This paper explores the bioethical issues associated with the diagnosis and treatment of vulvar cancer for Indigenous women in East Arnhem Land, Northern Territory, Australia. Based on a qualitative study of a vulvar cancer cluster of Indigenous women, the article highlights four main topics of bioethical concern drawn from the findings: informed consent, removal of body parts, pain management, and issues at the interface of Indigenous and Western health care. The article seeks to make a contribution (...) towards Indigenous health and bioethics and bring to light areas of further research. (shrink)

The Western world is experiencing a resurgence of interest in the therapeutic potential of psychedelics, most of which are derived from plants or fungi with a history of Indigenous ceremonial use. Recent research has revealed that psychedelic compounds have the potential to address treatment‐resistant depression and anxiety, as well as post‐traumatic stress disorder and addictions. These findings have contributed to the decriminalization of psychedelics in some jurisdictions and their legalization in others. Despite psychedelics’ opaque legal status, numerous companies (...) and individuals are profiting from speculative investments with few, if any, benefits accruing to Indigenous Peoples. In this paper, we suggest that the aptly named “psychedelic renaissance,” like the European Renaissance, is made possible by colonial extractivism. We further suggest that Indigenous philosophical traditions offer alternative approaches to reorient the “psychedelic renaissance” towards a more equitable future for Indigenous Peoples, psychedelic medicines, and all our relations. (shrink)

In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned about. Both liberal-individualists (...) and corporatists locate the importance of group interests in the personal psychology of individual group members. As a result, both treat group interests (such as cultural integrity) as not only different in kind from individualized interests such as freedom of expression but as potentially in competition with them. In contrast, the real-world demands of indigenous groups place emphasis on concrete ways in which the preserving of communal life can be important to individuals’ well-being, in addition to the various spiritual and symbolic resources which such life may provide. These practical aspects of communal life make individuals’ group interests a lot like their individualized ones, and so suggest that group rights do not introduce new or distinctive theoretical questions. Instead, group rights are raise familiar questions about how individuals’ interests ought to be balanced against one another when they are in competition; what counts as an adequate institutional structure for the instantiation of a right; and who ought to be recognized as an authoritative judge of whether a right has been respected. (shrink)

Most healthcare providers work from ethical principles based on a Western model of practice that may not adhere to the cultural values intrinsic to Indigenous peoples. Breaking bad news is an important topic of ethical concern in health research. While much has been documented on BBN globally, the ethical implications of receiving bad news, from an Indigenous patient perspective in particular, is an area that requires further inquiry. This article discusses the experiences of Māori lung cancer patients and (...) their families, in order to investigate the ethical implications of receiving bad news. Data collection occurred through 23 semistructured interviews and nine focus groups with Māori lung cancer patients and their families in four districts in the Midland Region of New Zealand: Waikato, Bay of Plenty, Lakes and Tairāwhiti. The findings of this study were categorised into two key themes: communication and context. Avenues for best practice include understanding the centrality of the HCP–patient relationship and family ties in the healthcare journey, and providing patients with the full range of viable treatment options including hope, clear advice and guidance when the situation calls for it. Overall, the findings of this study hold implications for providing culturally safe and humanistic cancer care when BBN to Māori and Indigenous patients. (shrink)

This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of religious neutrality and equal treatment of all faiths and none is clearly tested to the degree it privileges traditional indigenous religion in the name of fostering indigenous culture. This dilemma has been acutely raised in New Zealand where Maori metaphysical concerns—the appeasement of taniwha (...) (spiritual monsters) and the evils of mingling the mauri (life-force) of human and non-human species in genetic engineering—have been subjected to judicial scrutiny. Quite apart from issues of justiciability, the legal acknowledgment of indigenous spirituality raises questions about the continued secularity of the state. This essay traverses the varying responses to indigenous spirituality, especially criticisms that such recognition constitutes government countenancing of primitive superstition, a fostering of paganism or naked religious favouritism. (shrink)

In this paper we examine the epistemic treatment of Indigenous peoples by the Inter-American Court and Commission on Human Rights, two institutions that have sought to affirm the rights of Indigeno...

