Prior to European influence, predation by Native Americans was the major factor limiting the numbers and distribution of ungulates in the Intermountain West. This hypothesis is based on analyses of (1) the efficiency of Native American predation, including cooperative hunting, use of dogs, food storage, use of nonungulate foods, and hunting methods; (2) optimal-foraging studies; (3) tribal territory boundary zones as prey reservoirs; (4) species ratios, and sex and age of aboriginal ungulate kills; (5) impact of European diseases on (...) aboriginal populations; and (6) synergism between aboriginal and carnivore predation. Native Americans had no effective conservation practices, and the manner in which they harvested ungulates was the exact opposite of any predicted conservation strategy. Native Americans acted in ways that maximized their individual fitness regardless of the impact on the environment. For humans, conservation is seldom an evolutionarily stable strategy. By limiting ungulate numbers and purposefully modifying the vegetation with fire, Native Americans structured entire plant and animal communities. Because ecosystems with native peoples are entirely different than those lacking aboriginal populations, a “hands-off” or “natural regulation” approach by today’s land managers will not duplicate the ecological conditions under which those ecosystems developed. The modern concept of wilderness as areas without human influence is a myth. North America was not a “wilderness” waiting to be discovered, instead it was home to tens of millions of aboriginal peoples before European-introduced diseases decimated their numbers. (shrink)

Encountering Aborigines: A Case Study: Anthropology and the Australian Aboriginal details the concerns in contemporary anthropological research of aboriginal Australians.

In order to decide whether a comprehensive treaty covering all greenhouse gases is the best next step after UNCED, one needs to distinguish among the four questions about the international justice of such international arrangements: (1) What is a fair allocation of the costs of preventing the global warming that is still avoidable?; (2) What is a fair allocation of the costs of coping with the social consequences of the global warming that will not in fact be avoided?; (3) What (...) background allocation of wealth would allow international bargaining (about issues like 1 and 2) to be a fair process?; and (4) What is a fair allocation of emissions of greenhouse gases (over the long-term and during the transition to the long-term allocation)? In answering each question we must specify from whom any transfers should come and to whom any transfers should go. As the grounds for the answers we usually face a choice between fault-based principles and no-fault principles. (shrink)

We present a cross-cultural analysis showing that the presence of an active or moral High God in societies varies generally along a continuum from lesser to greater technological complexity and subsistence productivity. Foragers are least likely to have High Gods. Horticulturalists and agriculturalists are more likely. Pastoralists are most likely, though they are less easily positioned along the productivity continuum. We suggest that belief in moral High Gods was fostered by emerging leaders in societies dependent on resources that were (...) difficult to manage and defend without group cooperation. These leaders used the concept of a supernatural moral enforcer to manipulate others into cooperating, which resulted in greater productivity. Reproductive success would accrue most to such leaders, but the average reproductive success of all individuals in the society would also increase with greater productivity. Supernatural enforcement of moral codes maintained social cohesion and allowed for further population growth, giving one society an advantage in competition with others. (shrink)

In this article I critique Charles Kay’s aboriginal overkill hypothesis, which states that Native Americans numbered 100 million or more in precolumbian North America, extensively humanized the landscape, and suppressed wildlife numbers, thus allowing wildlife browse to proliferate. By examining Kay’s source use and pertinent information, I find that he makes four kinds of significant mistakes: exaggerations, failure to provide necessary data, errors of omission, and errors of logic. Through examples I illustrate that Kay’s errors compromise his hypothesis. Kay (...) uses Yellowstone National Park as his primary example of such a humanized area; in contrast, I suggest it is a relatively pristine area. (shrink)

Dynamic Consent is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health (...) information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people.In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation. (shrink)

