property

Science, property, and kinship in repatriation debates. Museum Anthropology 34(2): 91-96, 2011.

A striking feature of debates concerning the disposition of Native American human remains is their invocation of the conventional domains of science, property, and kinship. Strong political claims about repatriation tend to assert the primacy of one domain over the others. Yet in contemporary North American social contexts, these domains have heterarchical relations in which no single perspective dominates,rather than hierarchical relations organized by a fixed ranking system. Resolving disputes in heterarchical systems requires negotiation across domains rather than privileging one domain. This comment examines how the relationships between these domains influence debates on repatriation. It also sheds light on how Americans make political claims. 

 

Property limits: Debates on the body, nature, and culture. In Transactions and creations: Property debates and the stimulus of Melanesia, eds. Eric Hirsch and Marilyn, Strathern, pps. 21-39. Oxford: Berghahn, 2004.  

 

Lost worlds: Environmental disaster, ‘cultural loss’ and the law. Current Anthropology 42(2):167-198, 2001. 

Indigenous claims about “culture loss” pose a problem for contemporary definitions of culture as a process that continually undergoes change rather than something which can be damaged or lost. This issue is examined in the context of hearings at the Nuclear Claims Tribunal in the Marshall Islands, which was established to adjudicate claims regarding damage and loss to persons and property resulting from United States nuclear weapons testing during the 1940s and ’50s. The concept of cultural property rights is used to identify the referents of discourse about culture loss, including local knowledge, subsistence production, and connections to place. The problems caused by the taking of inalienable possessions are also considered. At issue is whether indigenous relationships to land are of ownership, belonging, or both. The definition and significance of culture and loss are increasingly debated in legal contexts ranging from tribunals and truth commissions to land rights hearings and heritage legislation around the world.

 

Property effects: Social networks and compensation claims in Melanesia. Social Anthropology 9(2):147-163, 2001. 

This paper compares social networks mobilised through claims of ownership in Euro-American and Melanesian contexts. It addresses the debate between Strathern (1996) and Latour (1993) regarding the length of networks formed in these societies. Examples are drawn from compensation claims against the Lihir gold mine in Papua New Guinea. The paper also considers Pietz (1997) discussion of nineteenth-century British laws relating to compensation. The aim of the paper is to examine the effects of ownership strategies on other social categories and practices, including competing assessments of the environmental impacts of mining and the value of human life.

 

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