Journal of Social Philosophy, EarlyView.

The human genome is commonly regarded as a ‘natural’ connection between all human beings, as it has been handed down to us by our predecessors. As such, it is believed to represent common heritage of humanity, e.g. a resource of outstanding value that should be the object of special protection and international concern. Some critics argue that germline manipulation would disrupt this natural heritage and that we have a duty to preserve the integrity of the human germline. (...) However, a closer look reveals that the concept of common heritage of humanity does not necessarily imply the impermissibility of germline manipulation. If it is restricted to the prevention of severe diseases, germline manipulation does not represent a threat to the unity and identity of the human species, even though this would create a new form of relationship between human beings, namely that between a designer and a genetically designed person. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider (...) the extent to which they align with the current practices that they are intended to justify. (shrink)

DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what (...) emerges as the most viable version of it, and assesses the extent to which this version conflicts with gene-patenting practices as exemplified by the U.S. regime. It concludes that the genome is best thought of as a repository of information to which humanity has a fiduciary relationship, and that on this view, the perceived conflict with gene-patenting largely dissolves. (shrink)

Baatz's fair share allocations of individual Emissions Rights proposal under-appreciates systemic ‘moral corruption’ at the heart of climate change. Imperfect duties as...

Global commons are natural goods which transcend national boundaries. A brief glance at management of oceans and terrestrial commons is succeeded by fuller discussion of rainforests, over which nations claim property rights, yet which perform global services. Leasing out could effect a desirable transfer of funds from North to South. Sustainable development requires these or other large incentives towards environmental protection in developing countries, but land and institutional reform are crucial to success. In conclusion, the anthropocentric ethic implicit in all (...) such solutions is contrasted with the ecocentric one which may be necessary to preserve the biosphere in the future. (shrink)

In the opening years of the 21st century, it became fashionable to describe the human genome as belonging to the common heritage of humanity. The United Nations, in its Universal Declaration on the Human Genome and Human Rights, now identifies the human genome as part of the common heritage, as does the international Human Genome Organization and the Council of Europe. The common heritage concept has played a prominent role in arguments against patenting the (...) human genome or portions thereof. This essay considers whether the common heritage designation will advance the political and legal goals of its proponents. (shrink)

This paper explores the role of ‘community’ in the context of global bioethics. With the present globalization of bioethics, new and interesting references are made to this concept. Some are familiar, for example, community consent. This article argues that the principle of informed consent is too individual-oriented and that in other cultures, consent can be community-based. Other references to ‘community’ are related to the novel principle of benefit sharing in the context of bioprospecting. The application of this principle necessarily requires (...) the identification and construction of communities. On the global level there are also new uses of the concept of community as ‘global community.’ Three uses are distinguished: (1) a diachronic use, including past, present, and future generations, (2) a synchronic ecological use, including nonhuman species, and (3) a synchronic planetary use, including all human beings worldwide. Although there is a tension between the communitarian perspective and the idea of global community, this article argues that the third use can broaden communitarianism. The current development towards cosmopolitanism is creating a new global community that represents humanity as a whole, enabling identification of world citizens and evoking a sense of global solidarity and responsibility. The emergence of global bioethics today demonstrates this development. (shrink)

While the 1970's have been called the environmental years, the 1990's could be seen as the genome years. As the challenge to map and to sequence the human genome mobilized the scientific community, risks and benefits of information and uses that would derive from this project have also raised ethical issues at the international level. The particular interest of the 1997 UNESCO Declaration relies on the fact that it emphasizes both the scientific importance of genetics and the appropriate reinforcement of (...) human rights in this area. It considers the human genome, at least symbolically, as the common heritage of humanity. (shrink)

This essay identifies two legal lineages underlying the common heritage concept, and applies each to the human genome. The essay notes some advantages and disadvantages of each approach, and argues that patenting of human genes would be allowable under either approach.

The concept of benefit sharing has been a topical issue on the international stage for more than two decades, gaining prominence in international law, research ethics and political philosophy. In spite of this prominence, the concept of benefit sharing is not devoid of controversies related to its definition and justification. This article examines the discourses and justifications of benefit sharing concept.

