David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
The Proceedings of the Twenty-First World Congress of Philosophy 3:97-103 (2007)
The present paper examines conventional wisdom on the subject of the justification of indigenous peoples' intellectual property rights, and offers an alternative approach. The examination is achieved by a critique of two such conventional approaches in terms of the strength of each argument employed, and in terms of the efficacy of each in the roles allotted to them. The first such argument is Stenson and Gray's application of Kymlicka's individualist theory advocating national minority autonomy. The second argument is the labour entitlement theory of property acquisition, as advanced by Locke and Nozick. These theories only explain how a liberal social contract theorist would construct justifications from the outside. That this is inadequate is shown by reference to a case study involving indigenous claims against Australian law based on indigenous customary law. There, appeals are not made to abstract theory, but to tribal imperative. This observation finds sympathetic support in a reading of Hegel's philosophy of history. Hegel finds spirit in all peoples at all times. To Hegel, non-state peoples are developmentally prior to states; this means that states have developed dialectically from such peoples and cannot therefore deny them without self-contradiction. This places an onus upon a state that has subsumed an indigenous people to accommodate its laws and ways
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Anthony J. Stenson & Tim S. Gray (1999). An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities. Environmental Ethics 21 (2):177-190.
Megan Jane Davis, Indigenous Rights and the Constitution: Making the Case for Constitutional Reform.
Tim S. Gray (1999). An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities. Environmental Ethics 21 (2):177-190.
Mark F. N. Franke (2007). Self-Determination Versus the Determination of Self: A Critical Reading of the Colonial Ethics Inherent to the United Nations Declaration on the Rights of Indigenous Peoples. Journal of Global Ethics 3 (3):359 – 379.
Susan Dodds (1998). Justice and Indigenous Land Rights. Inquiry 41 (2):187 – 205.
Terry Dunbar & Margaret Scrimgeour (2006). Ethics in Indigenous Research – Connecting with Community. Journal of Bioethical Inquiry 3 (3):179-185.
R. Nichols (2013). Indigeneity and the Settler Contract Today. Philosophy and Social Criticism 39 (2):165-186.
Claire Smith & Hans Martin Wobst (eds.) (2005). Indigenous Archaeologies: Decolonizing Theory and Practice. Routledge.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-391.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-91.
Michael Lane, Indigenous Peoples Tribal Self Government: Legal History and Public Policy Manifestations in Canada, New Zealand and the United States.
David A. Lertzman & Harrie Vredenburg (2005). Indigenous Peoples, Resource Extraction and Sustainable Development: An Ethical Approach. [REVIEW] Journal of Business Ethics 56 (3):239 - 254.
Added to index2011-12-02
Total downloads15 ( #226,753 of 1,789,985 )
Recent downloads (6 months)6 ( #140,142 of 1,789,985 )
How can I increase my downloads?