Property as Ontology: On Aboriginal and English Understandings of Ownership

2000 ◽  
Vol 13 (1) ◽  
pp. 3-31 ◽  
Author(s):  
Bradley Bryan

A critical knowledge of the evolution of the idea of property would embody, in some respects, the most remarkable portion of mental history of mankind.– L.H. MorganNow you try and say what is involved in seeing something as something. It is not easy.– Ludwig WittgensteinIn this paper I argue that a comparison of English and Aboriginal conceptions of property yields insight into the ontologically specific grounds that inform institutionalized socio-cultural practices like property. Where the foundations of English conceptions of property are highly rationalistic, Aboriginal conceptions eschew categorization and are indicative of a highly nuanced and different way of understanding the worldliness of a human being. As such, a comparison of such conceptions becomes not simply a comparison of ways of owning and possessing, but a cross-cultural comparison of ways of relating to the world at large for what are ostensibly economic purposes.To argue this is to assume that there is much more going on within culture that is determinative of ways of being than to simply assume that all cultures share universal cultural traits. In this paper I therefore discuss some of the philosophical foundations that underlie Western conceptions of the human’s relation to the world as embodied in principles of property law, as well as looking at the philosophical significance of that view. I also look at the way various Aboriginal peoples in Canada understand their own relationship to the world-at-large as it is expressed in what they understand as the property regimes of their society.

2021 ◽  
pp. 089692052110441
Author(s):  
Eran Fisher

This article explores the ontology of personal knowledge that algorithms on digital media create by locating it on two axes: historical and theoretical. Digital platforms continue a long history of epistemic media—media forms and practices, which not only communicate knowledge, but also create knowledge. As epistemic media allowed a new way to know the world, they also facilitated a new way of knowing the self. This historical perspective also underscores a key difference of digital platforms from previous epistemic media: their exclusion of self-reflection from the creation of knowledge about the self. To evaluate the ramifications of that omission, I use Habermas’s theory of knowledge, which distinguishes critical knowledge from other types of knowledge, and sees it as corresponding with a human interest in emancipation. Critical knowledge about the self, as exemplified by psychoanalysis, must involve self-reflection. As the self gains critical knowledge, deciphering the conditions under which positivist and hermeneutic knowledges are valid, it is also able to transform them and expand its realm of freedom, or subjectivity. As digital media subverts this process by demoting self-reflection, it also undermines subjectivity.


2020 ◽  
Vol 8 ◽  
pp. 95-108
Author(s):  
Álvaro Luis López Limón ◽  
Elena Zhizhko ◽  
Laura Gemma Flores García

This work constitutes a historical-pedagogical reflection focusing on the philosophical foundations of Jesuit pedagogy or education for peace through the thought of Francisco Javier Clavijero, in particular, his works Ancient History of Mexico and Particular Physics. The authors studying Clavijero found that his thought included the following foundations of education for peace: eclectic attitude expressed in a search for the reconciliation of modernity with tradition; the use of verisimilitude as a criterion of knowledge in the process of adjustment to the truth within the philosophy of nature and history; and a belief in the knowledge of the different philosophical systems, in which the truth is found. According to Clavijero, education, at first, represents means or a pretext to refute the insults of European philosophers concerning the supposed inferiority of Mexicans, based on the reason. Education could be understood as the principle on which a political-social system is based, in this case of the society of ancient Mexicans. Education is the resource that enables the transmission of laws and customs, in short, a worldview of the world, which can be understood in terms more typical of culture.


2021 ◽  
Vol 31 ◽  
pp. 159-164
Author(s):  
Judyta Kuznik

This article focuses on the book Het andere postkoloniale oog, edited by Michiel van Kempen and published in 2020 by the publishing house Verloren. This book had the goal to present never before mentioned aspects of the colonial history of the Netherlands and its influence on cultural practices of the colonised cultures within the last four centuries. Because of the numerous contributions amassed there, the article discusses in depth only a few. These contributions distinguished themselves either through an original academic approach to the topic or the positioning with regard to postcolonial theories usage. The first part of this book involves the need for the re-evaluation of the Dutch colonial history in many parts of the world, to name Suriname as an example. This re-evaluation is highly relevant, as is comes in a time when recent social movements push the mostly unknown parts of the Dutch colonial history into the spotlight. In the second part, this is followed by an attempt to answer the question whether postcolonial theories are essential for the writing bound to the colonial history of the Dutch. As is shown by some contributions, postcolonial theories can stimulate new discussions, especially in cases which do not fit the existing theoretical schemes. And yet, it seems that they are not crucial in discussions about the influence between colonised cultures, though their use might prove fruitful. The article closes with an evaluation of the analysed texts.


This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.