One way to think about the philosophical significance of hatred is to consider doctrines that are characterised by feelings of hatred. A good candidate is misanthropy, which is often conceived as an attitude of hatred directed at humankind at large. I start by sketching a working account of misanthropy as a critical verdict or judgment on the contemporary condition of humankind as it has become. The criticism is directed at the array of vices and failings that are ubiquitous (...) and entrenched within the wider structures of human life, rather than those of individual persons. In one of its forms, misanthropy manifests itself in feelings of hatred for those entrenched failings and the patterns of awful behaviour which they motivate and sustain - for instance, the figure that Kant called the "enemy of mankind", or the radical eco-misanthropes who populated much American radical environmentalism of the 1980s, with their calls to 'tear down' the 'whole human world'. I then argue that such hateful 'enemies of mankind' represent only one among a set of modes of misanthropy. These have more peaceable affective and practical profiles that offer us forms of misanthropy without hatred. If so, we can think philosophically about hate in relation to misanthropy and about the potential scope of hatred. Thinking about the entrenched vices and failings constitutive of our life as it has become offers a way of intelligibly hating something as large as 'humanity'. But there are other responses to those vices and failings than hatred. I end by speculating that although hateful misanthropy tends to dominate discussions of misanthropy, historically it is the least common. That, itself, might tell us something about the sustainability of hatred. (shrink)

Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop (...) commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century. (shrink)

Many valuable natural resources are found outside current territorial limits, for example, on the Moon and in the deep sea. As technology advances, these resources become more accessible. I argue that the claim that all humanity owns these resources is insupportable if taken literally. Because they are truly unowned, we need to develop a principle of justice in acquisition which describes the procedure that must be followed to obtain property rights to these unowned objects. I conclude with a tentative development (...) of such a principle based on the moral ideals of fairness, freedom, and the maximization of the common good. (shrink)

Many valuable natural resources are found outside current territorial limits, for example, on the Moon and in the deep sea. As technology advances, these resources become more accessible. I argue that the claim that all humanity owns these resources is insupportable if taken literally. Because they are truly unowned, we need to develop a principle of justice in acquisition which describes the procedure that must be followed to obtain property rights to these unowned objects. I conclude with a tentative development (...) of such a principle based on the moral ideals of fairness, freedom, and the maximization of the common good. (shrink)

The UNCED Earth Summit established two new principles of international justice: an equitable international order and protection of the environment. UNCED was a significant symbol, a morality play about environment and economics. Wealth is asymmetrically distributed; approximately one-fifth of the world (the G-7 nations) produces and consumes four-fifths of goods and services; four-fifths (the G-77 nations) get one-fifth. This distribution can be interpreted as both an earnings differential and as exploitation. Responses may require justice or charity, producing and sharing. Natural (...) and national resources come into tension with the common heritage of humankind, exemplified in disputes about. who owns biodiversity resources. Ethics has to learn planetary home economics. (shrink)

The phenomenon of global warming, the anthropogenic theory of its genesis and some of the implications of that theory are introduced as a case-study of a global environmental problem involving issues of equity between peoples, generations and species. In particular, recognition of the view that the absorptive capacities of the atmosphere comprise an instance of the Common Heritage of Humankind would have a key bearing on negotiations downstream from the Kyoto Protocol, suggesting the proportioning of emission quotas (...) to population, and also limits to the inter-state trading of quotas. This view and these possible implications are discussed; international regimes with such a basis are argued to have a firmer foundation than ones based on historical emission levels (such as the Kyoto agreement), and to escape the charge of anthropocentrism to which stress on the Common Heritage of Humankind appears to expose them. The anthropogenic theory might be held, instead, to favour tying emissions quotas to aggregate historical emissions of the last two centuries. But intergenerational equity requires a sustainable international regime, based on universal principles rather than history. (shrink)

Valorising the biocultural heritage of common goods could enable peasant farmers to achieve socially and economically inclusive sustainability. Increasingly appreciated by consumers, peasant heritage products offer small farmers promising opportunities for economic, social and territorial development. Identifying the obstacles and levers of this complex, multi-scale and multi-stakeholder objective requires an integrative framework. We applied the panarchy conceptual framework to two cases of participatory research with small quinoa producers: a local fair in Chile and quinoa export production in (...) Bolivia. In both cases, the “commoning” process was crucial both to bring stakeholders together inside their communities and to gain outside recognition for their production and thus achieve social and economic inclusion. Despite the differences in scale, the local fair and the export market shared a similar marketing strategy based on short value chains promoting quality products with high identity value. In these dynamics of biocultural heritage valorisation, the panarchical approach revealed the central place as well as the vulnerability of the community territory. As a place of both anchoring and opening, the community territory is the privileged space where autonomous and consensual control over the governance of common biocultural resources can be exercised. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the resource (...) as common heritage of humankind. (shrink)

