This book is a provocative contribution to contemporary ethical theory challenging foundational conceptions of character that date back to Aristotle. John Doris draws on behavioral science, especially social psychology, to argue that we misattribute the causes of behavior to personality traits and other fixed aspects of character rather than to the situational context. More often than not it is the situation not the nature of the personality that really counts. The author elaborates the philosophical consequences of this research for (...) a whole array of ethical theories and shows that, once rid of the misleading conception of motivation, moral psychology can support more robust ethical theories and more humane ethical practices. (shrink)

Do we know what we're doing, and why? Psychological research seems to suggest not: reflection and self-awareness are surprisingly uncommon and inaccurate. John M. Doris presents a new account of agency and responsibility, which reconciles our understanding of ourselves as moral agents with empirical work on the unconscious mind.

A great deal of fascinating research has gone into an attempt to uncover the fundamental criteria that people use when assigning moral responsibility. Nonetheless, it seems that most existing accounts fall prey to one counterexample or another. The underlying problem, we suggest, is that there simply isn't any single system of criteria that people apply in all cases of responsibility attribution. Instead, it appears that people use quite different criteria in different kinds of cases. [This paper was originally circulated under (...) the title 'Strawsonian Variations.']. (shrink)

There is a widespread view that well-learned skills are automated, and that attention to the performance of these skills is damaging because it disrupts the automatic processes involved in their execution. This idea serves as the basis for an account of choking in high pressure situations. On this view, choking is the result of self-focused attention induced by anxiety. Recent research in sports psychology has produced a significant body of experimental evidence widely interpreted as supporting this account of choking in (...) certain kinds of complex sensorimotor skills. We argue against this interpretation, pointing to problems with both the empirical evidence and the underlying theory. The experimental research fails to provide direct support for the central claims of the self-focus approach, contains inconsistencies, and suffers from problems of ecological validity. In addition, qualitative studies of choking have yielded contrary results. We further argue that in their current forms the self-focus and rival distraction approaches both lack the theoretical resources to provide a good theory of choking, and we argue for an expanded approach. Some of the elements that should be in an expanded approach include accounts of the features of pressure situations that influence the psychological response, the processes of situation appraisal, and the ways that attentional control can be overwhelmed, leading to distraction in some cases, and in others, perhaps, to damaging attention to skill execution. We also suggest that choking may sometimes involve performance-impairing mechanisms other than distraction or self-focus. (shrink)

We suffer from genealogical anxiety when we worry that the contingent origins of our representations, once revealed, will somehow undermine or cast doubt on those representations. Is such anxiety ever rational? Many have apparently thought so, from pre-Socratic critics of Greek theology to contemporary evolutionary debunkers of morality. One strategy for vindicating critical genealogies is to see them as undermining the epistemic standing of our representations—the justification of our beliefs, the aptness of our concepts, and so on. I argue that (...) this strategy is not as promising as it might first seem. Instead, I suggest that critical genealogies can wield a sort of meta-epistemic power; in so far as we wish to resist the genealogical critic, we are under pressure to see ourselves as the beneficiaries of a certain kind of good luck: what I call genealogical luck. But there is also a resolutely non-epistemic way of understanding the power of critical genealogies, one that is essential, I argue, for understanding the genealogical projects of various theorists, including Nietzsche and Catharine MacKinnon. For critical genealogies can reveal what it is that our representations do—and what we, in turn, might do with them. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ?signature patterns of tension? among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ?silent zones?, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

Perceptual load plays a critical role in identification and awareness of stimuli. Given the differences in emotion–attention interactions, we investigated the perception of distractor emotional faces in two different load conditions under divided attention with a task based on the inattentional blindness paradigm. Participants performed a low- or high-load task with a string of letters presented against a happy, sad or neutral face (in a circular form) as the background. Participants were asked to identify the face that appeared in the (...) critical trial. Results indicate an interaction between emotion and load. First, identification of faces with happy expression was better than chance and unaffected by load. Second, performance was worse than chance for faces with sad expression in the high-load condition, indicating inhibition of unattended sad distractor faces in the critical trial. This indicates that inhibitory processes during a difficult attentional task under divided attention influence subsequent perception of distractor stimuli especially sad faces. The results have implications for the theories of selective attention as well as the role of emotions in conscious perception. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ‘signature patterns of tension’ among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ‘silent zones’, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