The confusion that persists over Aboriginal claim in North America calls for close examination. The paper begins by sorting out various versions of ‘ Aboriginal right’and some of the main factors that govern its use. Confusion is analysed as the result of conflating different frames of reference which determine different sets of expectations by Aboriginal and government representatives.To appreciate the significance of this conflation, it is helpful if not necessary to view the move to use the concept (...) ‘ Aboriginal right’as a strategic rather than a legally substantive one. Understanding the move in this way helps to explain why it is that definitions remain elusive. The effect of using the concept has indeed been to enable Aboriginals finally and effectively to table their claim. However, the strategy has its cost. Using the language of the courts places Aboriginal negotiators at a disadvantage, since that language is ineluctably tied to European social and legal sensibilities that militate against understanding Aboriginal claim.If, in the end, we understand that the move to use the language of the courts has been conciliatory, we can better recognise the nature of Aboriginal claim. We can begin to understand that it involves a complex web of responsibilities and commitments, most of which have either been forgotten or perverted to suit government agendas. We can begin to see that it has to do with restoring a relationship of mutual respect and protection. (shrink)

Contemporary bioethics recognizes the importance of the culture in shaping ethical issues, yet in practice, a process for ethical analysis and decision making is rarely adjusted to the culture and ethnicity of involved parties. This is of a particular concern in a health care system that is caring for a growing Aboriginal population. We raise the possibility of constructing a bioethics grounded in traditional Aboriginal knowledge. As an example of an element of traditional knowledge that contains strong ethical (...) guidance, we present the story of the Gifts of the Seven Grandfathers. We note a resemblance of this Ojibway teaching to virtue ethics in European traditions, but we suggest that there are also important differences in how these two traditions are currently presented. We hope that further engagement with a variety of indigenous moral teachings and traditions could improve health care involving Aboriginal patients and communities, and enrich the discipline of bioethics. (shrink)

Democratic deliberation is credited with a variety of virtues, including its possible usefulness in resolving, or at least ameliorating, inter‐cultural conflicts. This paper questions this claim. First, it overlooks that the facts and principles involved in these conflicts generally prove contestable and that such contestation is likely to be greater the less homogenous societies are. Second, it neglects that many, if not most, citizens have neither the time nor the inclination to acquire the conceptual and factual knowledge needed to try (...) and overcome these differences. As a result, the more inclusive and popular deliberation becomes, the less suitable it may be for overcoming cross cultural disagreements. Indeed, it has the potential to exacerbate rather than narrow the differences between majorities and minorities. These conclusions are drawn from an empirical review of a Canadian debate about aboriginal rights that followed a controversial Supreme Court of Canada decision and comparing the character of deliberation in three contexts: the legal community, the print media and legislative bodies. (shrink)

I address the usefulness of thinking about a human right to subsistence within conceptions of human rights grounded in ordinary moral reasoning. I argue that that natural rights should be understood as rights in rem, with their dynamism constrained by the requirements of justification and their scope constrained by the distinction between perfect and imperfect duty. I then suggest that many of the most pressing demands which the moral significance of subsistence needs create are plausibly imperfect duties, and (...) so cannot correlate to a natural right to subsistence. This restricts the helpfulness of a human right to subsistence in our reasoning about what we owe to others. (shrink)

Zooarchaeological evidence has often been called on to help researchers determine prehistoric relative abundances of elk (Cervus elaphus) in the Greater Yellowstone ecosystem. Some interpret that evidence as indicating elk were abundant; others interpret it as indicating elk were rare. Wildlife biologist Charles Kay argues that prehistoric faunal remains recovered from archaeological sites support his contention that aboriginal hunters depleted elk populations throughout the Intermountain West, including the Yellowstone area. To support his contention Kay cites differences between modern and (...) prehistoric relative abundances of artiodactyls, age and sex demographics of ungulates in the prehistoric record indicating selective predation of prime-age females, and a high degree of fragmentation of artiodactyl bones indicating humans were under nutritional stress. Kay’s data on taxonomic abundances are time and space averaged and thus mask much variation in elk abundances. When these data are not lumped they suggest that elk were at some times, in some places, as abundant as they are today. Data on the age-sex demography of artiodactyl prey are ambiguous or contradict Kay’s predictions. Bone fragmentation data are variously nonexistent or ambiguous. The zooarchaeological implications of Kay’s aboriginal overkill hypothesis have not yet undergone rigorous testing. (shrink)