Violence in the world, explosive population growth, uneven and unfair distribution of wealth, destruction of the environment and/or the ineffectiveness of supranational political and economic tools and institutions and other problems are more and more achieving global character. The growth of number, frequency and intensity of global problems and threats is a reality. In the same time it represents a big challenge: How to find a generally acceptable, adequate global solution? The majority of political and intellectual leaders around the world (...) acknowledge concept of sustainable development/sustainable living as the most important tool for protecting the biosphere and for securing reasonable development for the future. The development and implementation of the sustainable living concept is driven by the effort to reach – as much as possible – the ideals of humanism and the harmony between man and nature, based on the respect of life. Values compatible with a sustainable way of living are a set of values, the implementation of which promote the shift towards sustainable future. These values are not completely new. Just the opposite. They create the core of the common heritage of humankind, since the oldest religious cultures. The submitted study tries to map the recent developments of values compatible with the sustainable way of living problematic from both Czech, Slovak and thinkers from abroad perspectives in the wider framework of relevant international activities. (shrink)

In order to enlarge the pool of knowledge available in the public domain, temporary exclusive rights are granted to innovators who are willing to fully disclose the information needed to reproduce their invention. After the 20-year patent protection period elapses, society should be able to make free use of the publicly available knowledge described in the patent document, which is deemed useful. Resistance to pesticides destroys however the usefulness of information listed in patent documents over time. The invention, here pesticides, (...) will have a decreased effectiveness once it enters the public domain. In some cases pesticides lose most of their efficacy shortly after temporary exclusive rights expire. Society’s share of the patent bargain—having new useful knowledge available in the public domain—is lost. Resistance can be slowed down, if pesticide use is limited by optimal compliance. Stimulating proper use is generally not compatible with existing market incentives for patent holders, since these have to be able to maximize profits in order to recoup research and development costs and satisfy obligations to the company’s stakeholders. Another incentive system is needed to ensure longevity of pesticides, which at the same time does not hamper future research. (shrink)

We are such stuff / As dreams are made on.Only an American could have seen in a single lifetime the growth of the whole tragedy of civilization from the primitive forest clearing. An Englishman grows up to think that the ugliness of Manchester and the slums of Liverpool have existed since the beginning of the world.LUCA [Last Universal Common Ancestor], the researchers say, was the common point of origin for three great domains of life—bacteria, archaea, which are bacteria-like (...) single-cell prokaryotes, and the eukaryotes, a domain that includes all plants and animals [including Homo sapiens].Our language evolved as a way of gossiping. According to this theory … [s]ocial cooperation is our key for survival and... (shrink)

For example, it is commonly held that the difference between human beings and nonhumans, between human social practice and the activities of animals, lies in the self-conscious agency of humankind ; that is to say, human beings act in a self-conscious and intentional way. This gives rise to the question: If labor is characteristic of humankind and begins with the making of tools, and if tool-making activity is a universal and necessary characteristic which already implies intentional, conscious, and (...) self-conscious activity, does this then mean that human consciousness is prior to human activity ? As a scientific expression of this view, some paleoanthropologists emphasize the decision-making function of the human brain [as a defining characteristic of humankind]. I disagree with this view. (shrink)

‘The heavens’ are among the oldest and most enduring heritage of human cultures: a scene of ancient myths and modern space opera. That something is part of somebody’s cultural heritage implies that there may be ethical duties to conserve it or otherwise treat it with respect, and space is no exception to this principle: recent work by Tony Milligan asserts that the cultural significances of the Moon may count against any prospect of lunar mining on a significantly destructive (...) scale. Current literature on the ethics of cultural heritage, however, tends ordinarily to be suited to more familiar sorts of heritage: artefacts and places contested by terrestrial governments and settled ethnic groups, rather than the distant worlds above us. So long as space exploration is conducted by those same terrestrial governments and their agencies, current international agreements about protection of ‘the common heritage of mankind’ may seem adequate as a guiding light for their ethics in space. Private space exploration, however, introduces further difficulties. -/- Private individuals and corporations often have complex cultural affiliations of their own; and expansion into space may foster the development of identities not strongly grounded in the national and regional cultures of Earth. To look up and observe space is part of the heritage we share as human beings, whilst the names of the ‘heavenly bodies’ we perceive and the stories we tell about them are hallmarks of particular terrestrial cultures; but what responsibilities are borne towards this heritage by people who go out to explore and inhabit and exploit it? This essay considers in what ways, and to what extent, the roles which space has played within the cultures that have developed on Earth might place moral constraints upon private explorers of space. I argue that space qua heritage is best conceptualised as an intellectual resource: explorers will not find legendary heroes or crystal spheres, but it has been possible (for example) for human cultures to feature Moon Goddesses by virtue of the fact that there is a Moon. Drawing on ideas of stewardship which have been influential in archaeological ethics, I develop an account of how duties of conservation might put practical constraints upon the exploitation of this resource. (shrink)