In a recent work, we introduced a theoretical model for fulfillment in life that covers cognitive and affective components and distinguishes different time frames. The present study evaluates this model and describes the construction of the Fulfilled Life Scale to assess fulfillment regarding the whole lived life retrospectively. We investigated the scale in two samples. The model of the cognitive component combines three sources of fulfillment with three criteria, yielding nine facets. Employing hierarchical factor analysis, we inspected all solutions between (...) one and nine. We identified three optimal factors, which we labeled unfolded self and life, the worthwhile life, and positive impact and legacy. Next, we selected marker items and replicated the factor structure in Sample 2. The three scales were positively intercorrelated and showed good internal consistency in both samples. For the affective component, exploratory and confirmatory factor analyses established a one-factor structure in both samples, and high internal consistency was obtained. Across a range of related constructs, we demonstrated construct and criterion validity. Notably, cognitive and affective fulfillment incrementally predicted a global rating of a fulfilled life and mental well-being, even after controlling for subjective and eudaimonic well-being. Overall, the study proves that the FLS is necessary to capture people’s experience of a fulfilled life, which could not be assessed sufficiently with previous well-being measures. Both cognitive and affective fulfillment were able to predict additional variance in mental well-being. Moreover, the study reveals psychometric support for the FLS and presents the first evidence on its validity. Lastly, applications in research and practice are discussed, especially in the context of living and aging well in the second half of life. (shrink)

Benefit sharing aims to achieve an equitable exchange between the granting of access to a genetic resource and the provision of compensation. The Convention on Biological Diversity, adopted at the 1992 Earth Summit in Rio de Janeiro, is the only international legal instrument setting out obligations for sharing the benefits derived from the use of biodiversity. The CBD excludes human genetic resources from its scope, however, this article considers whether it should be expanded to include those resources, so as to (...) enable research subjects to claim a share of the benefits to be negotiated on a case-by-case basis. Our conclusion on this question is: 'No, the CBD should not be expanded to include human genetic resources.' There are essential differences between human and non-human genetic resources, and, in the context of research on humans, an essentially fair exchange model is already available between the health care industry and research subjects. Those who contribute to research should receive benefits in the form of accessible new health care products and services, suitable for local health needs and linked to economic prosperity. When this exchange model does not apply, as is often the case in developing countries, individually negotiated benefit sharing agreements between researchers and research subjects should not be used as 'window dressing'. Instead, national governments should focus their finances on the best economic investment they could make; the investment in population health and health research as outlined by the World Health Organization's Commission on Macroeconomics and Health; whilst international barriers to such spending need to be removed. (shrink)

Moral psychology investigates human functioning in moral contexts, and asks how these results may impact debate in ethical theory. This work is necessarily interdisciplinary, drawing on both the empirical resources of the human sciences and the conceptual resources of philosophical ethics. The present article discusses several topics that illustrate this type of inquiry: thought experiments, responsibility, character, egoism v . altruism, and moral disagreement.

Psychopaths appear to be ‘creatures apart’ – grandiose, shameless, callous and versatile in their violence. I discuss biological underpinnings to their pale affect, their selective inability to discern fear and sadness in others and a predatory orienting towards images that make most startle and look away. However, just because something is biologically underpinned does not mean that it is innate. I show that while there may be some genetic determination of fearlessness and callous-unemotionality, these and other features of the personality (...) may arise from developmental failures in the interpersonal reception of their emotions, needs and their sense of self. One is unlikely to be able to own inner experiences if shamed for having them, or if, having them, one does not know how to regulate and soothe. So psychopaths may learn to attend away and suppress them. Rather than a fully inherited difficulty, they may have become unable to reflect on inner states, so meta-emotions and self-reflective emotions like guilt and shame do not fully arise. They retain enough sensitivity to know their difference, and hide. I suggest that psychopaths are characterised by a nested sense of self, arising from the surprising effect of shame on these seemingly shameless characters. They do not have an integrated sense of self across context or across time or in relation to a generalised social other. With a nested sense of self, diminished intensity and scope of affective experience (in both directly experienced and vicarious forms) they lack textured access to a personal, owned and integrated past. Thus they lack the kind of access to the past required for a motivationally compelling planning of the future. They lack the emotional investment in the future that enables us to overcome the motivation to act opportunistically and myopically. These individuals live strangely in time. They have a fugitive sense of self and live nimbly among many pasts. They present an elegant and coherent mask to the person they are addressing in the moment and generate possible futures without conviction. (shrink)