With respect to climate change, what is wanted is an account that morally condemns the production of ‘luxury’ greenhouse gas emissions (e.g., joyriding in an SUV), but not ‘subsistence’ emissions (e.g., cooking meals). Now, our individual greenhouse gas emissions either cause harm, or they do not—and those who condemn the production of luxury emissions generally stake their position on the grounds that they do cause harm. Meanwhile, those seeking to defend the moral permissibility of luxury emissions generally do so (...) by arguing that our individual emissions do not cause harm. Here, I argue that, if our individual emissions do cause harm, then this entails too much. For, it entails not only that our luxury emissions are morally impermissible, but that our subsistence emissions are too. This is an undesirable result. Therefore, I propose that we embrace our other option. Namely, I propose that we accept that our individual emissions do not cause harm; or at least, that they make no perceptible difference with respect to the harms associated with climate change. The result of this admission is not as bad as you might think. For, I argue, even if we are individually causally impotent with respect to the harms of climate change, there remains a plausible route toward the moral condemnation of our individual luxury emissions—contrary to what others have argued. What is more, only by accepting our individual causal impotence can we successfully ground the permissibility of our individual subsistence emissions. (shrink)

Prior to European influence, predation by Native Americans was the major factor limiting the numbers and distribution of ungulates in the Intermountain West. This hypothesis is based on analyses of (1) the efficiency of Native American predation, including cooperative hunting, use of dogs, food storage, use of nonungulate foods, and hunting methods; (2) optimal-foraging studies; (3) tribal territory boundary zones as prey reservoirs; (4) species ratios, and sex and age of aboriginal ungulate kills; (5) impact of European diseases on (...) aboriginal populations; and (6) synergism between aboriginal and carnivore predation. Native Americans had no effective conservation practices, and the manner in which they harvested ungulates was the exact opposite of any predicted conservation strategy. Native Americans acted in ways that maximized their individual fitness regardless of the impact on the environment. For humans, conservation is seldom an evolutionarily stable strategy. By limiting ungulate numbers and purposefully modifying the vegetation with fire, Native Americans structured entire plant and animal communities. Because ecosystems with native peoples are entirely different than those lacking aboriginal populations, a “hands-off” or “natural regulation” approach by today’s land managers will not duplicate the ecological conditions under which those ecosystems developed. The modern concept of wilderness as areas without human influence is a myth. North America was not a “wilderness” waiting to be discovered, instead it was home to tens of millions of aboriginal peoples before European-introduced diseases decimated their numbers. (shrink)

Le « féminisme de la subsistance », à l’intersection du féminisme, de l’écologie et de l’anticapitalisme, a été remis en lumière par des théoricien·nes et activistes du Nord et du Sud dans les années 2010. L’étude des sociétés paysannes montre que l’accomplissement par les femmes des tâches vitales pour le groupe a été sous-estimé et leur confère puissance, sacralité et autonomie, en particulier pour assurer l’égale répartition des biens de subsistance. Face aux critiques dénonçant cet essentialisme, l’auteure propose un « (...) écoféminisme vernaculaire » qui s’appuie sur les pratiques concrètes des femmes intégrant agriculture, artisanat, travaux de mécanique et de maçonnerie, agirs familiaux. Car, sous sa forme moderne, le travail domestique est doublement aliéné : non seulement, il n’est pas rémunéré, mais il est coupé de ses potentialités productives de subsistance pour se cantonner à la consommation et au care. Les écoféministes de la subsistance veulent s’opposer aux vocations « naturelles » des femmes et imaginer des perspectives : se réapproprier et partager collectivement des fonctions nourricières de base dans un monde où s’impose de façon accélérée l’aménagement agro-industriel de la planète. (shrink)

