Results for 'indigenous rights'

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  1.  62
    Indigenous Rights, Global Governance, and State Sovereignty.William H. Meyer - 2012 - Human Rights Review 13 (3):327-347.
    This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of (...) rights brought before the Inter-American Court of Human Rights. A third case looks at a relatively new international regime created by indigenous peoples themselves—the Inuit Circumpolar Council. I conclude by using theories of sovereignty to assess the relative successes and failures of indigenous efforts to secure their rights. (shrink)
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  2.  9
    The Indigenous Rights State.Benjamin Gregg - 2020 - Ratio Juris 33 (1):98-116.
  3. Indigenous Rights and Environmental Justice.Roy W. Perrett - 1998 - Environmental Ethics 20 (4):377-391.
    The modern environmental movement has a tradition of respect for indigenous cultures and many environmentalists believe that there are important ecological lessons to be learned from studying the traditional life styles of indigenous peoples. More recently, however, some environmentalists have become more sceptical. This scepticism has been sharpened by current concerns with the cause of indigenous rights. Indigenous peoples have repeatedly insisted on their rights to pursue traditional practices or to develop their lands, even (...)
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  4.  12
    Indigenous Rights in El Salvador: Prospects for Change. [REVIEW]Lyana Patrick - 2004 - Human Rights Review 5 (3):92-102.
    In 1996, the National Association of Salvadoran Indians participated in a UN-sponsored conference on the development of forest resources. Their involvement in the conference highlighted the growing international presence of Salvadoran indigenous organizations. Unfortunately, there is also very limited information available on these groups. As some have commented:The Salvadoran Indians … are an invisible or ghostly presence in the country: cautious in their public presence as an ethnic community, officially non-existent—yet still recognised by neighbours, local municipal governments and, most (...)
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  5.  26
    The Culture of Indigenous Rights Activism and David Stoll’s Rigoberta Menchú.Brian D. Haley - 1999 - Human Rights Review 1 (1):91-98.
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  6.  29
    Indigenous Rights in The Venezuelan Legislation.Cristian Rojas & Marco Galetta - 2008 - Proceedings of the Xxii World Congress of Philosophy 11:137-147.
    This paper is emphatically focused in the analysis on the indigenous problem such as it had been ruled by law in the different Venezuelan Constitutions since the foundation of the Republic in 1811. Our purpose does not go as far as to treat the ancestral indigenous problem in Venezuela because this would exceeds the limits of our study; although, we will do some references in relation to this question.
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  7.  19
    Indigenous Rights: Oslo: The Last Stage of Conquest.Norman G. Finkelstein - 1998 - Radical Philosophy Review 1 (2):133-140.
    The author compares the strategies used in the conquest of the American West, the imperialism of the Third Reich, the creation of Bantustans in South Africa, and cautions against sanguine readings of the Oslo Peace Talks between Israel and Palestine. He concludes that the current agreements are in fact the last stages of Israeli conquest of Palestine.
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  8. Indigenous Rights.Steven Curry - 2003 - In Tom Campbell, Jeffrey Goldsworthy & Adrienne Stone (eds.), Protecting Human Rights: Instruments and Institutions. Oxford University Press.
     
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  9.  17
    Placing Indigenous Rights to Self-Determination in an Ecological Context.Barbara Ann Hocking - 2002 - Ratio Juris 15 (2):159-185.
  10.  2
    Differences in African Indigenous Rights Messaging in International Advocacy Coalitions.Maia Hallward & Jonathan Taylor Downs - 2022 - Human Rights Review 23 (2):183-204.
    International Indigenous rights coalitions increasingly involve Indigenous and non-Indigenous civil society organizations with diverse backgrounds and interests. As these organizations more frequently interact and partner with one another, what issues are being emphasized in their advocacy efforts? This study utilizes content analysis of 60 Indigenous rights organizations’ websites, as well as interviews of several leaders and staff, to explore whether African Indigenous organizations emphasize different aspects of Indigenous rights in their messaging (...)
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  11. Are There Any Defensible Indigenous Rights?Gillian Brock - 2002 - Contemporary Political Theory 1 (3):285-305.
    In recent years, a number of important challenges have been raised about whether arguments for granting group rights in virtue of ethnicity can really stand up to scrutiny. Two of the most pressing issues involve whether granting rights to groups in virtue of ethnicity involves a certain unfairness to non-members and whether granting such rights licenses unfairness to members . If arguments for indigenous rights are to succeed, they must address these challenges and show how (...)