Analyses of errors from a sequential auditory recall experiment indicated that perceptual factors influence the shape of the serial position curve of recall errors. The signal to noise ratio and presentation rate of the stimuli, as well as presentation rate during a prior training session, affected item and order errors. For experiments in which Ss simply monitored the auditory sequences for a preassigned critical item, and in which items were recalled in addition to monitoring, analyses of montoring RTs provided evidence (...) that the requirement to recall induces perceptual difficulties. (shrink)

Comparisons of indirect measures with direct measures can help elucidate the relationship between nonconscious and conscious perception. We report three experiments on masked word priming in which we observed a negative correlation between prime discriminability and priming , i.e. where priming decreased with increasing prime visibility. While such observations are rare , they may indicate a conflict between conscious and nonconscious processing when primes are shown close to the subjective visibility threshold for the priming-relevant information. For instance, such a conflict (...) could occur between nonconscious processing of a prime’s meaning and conscious perception of prime letters. Theoretical accounts that discuss similar conflicts assume that the conflict is resolved either by automatically prioritising conscious processes or by discounting the estimated confusion caused by a prime-target pair . In both cases, priming is predicted to decrease when prime visibility increases from below threshold to perithreshold levels. Therefore, we suggest that negative priming-d’ relationships are most likely observed when the d’ measure assesses prime visibility at a level of representation that is below the level of representation at which priming arises, in terms of a putative hierarchy of word processing. (shrink)

If the work carried out to gain a detailed understanding of the process of photosynthesis, and probably other types of bioenergetic conversions as well, fulfills the criteria of a molecular biology, and if the groups funding this research and those who worked in the laboratory regarded it as such, why has it been necessary for me to argue here that bioenergetics should always have been counted as part of - indeed, may have been in the forefront in establishing — the (...) molecular biology tradition? Why have the investigators themselves not insisted on correcting the historical record that has emerged thus far? I would like to offer two reasons: one institutional, the other scientific. (shrink)

Chapter One Introduction Located in northeastern Peru, Yagua comes from an area of the world which has to date figured little in formulations of linguistic ...

ABSTRACT Benefit sharing aims to achieve an equitable exchange between the granting of access to a genetic resource and the provision of compensation. The Convention on Biological Diversity (CBD), adopted at the 1992 Earth Summit in Rio de Janeiro, is the only international legal instrument setting out obligations for sharing the benefits derived from the use of biodiversity. The CBD excludes human genetic resources from its scope, however, this article considers whether it should be expanded to include those resources, so (...) as to enable research subjects to claim a share of the benefits to be negotiated on a case‐by‐case basis. Our conclusion on this question is: ‘No, the CBD should not be expanded to include human genetic resources.’ There are essential differences between human and non‐human genetic resources, and, in the context of research on humans, an essentially fair exchange model is already available between the health care industry and research subjects. Those who contribute to research should receive benefits in the form of accessible new health care products and services, suitable for local health needs and linked to economic prosperity (e.g. jobs). When this exchange model does not apply, as is often the case in developing countries, individually negotiated benefit sharing agreements between researchers and research subjects should not be used as ‘window dressing’. Instead, national governments should focus their finances on the best economic investment they could make; the investment in population health and health research as outlined by the World Health Organization’s Commission on Macroeconomics and Health; whilst international barriers to such spending need to be removed. (shrink)

The Blochian concept of cipher is discussed in some detail with a view to possible developments in the modern philosophy of nature. Parallels and differences are listed as to the Idealistic tradition in Germany preceding Bloch’s approach. It is found that within the framework of a strict process philosophy of the Blochian type, life forms and human life in particular show up as systemic parts of a nature that is projecting itself towards what has not yet become, hence a strong (...) similarity to Schelling’s approach. (shrink)

