Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from discussions about state-Indigenous histories and interactions. (...) The normative narrowness of these arguments is explored alongside developments within Canadian law that purport to respond to the historic denial of substantive Indigenous interests in lands by colonial and Canadian authorities. While the analysis predominantly takes a bird’s-eye view of the interaction of varied normative systems, the conclusion advances a normatively charged argument, as I speculate about why courts – and academics writing about the passage of time – seem intent on developing arguments that displace Indigenous understandings. (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and inter-cultural reconsideration (...) by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 6, Page 882-903, July 2022. Indigenous conservation through patrimonialization is the product of political and legal decisions made by a non-indigenous agent: the liberal state, using the law to retain a form of bios. We propose that patrimonialization is the device by which liberal states have processed and integrated indigenous claims into a form of bios ultimately designed to safeguard state legal structures. We argue that, to uphold the rule of (...) law in contexts of struggle and resistance that challenge the very understanding of the law, states respond by wielding the law in the form of the rule by law, that is, pushing the law to the limit to give normative content to the criteria by which the state conducts its affairs, without straying from the individual rights framework. We hold that the rule by law is an operation that defines the patrimonialization of indigenous peoples. It increases their visibility while imposing limits on political action to keep them from becoming sui juris subjects capable of breaching the distinction between zoe and bios. In this article, we try to understand the political–ideological intent of these decisions, the intentions beyond the letter of the law of patrimonialized peoples. (shrink)

This research advocates a strategy to mitigate or prevent further anthropogenic climate change and preserve natural resources. The strategy takes into account mechanisms of social and moral norms, which are innate in humanity due to millions of years of evolution. Social norms themselves are not innate, but the mechanisms to acquire them and implement them are. To slow down anthropogenic climate change global forces, inclusive of governments, NGOs, and collective humanity, should help indigenous peoples to protect their territories and (...) property. Important to the moral argument is highlighting the murder of Berta Cáceres, a Honduran environmental activist, in 2015 by military members of Honduras at the instruction of the Honduran joint chiefs of staff as well as the likely involvement of an energy company. To conclude, if global forces were to enforce protection of indigenous communities affected by the negative effects of urbanization and globalization, then there would be a mitigating effect on anthropogenic climate change. (shrink)

Wil Waluchow’s notion of Community’s Constitutional Morality (CCM) was developed as a tool for the identification of moral norms and considered judgments that are in some way tied to a community’s constitutional law and practices. In this paper I first argue that even though the tool was conceived under a state-based paradigm, it also works on a global scale. Then, I show how by relying on this tool we can achieve two important and clearly differentiable goals. The first goal relates (...) to efforts regarding the construction of global theories of justice. By using Waluchow’s CCM we can overcome what I call the problem of adjudication among differentexisting moral intuitions. That is, the need to choose between different and competing fundamental moral commitments that ought to guide our moral deliberations. Instead, by using CCM, we can identify Embodied Moral Intuitions that hold an epistemic advantage over Personal Moral Intuitions, which are commonly used to ground normative projects. The second goal relates to contemporary efforts to decolonize our perspectives about justice, domestic and global. By relying on Waluchow’s notion of CCM, the reality that Indigenous knowledge, despite it not having been properly acknowledged in most philosophical academic debates, is already a part of our debates about global justice becomes undeniable and a call for action to further expand our understanding of global political morality. (shrink)

This essay, which introduces the fifth installment of the Common Knowledge symposium “Peace by Other Means,” explores four ethnographically observed areas in which indigenous knowledge and practice hold insights for the prevention and reduction of enmity in the modern world. The four, very broadly, are values and norms that nurture peace, exceptional capacity for and recognition of the necessity of cooperation, exceptionally flexible and multilayered definitions of identity, and rituals that effect and strengthen peace. Neither this essay nor the (...) symposium in which it appears advocates a simple application of conflict-prevention or -resolution mechanisms from particular cultures to other emic contexts. The point, rather, is to seek more general theoretical principles wherever they are to be found, given repeated failures of the modern peacemaking apparatus. (shrink)

Globalization has changed almost every facet of life for people around the world, and today the flow of influence is no longer uni-directional. It is argued that East Asian societies are anchored in an indigenous form of hierarchical relationalism where social structure is produced by relational obligations of an ethical and normative nature that have slowed its traditional culture “melting into air” as prophesied by Marx. The successfully modernization of East Asia has involved hybridization, compartmentalization, and sequencing of traditional (...) psychological features of Confucianist societies such as delay of gratification and respect for education, paternalistic leadership, filial piety, and beliefs in harmony or benevolence. Features of hierarchical relationalism are adaptable to creating niches for East Asian societies that thrive under globalization as characterized by the paradoxical coupling of economic inequality in fact with discourses of equality in principle. Moral, ethical demands for enlightened leadership constrain East Asian elites to at least attempt to protect subordinates and protect societal well-being. A fundamental contribution of East Asia to global society may be in the articulation of how to ameliorate economic inequality using Confucian principles of hierarchical relationalism. (shrink)

