. Negative health outcomes, including obesity, diabetes and cancer, have accompanied declines in traditional food use in indigenous communities throughout the United States. (shrink)

The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra (...) nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title.This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”.In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language.We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians. (shrink)

El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se analiza (...) la postura del fraile frente a la diversidad cultural y la guerra contra los indios. The paper explores Alonso de la Veracruz's theses on civil power, which sought to integrate the native inhabitants of the New World into the Spanish political community. These theses, which have usually been associated with F. de Vitoria and Spanish Thomism, have recently come to be considered part of a Novohispanic republicanism developed in the American periphery. The article seeks to show that the purpose of such theses was to apply a theory of natural rights that did not entail the political participation of the indigenous population, as well as to analyze Veracruz's position regarding cultural diversity and the war against the indigenous peoples. (shrink)

Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states (...) now ruling them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. -/- Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence. (shrink)

This paper argues that the moral legitimating reasoning of terra nullius assumed an under-recognised, different guise in the later years of colonial justification in the form of trusteeship. The idea of terra nullius has a central place in the political thought of thinkers such as Grotius and Locke. Although terra nullius, consolidated in European colonial thought in the early modern period, differed conceptually from the doctrine of trusteeship as the colonial legitimation for Africa, both instituted a moral justification for the (...) appropriation of native land, and of empire itself. The contention is that the trajectory from the one doctrine to the other was aligned with the change in the underlying moral framework of the rights and duties of Europeans and non-Europeans. In the early days of colonisation, there was a certain permissiveness on the part of the colonisers to appropriate the land of American Indians. By the late nineteenth century this seemed to change into a moral requirement for civilising the native Africans. Edmund Burke's conceptualisation of trusteeship illustrates the way in which traditionally conceived natural rights were transformed into fundamental social rights, and central to this idea was the expansion of European ?civilised? moral communities on which rights now depended. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Declaration of Independence:Inalienable Rights, the Creator, and the Political OrderChristopher KaczorPierre Manent puts his finger on numerous problems that arise from an emphasis on human rights that is detached from any consideration of human nature, the Creator, or the traditions that inform human practice. In his book Natural Law and Human Rights: Towards a Recovery of Practical Wisdom, Manent writes: "Let us dwell a moment on the proposition (...) in which so much passion is invested today: man is the being who possesses rights. It resonates as our self-definition and our perspective on humanity, one that we take to have fortunately replaced other definitions and perspectives, such as that man is God's creature or that man is a political animal."1 Contemporary political discourse has arrived, so he thinks, at an impasse of contradiction, incoherence, and self-defeating beliefs.Manent finds a vital help for thinking through these issues in Thomas Aquinas,2 but perhaps also a useful resource is the work of Thomas Jefferson. In Natural Law and Human Rights, Manent cites the first article of the 1789 Declaration of the Rights of Man and of the Citizen: "Human beings are born and remain free and equal in rights."3 But Manent does not cite the Declaration of Independence drafted by Jefferson. The 1776 Declaration provides a way of addressing many of Manent's concerns about human rights, human nature, and equality because it combines an appeal to the Creator [End Page 249] with the establishment of rights grounded in human nature and defended by limited government. In order to approach some of the important political, religious, and philosophical questions raised in Natural Law and Human Rights, we can reconsider the famous "American proposition": "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." What exactly does this famous American proposition mean? Can it help us to address some of the concerns about incoherent political discourse that Manent highlights?We Hold These Truths to Be Self-EvidentWhat does "we hold these truths to be self-evident" mean? The interpretation of this phrase has generated no small amount of speculation.4 As Manent notes, appeals to self-evidence arise also today in disputes about same-sex marriage.5 Even if we cannot perfectly trace the remote or proximate historical origins of the phrase in 1776, we might still examine some possible meanings.For John Locke, a self-evident truth is akin to what later philosophers called an analytically true proposition.6 Such propositions are true in virtue of the agreement of the ideas that make up the proposition. "A bachelor is an unmarried man of marriageable age" is self-evidently true, since the idea of "bachelor" agrees with the idea "an unmarried man of marriageable age." It does not seem plausible that the self-evident truths of the Declaration of Independence were meant in this sense. The assertions of the Declaration are not true simply by agreement of ideas or by definition in a way that is obvious to anyone who is a native speaker.Thomas Reid suggests a different sense of self-evidence. On his view, [End Page 250] self-evidence does not mean obviousness to everyone, but rather clear to those with the requisite education and maturity: "Moral truths... are self-evident to every man whose understanding and moral faculty are ripe."7 If a person is conscious of no moral obligation whatsoever, then reasoning with such a person will not bring the person to understand his or her obligations. Just as mathematical calculations cannot begin without acceptance of basic axioms of mathematics, so too ethical reflection presupposes but does not establish its first principles. As Reid says, "the man who does not by the light of his own mind, perceive some things in conduct to be right, and others to be wrong, is as incapable of reasoning about morals as a blind man is about colours."8 Just as there are people who cannot see colors, so too there are people lacking the requisite moral... (shrink)