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He (...) examines how the claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

International Indigenous rights coalitions increasingly involve Indigenous and non-Indigenous civil society organizations with diverse backgrounds and interests. As these organizations more frequently interact and partner with one another, what issues are being emphasized in their advocacy efforts? This study utilizes content analysis of 60 Indigenous rights organizations’ websites, as well as interviews of several leaders and staff, to explore whether African Indigenous organizations emphasize different aspects of Indigenous rights in their messaging and advocacy than (...) their other Indigenous and non-Indigenous coalition partners, We find that African Indigenous CSOs discuss issues of unequal treatment more frequently, and issues of self-determination and assimilation less frequently, than their coalition partners. The messaging of Indigenous organizations outside of Africa contained similar themes as that of non-Indigenous CSOs. This raises questions regarding why these messages differ: do African Indigenous groups have distinct concerns and/or are there other reasons for the variance in messaging across international Indigenous rights coalitions. (shrink)

Ayahuasca, an ancient Amazonian psychedelic tea traditionally used ceremonially among indigenous peoples, has recently become known as a possible treatment for a wide range of disorders. The awareness of this sacred medicine has grown exponentially over the past decade, attracting westerners from a wide variety of backgrounds, hoping to find treatment for a myriad of emotional and physical illnesses, as well as spiritual needs. In the wake of the commercialization and westernization of the use of ayahuasca, and (...) the subsequent proliferation of ayahuasca treatment centers, this paper examines the benefits and possible risks of this form of therapy in an effort to create a safety protocol for Westerners in this context. The most practical approach to increasing safety for Westerners attending these Amazonian treatment centers is to educate the seeker prior to treatment and to provide access to specialized therapeutic aftercare services. (shrink)

The field of Latin American philosophy has established itself as a relevant subfield of philosophical inquiry. However, there might be good reasons to consider that our focus on the subfield could have distracted us from considering another subfield that, although it might share some geographical proximity, does not share the same historical basic elements. In this paper, I argue for a possible and meaningful conceptual difference between Latin American Philosophy and Indigenous philosophy produced in Latin America. First, I raise (...) what I call Mariátegui’s Solidarity Challenge to show that there might be some neglectful treatment of the philosophical views of different Indigenous groups. I then depart from Mariátegui and engage in a critical exercise to show that even he would be guilty of failing in his own solidarity demands. I follow that by drawing out some implications of the argument. I first sketch how this differentiation would play out against the political project of “Mestizaje,” a project that seems to inform some of the Latin American philosophical tradition. I then speculate about the kinds of duties that the field of Latin American philosophy might have towards the field of Indigenous Philosophy produced in Latin America. (shrink)

It is understandable that Iran’s December 2006 hosting of an international conference casting doubts on the historicity of the Holocaust would raise questions about treatments of the Shoah elsewhere in the Third World. In fact, indigenization the Holocaust—the manifold ways in which serious scholars, activists, and writers from Asia, Africa, and Latin America have come to incorporate the Holocaust in their intellectual work—has been positive overall. Within the framework of intellectual globalization, much of the Third World intelligentsia has come to (...) include this most Western of human rights violations within the framework of their own cultures and histories. Although some of the indigenization of the Holocaust is political and instrumental, the deviant variant expressed at the Tehran Holocaust conference is atypical. Governmental respect for the memory of victims of genocide should be considered as an emerging human right. (shrink)

Many aquatic invasive species (AIS) management programs are doing important work on preventing non-indigenous species movement to our wild places. Attitudes and perspectives on aquatic non-indigenous species and their management by ecologists and the public are fundamentally a question of human values. Despite eloquent philosophical writings on treatment of non-indigenous species, management agency rhetoric on 'invasive' species usually degenerates to a good versus evil language, often with questionable results and lost conservation dollars. We assess and learn (...) from an established AIS program. We discuss an ethic framework and operational directives to minimise the trap of a binary classification of species into bad or good, and we advocate for a principled pragmatic approach to minimise conflicts. We make a case for not labelling species and instead focusing on managing nuisance conditions and protecting ecosystem health. (shrink)

Psychedelic or ecodelic medicines (e.g., psilocybin, ayahuasca, iboga) for the care and treatment of addiction, post‐traumatic stress disorder, cancer, cluster headaches, anxiety, and depression have surged to the forefront of discussions about mental health in the US, leading to the emergence of well‐capitalized biotech companies offering multimillion‐dollar IPOs. Venture capital website Pitchbook reports “continuing investor interest and growing acceptance of what until recently was seen as a fringe area of medicine.” As scholars, activists, and practitioners who have been healed (...) by these medicines and applaud the recent wave of decriminalization after a long, strange trip of mass incarceration and widespread dangerous misinformation, we look forward to a culture that makes these medicines available in a safe and affordable way that respects the lineages of the knowledges that are essentially and not accidentally bundled with these plants—Indigenous and counterculture wisdoms for whom these medicines were never “fringe,” but always foundational. In place of corporadelia's pursuit of standardization, we emphasize the care and wisdom of the Indigenous and countercultural teachings—traditions that have made psychedelics available to the emerging corporate/research partnership in the first place. These knowledge traditions offer foils to the ongoing translation of university peer‐reviewed research into market copy, technical articles, and IPOs, and the concomitant emergence of psychedelic pundits. In particular, we examine instances where prominent researchers have overstated the findings of existing clinical trials in public‐facing representations of the field. We argue that these corporate priorities and tactics are being aided by a new wave of psychedelic “thought leaders” who seek to delegitimize non‐hierarchical approaches to knowledge production and community support within a psychedelic commons. While prominent psychedelic psychiatrists and behaviorists are focused on rooting out and transforming individual habits of mind, we argue that there is another, latent potential for psychedelics to draw attention to—and transform—the invisible, hegemonic infrastructures and ideologies that subtly naturalize and perpetuate deeply unequal societies. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both (...) peoples and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination is more than a (...) principle that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)