In this paper, I discuss the relevance of indigenous normativity in advocating a deliberative yet autonomous political institution of the Gran Cordillera. I develop what I call ‘normative intercultural discourse.’ This notion attempts to integrate indigenous normative approaches and deliberative theory judiciously, without eliminating the distinctive character of each. In my opinion, this view can forge a shared understanding in the direction of the proposed Cordillera autonomous region. I argue that it can open the possibility for a (...) stronger Cordillera demos that reflects the Cordilleran aspiration to determining its economic, political, and social affairs. (shrink)

Many normative political theorists have engaged in the systematic collection and/or analysis of empirical data to inform the development of their arguments over the past several decades. Yet, the approach they employ has typically not been treated as a distinctive mode of theorizing. It has been mostly overlooked in surveys of normative political theory methods and methodologies, as well as by those critics who assert that political theory is too abstracted from actual political contestation. Our aim is to unearth this (...) grounded normative theory (GNT) approach – to identify its definitive practices and highlight its potential significance. We detail four overlapping commitments characteristic of GNT. These include commitments to expanding the comprehensiveness of input for normative arguments through original empirical research and/or analysis, recursivity in the development of normative claims, attentiveness to the systematic inclusion of a range of voices and ways of knowing, and accountability to those engaged by the theorist in empirical contexts. We discuss methodological distinctions within GNT, including between more- and less-solidaristic approaches. We discuss how GNT answers calls for theorists to engage more closely with empirical political dynamics and we consider responses to possible critiques. (shrink)

This paper examines the normative justification for special rights for Indigenous peoples whose traditional territories straddle contemporary international borders. Examining the Mohawks of Akwesasne (Quebec, Ontario, and New York state) and the Tohono O’odham (Arizona and Sonora, Mexico) as cases, I demonstrate how state claims to territorial jurisdiction and border regulation often interfere with the lives of Indigenous people whose social, cultural, economic, spiritual and political practices and relationships cluster across contemporary international boundaries. Through the concept of group (...) occupancy interests, I argue that members of Indigenous nations whose territories straddle borders possess special rights to access and use lands presently claimed by states of which they are not recognized citizens. Moreover, I demonstrate how border-straddling Indigenous nations challenge the unlimited sovereignty of contemporary states with respect to border policy: the occupancy and self-determination interests of Indigenous peoples may ground the moral rights of their communities to co-manage international border crossings with states. Finally, I argue that collective interests in cross-border political identities and self-determination can ground the rights of Indigenous peoples to form unified cross-border jurisdictional units that demand recognition by states, alongside the rights of Indigenous peoples to regulate group membership. (shrink)

The legal and normative openness of human rights allows for the integration of new subjects, arenas, violators, and protectors of human rights. Indigenous movements manage to use this flexibility and implement their claims within the human rights system. Yet, indigenous rights cause manifold discussions and ambiguities, all of which are related to the question of the concept of indigeneity. In spite of the endeavor for pragmatic and flexible approaches, scopes and implications of concepts of indigeneity need to be (...) dealt with. This paper discusses both scope and implications, starting from hegemonic criteria for a working definition of indigeneity. It shows how indigenous identity is inextricably linked to its non-indigenous other. Subsequently, indigenous human rights entail specific repercussions in indigeneity being a resource and an imperative. Those repercussions stem from indigeneity being simultaneously a source and target of indigenous human rights claims and from the self-referential duplication of the right to indigeneity for indigenes, respectively. The provided tools for an analysis of the ambiguities of indigenous human rights contribute to their further and more just development, implementation, and monitoring. (shrink)

In our global neocolonial and neoliberal present, so-called solutions to settler-Indigenous conflict are often framed as a reconciliation achieved through a multicultural democratic society. However, this conception of resolution frequently adopts a superficial understanding of culture that ultimately understands cultural difference as reconcilable in the sense that other cultures can be folded into or made compatible with dominant cultural norms. On Turtle Island (North America), especially within the settler colonial context, such reconciliation as resolution becomes a differently fashioned form (...) of domination as assimilation especially from the vantage points of Indigenous nations and Afro-descended peoples. This essay explores the ontological incommensurabilities of cultural difference that resist assimilation or translation into dominant Euro-Western cultural frameworks. It does this through examining the way culture and ontological orientation, or world-senses, are made and live on through various modes of cultural preservation and practice. I examine these ideas through Indigenous practices of orality, origin stories, ceremony, and cultural revitalization. (shrink)

The controversy over the possibility of an indigenous Latin American Philosophy might be understood as dealing with an older question about the nature of philosophy itself: Is the nature of philosophy purely speculative, practical, or both? For the sake of argument, I am using the term “Latin American Philosophy” in a normative sense as referring to social and political philosophy written by Latin Americans to change oppressive conditions and policies affecting their societies. I am assuming that liberation philosophers fall (...) under the above description. Unlike liberationists, I argue that universalist philosophers can present illuminating and hence persuasive arguments for their position. Of course, liberationists might argue that I am begging the question. But if they could successfully demonstrate that I am doing so, they would be compelled to appeal to at least some nonarbitrary principle of adjudication. If they were to do so, they would be supporting rather than undermining my argument in favor of a universalist conception of philosophy. (shrink)