I argue that, contrary to what Tom Regan suggests, his rights view implies that subsistence hunting is wrong, that is, killing animals for food is wrong even when they are the only available food source, since doing so violates animal rights. We can see that subsistence hunting is wrong on the rights view by seeing why animal experimentation, specifically xenotransplanation, is wrong on the rights view: if it’s wrong to kill an animal to take organs to save a (...) human life, it’s wrong to kill an animal to eat that animal to save a human life or improve human health. I discuss these arguments’ implications for animal rights-based vegan advocacy, insofar as some people claim that they don’t feel their best on vegan diets and so their eating meat is morally justified. I argue that such an attempt to justify consuming animal products fails on Regan’s rights view, but discuss some attempts to morally excuse such violations of animals’ rights. These attempts are inspired by Regan’s attempts at potentially excusing animal rights advocates’ using medications developed using animals. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international (...) law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

Attention has been given to cross-cultural differences in adolescent growth, but far less is known about developmental variability during juvenility (ages 3–10). Previous research among the Pumé, a group of South American foragers, found that girls achieve a greater proportion of their adult stature during juvenility compared with normative growth expectations. To explain rapid juvenile growth, in this paper we consider girls’ activity levels and energy expended in subsistence effort. Results show that Pumé girls spend far less time in (...) subsistence tasks in proportion to their body size compared with adults, and they have lower physical activity levels compared with many juveniles cross-culturally. Low activity levels help to explain where the extra energy comes from to support rapid growth in a challenging environment. We suggest that activity levels are important to account for the variation of resource and labor transfers in mediating energy availability. (shrink)

The second edition of Aboriginal and Torres Strait Islander Education: An Introduction for the Teaching Profession prepares students for the unique environment they will face when teaching Aboriginal and Torres Strait Islander students at early childhood, primary and secondary levels. This book enables future teachers to understand Aboriginal and Torres Strait Islander education within a social, cultural and historical context and uses compelling stories and practical strategies to empower both student and teacher. Updated with the Australian Curriculum (...) in mind, this is a unique textbook written by highly regarded Aboriginal and Torres Strait Islander academics. Each chapter opens with a powerful anecdote from the author, connecting the classroom to real-world issues. This updated edition has also been expanded to include information on fostering the unique talents of Aboriginal and Torres Strait Islander children and young people and allows the reader to reflect on classroom practices throughout. (shrink)

Jones, Kate Aboriginal people who live with the effects of extreme poverty face high barriers to a quality of life that other Australians enjoy. Aboriginal people have poor health that is directly linked to unmet housing needs, absent or structurally impaired kitchen, bathroom and laundry facilities, malnutrition, unemployment, and poor education retention.

In 2018, the Art Gallery of Ontario retitled a painting by Emily Carr which contained an offensive word. Controversy ensued, with some arguing that unsanctioned changes to a work’s title infringe upon artists’ moral and free speech rights. Others argued that such a change serves to whitewash legacies of racism and cultural genocide. In this paper, I show that these concerns are unfounded. The first concern is not supported by law or the history of our titling practices; and the second (...) concern misses the mark by ignoring the gallery’s substantial efforts to avoid just such an outcome. Picking up on a suggestion from Loretta Todd, I argue that we can use Aboriginal Title as a model for thinking about the harms perpetuated by cultural appropriation, and the practices we should adopt to mitigate them. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international (...) law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

Pilcher, Carmel Review(s) of: Aboriginal church paintings: Reflecting on our faith, by Eugene Stockton Editor with Terence O'Donnell (Lawson: Blue Mountain Education and Research Trust Publishers, 2010), pp.45, $20.00.

The central question I address is whether the inclusion of a right to subsistence among human rights can be justified. The human right to subsistence is conventionally interpreted as a fundamental right to a basic living standard characterized as having access to the material means for subsistence. It is widely thought to entail duties of protection against deprivation and duties of assistance in acquiring access to the material means for subsistence. The inclusion of a right to (...) subsistence among human rights interpreted in this way has been met with considerable resistance, particularly on the part of those who argue that fundamental rights cannot entail positive duties. My purpose in this dissertation is to consider whether a plausible interpretation of the human right to subsistence can succeed in overcoming the most forceful and persistent objections to it. My main thesis is that a minimal interpretation of the human right to subsistence according to which it is a right not to be deprived of access to the means for subsistence provides the strongest interpretation of this right. Although the idea that the human right to subsistence correlates with negative duties is not new, discussion of these duties has been overshadowed in the literature by debate over the positive duties conventionally thought to be entailed by it. I show that the human right to subsistence interpreted as a right not to be deprived of access to the means for subsistence makes an important contribution to reasoning about the normative implications of global poverty. (shrink)