Contemporary educational policies have recently prioritised the development of generic, core, and transferable skills. This essay reflects on this tendency in the context of the ‘algorithmic condition’ and those discourses that tend toward an image of education that privileges dematerialised skills, practices, and knowledge. It argues that this turn towards dematerialisation is resonant with shifts in a number of diff erent domains, including work, and explores some of the implications of this shift. Instead I suggest an approach to education that (...) understands it as turning towards the world, loving the world, and creating a common world. In order to understanding thinking and knowing as material practices, the concept of ‘material thinking’ is developed that refuses binaries of theory and practice, but that instead understands thinking, particularly in educational contexts, as material and a practice of thinking with something, and a turning towards the world. I draw upon the work of Susan Oyama, Elizabeth Grosz, Tim Ingold and Isabelle Stengers, and explore the example of Barbara McClintock’s research as a cytogeneticist researching maize. Here I am particularly interested in the importance of deep engagement with a subject matter in terms of developing the skilfulness that is associated with what I am calling ‘material thinking’. This allows us to think about education in a way that pays attention to the plurality of practices of material thinking that engage with the natural history of humankind, and the story of the world. (shrink)

This article reviews arguments that, in the process of action formation and ascription, the relative status of the participants with respect to a projected action can adjust or trump the action stance conveyed by the linguistic form of the utterance. In general, congruency between status and stance is preferred, and linguistic form is a fairly reliable guide to action ascription. However incongruities between stance and status result in action ascriptions that are at variance with the action stance that is otherwise (...) conveyed in the turn. This argument is presented, first, in relation to epistemic status and stance where the process is argued to be both fundamental and universal across all declarative and interrogative utterances. Some consequences of this way of viewing action are discussed. The argument is then briefly extended to deontics and benefactives. (shrink)

ABSTRACT Chemsex is a phenomenon in which typically gay, bisexual, trans, queer, and/or related communities of men take psychoactive drugs while having sex, often without a condom. The practice can lead to increased rates of HIV transmission, sexual assault, and in extreme cases murder. GBTQ+ men are already a stigmatised group so those who engage in chemsex face multiple stigmas. This study examines the ways that two types of media report on chemsex while negotiating these stigmas. We take a large (...) data set of newspaper articles written for the general British public and a smaller data set of magazines aimed at GBTQ+ men to examine how chemsex is represented in the media. We find that the mainstream press focus on extreme criminal cases involving chemsex, while the media aimed at GBTQ+ men focus on counselling services and discuss chemsex in relation to gay culture. Chemsex is unlikely to go away, and so we address how information about it is conveyed in different media and call for more research in this area. (shrink)

In 2016, Discourse Studies published a special issue on the ‘epistemics of epistemics’ comprising six papers, all of which took issue with a strand of my research on how knowledge claims are asserted, implemented and contested through facets of turn design and sequence organization. Apparently coordinated through some years of discussion, the critique is nonetheless somewhat confused and confusing. In this article, I take up some of more prominent elements of the critique: my work is ‘cognitivist’ substituting causal psychological analysis (...) for the classic conversation analytic focus on the normative accountability of social action, my work devalues and indeed flouts basic tenets of CA methodology such as the ‘next-turn proof procedure’, my analysis of epistemic stance introduces unwarranted themes of conflict and hostility into CA thinking, various concepts that I have introduced involve the invocation of ‘hidden orders’ of social conduct that is inimical to the traditions of our field and that my work rests on an unwarranted ‘informationism’ – the discredited idea that much of human interaction is driven by a need to traffic in information. In this rebuttal, I refute all of these commentaries and correct many other ancillary mistakes of representation and reasoning that inhabit these papers. (shrink)