Abstract In 1995, the constitution of the Mexican state of Oaxaca was reformed to recognise indigenous usages and customs for the election of municipal governments. This recognition is problematic from a normative perspective, as women, new?comers and dwellers in municipal sub?units are disenfranchised in a good number of indigenous municipalities of the state. Nevertheless, this article argues against a summary assessment of the (presumably illiberal) consequences of this recognition policy. Following James Tully, it advocates an intercultural, dialogical and (...) inclusive procedure to tackle the perils of the politics of recognition in Oaxaca and Mexico. However, this procedure?based approach raises problems of its own related to the issues of representation and intra?communal divisions. As a result, the ultimate role of substantive commitments, in particular to individual rights, needs to be recognised. Despite these shortcomings, though, an approach based on an intercultural, dialogical and inclusive conflict?solving procedure is the best option to deliver more just answers to indigenous demands for recognition. (shrink)

Cultural norms and values, as well as historical, social, and legal contexts shape the public uses and expressions of particular emotions, including anger. In the settler states of Aotearoa New Zealand, Australia, and Canada, indigenous peoples and those who came later negotiate the unfinished business of empire. Their exchanges are framed in terms of ethnic identity and difference. It is argued here that anger plays a significant part in the legal and political processes of claim, denial, and response through (...) which these differences are articulated and transacted. This article examines situations where people whose very naming is a product of European thought engage in the struggles of decolonization. The very different occasions and forms of anger over justice claims described illustrate the extent to which meanings are not shared in these societies. (shrink)

This article considers the methodological limits and possibilities of a cultural turn in comparative religious ethics by “translating” the Latin American Indigenous meanings of buen vivir (living well), a subsistent mode of interdependent flourishing resistant to Western models of extractive development amid the Anthropocene. It problematizes the methodological challenge of translating Indigenous cultures from within a Western colonial political economy that has historically relegated Indigenous Americans to the primitive level of savage inferiority according to a stadial theory (...) of socioeconomic development. However, constructive methodological options for translating Indigenous cultures emerge from the Journal of Religious Ethics's existing conversations about comparative religious ethics. On the one hand, recent critical anthropology and ethnography, abetted by intellectual history, provide tools for ethicists in the recovery of Indigenous critiques and meanings against longstanding Western cultural patterns. On the other hand, nativizing the concept of the religious classic thematizes the normative dimensions of Indigenous cultures, demonstrating how the translation of buen vivir points to intercultural dialogue rather than cooptation and manipulation. (shrink)

The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on which (...) the UN is itself grounded. However, such fears are the result of very poor understandings of the ethical principles under which the relations between indigenous peoples and nation-states already have been formed under centuries of European colonialism. The principle of self-determination embraced in this Declaration does not diverge from colonial norms; it entrenches these norms as international policy. Without doubt, indigenous peoples are more likely to benefit than suffer from states' observance of the Articles within this Declaration. Reducing the challenge of indigenous peoples' rights to the notion of self-determination set out in this document, though, misses an extraordinarily important opportunity to critically investigate the ethic of rights that has produced an opposition between nation-states and indigenous peoples to begin with. A true turn in the ethics of this relationship would see not simply the institution of a right to self-determination but, rather, indigenous peoples' right to first determine the nature of self for themselves. (shrink)

Deliberative scholars have suggested that citizens should be able to exchange arguments in public forums. A key element in this exchange is the rational mode of communication, which means speaking through objective argumentation. However, some feminists argue that this mode of communication may create or intensify epistemic injustices. Furthermore, we should not assume that everyone is equally equipped to take part in deliberation. Certain groups, such as Indigenous peoples, for instance, who may not be versed in rational forms of (...) argumentation, may not be listened to or involved sufficiently in the deliberative process. Therefore, it seems we need an alternative mode of communication, such as storytelling, which is a first-person or collective narrative. Given this, how should we pursue this goal? This article aims to answer this question by analysing a local conflict involving an Indigenous tribe and a neighbouring community in Brazil and exploring the underlying testimonial and hermeneutical injustices. I argue that storytelling has an important normative and institutional role in public deliberation and show that its applied version could overcome epistemic injustices and lead to better public policies. (shrink)

In recent years, critical theorists such as Amy Allen and Robert Nichols have aimed to “decolonize critical theory,” by which they mean to make the tradition of critical theory less hostile to, and more compatible with, the ideas and movements of Indigenous peoples. In this article, however, I argue these efforts have failed to consider the relationship of two key elements of critical theory with Indigenous thought: that all normativity is generated immanently to historically and socially located (...) struggle, and that normativity is negatively defined. These two elements, I argue, are not fully endorsed in the work of many Indigenous thinkers. By drawing on the work of a diverse group of contemporary Indigenous scholars, I show, first, that nature is generally a relevant normative category in Indigenous thinking in a way that is irreducible to historical location. Second, I argue that for many Native scholars, right action is not simply a matter of resisting colonialism. While resistance features heavily, of course, I suggest that Indigenous thinking often includes a substantive positive vision of living well that has not—as of yet—been considered by critical theorists. (shrink)

In this chapter, we focus on animism and how it is studied in the cognitive science of religion and cultural anthropology. We argue that philosophers of religion still use (outdated) normative notions from early scientific studies of religion that go back at least a century and that have since been abandoned in other disciplines. Our argument is programmatic: we call for an expansion of philosophy of religion in order to include traditions that are currently underrepresented. The failure of philosophy of (...) religion to discuss and accommodate different perspectives means a large part of human religious beliefs, practices, and experiences remains outside its purview. As a point of focus, we examine animism in two cultures as a way to think about what sorts of questions and ideas an expansion of philosophy of religion into lesser-explored traditions could offer. (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)