It is noteworthy that much of recent liberal scholarship aimed at empowering aboriginal peoples, and supporting their land rights, has often unwittingly embraced the conservative Lockean‐Nozickian tradition rather than the tradition of left‐leaning thinkers. Many of the supporters of aboriginal land rights tend to view property rights as contingently determined historical entitlements which are established independently of the state’s authority, thereby creating structures which morally bind the authority of the state. This, in fact, also represents the view of (...) the conservative supporters of untrammelled capitalism. Secondly, there is often little discussion of the bundle of rights which are derived from these acts of original acquisition. This may lead one to the assumption that these supporters of aboriginal land rights agree with the conservative view that all the recognised components of modern liberal ownership, from the right to use, to the right to income, are acquired in the initial events associated with historical entitlement. It is my argument in this paper that basing aboriginal land claims solely on customary historical entitlement results in too close an alignment with a conservative ideology which has been used to support unrestrained capitalism. (shrink)

In "The Problems of Philosophy," Russell held that universals not exist, rather, they subsist. In the same work, he stated that universals are nevertheless "something," without intending to suggest that quantification over universals would require a special quantifier. I show these apparently conflicting statements can be reconciled with a simple definition of "subsists.".

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

:Most of the liberal moral and political debate concerning global poverty has focused on the duties of justice or assistance that the well-off have toward the needy. In this essay, I show how rights-based theories in particular have unanimously understood subsistence rights just as claims, where all it means to have a claim—following Hohfeld—is that others have a duty toward us. This narrow interpretation of subsistence rights has led to a glaring omission; namely, there has been no careful (...) examination of what the rights-holders themselves may do to realize the object of their rights. Furthermore, in the few cases where this question gets posed, rights are again understood just as claims, but this time of an Austinian kind: rights-holders are limited to the performance of speech-acts like demanding, pleading, and entreating to make noncompliers fulfill their duties. I suggest that this approach betrays the original spirit of subsistence rights as individual moral powers delineating a sovereign sphere of action. More seriously, it is unjust to the rights-holders themselves, to the extent that many of the actions they undertake to realize the objects of their rights fall off the radar of moral analysis. (shrink)

The belief held by Aboriginal people that their art is ultimately related to their identity, and to the continued existence of their culture, has made the protection of indigenous peoples' art a pressing matter in many postcolonial countries. The issue has prompted calls for stronger copyright legislation to protect Aboriginal art. Although this claim is not particular to Australian Aboriginal people, the Australian experience clearly illustrates this debate. In this work, Elizabeth Burns Coleman analyses art from an (...) Australian Aboriginal community to interpret Aboriginal claims about the relationship between their art, identity and culture, and how the art should be protected in law. Through her study of Yolngu art, Coleman finds Aboriginal claims to be substantially true. This is an issue equally relevant to North American debates about the appropriation of indigenous art, and the book additionally engages with this literature. (shrink)

Field research on customaryland tenure conducted in two villages inEastern Senegal suggests that theexisting tenure regime places a higher value onaccess than on security, long considered acornerstone of investment in increasedagricultural productivity. The underlyingreasons point to tenure's cultural dimensions.Interview accounts and observation are used todevelop the cultural link between tenure andsubsistence, and to describe the underlyingsocial relations and processes through which a``subsistence ethic'' is expressed. Such an``embedded'' approach to land tenure analysisimplies that understanding tenure dynamics andsocial change is a (...) complex challenge, onebenefiting from a sociological perspective thatgoes beyond behavior models that treat tenureas a primarily economic phenomenon. Land useand customary tenure are dynamic phenomena, buttheir responsiveness to economic forces istempered by the importance of householdinterdependence and the harsh materialrealities of living on the environmentalmargins. Market-based interventions that woulduse security as a means to effect land usechange may generate more social or spatialproblems than they solve. (shrink)