This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that (...) establish that a public authority may enter private property to destroy a tree or other species but only to protect a compelling public interest, such as the apple industry in Virginia or the citrus industry in Florida, and only if it pays all the costs including just compensation. The paper argues a fortiori that if a public authority enters private property to control non-native or “invasive” species it must pay all the costs and indemnify the owner—contrary to what many state laws contemplate and the Environmental Law Institute recommends. (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 contends that the intellectual history of developing British imperial policy towards indigenous peoples' property rights to land in the mid-nineteenth century is best approached through seeing policy as made in the context of two intellectual vocabularies that were conjoined: the stadial theory of history and the law of nations. New Zealand provides an example of these languages in contestable play between the 1830s and 1853 at a time when the expanding British Empire as a whole vied with issues (...) such as 'native title' and the placement and control of settler populations. (shrink)

Among the manuscripts containing works by the dominican Domingo de Soto we find the acephalous and mutilated fragment Relectio an liceat civetate infidelium seu gentium expugnare ob idolatriam, titled by a later hand. Soto’s argument belongs to the context of the juridical, political and religious polemic on alleged rights to subdue unbelievers, staged by the junta gathered in Valladolid, in August and September 1550, to hear the arguments in favour, by Juan Ginés de Sepúlveda, and arguments against, by Bartolomé de (...) las Casas, whose meeting Summary was written by Domingo de Soto himself. In the fragment An liceat, Soto unwaveringly takes upon himself the refutation of each argument deployed by proponents of the right to subdue and punish natives in the New World, asserting their state of non subjection to Christian norms before their convert. Bearing in mind its structure and arguments, it is conjectured that the text may have been written for the De iustitia et iure, published in 1554, and again in 1556, though, for unknown reasons, was not included in that work. (shrink)

This article examines the question of how can museum professionals and the interested public resolve the competing claims of traditional ownership and continuing scientific research in relation to museum collections.

This article tried to show the Tolerance like virtue, i.e. ability in sense of specific habit that enables one person to connect with other persons in right relationship. However, before tolerance was shown like virtue, it was first explained concept of virtue in the sense of Aristotle, especially in the sight of Aristotle friendship virtue. This explanation led to conclusion that virtue is inner state which makes possible for a person to harmonize his native abilities and emotions. This (...) is the reason why virtues are assumptions for person’s right action towards himself and also towards other people. Thereby, tolerance will be shown as virtue that helps people to go beyond vices such as prejudice, hostile attitude and hate toward other people. Exactly these vices represent danger not only for individuals, but also for the whole society, because they endanger democracy and human rights, and moreover, they can block them. Overcoming these vices through the virtues of dialog and tolerance enables the creation of basis for democracy and human rights overall. In the end of article it was elaborated relation between law and moral – moral in the sense of virtue – and it was concluded that in the society they have to supplement, and not exclude each other. (shrink)

Despite challenges for U.S.-Mexico border Indigenous activists in their efforts to counter dominant discourses about both border policy and Native rights, Indigenous activists assert their rights as they advocate for public policies and actions that affirm and protect these rights. This article explores some of the discursive strategies used by Indigenous activists to index Indigenous identities and lifeways and to counter mainstream conceptualizations of Native identity and Indigenous rights on the U.S.-Mexico border. Through such semiotic strategies, Indigenous border (...) activists create indigenized and legitimized political spaces for the assertion of their beliefs. Indigenous border activists achieve this through metasemiotic constructs that draw from stereotypes about Native people and their use of language as well as through the active mobilization of schemas for conceptualizing both Native American experiences and the U.S.-Mexico border. (shrink)