There has been a long-standing debate about the roles of San in the militaries of southern Africa and the prevalence of violence among the Ju/'hoansi and other San people. The evolutionary anthropology and social anthropological debates over the contexts in which violence and warfare occurs among hunters and gatherers are considered, as is the “tribal zone theory” of warfare between states and indigenous people. This paper assesses the issues that arise from these discussions, drawing on data from San in (...) Angola, Namibia, Botswana, and Zimbabwe. Utilizing cases of how San have been affected by military forces and wildlife conservation agencies in what became protected areas in southern Africa, this article shows that indigenous peoples have been treated differentially by state and nongovernmental organizations involved in anti-poaching, shoot-to-kill, and forced resettlement policies. Particular emphasis is placed on the!Xun and Khwe San of southern Angola and northern Namibia and the Tshwa San of western Zimbabwe and northern Botswana, who have been impacted by militarization and coercive conservation efforts since the late nineteenth century. Principal conclusions are that conservation and militarization efforts have led to a reduction in land and resources available to indigenous people, higher levels of poverty, increased socioeconomic stratification, and lower levels of physical well-being. San have responded to these trends by engaging in social activism, forming community-based institutions, and pursuing legal actions aimed at obtaining human rights and equitable treatment. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

The SARS-CoV-2 (COVID-19) pandemic continues to expose underlying inequities in healthcare for black, indigenous and Latinx communities in the USA. The gaps in equitable care for communities of colour transcend the diagnosis, treatment and vaccinations related to COVID-19. We are experiencing a continued gap across racial and socioeconomic lines for those who suffer prolonged effects of COVID-19, also known as ‘Long COVID-19’. What we know about the treatment for Long COVID-19 so far is that it is complex, (...) requires a multidisciplinary approach and there is still much research needed to fully understand the effects. In this paper, we discuss pragmatic considerations for including affected communities, relevant stakeholders, and leaders from communities of colour in the planning and implementation of Long COVID-19 research. (shrink)

Given the significant disparities in health and health related disadvantage between Aboriginal andnon-Aboriginal Australians, the application of somenotion of equity has a role to play in the formulationof policy with respect to Aboriginal health. Aboriginal andTorres Strait Islander has been abbreviated to Aboriginal. There has been considerable debate in Australia as to what the principles of equity should be. This paper discussesthe relevance of the principle of vertical equity (theunequal, but equitable, treatment of unequals) toAboriginal health funding. In particular, (...) the paperadvocates pursuing procedural justice as the basis forvertical equity where the focus is on the fairness ofhow things are done rather than on the distribution ofoutcomes per se (i.e. distributive justice).Particular attention is paid to how the principle ofvertical equity might be handled at a practical level.Details of the approach used in a number of Australianindigenous communities are discussed. It is concludedthat there are strong arguments for pursuingprocedural justice under vertical equity particularlywhen there are cultural differences in the ways healthis defined and when there is importance attached toindigenous involvement in the health care decisionmaking process. (shrink)

This paper explores definitions of death from the perspectives of several world and indigenous religions, with practical application for health care providers in relation to end of life decisions and organ and tissue donation after death. It provides background material on several traditions and explains how different religions derive their conclusions for end of life decisions from the ethical guidelines they proffer.