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  12. Philosophical Justifications for Indigenous Rights.Paul Patton - 2016 - Handbook of Indigenous People's Rights.
    This chapter surveys attempts to provide liberal justification for specific rights available to Indigenous citizens of democratic societies. The most important of these, by Will Kymlicka, relied on the equal right of all citizens to the good of cultural membership to argue for specific rights to protect minority cultures. After noting that Rawls’s political liberalism offers other resources to argue for specific constitutional or legal rights for colonised Indigenous citizens, the chapter turns to consider James (...)
     
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  13. From Terra Nullius to Terra Communis: Reconsidering Wild Land in an Era of Conservation and Indigenous Rights.Yogi Hale Hendlin - 2014 - Environmental Philosophy 11 (2):141-174.
    This article argues that understanding “wild” land as terra nullius emerged during historical colonialism, entered international law, and became entrenched in national constitutions and cultural mores around the world. This has perpetuated an unsustainable and unjust human relationship to land no longer tenable in the post-Lockean era of land scarcity and ecological degradation. Environmental conservation, by valuing wild lands, challenges the terra nullius assumption of the vulnerability of unused lands to encroachment, while indigenous groups reasserting their rights to (...)
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  14.  7
    Colliding Worlds : Indigenous Rights, Traditional Knowledge, and Plant Intellectual Property.Mianna Lotz - unknown
    In this paper I suggest a number of reasons for concluding that Australia's existing Plant Intellectual Property system is incompatible with the provision of adequate protection of ownership of indigenous peoples' traditional plant knowledge.
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  15.  16
    Colliding Worlds: Indigenous Rights, Traditional Knowledge, and Plant Intellectual Property.Marianne Lotz - 2002 - Business and Professional Ethics Journal 21 (3/4):71-94.
  16.  1
    Ownership, Authority, and Self-Determination: Moral Principles and Indigenous Rights Claims.Burke A. Hendrix - 2008 - Pennsylvania State University Press.
    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 (...)
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  17. Citizens of Their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s.Fiona Paisley - 1998 - Feminist Review 58 (1):66-84.
    Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to (...)
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  18. Cosmopolitan Right, Indigenous Peoples, and the Risks of Cultural Interaction.Timothy Waligore - 2009 - Public Reason 1 (1):27-56.
    Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that (...)
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  19. Liberalism, Socio-Economic Rights and the Politics of Identity: From Moral Economy to Indigenous Rights.John Gledhill - 1997 - In Richard Wilson (ed.), Human Rights, Culture and Context: Anthropological Perspectives. Pluto Press. pp. 70--110.
  20.  11
    National Representations: Representation of Interests? The Law of Indigenous Rights: An Intersection Point of View.Adrian Gimate-Welsh - 2006 - Semiotica 2006 (159):93-110.
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  21.  19
    Why Indigenous Land Rights Have Not Been Superseded – a Critical Application of Waldron’s Theory of Supersession.Kerstin Reibold - 2019 - Critical Review of International Social and Political Philosophy:1-16.
    Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to (...)
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  22. Teaching for Understanding: 'Human Rights in Australia - Indigenous Rights and Freedoms'.Mevlana Adil - 2011 - Ethos: Social Education Victoria 19 (4):11.
  23.  18
    Political Theory and the Rights of Indigenous Peoples.Duncan Ivison, Paul Patton & Will Sanders (eds.) - 2000 - Cambridge, UK: Cambridge University Press.
    This challenging book focuses on the problem of justice for indigenous peoples – in philosophical, legal, cultural and political contexts – and the ways in which this problem poses key questions for political theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonisation in these countries raise common (...)
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  24.  42
    The Imperative of Indigeneity: Indigenous Human Rights and Their Limits.Janne Mende - 2015 - Human Rights Review 16 (3):221-238.
    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 (...)
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  25.  4
    Indigenous Women’s Political Participation: Gendered Labor and Collective Rights Paradigms in Mexico.Holly Worthen - 2015 - Gender and Society 29 (6):914-936.
    In Latin America, rights to local political participation in many indigenous communities are not simply granted, but rather “earned” through acts of labor for the community. This is the case in the state of Oaxaca, Mexico, where almost three-fourths of municipalities elect municipal authorities through custom and tradition rather than secret ballot and universal suffrage. The alarmingly low rate of women’s formal participation in these municipalities has garnered attention from policymakers, provoking a series of legislative reforms designed to (...)