Threatened aboriginal cultures provide valuable criteria for fruitful criticism of the dominant Western cultural paradigm and perceptual model, which many take for granted as the inevitable path for humankind to follow. However, this Western model has proven itself to be imprecise and limiting. It obscures fundamental aspects of human nature, such as the mythical, religious dimension, and communication with the Cosmos. Modern technology, high-speed communication and mass media affect our ability to perceive reality and respond to it. Non-Western worldviews (...) could help us to regain meaningful communication with Nature and to learn new ways of perceiving our world. (shrink)

McGovern, Kevin This article explores statements from the National Health and Medical Research Council (NHMRC) about health research involving Aboriginal and Torres Strait Islander peoples.

An expanded and updated edition of a classic work on human rights and global justice Since its original publication, Basic Rights has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy’s role in alleviating global poverty. Henry Shue asks: Which human rights ought to be the first honored and the last sacrificed? Shue argues that subsistence rights, along with security rights (...) and liberty rights, serve as the ground of all other human rights. This classic work, now available in a thoroughly updated fortieth-anniversary edition, includes a substantial new chapter by the author examining how the accelerating transformation of our climate progressively undermines the bases of subsistence like sufficient water, affordable food, and housing safe from forest-fires and sea-level rise. Climate change threatens basic rights. (shrink)

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to (...) democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike other legal rights, they possess universal moral validity. In this paper I argue that this tension between the legal and moral aspects of human rights can be resolved if and only if human rights are conceived as moral aspirations and not simply as legal claims. In particular, I shall argue that there are two reasons why human rights must be understood as moral aspirations that function non-juridically: First, the basic human goods to which human rights provide secure access are determinable only in relation to basic human capabilities that are progressively revealed in the course of an indefinite (fully inclusive and universal) process of collective learning; second, the institutional impediments to enjoying human rights are cultural in nature and cannot be remedied by means of legal coercion. (shrink)

In this essay, I first consider what the implications of global climate change will be regarding issues of equity. Secondly, I consider two types of proposals which focus on sustainable emissions and subsistence rights respectively. Thirdly, I consider where these proposal types conflict. Lastly, I argue under plausible assumptions, these two proposals actually imply similar policies regarding global climate change.

Most research on aboriginal mind and mental health has sought to apply or confirm preexisting European-derived theories among aboriginal people. Culture has been underappreciate. An understanding of uniquely aboriginal models for mind and mental health might lead to more effective and robust interventions. To address this issue, a core group of elders from five separate regions of North America was developed to help determine how aboriginal people conceived of mind, self, and identity before European contact. The (...) process utilized for this study is iterative and involves discussions of teachings, traditional stories, and elder's comments on conclusions drawn. The elders endorsed a relational theory of mind in which mind exists between people as a product of the stories told and created within and by that relationship. Mind is distinguished from consciousness which is without language and exists within the individual as awareness. Language immediately results in an "out there" orientation in which two or more individuals generate stories about their experiences. The community is the basic unit of study for mind and mental health, and mental "illness" is not distinguished from physical "illness," but rather all are seen as a continuum of suffering and pain. What emerged from this research is that North American theories of mind are more closely related to Daoist and Shinto theories than to the logical positivism which drives most of North America's conventional psychology and psychiatry. Within European traditions, however, the philosophy of Mikhail Bakhtin with his emphasis on a dialogical self coupled with system theory comes closest to resembling North American aboriginal theories. This model explains why ceremony and ritual, community interventions, talking circles, and family therapy are more compatible with aboriginal thought than conventional North American biomedicine and psychology. (shrink)

Articles by Bain Attwood, Tim Murray, Gillian Cowlishaw, Stephen Muecke, Andrew Lattas, Philip Jones, Barry Morris, Tim Rowse, Heather Goodall, Jan Pettman and Colin Pardoe annotated separately.