In lieu of an abstract, here is a brief excerpt of the content:Introduction to the Special Section on Psychedelics Research and TreatmentDominic SistiAgainst a backdrop of post-pandemic malaise, diseases of despair, and a fragmented mental health care system, psychedelics have enjoyed a resurgence of interest as powerful psychotherapeutic agents and as catalysts of personal growth. The true power of these substances—some of which are considered sacramental by Indigenous peoples—has been shrouded for half a century by cultural mythology, political propaganda, (...) and misuse. From about 1940 to 1970, psychedelics including psilocybin and LSD were studied and used by clinicians to treat a range of psychiatric disorders from alcoholism and depression in adults to "autistic schizophrenia" in children.In June 1971, the Nixon administration's racist and illiberal War on Drugs inaugurated what was essentially a total ban on psychedelics. Society was robbed of half a century of scientific progress, and one can only speculate how differently our society might now function, and how many people might have been spared the trauma of mental illness and incarceration. Thankfully, it appears the time has arrived for psychedelic medicines to be decriminalized and included again in the pharmacopeia.In June 2023, a group of psychedelic researchers, therapists, bioethicists, Indigenous scholars, and advocates met at the Banbury Conference Center at Cold Spring Harbor Laboratory. There, this interdisciplinary group discussed several pressing ethical issues in psychedelics research and treatment that continue to [End Page 114] challenge the field. The aim of this meeting was to develop a bioethical framework for the use of psychedelics in mainstream medical settings. That is, how should psychedelics be employed responsibly by everyday clinicians, including psychiatrists, psychologists, social workers, and other behavioral health-care providers? This special section offers a sampling of three topics in psychedelic bioethics raised by the Banbury group, several of whom appear as coauthors.In our first paper, Logan Neitzke-Spruill and colleagues offer an overview of explanatory models describing the therapeutic mechanisms of psychedelic substances and how each of these models generates unique ethical quandaries. Starting from molecular biology and moving to neural circuitry and networks, neurobiological models now propel contemporary scientific research into psychedelics. Knowing how these substances work on a molecular level may offer promising ways forward in the development of new molecules designed to treat serious mental illnesses and other neurologic conditions. Perhaps neuroplastic mechanisms will be harnessed to develop new therapies without necessitating a psychedelic trip—a controversial premise discussed in our third paper, by Katherine Cheung, Brian Earp, and David Yaden.Such "neuroreductionism" risks ignoring the subjective psychological and spiritual experiences of patients that appear to be pivotal in psychedelic-assisted therapy, often described as mystical and utterly transformative. At the psychological level, these substances engender a kind of vulnerability and suggestibility requiring clear ethical standards to ensure patients' psychological and physical safety. And so too, practitioners will need structural and cultural competency to recognize the spiritual or moral values that inspire patient reactions during and after their psychedelic experiences. Ethically informed psychedelic practitioners will have to navigate between disciplinary silos and explanatory models. One practical upshot is the open question of how best to train psychedelic practitioners who hold this broad set of competencies.To that end, well-trained practitioners will need to be able to disclose in some way the transformative properties of psychedelics to prepare patients for their experiences. But how does one describe the ineffable? This raises the question of how or if it is possible for patients to truly consent to the transformative experience elicited by psychedelics, often described as one of the most important experiences of a person's life. The experience might stimulate significant emotional healing, or it might be horrifying. This sounds like a problem uniquely attached to psychedelics: after all, most pharmaceuticals don't trigger changes in one's fundamental moral values, life choices, and commitments, nor are they intended to. Yet, Brent Kious, Andrew Peterson, and Amy McGuire challenge the view that the psychedelic experience is uniquely transformative and impervious to the disclosure requirements of informed consent, a bedrock of bioethics. Ultimately, the writers show how consent is possible even if the experiences are dramatically different from most medical interventions, endorsing a practical view of consent [End... (shrink)

Hannah Arendt misrepresented Africans at the same time that she criticized the actions of those who harmed them. Arendt's 1951 work, The Origins of Totalitarianism aimed to show how Hitler's (and Stalin's) practices of totalitarian rule in Europe could be understood in the context of its predecessors, anti-Semitism and imperialism. As a middle stage in her argument, she focussed on the case of the Cape Colony in South Africa. Arendt's study includes: the distinctions she made between colonization and imperialism; her (...) comments on race-thinking and racism; and her evaluation of labor practices, or the lack of labor, among the indigenous Africans, the trekboers, and the gold diggers. While making some valuable points regarding each of these topics, she nevertheless on occasion repeats some of the popular misconceptions regarding Africa. In addition, she advocates a position regarding labor that calls indigenous African practices into question as much as the adventures of the colonizers. (shrink)

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes. In this essay, I bring liberal theory to bear on the question of whether Brazil's treatment of isolated (...) class='Hi'>indigenous tribes is justified. I argue that the current policy actually fails to treat isolated indigenous persons as free and equal. (shrink)

Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals' liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the (...) ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service 'consumers' and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society's most vulnerable citizens in the names of 'justice' and 'treatment'. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field. (shrink)