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  26.  3
    Valuing Local Knowledge: Indigenous People and Intellectual Property Rights.Doreen Stabinsky & Stephen B. Brush (eds.) - 1996 - Island Press.
    Experts from around the world examine an innovative proposal to promote both cultural survival and biological conservation: treating cultural and indigenous knowledge as a form of intellectual property. Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and (...)
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  27.  38
    “The Right to Self-Determination”: Right and Laws Between Means of Oppression and Means of Liberation in the Discourse of the Indigenous Movement of Ecuador.Philipp Altmann - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (1):121-134.
    The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state (...)
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  28. A Kantian Argument for Sovereignty Rights of Indigenous Peoples.Thomason Krista - 2014 - Public Reason 6 (1-2):21-34.
    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 (...)
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  29.  6
    The Rights of Indigenous Peoples Under International Law.James S. Phillips - 2015 - Global Bioethics 26 (2):120-127.
    International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. This paper will examine the sources of these rights and legal remedies for violations of law. Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment.
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  30. Global Indigenous Research Contexts for Bio-Prospecting: Sacred Collisions of Ethnobotany, Diversity Genetics, Intellectual Property Law, Sovereign Rights, and Public Interest Pharmaceuticals.Anne Waters - 2004 - American Philosophical Association Newsletter on Indigenous Philosophy.
    Waters aries that the demands of indigenous bio-prospecting programs need to be considered against the needs of indigenous communities. Issues of sovereignty and rights to self-determination need to be resolved in the context of negotiating bio-prospecting plans. By setting out clear guidelines and priorities, as determined through the eyes and values of indigenous peoples, indigenous communities may have an opportunity to participate in the global sharing of biomedical information and healing for all our relations. Before (...)
     
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  31.  11
    Indigenous Peoples and Human Rights.Don Conway-Long - 2016 - Human Rights Review 17 (1):115-120.
  32. Justice and Indigenous Land Rights.Susan Dodds - 1998 - Inquiry: An Interdisciplinary Journal of Philosophy 41 (2):187 – 205.
    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 (...)
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  33.  1
    Why Indigenous Land Rights Have Not Been Superseded – a Critical Application of Waldron’s Theory of Supersession.Kerstin Reibold - 2022 - Critical Review of International Social and Political Philosophy 25 (4):480-495.
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  34.  29
    Research Methods in Indigenous Contexts.Arnold Groh - 2018 - New York, USA: Springer.
    This forward-looking resource offers readers a modern contextual framework for conducting social science research with indigenous peoples. Foundational chapters summarize current UN-based standards for indigenous rights and autonomy, with their implications for research practice. Coverage goes on to detail minimally-invasive data-gathering methods, survey current training and competency issues, and consider the scientist’s role in research, particularly as a product of his/her own cultural background. From these guidelines and findings, students and professionals have a robust base for carrying (...)
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  35.  11
    David Lea , Property Rights, Indigenous People and the Developing World: Issues From Aboriginal Entitlement to Intellectual Ownership . Reviewed By.Thomas W. Simon - 2011 - Philosophy in Review 31 (1):49-53.
  36. Crime Against Dalits and Indigenous Peoples as an International Human Rights Issue.Desh Raj Sirswal - 2015 - In Proceedings of National Seminar on Human Rights of Marginalised Groups: Understanding and Rethinking Strategies. Patiala: pp. 214-225.
    In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...)
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  37.  68
    Agreeing to Disagree: Indigenous Pluralism From Human Rights to Bioethics.Chris Durante - 2009 - Journal of Religious Ethics 37 (3):513-529.
    David Hollenbach, working within the context of human rights theory, has developed the notion of "indigenous pluralism" as a means of coping with the problems that arise when different religious traditions hold distinct or incompatible interpretations of human rights. It will be argued that indigenous pluralism is a theoretically and practically useful concept for bioethics as well and hence should be incorporated into bioethical methodology and processes of bioethical policy formation. Subsequently, the notion of indigenous (...)
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  38.  18
    Indigenous Language Rights and Political Theory: The Case of Te Reo Māori.Roy W. Perrett - 2000 - Australasian Journal of Philosophy 78 (3):405 – 417.
