[governance] Inputs for synthesis paper

[Milton L Mueller]

________________________________

	From: Ian Peter [mailto:ian.peter at ianpeter.com] 
	Sent: Monday, September 08, 2008 3:42 PM
	To: governance at lists.cpsr.org
	Subject: RE: [governance] Inputs for synthesis paper
	
	

	 

	So womens rights is a collective right? Indigenous land rights
is a collective right?  

	 

	No, unless you believe that the rights of woman are completely
different from the rights of men. In other words, patriarchal (or
matriarchal) societies that assign superior or different rights based on
gender believe in collective rights. Liberal societies that afford men,
women and the transgendered equal rights based ontheir status as
individuals are based on individual rights. So now tell me where you
count yourself.  ;-)

	 

	Indigenous land rights are more complicated. An individualist
approach would certainly recognize the ability of groups (e.g., publicly
owned corporations or even political communities) to own land, but see
these as extensions of individual rights (as Tapani pointed out).
However, the property rights of a very different culture may not be
recognizable to a modern legal regime, and vice-versa, and so it may be
better to handle those situations as a kind of special sovereignty.
However, a collectivist approach to property rights can just as easily
work against indigenous minorities as for them. I am sure you know the
history.  

	 

	But for the sake of this submission, we obviously need to
reflect differing opinions. Can't we find a simple way forward here?
Isn't it as simple as a statement such as "while differing opinions on
individual and collective rights exist" within the context of the
general request, which is to make rights a main theme for Cairo? (which
doesn't seem to be disputed)

	 

	That's what I thought my original edit did. I'd be happy to
delete the line about how state-provided internet access might be used
to violate other rights, even though I think the point is true and
salient, I recognize that it may be a bit too in-your-face. 

	 

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