In elite sport, the advantages demonstrated by expert performers over novices are sometimes due in part to their superior physical fitness or to their greater technical precision in executing specialist motor skills. However at the very highest levels, all competitors typically share extraordinary physical capacities and have supremely well-honed techniques. Among the extra factors which can differentiate between the best performers, psychological skills are paramount. These range from the capacities to cope under pressure and to bounce back from setbacks, to (...) the knowledge of themselves, opponents, and the domain, which experts access and apply in performance. In the companion chapter on breadth and depth of knowledge in expert sport (see Chapter 11), we discussed the forms or kinds of knowledge deployed by elite athletes, and described some lines of research which seek to tap and study such expert knowledge (McPherson & MacMahon, 2008; McRobert, Ward, Eccles & Williams, 2011). In this chapter we focus more directly on questions about methods for measuring or more accurately assessing expert knowledge, in particular addressing a wider range of methods to help us understand what experts know. Suggesting that sport researchers can productively adopt and adapt existing qualitative methodologies for integration with more standard quantitative methods, we introduce and survey a number of areas of qualitative research in psychology. (shrink)

Since trauma is a thoroughly relational phenomenon, it is highly unpredictable, and cannot be made to fit within the scientific framework Freud so admired. In _Toward a Psychology of Uncertainty: Trauma-Centered Psychoanalysis,_ Doris Brothers urges a return to a trauma-centered psychoanalysis. Making use of relational systems theory, she shows that experiences of uncertainty are continually transformed by the regulatory processes of everyday life such as feeling, knowing, forming categories, making decisions, using language, creating narratives, sensing time, remembering, forgetting, and (...) fantasizing. Insofar as trauma destroys the certainties that organize psychological life, it plunges our relational systems into chaos and sets the stage for the emergence of rigid, life-constricting relational patterns. These trauma-generated patterns, which often involve denial of sameness and difference, the creation of complexity-reducing dualities, and the transformation of certainty into certitude, figure prominently in virtually all of the complaints for which patients seek analytic treatment. Analysts, she claims, are no more strangers to trauma than are their patients. Using in-depth clinical illustrations, Dr. Brothers demonstrates how a mutual desire to heal and to be healed from trauma draws patients and analysts into their analytic relationships. She recommends the reconceptualization of what has heretofore been considered transference and countertransference in terms of the transformation of experienced uncertainty. In her view the increased ability of both analytic partners to live with uncertainty is the mark of a successful treatment. Dr. Brothers’ perspective sheds fresh light on a variety of topics of great general interest to analysts as well as many of their patients, such as gender, the acceptance of death, faith, cult-like training programs, and burnout. Her discussions of these topics are enlivened by references to contemporary cinema and theatre. (shrink)

This article presents a novel challenge to epistemic internalism. The challenge rests on a set of cases which feature subjects forming beliefs under conditions of “bad ideology”—that is, conditions in which pervasively false beliefs have the function of sustaining, and are sustained by, systems of social oppression. In such cases, the article suggests, the externalistic view that justification is in part a matter of worldly relations, rather than the internalistic view that justification is solely a matter of how things stand (...) from the agent’s individual perspective, becomes the more intuitively attractive theory. But these “bad ideology” cases do not merely yield intuitive verdicts that favor externalism over internalism. These cases are, moreover, analogous to precisely those canonical cases widely taken to be counterexamples to externalism: cases featuring brains-in-vats, clairvoyants, and dogmatists. That is, such “bad ideology” cases are, in all relevant respects, just like cases that are thought to count against externalism—except that they intuitively favor externalism. This, the author argues, is a serious worry for internalism. What is more, it bears on the debate over whether externalism is a genuinely “normative” epistemology. (shrink)

This article considers how we should frame the ethical issues raised by current proposals for large-scale genebanks with on-going links to medical and lifestyle data, such as the Wellcome Trust and Medical Research Council's 'UK Biobank'. As recent scandals such as Alder Hey have emphasised, there are complex issues concerning the informed consent of donors that need to be carefully considered. However, we believe that a preoccupation with informed consent obscures important questions about the purposes to which such collections are (...) put, not least that they may be only haphazardly used for research —an end that would not fairly reflect the original altruistic motivation of donors, and the trust they must invest. We therefore argue that custodians of such databases take on a weighty pro-active duty, to encourage public debate about the ends of such collections and to sponsor research that reflects publicly agreed priorities and provides public benefits. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