Much has been written about indigenous knowledge and intellectual property rights in fields like anthropology and law. However, it remains an under-examined topic in business and management literature. In this article, we review the emerging contentious discourse, definitional issues and underlying assumptions of the western IPR and indigenous knowledge management systems. We highlight the similarities and differences between the two approaches. We argue that adopting a view that law is socially constructed with ethical underpinnings helps sort out the (...) thorny issues related to indigenous knowledge ‘expropriation’. To do this, we draw on the role of ethical norms in the historical evolution of IPRs regimes. Finally, grounded in Stakeholder Theory, we conclude with a discussion of managerial implications. (shrink)

This work contributes to the philosophical debate on the normative dimension of postcolonial education in Zimbabwe. The work is a reaction to revelations made by the Commission of Inquiry into Education and Training of 1999 and its concomitant recommendations. Among its many observations, the Commission noted that there was a worrisome development concerning the normative dimension of the country's education, which needed to be addressed by the introduction and strengthening of an indigenous moral theory of unhu/ubuntu in the education (...) system. The work examines this recommendation in the light of developments brought about by modernity and their effects on value theory in modern education. It cautions, though without being pessimistic, that while the desire for what is one's own is indeed understandable, the changes in social ontology brought about by modernity render a successful revitalization of the traditional African values difficult. This work argues that the moral problem facing Zimbabwe could have very little, if anything, to do with the purported lack of an indigenous value theory in the education system, but is simply a manifestation of the effects of the ideological weight of Western modernity on the African communalistic value system. (shrink)

Recent work by comparative philosophers, global ethicists, and cross-cultural value theorists indicates that, unlike most Western thinkers, those in many other parts of the globe, such as indigenous Africa, East Asia, and Latin America, tend to prize relationality. These relational values include enjoying a sense of togetherness, participating cooperatively, creating something new together, engaging in mutual aid, and being compassionate. Global economic practices and internationally influential theories pertaining to justice, development, and normative economics over the past 50 years have (...) been principally informed by characteristically Western and individualist values such as utility, autonomy, and capability. In this article I consider what economic appropriation, production, distribution, and consumption would look like if they were more influenced by relational values typical of non-Western worldviews, and especially the sub-Saharan ethic of ubuntu. (shrink)

In the field of psychology, filial piety is usually defined in terms of traditional Chinese culture-specific family traditions. The problem with this approach is that it tends to emphasize identification of behavioral rules or norms, which limits its potential for application in other cultural contexts. Due to the global trend of population aging, governments are searching for solutions to the accompanying financial burden so greater attention is being focused on the issue of elder care and its relevance to filial practices. (...) We contend that the psychological investigation of filial piety in Chinese societies has progressed to the point that it can now provide a solid structure for research targeting intergenerational relations in other cultures. We describe an indigenous psychology approach that integrated Chinese historical, philosophical, and social trends to construct a model of filial piety in terms of the dual reciprocal and authoritarian filial aspects underlying parent-child relations: the dual filial piety model (DFPM). We use this model to re-conceptualize filial piety from its usual definition as a set of Chinese culture-specific norms to a contextualized personality construct represented by a pair of culturally-sensitive psychological schemas of parent-child interaction. We then describe how the DFPM can provide a framework for research on filial relations on individual, structural, societal, and cross-cultural levels. We conclude with a discussion of how the model may be able to integrate and extend Western research on intergenerational relations and contribute to the issue of elder care beyond Chinese societies. (shrink)

Much of the debate around requirements for the free, prior, and informed consent of indigenous peoples has focused on enabling indigenous communities to participate in various forms of democratic decision-making alongside the state and other actors. Against this backdrop, this article sets out to defend three claims. The first two of these claims are conceptual in nature: (i) Giving (collective) consent and participating in the making of (collective) decisions are distinct activities; (ii) Despite some scepticism, there is a (...) coherent conception of collective consent available to us, continuous with the notion of individual consent familiar from discussions in medical and sexual ethics. The third claim is normative: (iii) Participants in debates about free, prior, and informed consent must keep this distinction in view. That is because a group’s ability to give or withhold consent, and not only participate in making decisions, will play an important role in realising that collectives’ right to self-determination. (shrink)

Environmental destruction has contributed to climate change, a contemporary threat to the survival of the human race. Currently, many young people across the world are increasingly and actively involved in climate action, because of the realisation that climate change will disproportionately affect them. Kenya is adversely affected by climate change, with erratic and unpredictable rainfall patterns now being the norm. Given that the youth make up a large segment of the Kenyan population, they are well placed to contribute efficaciously to (...) combating climate change. This article relied on both primary and secondary sources of data. Interviews, participant observations, focus group discussions, articles, books and archival material were used to generate data. Purposive and snowball sampling techniques were used to get key informants. Data were analysed thematically as per the topic under study. The article focuses on how the Sengwer indigenous community created environmental awareness and utilised their epistemological approaches to ensure a conscious mindset amongst the youth on the sustainability of the environment. In this article, we argue that the complex social systems that have religious underpinnings in traditional society play a critical role in ensuring that young people are environmentally conscious. Religion facilitates knowledge acquisition amongst the youth and shapes their understanding and consciousness of the environment. The findings indicate that indigenous communities had an effective system of ensuring that young people are conscious of their environment.Contribution: This article seeks to contribute to an instauration of indigenous knowledges and epistemologies on environmental issues. It proffers for a holistic approach of incorporating indigenous ways of creating environmental consciousness and awareness amongst the youth. (shrink)