The article studies the Jewish cemetery which provides a significant amount of historical information about various aspects of the life of the Jewish community which have long been out of focus. The objective of the research lies in proving the relevance of marginal culturally significant objects in the context of postmodern philosophy, as well as explaining and analyzing the compositional ways and peculiarities of plastic images of the facades of the gravestones in Kremenets, one of the Volyn areas of the (...) Jewish culture in the 18th century – the early 19th century. The article focuses on the most common method of studying the monuments of Jewish gravestone epigraphy. The methodology of the research is based on the regionalist approaches to the problem and the application of culturological, retrospective comparative-historical methods and the use of critical analysis. For the first time, the artistic and style peculiarities of the memorial plastic arts of Jewish cemetery in Kremenets are analysed and the historical factors that influenced them are explicated. It was proved that the historical and cultural value of the Jewish necropolis in Kremenets lies in its originality. The cemetery is one of the oldest in Europe and contains unique information on the history, customs and culture of the Jewish people. It can become a promising object of visit for postmodern consumers, interested in unpopular and marginal tourist artefacts. (shrink)

Analysing Representation: A Corpus and Discourse Textbook guides readers through the process of researching how people and phenomena are represented in discourse and introduces them to key tools they can use from corpus linguistics and (critical) discourse analysis. The book takes a step-by-step approach to introducing each concept and includes exercises and further reading to help readers check their progress and prepare for independent research. It is unique in introducing readers to a range of experts representing the full range of (...) work in this area. It is aimed at final-year undergraduate, taught postgraduate and doctoral level students, as well as scholars who are new to combining corpus and discourse methods to investigating representation. (shrink)

Humankind is currently witnessing, and shaping, the most significant and rapid paradigm shift in human history - a paradigm shift of major demographic, economic, ecological, and geo-political dimensions. For the first time in human history - we are faced not with just one crisis - but a confluence of several crises; crises that are not related to a single tribe or community - a single nation -or a single region of the world - but are each global in scale. (...) To meet the challenges of these global crises will require an equally historic paradigm shift; a paradigm shift with a strong environmental ethic that restores ecological balance and integrity to our failing ecosystems, and that addresses the critical issue of climate change; a paradigm shift toward an economic system that brings about an end to poverty — and a paradigm that brings an end to war as a means to solving conflict, as it is only through a global family in harmony and peace with itself, that we can solve the unprecedented global issues facing our one common home, planet earth - and our one common future as a global family. The travel and tourism industry has, and will continue to play a vital and leading role toward this paradigm shift, and as the world's largest industry involving virtually every nation in the world — will be the central pillar of a Peace through Commerce movement. The dramatic growth of tourism in the past 60 years is one of the most remarkable economic and social phenomena of our time. The industry has grown from a total of 25 million international arrivals in 1950 to a projected 1 billion international arrivals in 2010, and a further projection to 1.6 billion by 2020. Beginning with the emergence of "Ecotourism" in the late 1980' s, there are an increasing number of tourism market segments which fall within a broad category that can be called "Peace Tourism," and classified within a framework that includes peace within ourselves, peace with others, peace with nature, peace with past generations, peace with future generations, and peace with our Creator. Since its birth in 1986, the International Institute for Peace through Tourism (IIPT) has been promoting these values of tourism together with its vision of Travel and Tourism as the world's first "Global Peace Industry" - an industry that promotes and supports the belief that every traveler is potentially an "Ambassador for Peace." This "higher purpose of tourism" includes the key role of tourism in promoting international understanding and collaboration among nations; environmental protection and preservation of biodiversity; enhancing cultures and valuing heritage; contributing to sustainable development and poverty reduction; and healing wounds of conflict. (shrink)

Psychological literacy, the ability to apply psychological knowledge to personal, family, occupational, community and societal challenges, is promoted as the primary outcome of an undergraduate education in psychology. As the concept of psychological literacy becomes increasingly adopted as the core business of undergraduate psychology training courses world-wide, there is urgent need for the construct to be accurately measured so that student and institutional level progress can be assessed and monitored. Key to the measurement of psychological literacy is determining the underlying (...) factor-structure of psychological literacy. In this paper we provide a first approximation of the measurement of psychological literacy by identifying and evaluating self-report measures for psychological literacy. Multi-item and single-item self-report measures of each of the proposed nine dimensions of psychological literacy were completed by two samples (N = 218 and N = 381) of undergraduate psychology students at an Australian university. Single and multi-item measures of each dimension were weakly to moderately correlated. Exploratory and confirmatory factor analyses of multi-item measures indicated a higher order three factor solution best represented the construct of psychological literacy. The three factors were reflective processes, generic graduate attributes, and psychology as a helping profession. For the measurement of psychological literacy to progress there is a need to further... (shrink)