Background: Fetal alcohol spectrum disorder (FASD), a complex diagnosis that includes a wide range of neurodevelopmental disabilities, results from exposure to alcohol in the womb. FASD remains poorly understood by Canadians, which could contribute to reported stigma faced by both people with FASD and women who drink alcohol while pregnant. Methods: To better understand how information about FASD is presented in the public sphere, we conducted content analysis of 286 articles from ten major English-language Canadian newspapers (2002-2015). We used inductive (...) coding to derive a coding guide from the data, and then iteratively applied identified codes back onto the sample, checking inter-coder reliability. Results: We identified six major themes related to clinical and scientific media content: 1) prevalence of FASD and of women’s alcohol consumption; 2) research related to FASD; 3) diagnosis of FASD; 4) treatment of FASD and maternal substance abuse; 5) primary disabilities associated with FASD; and 6) effects of alcohol exposure during pregnancy. Discussion: Across these six themes, we discuss three instances of ethically consequential exaggeration and misrepresentation: 1) exaggeration about FASD rates in Indigenous communities; 2) contradiction between articles about the effects of prenatal alcohol exposure; and 3) scientifically accurate information that neglects the social context of alcohol use and abuse by women. Respectively, these representations could lead to harmful stereotyped beliefs about Indigenous peoples, might generate confusion about healthy choices during pregnancy, and may unhelpfully inflame debates about sensitive issues surrounding women’s choices. (shrink)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

This article examines the treatment of gender and the woman question in the ongoing Latin American decolonial debate. More specifically, it traces how the Zapatistas and other indigenous movements as well as some of the main mestizo male voices in this debate have endeavored to frame these issues and the criticism they have received from María Lugones and other decolonial feminists. It then points to some of the limitations in Lugones's own approach, and in a final stream of (...) discussion, it explores some of the ways in which these limitations might be surpassed within a decolonial framework that follows closely indigenous ontological thought. (shrink)

Michel Foucault’s _History of Sexuality_ has been one of the most influential books of the last two decades. It has had an enormous impact on cultural studies and work across many disciplines on gender, sexuality, and the body. Bringing a new set of questions to this key work, Ann Laura Stoler examines volume one of _History of Sexuality_ in an unexplored light. She asks why there has been such a muted engagement with this work among students of colonialism for whom (...) issues of sexuality and power are so essential. Why is the colonial context absent from Foucault’s history of a European sexual discourse that for him defined the bourgeois self? In _Race and the Education of Desire, _Stoler challenges Foucault’s tunnel vision of the West and his marginalization of empire. She also argues that this first volume of _History of Sexuality_ contains a suggestive if not studied treatment of race. Drawing on Foucault’s little-known 1976 College de France lectures, Stoler addresses his treatment of the relationship between biopower, bourgeois sexuality, and what he identified as “racisms of the state.” In this critical and historically grounded analysis based on cultural theory and her own extensive research in Dutch and French colonial archives, Stoler suggests how Foucault’s insights have in the past constrained—and in the future may help shape—the ways we trace the genealogies of race. _Race and the Education of Desire_ will revise current notions of the connections between European and colonial historiography and between the European bourgeois order and the colonial treatment of sexuality. Arguing that a history of European nineteenth-century sexuality must also be a history of race, it will change the way we think about Foucault. (shrink)

Using the theft of Indigenous land and territory and the destruction of Indigenous political authorities as an example, this paper examines two theories of territorial rights in relation to their treatment of historical territorial injustices. We apply Simmons’s historical theory of rights over territory, and the occupancy/self-determination theory of territorial rights associated with Moore and Stilz, to three problems: the Continuity Problem, the Particularity Problem, and the Distributive Justice Problem. We argue that the occupancy/self-determination theory is more (...) promising for resolving all three, but that the historical title theory can also be modified to accommodate this insight. (shrink)

This book redraws the intellectual map and sets the agenda in philosophy for the next fifty or so years. By making the theory of signs the dominant theme in Four Ages of Understanding, John Deely has produced a history of philosophy that is innovative, original, and complete. The first full-scale demonstration of the centrality of the theory of signs to the history of philosophy, Four Ages of Understanding provides a new vantage point from which to review and reinterpret the development (...) of intellectual culture at the threshold of "globalization". Deely examines the whole movement of past developments in the history of philosophy in relation to the emergence of contemporary semiotics as the defining moment of Postmodernism. Beginning traditionally with the Pre-Socratic thinkers of early Greece, Deely gives an account of the development of the notion of signs and of the general philosophical problems and themes which give that notion a context through four ages: Ancient philosophy, covering initial Greek thought; the Latin age, philosophy in European civilization from Augustine in the 4th century to Poinsot in the 17th; the Modern period, beginning with Descartes and Locke; and the Postmodern period, beginning with Charles Sanders Peirce and continuing to the present. Reading the complete history of philosophy in light of the theory of the sign allows Deely to address the work of thinkers never before included in a general history, and in particular to overcome the gap between Ockham and Descartes which has characterized the standard treatments heretofore. One of the essential features of the book is the way in which it shows how the theme of signs opens a perspective for seeing the Latin Age from its beginning with Augustine to the work of Poinsot as an indigenous development and organic unity under which all the standard themes of ontology and epistemology find a new resolution and place. A magisterial general history of philosophy, Deely's book provides both a strong background to semiotics and a theoretical unity between philosophy's history and its immediate future. With Four Ages of Understanding Deely sets a new agenda for philosophy as a discipline entering the 21st century. (shrink)

