Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (5)
- Ethics and Political Philosophy (4)
- Philosophy (4)
- Indigenous Studies (2)
- Political Science (2)
-
- Race, Ethnicity and Post-Colonial Studies (2)
- Communication (1)
- Communication Technology and New Media (1)
- Feminist, Gender, and Sexuality Studies (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- Internet Law (1)
- Legal Studies (1)
- Legal Theory (1)
- Medical Jurisprudence (1)
- Medicine and Health (1)
- Military, War, and Peace (1)
- Political Theory (1)
- Sociology (1)
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Law
Self-Determination, Subordination, And Semantics: Rhetorical And Real-World Conflicts Over The Human Rights Of Indigenous Women, Sam Grey
Sam Grey
Indigenous women have long been engaged in unambiguous advocacy for a human rights-based approach to gender injustice in their communities and nations. Indigenous nations, for their part, have repeatedly and passionately posited collective human rights as necessary for the protection of cultural distinction. These projects should be reconcilable – but this reconciliation requires the political will to critically engage with historical and contemporary colonialism, and to address the internalization of patriarchy and sexism in Indigenous societies today. With such a will in place, it becomes possible to operationalize a single Indigenous ‘self-determination’ project grounded in human rights, one that sees …
Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey
Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey
Sam Grey
Despite decades of clinical research being carried out in the 'developing' world, neither the socio-political and economic context of the global South, nor the nature and historical trajectory of global inequality have played a substantive role in determining the nature and extent of North-to-South bioethical obligations. Instead, context has been used to vacate obligation, shut out theories of justice, and collapse the “four principles' of bioethics” – sacrosanct in the 'developed’ world - into a singular, non-negotiable focus on autonomy as a procedurally-defined right. Proponents of a minimum-standards system of international clinical research conflate scientific, statistical, economic, and ethical issues, …
In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey
In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey
Sam Grey
Just War Theory asserts that armed conflict can be fought in a way that safeguards moral and legal norms while responding to pragmatic/military imperatives. One of the ways in which it seeks to safeguard justice is through specific provisions for the immunity of, and due care for, the vulnerable and innocent. Unfortunately, two doctrines within Just War Theory – the Doctrine of Double Effect and the Doctrine of Supreme Emergency – suspend or vacate these provisions. The net effect is to render justifications inaccessible, leaving only excuses, the use of which establishes that no one is truly accountable, no meaningful …
Tradition, Tech, And Transformation: Information Technologies And The Intellectual Property Of Indigenous Peoples, Sam Grey
Sam Grey
Changes brought about by the globalization of laws and markets, and the geometric expansion of technological innovation, make intellectual property issues nebulous and mercurial, to the point that keeping pace with changes in the field is a full-time pursuit requiring a high degree of skill and dedication. For nations-within-nations, as is the status of most Native groups worldwide, intellectual property presents a particularly difficult legal and political problem, as indeed intellectual property rights (IPR) regimes challenge the sovereignty of even the strongest and most 'modern' of nation-states. Authorities on the protection of traditional knowledge (TK), resources, and cultural expressions assert …
Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey
Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey
Sam Grey
While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …
Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey
Sam Grey
This article uses the stalled Draft Declaration on the Rights of Indigenous Peoples as the impetus for an examination of arguments championing and opposing the framing of Indigenous rights as human rights. Failings both theoretical and practical – in the conceptualisation, promulgation and interpretation of human rights – have long left Aboriginal peoples at a disadvantage. The dual focus of Indigenous claims is unique in the rights lexicon, asserting the right to be simultaneously different from and equal to the majority population. Yet Indigenous rights are often perceived, by governments with the power to block their progress, as a threat …