Since the 1990’s the rise of China provokes heated debates in the West. Numerous politicians and scholars, who study contemporary political affairs, pose the question, which will be the new role of China in international affairs? Many Western observers presume that China will act as the Western powers did in the past, promoting policy of domination, enslavement and gaining profits at all costs. The Chinese declarations on peace, co-operation, mutual interests, and harmony are often considered empty words, a certain decorum (...) of “real politics”, as it had been often practised in the West. An inquiry into the Chinese political and intellectual traditions, almost unknown in the West, challenges such widespread opinions and fears. Of course, it is an open question to which degree the traditional Chinese concepts will determine contemporary policy, since China had been westernised in enormous degree.Nevertheless, attitude to war, struggle, and competition constitutes one of the principal characteristics of each culture and appears closely related to its structure of values. Such attitudes determine political concepts and systems, foreign relations, norms of social life, etc. The analysis of Western and Chinese civilisations demonstrates that in this respect they represented divergent orientations. In Erich Fromm’s typology of societies, the Chinese culture could be considered non-destructive but aggressive, whereas Western civilisation could be called aggressive and destructiveOf course, there were great differences both within Chinese and within Western civilisations. Local/regional cultures belonging to each of them had their own characteristics in respect to struggle, and one could also notice great changes in the course of their histories. In general, at the dawn of these two civilisations, both of them were more or less bellicose, although in the cultures of the Chinese Central Plain “avoiding struggle” traits could be detected quite early. Appreciation of peace and harmony eventually prevailed with the predomination of the Confucian ideology, although Taoism and other schools of thought also condemned struggle and war. On the other hand, in the Mediterranean the bellicose cultures and war-mongering states prevailed. The beginning of this “great divergence” could approximately be dated for the middle of the 1st millennium BC, and the civilisations of East Asia and Europe took the opposite courses in theirsocial and political development. Struggle constituted a fundamental principle in the Western vision of the world-order, and its crucial archetype constituted the eternal struggle of Evil against Good, with the eventual triumph of God, who embodies Good and forces of Light. The Chinese tradition promoted instead the vision of the universe as one giant organism based on the principle of harmony, where Yin complements Yang. Hence both civilisations adopted the dualistic concepts, but one was antagonistic, and the second—complementary.In the 19th century, when Asian nations faced the colonial conquests, many of them tried to protect their independence and modernise themselves. For this end they tried to adopt not only Western armaments and military skills, but also Western bellicose ideology and values. Japan was obviously the champion of such a militarist course, but there were similar tendencies in China as well. Such bellicose ideology reached its apex there during the famous Maoist Cultural Revolution, when class struggle and bellicosity was exalted. The triumph of the Western bellicose approach and rejection of the traditional native heritage marked the century 1860’s–1960’s in China. However, after the unimaginable sufferings of the World War I and II, of Nazism and of communism, the West started to revalidate its traditions condemning war and violence. People started to appreciate peace and co-operation within and among nations. The United Nations and the European Union had been founded for such purposes: to promote peace and co-operation. However, the condemnation of wars did not halt military confrontation of the states, and the West still cultivates political ideologies, which propagate the “proper order” based on competition and struggle. Hence the concepts of multi-party democracy and of free market could serve as hallmarks of the West. In China, since the end of the 1970’s step by step the ancient ideological traditions have been appreciated again and the new concepts of peaceful and harmonious development evolved. At the beginning of the 21st century the Chinese leaders elaborated a new ideology of both harmonious domestic and international order aiming at peaceful development based on co-operation. Of course, there are still vivid the remnants of the previous Western-type approach of the brutal competition and of aggressive foreign policy.Notwithstanding divergent tendencies inside each of these civilisations, in general they both approach each other again, but this time in a common search for peace, cooperation and harmonious development. Their interpretations obviously differ, since in China such concepts are traditional, but rather new in the West, and in various respects both sides have different values and ideals. (shrink)

The concept of cultural heritage employs specific discourses, codes, values, and images that contain assumptions about a particular community and its members. Among the constitutive elements of a common heritage firmly stand language, history and territory. The contents of the cultural heritage are frequently socially, politically, culturally, and historically contested, which reveals competition among past, present, and future narratives that shape the existing national identities or lead to the creation of new ones. The paper examines the (...) role of law in “defining” cultural heritage and “attributing” it to a particular community. In this respect the case of North Macedonia represents a unique case study on how international law embedded in the bilateral agreements with Bulgaria and Greece have shaped the past, present and future identity of that nation. It explores how the legal norms can shape the “attribution” of the cultural heritage by issuing legally binding interpretations of the historical events and personalities, usage of names and designations, and even the features of a language. (shrink)