The 21st century has witnessed an urgent need to digitise, learn, manage, preserve and exchange oral history in South Africa. This forms the background of the demonisation of indigenous knowledge systems that has impacted negatively and eroded the African values, norms, purpose, growth, sustainability and improvement of indigenous communities. In light of this realisation, this article explores the challenges offered by digitisation of VhaVenda oral history. It is well known that the digitisation of oral tradition carries both the (...) good and the bad. Journalists, academics and archivists of oral history cannot become spectators and allow challenges to stop them from collecting, recording and managing valuable heritages. The article is premised upon the Sankofa and critical theory frameworks. An Afrocentric participatory and exploratory qualitative research design was employed to investigate the data. VhaVenda knowledge holders, journalists, academics, and archivists’ views were solicited using semistructured interviews. Participants were selected using purposive sampling. The article’s findings unveiled that the digitisation of VhaVenda oral tradition has been an acute daily agony because of the following thorny issues: language issues, methodological challenges, sponsorship and the politics of preferring. Because the country faces the danger of losing out on gaining the benefits of VhaVenda oral history, the authors encourage and promote a holistic approach embracing multiple stakeholders to overcome the challenges faced in digitising the VhaVenda oral tradition.Contribution: The study advocates for the balancing of ancient traditional forms and relating them to present technology so that oral history trajectories march into the future, grounded in Afrocentric expressions whilst maintaining flexibility to accommodate the versatile nature of culture by embracing technology. (shrink)

This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, the capacity for voice (...) and exit cannot be taken for granted, for community norms may be organized in ways that deny women any voice in its decision-making forums as well as the resources they would need to survive outside the community. This essay draws on research among the Gond, an indigenous community in India, to explore this debate. Given the strength of the forces within the community militating against women’s capacity for voice or exit, the question motivating our research is: Can external organizations make a difference? We explore the impacts of two external development organizations that sought to work with women within these communities in order to answer this question. (shrink)

Taking its direction from references to Black and Indigenous struggles present in Leonard Harris’ oeuvre, this chapter turns to politicized acts of resistance among Black and Indigenous communities. More specifically, the essay traces the functions of cultural pluralism, value relativism, and representative heuristics within solidarity work that enact logics of resistance to settler colonization and anti-Black racism, among other forms of oppression. Through this analysis, we see that Harris’ views about insurrection and normativity entail that both oppression (...) and resistance are the result of multiplicitous forms of agency. (shrink)

From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease (...) out the conflicts between intellectual property laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

The norms and ideals of human rights are increasingly invoked by civil society organisations to construct claims related to land tenure and access to food, particularly to challenge a massive expansion of agricultural investment in a developing country. While this has facilitated negotiations on rights and the formulation of claims, studies that investigate to what extent such endeavours achieve the transformational goals advocated by human rights proponents or in particular whether they have been successful in instigating any institutional reform in (...) the governance of massive agricultural modernisation projects are scanty. After discussing a national agricultural modernisation project, the Merauke Integrated Food and Energy Estate , set up in Merauke, Papua, the article concludes that the analysis of the transformative role of human rights requires a prudent examination of the role of the State in the negotiation process, the patterns of socio-cultural interactions signifying the political setting and the pressure experienced and perceived by actors that affect the issues selected and omitted. (shrink)

The use of the capability approach as an evaluative tool for Information and Communication Technology (ICT) policy and programs in developing countries, in particular at a grass-roots community level, is an emerging field of application. However, one of the difficulties with ICT for development (ICT4D) evaluations is in linking what is often no more than a resource, for example basic access, to actual outcomes, or means to end. This article argues that the capability approach provides a framework for evaluating the (...) strength of this linkage and that the latter is a key determinant of whether or not communities sustain ICT4D programs beyond the initial start-up phase. The argument is made by describing an evaluative application of the capabilities approach to community ICT4D programs using two Indigenous community case studies conducted in Cape York, in the far north-east of Australia. Key to the evaluative approach is the identification of community defined, context specific concepts of well-being and constitutive valued functionings and the derivation from this of required capabilities. This move away from normative definitions of capabilities or capability types to a definition that reflects the Indigenous culture, history, circumstances, and well-being aspirations of each community is intended to give a voice to the people and at the same time provide a deeper informational base—through narrative—for policy and program design than has previously been available. The article concludes that by operationalising the capability approach in a context and purpose specific way, policy and program design can be improved so as to include more communities on the margin and thereby achieve more socially inclusive ICT based development. A process is also outlined for using the evaluative application of the capability approach for community ICT4D within a policy feedback loop. (shrink)