A “sender–receiver” framework based on models developed in several fields can provide a general treatment of communicative and symbolic phenomena, replacing traditional semiotic theories that have failed to live up to the hopes of their advocates. Sender–receiver models have mostly been applied to linguistic behavior, gestures, and other ephemeral interactions between individuals. I look at the application of this framework to enduring artifacts, including pictures, using indigenous rock art in Australia as a case study.

Challenging the basic assumptions of a meat-eating society, Deep Vegetarianism is a spirited and compelling defense of a vegetarian lifestyle. Considering all of the major arguments both for and against vegetarianism and the habits of meat-eaters, vegetarians, and vegans alike, Michael Allen Fox addresses vegetarianism's cultural, historical, and philosophical background; details vegetarianism's impact on one's living and thinking; and relates vegetarianism to classical and recent defenses of the moral status of animals. Demonstrating how a vegetarian diet is related to our (...) awareness of the world and our ethical outlook on life, Fox looks at the different kinds of vegetarian commitments people make and their reasons for making them. In chapters that address such issues as the experiences, emotions, and grounds that are part of choosing vegetarianism, Fox discusses not only good health, animal suffering, and the environmental impacts of meat production, but such issues as the meaning of food, world hunger, religion and spirituality, and, significantly, the links share between vegetarianism and other human rights movements and ideologies, particularly feminism. In an extensive chapter that addresses arguments made by advocates of meat-eating, Fox speaks to claims of humans as natural carnivores, animals as replaceable, and vegetarians as anti-feminist. He also addresses arguments surrounding the eating habits of indigenous peoples, eating free-range animals, and carnivorous behavior among animals. The most complete examination of the vegetarian outlook to date, Deep Vegetarianism reveals the broad range of philosophical views that contribute to such a choice. It recognizes, and calls for, a conscious awareness of -- and an individual responsibility to -- the issues that exist in the moral, political, and social spheres of our existence. With its lively and controversial discussion, Deep Vegetarianism promises to appeal to anyone looking to explore the relationship between dietary choice, lifestyle, the treatment of animals and the environment, and personal ethical responsibility. It will also be particularly useful for students and teachers of moral philosophy, ethics, religion, comparative cultures, ecology, and feminism. (shrink)

During the last 20 years, philosophers from different quarters and with very different approaches have begun to theorize human rights in an outpouring of authored and edited books and journal articles. In addition, among policy makers and in the legal arena—the so called workings fields of human rights—there have been noteworthy investigations of human rights that tackle philosophical issues. In this book, Anat Biletzki brings a systematic approach to the multitudinous philosophical analyses of human rights, offering a cohesive overview and (...) analysis of this diverse but now very active field. She explores both the conceptual and historical treatments of human rights and the roots of its practice and examines its derivation from classical theories of rights all the way to existing uses. The book is "contemporary" in two senses: it investigates the most current human rights issues and it addresses emerging criticism of human rights, now arising in various sectors. A long introduction provides background information on the history of human rights, a synopsis of modern-day documents, and an articulation of basic questions. This is followed by a section on the philosophical groundings of human rights, proceeding from a philosophy of rights, to specific theories of human rights, to the questions of universalism vs. relativism. The third sections focuses on specific philosophical issues in human rights, including cultural relativity, economic rights, women’s rights, group, indigenous, and minority rights, security, and sovereignty and humanitarian intervention. And a final section on critiques of human rights has separate chapters on postmodernism, anti-foundationalism, and human rights discourse and practice. (shrink)

The question of ethics and their role in archaeology has stimulated one of the discipline's liveliest debates. In this collection of essays, first published in 2006, an international team of archaeologists, anthropologists and philosophers explore the ethical issues archaeology needs to address. Marrying the skills and expertise of practitioners from different disciplines, the collection produces interesting insights into many of the ethical dilemmas facing archaeology today. Topics discussed include relations with indigenous peoples; the professional standards and responsibilities of researchers; (...) the role of ethical codes; the notion of value in archaeology; concepts of stewardship and custodianship; the meaning and moral implications of 'heritage'; the question of who 'owns' the past or the interpretation of it; the trade in antiquities; the repatriation of skeletal material; and treatment of the dead. This important collection is essential reading for all those working in the field of archaeology, be they scholar or practitioner. (shrink)