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  39. Moral Grounds for Indigenous Hunting Rights.Makoto Usami - 2016 - Philosophy of Law in the Arctic.
    It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then (...)
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  40.  20
    Against Self-Isolation as a Human Right of Indigenous Peoples in Latin America.Benjamin Gregg - 2019 - Human Rights Review 20 (3):313-333.
    Advocacy of an indigenous right to isolation in the Latin American context responds to multiple depredations, above all to plundering by extractivists. Two prominent international instruments declare a human right to indigenous self-isolation and articulate a principle of no contact between indigenous peoples and the non-indigenous majority population: Indigenous Peoples in Voluntary Isolation and Initial Contact in the Americas and Guidelines on the Protection of Indigenous Peoples. In analyzing both, I argue against the notion (...)
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  41.  12
    Indigenous Peoples, Consent and Benefit Sharing– Learning Lessons From the San-Hoodia Case.Rachel Wynberg, Doris Schroeder & Roger Chennells (eds.) - 2009 - Dordrecht, Netherlands: Springer.
    Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, (...)
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  42.  38
    Intellectual Property Rights and Agricultural Biodiversity: Literature Addressing the Suitability of IPR for the Protection of Indigenous Resources. [REVIEW]Amanda B. King & Pablo B. Eyzaguirre - 1999 - Agriculture and Human Values 16 (1):41-49.
    Recent debate has focused on the use of intellectual property regimes for the protection of indigenous resources. Both domesticated crops and useful wild plants are shaped by indigenous knowledge and by their uses within indigenous cultures. This implies that the preservation of cultural systems is as important as the conservation of the associated biological resources. Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. (...)
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  43.  27
    Epistemic Injustice and Indigenous Peoples in the Inter-American Human Rights System.Dina Lupin Townsend & Leo Townsend - 2020 - Social Epistemology 35 (2):147-159.
    In this paper we examine the epistemic treatment of Indigenous peoples by the Inter-American Court and Commission on Human Rights, two institutions that have sought to affirm the rights of Indigeno...
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  44.  21
    The Plight of Indigenous Peoples Within the Context of Conflict Mediation, Peace Talks and Human Rights in Mindanao, the Philippines.Sedfrey M. Candelaria - 2018 - Thesis Eleven 145 (1):28-37.
    Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups (...)
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  45.  4
    The Moral Force of Indigenous Politics: Critical Liberalism and the Zapatistas.Courtney Jung - 2008 - Cambridge University Press.
    Tracing the political origins of the Mexican indigenous rights movement, from the colonial encounter to the Zapatista uprising, and from Chiapas to Geneva, Courtney Jung locates indigenous identity in the history of Mexican state formation. She argues that indigenous identity is not an accident of birth but a political achievement that offers a new voice to many of the world's poorest and most dispossessed. The moral force of indigenous claims rests not on the existence of (...)
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  46.  19
    Civil Power and Natural Rights of the Indigenous Peoples of the New World according to Fray Alonso de la Veracruz.Manuel Méndez Alonzo - 2013 - Ideas Y Valores 62 (151):195-213.
    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 (...)
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  47. Indigenous Patrimonialization as an Operation of the Liberal State.Patricio Espinosa & Gonzalo Bustamante-Kuschel - forthcoming - Philosophy and Social Criticism.
    Philosophy & Social Criticism, Ahead of Print. 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 (...)
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  48.  30
    Research Integrity and Rights of Indigenous Peoples: Appropriating Foucault’s Critique of Knowledge/Power.Norman K. Swazo - 2005 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 36 (3):568-584.
    In this paper I appropriate the philosophical critique of Michel Foucault as it applies to the engagement of Western science and indigenous peoples in the context of biomedical research. The science of population genetics, specifically as pursued in the Human Genome Diversity Project, is the obvious example to illustrate the contraposition of modern science and ‘indigenous science’, the tendency to depreciate and marginalize indigenous knowledge systems, and the subsumption of indigenous moral preferences in the juridical armature (...)
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  49.  19
    Representing Indigenous Lifeways and Beliefs in U.S.-Mexico Border Indigenous Activist Discourse.Christina Leza - 2018 - Semiotica 2018 (224):223-248.
    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 (...)
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  50.  22
    Political Theory and the Rights of Indigenous Peoples.Catherine Frost - 2002 - Contemporary Political Theory 1 (2):239-241.
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