Bioethics is gradually becoming an important part of the drive to increase quality healthcare delivery in sub‐Saharan African countries. Yet many healthcare service‐users in Africa are familiar with incidences of questionable health policies and poor healthcare delivery, leading to severe consequences for patients. We argue that the overarching rights‐based ethical administrative framework recently employed by healthcare authorities contributes to the poor uptake and enforcement of current normative tools. Taking Ghana as a case study, we focus on the cultural ethical context (...) and we tease out the concepts of the good and the ethical among the Akan and Bulsa ethnic groups. We point out three tenets towards building a normative framework that can resonate with service‐users and practitioners: ontological communitarianism; empathic humanism; and virtuous character. Finally, we indicate how these core tenets can be dovetailed into building an effective normative framework and into the training of healthcare providers. (shrink)

Since European settlement, the Western calendar has insufficiently accounted for the seasonal nuances and multiple temporalities of Australia. Beginning with Tim Entwistle’s recent proposal to revise the four-season Australian norm, this article traces the emergence of the Western calendar in Europe and its institutionalization ‘Down Under.’ With its emphasis on land-based calendars, the Indigenous Weather Knowledge Project is a partnership between Aboriginal communities and the Bureau of Meteorology aimed at preserving and promoting knowledge of the endemic seasons of Australian (...) regions. As themost recent addition to the IWKP, the six-season Nyoongar calendar of the South-West of Western Australia is based on meteorological conditions, such as wind directions and temperatures, but also on the procurement of food, maintenance of cultural knowledge, and performance of ceremonies. Through the fusion of phenomenological and phenological approaches, the endemic seasons of Australia can be appreciated in their depth and extent. (shrink)

Recent feminist philosophy of language has highlighted the ways that the speech of women can be unjustly impeded, because of the way their gender affects the uptake their speech receives. In this chapter, I explore how similar processes can undermine the speech of a different sort of speaker: Indigenous communities. This involves focusing on Indigeneity rather than gender as the salient social identity, and looking at the ways that group speech, rather than only individual speech, can be unjustly impeded. (...) To do this, I make use of the notion of ‘discursive injustice’ that has been developed by Quill Kukla, and, with reference to three case studies, show how discursive injustice can effectively derail the speech of Indigenous communities. (shrink)

Ethnic groups are universal and unique to human societies. Such groups sometimes have norms of behavior that are adaptively linked to their social and ecological circumstances, and ethnic boundaries may function to protect that variation from erosion by interethnic interaction. However, such interaction is often frequent and voluntary, suggesting that individuals may be able to strategically reduce its costs, allowing adaptive cultural variation to persist in spite of interaction with out-groups with different norms. We examine five mechanisms influencing the dynamics (...) of ethnically distinct cultural norms, each focused on strategic individual-level choices in interethnic interaction: bargaining, interaction-frequency-biased norm adoption, assortment on norms, success-biased interethnic social learning, and childhood socialization. We use Bayesian item response models to analyze patterns of norm variation and interethnic interaction in an ethnically structured Amazonian population. We show that, among indigenous Matsigenka, interethnic education with colonial Mestizos is more strongly associated with Mestizo-typical norms than even extensive interethnic experience in commerce and wage labor is. Using ethnographic observations, we show that all five of the proposed mechanisms of norm adoption may contribute to this effect. However, of these mechanisms, we argue that changes in relative bargaining power are particularly important for ethnic minorities wishing to preserve distinctive norms while engaging in interethnic interaction in domains such as education. If this mechanism proves applicable in a range of other ethnographic contexts, it would constitute one cogent explanation for when and why ethnically structured cultural variation can either persist or erode given frequent, and often mutually beneficial, interethnic interaction. (shrink)

Community engagement (CE) contributes to successful research. There is, however, a lack of literature on the effectiveness of different models of CE and, specifically, on CE strategies for the conduct of genomic research in sub-Saharan Africa. There is also a need for models of CE that transcend the recruitment stage of engaging prospective individuals and communities and embed CE throughout the research process and after the research has concluded. The qualitative study reported here was designed to address these knowledge gaps (...) and comprised of 36 key informant semi-structured interviews and fifteen focus groups with 50 participants. We interviewed selected stakeholders in genomic research in Nigeria: biomedical researchers, community rulers, opinion leaders, community health workers, and prospective research participants. We explored these stakeholders’ views on their understanding of community engagement, their expectations, experiences, and their opinions on acceptable processes of community consultation in genomic research. The methodological design, adapted from grounded theory, used the constant comparative method of data analysis; while normative conclusions were made using the symbiotic empirical ethics approach. Data analysis revealed five main themes important for successfully engaging communities in genomic research: effective communication, diversity of community gatekeeping, trust, cultural integration of research, and conservation of the research setting. From these themes, we have developed a four-stage model of community engagement that covers all stages of the research process; namely, the Community Approach, Intermediate phase, Collaboration and Post-research Cordiality model (CICP). This model could be used to improve the integration of CE in genomic research among local communities. (shrink)

1. In this article, I will use a case study to explore the broader question of how to assess socioeconomic development from a normative perspective, especially in relation to indigenous peoples.1 T...