This paper is concerned with the practical importance of different forms of paternalism for educational theory and practice. Contrary to the traditional treatment of paternalism as a sometimes necessary and rather messy aspect of educational practices, I demonstrate that paternalism is to be regarded as an “indigenous concept” of educational theory and as the ‘indigenous model of justification’ that underlies the structure of educational practices. Based on an analysis of the intricate nexus between autonomy-oriented forms of paternalism (...) and educational forms of autonomy-based perfectionism I furthermore argue that a perfectionistically structured conception of autonomy provides a more adequate evaluative framework for justifying autonomy as an educational aim than alternative educational regimes of autonomy can deliver. Finally, I discuss some major theoretical problems of bridging the gap between general ethical principles and their application in practical fields. (shrink)

This pioneering new book suggests how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. Rights: Sociological Perspectives provides a sociological treatment of a wide range of substantive issues but without losing sight of key theoretical questions. It considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech, alongside the rights issues they raise. Similarly, it examines the question of rights from the point (...) of view of distinctive population groups, such as prisoners and victims, women, ethnic minorities, indigenous peoples, and lesbians and gays. It also contains two specifically theoretical chapters, which provide a critical overview of the existing approaches to the construction and implementation of rights. Rights: Sociological Perspectives offers a diverse and detailed exploration of the contribution sociological thought can make to this increasingly important aspect of social life and will be an invaluable aid to students. (shrink)

The Hegel Lectures Series Series Editor: Peter C. Hodgson Hegel's lectures have had as great a historical impact as the works he himself published. Important elements of his system are elaborated only in the lectures, especially those given in Berlin during the last decade of his life. The original editors conflated materials from different sources and dates, obscuring the development and logic of Hegel's thought. The Hegel Lectures series is based on a selection of extant and recently discovered transcripts and (...) manuscripts. The original lecture series are reconstructed so that the structure of Hegel's argument can be followed. Each volume presents an accurate new translation accompanied by an editorial introduction and annotations on the text, which make possible the identification of Hegel's many allusions and sources. Hegel's Lectures on the Philosophy of Religion represent the final and in some ways the decisive element of his entire philosophical system. His conception and execution of the lectures differed significantly on each of the occasions he delivered them, in 1821, 1824, 1827, and 1831. The older editions introduced insoluble problems by conflating these materials into an editorially constructed text. The present volumes establish a critical edition by separating the series of lectures and presenting them as independent units on the basis of a complete re-editing of the sources by Walter Jaeschke. The English translation has been prepared by a team consisting of Robert F. Brown, Peter C. Hodgson, and J. Michael Stewart, with the assistance of H. S. Harris. Now widely recognized as the definitive English edition, it is being reissued by Oxford in the Hegel Lectures Series. The three volumes include editorial introductions, critical annotations on the text, textual variants, and tables, bibliography, and glossary. 'Determinate Religion' comprises Hegel's treatment of world religions, starting with indigeneous or nature religions, moving on to religions of the Far East, the Near East, and the West. What Hegel succeeded in offering is not so much a history as a geography of religions, as demonstrated by the different schematic structures adopted in successive years. (shrink)

The Hegel Lectures Series Series Editor: Peter C. Hodgson Hegel's lectures have had as great a historical impact as the works he himself published. Important elements of his system are elaborated only in the lectures, especially those given in Berlin during the last decade of his life. The original editors conflated materials from different sources and dates, obscuring the development and logic of Hegel's thought. The Hegel Lectures series is based on a selection of extant and recently discovered transcripts and (...) manuscripts. The original lecture series are reconstructed so that the structure of Hegel's argument can be followed. Each volume presents an accurate new translation accompanied by an editorial introduction and annotations on the text, which make possible the identification of Hegel's many allusions and sources. Hegel's Lectures on the Philosophy of Religion represent the final and in some ways the decisive element of his entire philosophical system. His conception and execution of the lectures differed significantly on each of the occasions he delivered them, in 1821, 1824, 1827, and 1831. The older editions introduced insoluble problems by conflating these materials into an editorially constructed text. The present volumes establish a critical edition by separating the series of lectures and presenting them as independent units on the basis of a complete re-editing of the sources by Walter Jaeschke. The English translation has been prepared by a team consisting of Robert F. Brown, Peter C. Hodgson, and J. Michael Stewart, with the assistance of H. S. Harris. Now widely recognized as the definitive English edition, it is being reissued by Oxford in the Hegel Lectures Series. The three volumes include editorial introductions, critical annotations on the text, textual variants, and tables, bibliography, and glossary. 'Determinate Religion' comprises Hegel's treatment of world religions, starting with indigeneous or nature religions, moving on to religions of the Far East, the Near East, and the West. What Hegel succeeded in offering is not so much a history as a geography of religions, as demonstrated by the different schematic structures adopted in successive years. (shrink)