This open access book provides original, up-to-date case studies of “ethics dumping” that were largely facilitated by loopholes in the ethics governance of low and middle-income countries. It is instructive even to experienced researchers since it provides a voice to vulnerable populations from the fore mentioned countries. Ensuring the ethical conduct of North-South collaborations in research is a process fraught with difficulties. The background conditions under which such collaborations take place include extreme differentials in available income and power, as well (...) as a past history of colonialism, while differences in culture can add a new layer of complications. In this context, up-to-date case studies of unethical conduct are essential for research ethics training. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal (...) significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

The Moral Psychology Handbook offers a survey of contemporary moral psychology, integrating evidence and argument from philosophy and the human sciences.

La lecture que Deleuze fait de Bartleby, d’Herman Melville, dans la postface intitulée Bartleby, ou la formule, a d’abord ceci d’intéressant qu’elle apparaît comme paradoxale : Deleuze prétend ne s’intéresser qu’à la « littéralité » du texte et de la formule bartlebienne, or, son interprétation semble hautement métaphorique. En partant de l’analyse que Deleuze fait de la formule I would prefer not to, ainsi que de la typologie « clinique » qu’il met en place dans sa postface, il s’agit de (...) s’interroger sur la folie qui est à l’œuvre dans Bartleby. (shrink)

The 1992 Convention on Biological Diversity (CBD) and its 2010 Nagoya Protocol brought about a breakthrough in global policy making. They combined a concern for the environment with a commitment to resolving longstanding human injustices regarding access to, and use of biological resources. In particular, the traditional knowledge of indigenous communities was no longer going to be exploited without fair benefit sharing. Yet, for 25 years after the adoption of the CBD, there were no major benefit sharing agreements that led (...) to significant funding streams for indigenous communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, described in this paper. As the authors report, the Rooibos Agreement is a superlative in two respects. It is the biggest benefit sharing agreement between industry and indigenous peoples to date. It is also the first industry-wide agreement to be formed in accordance with biodiversity legislation. This article is a co-production between traditional knowledge holders, the lawyer who represented their interests, the Co-Chair of the Nagoya Protocol negotiations, and an ethicist who analyzed the major challenges of this historic agreement. With no precedent in the benefit sharing world, the agreement stands as a concrete example of the ‘art of the possible.’ Although the rooibos case is unique in a number of aspects, the experience offers many transferable insights, including: patience; incrementalism; honesty; trust; genuine dialogue; strong legal support; a shared recognition that a fair, win-win deal is possible; government leadership; and unity amongst indigenous peoples. Such ingredients of success can apply well beyond southern Africa. (shrink)

What ought one to do, epistemically speaking, when faced with a disagreement? Faced with this question, one naturally hopes for an answer that is principled, general, and intuitively satisfying. We want to argue that this is a vain hope. Our claim is that a satisfying answer will prove elusive because of non-transparency: that there is no condition such that we are always in a position to know whether it obtains. When we take seriously that there is nothing, including our own (...) minds, to which we have assured access, the familiar project of formulating epistemic norms is destabilized. In this paper, we will show how this plays out in the special case of disagreement. But we believe that a larger lesson can ultimately be extracted from our discussion: namely, that non-transparency threatens our hope for fully satisfying epistemic norms in general. (shrink)

RésuméEn ayant recours à la théorie relationnelle du droit et à l’étude de discours des requérants, des juges et des commissaires, cet article met en lumière le fait que la Commission et la Cour interaméricaine des droits de l’homme entretiennent la lutte sémiotique engagée par la colonisation, en consacrant uniquement la dimension collective du droit de propriété sur les terres ancestrales, alors que les systèmes de tenure des terres, tels que les requérants autochtones les décrivent, reconnaissent aussi des droits subsidiaires (...) d’occupation et d’utilisation à des individus et à des familles. Ce faisant, le droit interaméricain marginalise certaines entités morales pourtant titulaires de droits au sein des ordres juridiques autochtones, efface leurs responsabilités en matière d’occupation du territoire et bâtit une image homogène des règles et des pratiques d’occupation. Cet article décrit cet effacement, met en évidence certaines des raisons y conduisant et certains effets. (shrink)