2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kosheek Sewchurran ◽  
Lester Merlin Davids ◽  
Jennifer McDonogh ◽  
Camille Meyer

Purpose In the African context of business practice, the authors face two interrelated challenges. First, executives need to deal strategically and sustainably with growing levels of inequality, under-employment and declining levels of wellness and safety. Second, executive development needs to develop virtues to help executives to address these problems. This paper aims to articulate an integrated, sustainable business education approach that aims to prepare executives to practice integrative thinking while simultaneously cultivating virtues that enhance their lives, thereby enabling them to make ongoing sustainable impacts to their worlds. Design/methodology/approach This study uses a mixed method analysis including both quantitative and qualitative data from student course feedback evaluations from Business Model Innovation (BMI) and Phronesis Development Practice courses run over four consecutive years between 2018 and 2021 at the University of Cape Town’s Graduate School of Business as part of the Executive Masters of Business Administration degree. Findings The program’s pedagogical approach integrates a philosophical habituation process with a core course on BMI practice. This philosophical integration is one in which there is a sustainable focus on cultivating specific “process” and “practice” virtues which foster awareness amongst executives of their everyday mundane skilful coping in the world. This leads to candidates becoming attuned to ways, in which they can strive for more authenticity and to step into newer ways of being, that allow them to reflect their values and evolve cultural practices. Originality/value As the first business school in Africa to base a BMI course on the affordances of the phenomenon of being-in-the-world and a philosophical habituation process, the authors hope to inspire more business schools to adopt holistic, sustainable approaches to executive development that goes beyond the competence paradigm.


2012 ◽  
Vol 14 (1) ◽  
pp. 33-61
Author(s):  
Barbara K. Woodward

Abstract Non-State actors (NSAs), including business and industry non-governmental organizations (NGOs), lawyers’ NGOs and executives of multinational corporations, have played important roles in shaping international law regulating legal monopolies of intangible interests as intellectual property (IP) rights (IPR). The two global IPR regimes (GIPRRs), the World Intellectual Property Organisation (WIPO) and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), have emphasized protection of such interests. Civil society NGOs (CS-NGOs) have increasingly engaged with these institutions, adding new dimensions to IP discourse. This paper investigates NSA involvement in developing the concept of IP and the GIPRRs themselves and contemporary NSA participatory rights and practices in both regimes. It offers a normative analysis of the future outlook of NSA influence, including potential impacts of increasing CS-NGO participation, assimilation of UN values, and influence of the history of IPR on the development and applicability of the concept of ‘public participation’ to the GIPRRs.


wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 199-211
Author(s):  
Roman ROMASHOV ◽  
Victor KOVALEV ◽  
Elena RAKOVA

The article deals with a problem of correlation between the evolution of the main ideas pattern, philosophical foundations of the intellectual life of age and historical state-law systems. The method is a cyclic conception of history, according to which on every round of historical processes, the framework of state-law system development was formed by the main ideas presumption about space, time, the mul­tiplicity of the world and so on. According to it, authors argue that the existence of some milestones in the history of ideas gives us an opportunity to highlight some phases of the state-law system evolution, such as temple-state with its mythological space and cyclic time; polis state, which emerged from rationalization and understanding the world is multiple; medieval theological state with its dualism and teleological history conception; modern state based on separation of abstract conceptions such as nation and their embodiment.


2021 ◽  
Author(s):  
Stephanie O'Rourke

Can we really trust the things our bodies tell us about the world? This work reveals how deeply intertwined cultural practices of art and science questioned the authority of the human body in the late eighteenth and early nineteenth centuries. Focusing on Henry Fuseli, Anne-Louis Girodet and Philippe de Loutherbourg, it argues that romantic artworks participated in a widespread crisis concerning the body as a source of reliable scientific knowledge. Rarely discussed sources and new archival material illuminate how artists drew upon contemporary sciences and inverted them, undermining their founding empiricist principles. The result is an alternative history of romantic visual culture that is deeply embroiled in controversies around electricity, mesmerism, physiognomy and other popular sciences. This volume reorients conventional accounts of romanticism and some of its most important artworks, while also putting forward a new model for the kinds of questions that we can ask about them.


Author(s):  
Marcelo José Doro ◽  
Cláudio Almir Dalbosco ◽  
Raísla Girardi Rodrigues

This article presents the results of a hermeneutical investigation on the constant etymological incursions performed by Heidegger throughout his works. We will try to show, first, how the recovery of the history of words promoted by the philosopher is associated with a way of understanding and doing philosophy, which he called destruction (Destruktion) of tradition; then we will explore the pedagogical-educational character that underlies this way of dealing with history and, more specifically, with language. We will argue in favor of the idea that by means of this way of proceeding, in this peculiar way for which Heidegger does philosophy, the loosening of dogmatic structures of interpretation of self and of the world is opportunistic and opens up for new possibilities of articulation of meaning (that is, projection of self and of the world as a whole). In the educational context, this destructive posture would have the important role of breaking both with dogmatic attitudes arising from immediate daily life and with metaphysical ideals linked to theoretical positions, both of which are opposed to the plurality of ways of being in today's society.


This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory.


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