Sonja Plischke’s Die Seleukiden und Iran is an attempt to study Seleucid empire building in Iran. In view of the fact that indigenous written sources from Iran are practically absent, Plischke decided to include Babylonia in this work, since the written cuneiform evidence from that region is fairly abundant. She detects some general tendencies—such as religious policy and the general wish to connect the different parts of the empire—supported by a personal conception of Seleucid kingship, beside more specific (...) class='Hi'>treatment of different regions. In my view, the Seleucids probably did not pay sufficient attention to the East, so that their control weakened. I take the opportunity to discuss the Babylonian sources, correct errors in Plischke’s use of them, and adduce some new publications. (shrink)

It is well recognised that medicine manifests social and cultural values and that the institution of healthcare cannot be structurally disengaged from the sociopolitical processes that create such values. As with many other indigenous peoples, Aboriginal Australians have a lower heath status than the rest of the community and frequently experience the effects of prejudice and racism in many aspects of their lives. In this paper the authors highlight values and ethical convictions that may be held by Aboriginal peoples (...) in order to explore how health practitioners can engage Aboriginal patients in a manner that is more appropriate. In doing so the authors consider how the ethics, values, and beliefs of the dominant white Australian culture have framed the treatment and delivery of services that Aboriginal people receive, and whether sufficient effort has been made to understand or acknowledge the different ethical predispositions that form the traditions and identity of Aboriginal Australia. (shrink)

Their paper begins with the observation that, even though many philosophers, especially in the twentieth century, have had personal experience of exile, they rarely treat the topic of exile directly in their philosophical works. Existentialist thinkers such as Heidegger, it is true, have employed exile as a metaphor for the human condition, yet the concrete experience of political exile has been treated as somehow lacking the universality that canonical philosophy needs. This paper warns against the temptation to conflate the real (...) situation of exile with a general condition of existential unbelongingness. It goes on to trace two major threads in the history of the philosophical treatment of citizenship, the one deriving from Plato and the other from Kant and to explore their relevance to contemporary debate around the moral and legal status of those who seek refuge abroad from war, oppression, or other kinds of threat in their homeland. The Platonic tradition treats citizenship as deriving primarily from association with a land; it views foreigners as having the potential to contaminate the polis and any citizen who spends time away from the polis as likely to betray it. While many features of the Platonic position have not survived to the present, it is noteworthy that, for indigenous peoples in many parts of the world, attachment to the land remains of fundamental importance. At the same time, though migration of many kinds has become extremely common, some individuals and governments in the first world still demonstrate a visceral belief that refugees and immigrants to their country will somehow corrupt or contaminate it. The Kantian position, by contrast, treats citizenship as, ideally at least, cosmopolitan and global. It envisages nation states as moving towards “an enduring and gradually expanding federation likely to prevent war”. Consequently, the stranger seeking refuge abroad from life-threatening persecution in his or her own country has what Kant refers to as a “right of resort” in another country. While Kant argues that we must therefore not show hostility to such people, our obligations to them do not extend to philanthropic hospitality. This assertion of a limited obligation to displaced persons forms the basis for much contemporary discussion around the rights of refugees and migrants. Globalization, of course, has not taken quite the form that Kant envisaged. While the United Nations asserts the universality of human rights, and certain clusters of countries, such as those in Western Europe, have moved towards federation and free internal movement of their citizens, so-called globalization has taken place primarily on the economic, rather than the political, level. The extreme international mobility of investment capital from first-world countries in search of cheap labour is not currently matched by an acceptance within such countries of the rights of third-world citizens to migrate to their shores in search of higher wages and improved living conditions. Finally, this paper offers a critique of both the Platonic and the Kantian positions and argues the need in the modern world for institutional arrangements which represent a variety of interests and struggles across national boundaries. (shrink)

In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced (...) by both providers and users of TMK in China. We find there is a significant gap in literature analysing the phenonmenon of domestic biopolitics concerning TMK in China. Closely connected problem is the contradictory relationship between providers and users of TMK, especially between the indigenous and local communities, and corporate and industrial actors. Therefore, urgent research is needed to fill this literature gap. (shrink)