What is the appropriate degree of abstraction from existing social facts when engaging in normative political theory? Through a focus on American Indian and other indigenous claims over historically expropriated lands, this essay argues that highly abstracted forms of normative analysis can often misunderstand the core moral problems at stake in real cases, and that they can pose moral dangers when they do so. As argued, the hard moral issues involved in indigenous land claims within countries such as (...) Canada and the United States often have far more to do with questions about competing uses for public lands than with abstract property theory as such. The essay argues that normative theorists will often do more social good, and pose fewer dangers, when they pay close attention to the real moral challenges that social actors face on the ground than when they become captured by abstract questions with ambiguous practical importance. (shrink)

Background: Research must respect ethical norms and informed consent, with appropriate cultural adaptation and verification of its understanding in indigenous communities of the Andean and Amazonian regions, including social and medical research. Objective: Determine to what extent IC is understood in an Aymara community in Peru, specifically as concerns a school nutrition project. Methodology: A prospective, quasi-experimental field study of an educational intervention was conducted in Puno during 2015. The objectives and procedures of the school nutrition project in question (...) were explained to the local Aymara leaders, and a questionnaire was prepared on knowledge and practices regarding healthy lunch boxes for Aymara children. An educational nutrition program and two IC formats were drawn up. The documentation was evaluated by a research ethics committee. Results: Seventy Aymara villagers participated in the research project. The extent to which they understood the IC was modified to a statistically significant degree subsequent to the educational intervention and adaption for cultural appropriateness. (shrink)

This dissertation is the first step in a larger research project aimed at bridging the gap between Western philosophy and Indigenous thought. Here, I identify a useful methodological approach to the social contract by analyzing the tradition under an historical lens. I highlight that, along with the justificatory capacities of the social contract, comes a great deal of modelling involved in different versions of the social contract. This modelling comes in the form of four pre-contractual elements that different authors (...) model in different ways. I show how different authors choose different structural problems or injustices that such theories want to address, as well as normative commitments that their theories are committed to, a standard of considerability of interests that identifies whose interests matter for those deliberating the terms of the contract, and a contractual device. Once that has been established, I am able to provide some foundational elements for establishing a framework for the development of a theory of global justice. I focus on the first three pre-contractual elements. (shrink)

This paper responds to five critics (Eva Buddeberg, Scott Marratto, Michael Naas, Janna Thompson, and Jason Wirth) and their commentaries on my Taking Turns with the Earth. Phenomenology, Deconstruction, and Intergenerational Justice (Stanford University Press, 2018). In relation to the book’s argument, my response seeks to clarify and elaborate the role of indigenous philosophies; the meaning and value of the concept of earth; the ontology-ethics interface and the emergence of normativity with birth and death; the practical feasibility and (...) motivational force of the book’s proposals for conceptualizing justice for future generations, namely asymmetrical reciprocity and taking turns; and the role of democratic institutions for justice between generations in view of the global capitalist economy. (shrink)

Scientists like Grace Augustine and Norm Spellman understand that seeing is important to Na'vi. They even understand that the significance of the expression I see you reaches far beyond a mere acknowledgment of someone having entered a visual field. Grace may have dedicated her life to studying Na'vi culture, but there remains an invisible barrier that prevents her from really seeing the Na'vi. Parker Selfridge and Colonel Miles Quaritch look on the elegant nymph‐like Na'vi, the desire for possession and control (...) blazes in their eyes, blinding them to what a travesty destroying the Na'vi unique way of life would be. The scientists see avatars as sweet new rides rather than actual bodies. But Grace's relationship to her Na'vi body brings out an additional element of the scientists' relationship to the Na'vi, one for which Western ethnographers studying indigenous cultures have also come under criticism. (shrink)

Toward the end of the twentieth century, Highland Maya intellectuals and activists in Guatemala began to argue for the recognition of indigenous customary law, rooted in traditional Maya moral and ritual discourse. Such law is often in tension with the Western notion of rights that undergirds national and international treatises regarding indigenous peoples. This essay identifies three distinct but mutually engaged pairs of moral concepts—hot/cold, left/right, and favorable/not favorable—articulated through K'iche' Maya quotidian and ceremonial practices and speech. It (...) also identifies the extent to which they do not necessarily align with Western notions of good and bad. These three pairs of moral terms, specifically as conserved through the high-register of Maya discourse used by traditional ceremonial specialists, illustrate a normative means by which Highland Maya discern understandings of justice, and ground their advocacy for restorative justice. (shrink)

In this study, we discuss the colonial project as an eliminatory structure of indigenous ways of knowing and doing that is built into Canadian social and health institutions. We elaborate on the role nursing plays in maintaining systemic racism, marginalization and discrimination of Indigenous Peoples. Based on historical practices and present‐day circumstances, we argue that changing language in research and school curriculums turns decolonization into what Tuck and Yang call a ‘metaphor’. Rather, we propose decolonization as a political (...) project where nurses acknowledge their involvement in colonial harms and disrupt the assumptions that continue to shape how nurses interact with Indigenous people, including knowledge systems that perpetuate colonial interests and privilege. Decolonization requires nurses to understand the colonial practices that led to dispossession of land, erasure of knowledge, culture and identity, while upholding indigenous ways of knowing and doing in health, healing and living. As a political manifesto that liberates indigenous life from oppressive structures of colonialism and capitalism, The Red Deal is presented as a visionary platform for decolonization. The aim of this study is to articulate three dimensions of caretaking within The Red Deal as a framework to decolonize nursing knowledge development and practice. Based on the philosophical dimension embedded in The Red Deal that revoke norms and knowledge assumptions of capitalism that destroy indigenous ways of knowing and doing, we underscore an approach toward decolonizing nursing. Our approach rejects the apolitical nature of nursing as well as the unilateral western scientific knowledge approach to knowledge development and recognition. A critical emancipatory approach that addresses the socio‐political and historical context of health care, recognizes dispossession of land and adopts a ‘multilogical’ vision of knowledge that gives space for representation and voice is needed for true decolonization of nursing. (shrink)