A realistic study of man’s primary di­mensions and roles that breaches custo­mary bounds to the consideration of man to draw closer to the quintessence of man than ever before. Paul Weiss moves beyond the point where psychologists, psychiatrists, ethi­cists, and physiologists usually stop to make evident how man is at once pri­vate and public, with an I, a me, native rights, and responsibility, able to be and to function together with others in so­ciety and in the cosmos. He examines (...) the you we come to know as we confront other men, show­ing this to be both accountable and re­sponsible, with distinctive values and powers, maintained from within and ap­proached from without. You is con­trasted and compared with the me, what is publicly available to each alone, known and sustained by a radically private I. In opposition to contemporary thought, Weiss shows that I has a being, nature, and power of its own, able to make use of the self and mind, and to sustain the you and the me. These explorations pre­pare the way for a novel examination of different types of we—those that govern men, those with which they interplay, and those that, together with them, con­stitute the groups, societies, and states in which men live together. His final section deals with the dif­ference and relations between the they and the others in which he provides a fresh examination of the way men and their lived-in bodies both stand apart from and fit in the cosmos. In discussing these pivotal notions he extends our comprehension of such central topics as the difference between freedom and lib­erty, the nature of self-consciousness, the rights of the subhuman, the nature of the physical world, abortion, behav­iorism, mental health, biography, fic­tion, and the differences between men, animals, and things. (shrink)

A right to family privacy is considered a cornerstone of American life, and yet access to it is apportioned by race. Our notion of the “racialization of privacy” refers to the phenomenon that family privacy, including the freedom to create a family uninhibited by law, pressure, and custom, is delimited by race. Building upon racial formation theory, this article examines three examples: the Native American boarding school system (1870s to 1970s), eugenic laws and practices (early/mid 1900s), and contemporary (...) deportation. Analysis reveals that state-sponsored limitations on family privacy is a racial project that shapes the racial state. Performing an ideological genealogy with our cases, this article makes three contributions: it illustrates how the state leverages policies affecting families to define national belonging; it reveals how access to family privacy is patterned by race, ethnicity, gender, class, sexuality, and national origin; and it distills how Whiteness and a national racial hierarchy are socially constructed and maintained over time. With the racialization of privacy, we identify how the state seeks to reproduce institutionalized White supremacy and the effects this has on families. We argue that families are the linchpin in state-sponsored racial projects that construct the nation and that the racialization of privacy, as a form of inequality, is a defining characteristic of the color-line. (shrink)

The Native American Church is examined as an illustrative example in the political anthropology of consciousness. Specific attention is paid to the Supreme Court's ignoring of accepted research on this tradition and its sacrament, Peyote, in the case of Employment Division of Oregon v. Smith. An anthropological reaction to the Smith decision is constructed, focusing on ethnographic findings regarding Peyote that contradict the Supreme Court's ethnocentric assumptions. This paper argues that Peyote's Schedule I status is not supported by the (...) ethnographic findings. Peyote, as used in the Native American Church, is recognized as safe and therapeutic. It is also argued that the Supreme Court's rationale for denying Peyotist religious freedom is not supported by the ethnographic findings nor by legal precedent. Not only is the Native American's right to use Peyote a matter of freedom of religion, it also involves other rights such as the right to raise one's children in one's own culture and the right to be treated using a culturally relevant therapeutic modality. (shrink)

The world is full of situations of asymmetric bilingualism: the members of one linguistic group learn the language of another without the latter reciprocating. In such a situation, the cost of learning is borne by one group, whereas the benefit is enjoyed by both. This paper first argues that, in the absence of any cost-sharing device, such situations are unjust. Next, it critically examines four potential criteria of linguistic justice, each of which offers a distinct answer to the question of (...) how to allocate between two linguistic groups the cost of one of them learning a second language. Criteria suggested by Church and King, Jonathan Pool and David Gauthier are spelled out and rejected in favour of a criterion of equal ratios of benefit to cost. Lastly, the paper sketches some policy implications concerning what is owed by English natives to the rest of mankind as a result of English being adopted as a worldwide lingua franca. Key Words: bilingualism • linguistic diversity • minority rights • public goods • globalization • David Gauthier. (shrink)