Insofar as the postcolonial project is one of the elaboration of "the plurality of modernity, and the agency multiplying its forms", my project is a contribution to this larger one in the form of a postcolonial theory of multiculturalism (Ashcroft, 2009, p. 85). Drawing from minority standpoints, arguments, and narratives, I focus on the lives and perspectives of a few broad groups in particular: indigenous peoples in Canada, Muslim women, and East Asian "immigrant" minorities. I take up a critical (...) theory approach to framing multicultural theory and the questions it asks from the standpoints of minorities themselves, foregrounding the challenges and perspectives of racialized groups for whom their ethno-culture is morally salient and central to their own understanding of their identities and aims. This framework draws on the insights of feminist theorists of deliberative democracy but also departs from them in the crucial respect of affirming a conception of culture and identity that accepts some basic "communitarian" ideas of morality and culture, while conceiving these within a postcolonial project of cultural reclamation rather than a republican framework of the public sphere. My project is organized into two parts: The first section systematically critiques the dominant liberal multiculturalist model based on Canadian multicultural policy and theorized by Kymlicka, which is oriented by the liberal state's perspective in its aims of integrating minorities. In the first chapter, I reject his universalist principle of liberal neutrality as the standard for justice in favour of a pluralist democratic standard that accommodates "thin" theories of the good. In the second and third chapters, I reformulate Kymlicka's categories of "national minorities" and "polyethnic minorities" respectively in order to take account of postcolonial indigenous sovereignty and the transnational scope of ethnic identity. The second section develops a pluralist account of agency in its descriptive (Chapter 4), normative (Chapter 5), and prescriptive (Chapter 6) aspects (Deveaux 2006 p. 179). This is developed as a constructive critique of liberal standards of autonomy, particularly feminist proposals for a standard of procedural autonomy, as unable to adequately describe and assess heteronomous agency. (shrink)

Recently, indigenous struggles against ongoing colonial violence have become prominent in the context of growing environmental destruction and the ascendancy of the far right in the United States and parts of South America. This article suggests that European radical theory is not always equipped to provide normative frameworks of allyship with such struggles. Exploring the ‘messianic tone’ in European radical theory, and in particular the works of Jacques Derrida and Giorgio Agamben, the article argues that the analytical tendency to (...) render the subject entirely dissolute acts against indigenous demands for justice built around the latter’s sovereignty. In an effort to excavate a ‘European’ tradition that might enable relations of allyship between those in relatively privileged positions and indigenous peoples, the article foregrounds the life and thought of Gustav Landauer, a German, Jewish, anarchist revolutionary who lost his life during the 1919 German revolution. Landauer’s anarchism was suffused with his reading of his Jewishness, and as such, although he prefigures Derrida and Agamben in many ways, he ultimately refused to completely reject the sovereignty of the subject, providing a means by which to engage European political theory with indigenous struggles in the world today. (shrink)

The commons is frequently taken to be a model of democracy. Yet, the problems of overuse and enclosure that plague common-pool resources suggest that democratic norms of inclusion, equality, and pluralism may not be realized in practice. Existing contractarian accounts of the democratic value of the commons tend to assume equality of power and clear boundaries between users and non-users. Alternative accounts that emphasize practices of commoning assume a shared social identity that appears incompatible with pluralism. These accounts provide little (...) insight into how common-pool resource regimes marked by inequalities of power might be democratized for the long-term. In contrast, I argue that the idea of treaty can serve as the basis for a democratic theory of the commons that justifies exclusion of those who would oppress marginalized groups, facilitates polycentric governance, and creates opportunities for deliberation and contestation. I illustrate the argument with reference to disputes over fisheries between the Mi’kmaq, non-Indigenous peoples, and the Canadian state. (shrink)

Using the concepts of epistemic virtue and vice as defined by José Medina, and reciprocal recognition as outlined by Glen Coulthard, I argue that the Canadian state is currently in a non-reciprocal relationship with Indigenous peoples as a result of epistemic failure on the part of the state. This failure involves a surfacelevel recognition of Indigenous peoples at the same time as the manifestation of the epistemic vices of arrogance, laziness and closed-mindedness. The epistemic injustice framework alongside a (...) critique of the politics of recognition can help shed light on what is going wrong betweenthe settler state and Indigenous peoples. Moreover, by appealing to grounded normativity, an Indigenous ethical framework, I argue that a land-based ethics of reciprocity can help us move toward reciprocal recognition and equality, if we are epistemically humble, curious and open-minded to it. (shrink)