Do communitarian values justify Papua New Guinean and/or Fijian systems of land tenure?
Communitarians have alleged a connection between according specialrights to community groupings and preserving the indigenous cultureand the social cohesion of the original community. This paperconcentrates upon special group rights associated with land tenurenow maintained by Fijian Mataqali and traditional land owninggroups in Papua New Guinea. The first section of the paper assessesand compares the social consequences of each of these systems withspecial attention to the preservation of traditional culture.However, in the case of Fiji, it is undeniable that the mataqaliland tenure system has given indigenous Fijians politicaladvantages over non-indigenous Fijians, most specifically theFijian Indians. Though special land rights can possibly bejustified on the grounds of cultural preservation, their existencedoes raise this further issue of fairness. Moral considerations basedupon the territorial sovereignty of indigenous nations, rather thancommunitarian arguments, may offer a more convincing justificationof the advantages of indigenous Fijians.
Spheres of justice : a defense of pluralism and equality
* Complex Equality * Membership * Security and Welfare * Money and Commodities * Office * Hard Work * Free Time * Education * Kinship and Love * Divine Grace * Recognition * Political Power * Tyrannies and Just Societies
Criminal prosecution for prenatal injury.
A case of maternal assault resulted in fetomaternal hemorrhage and subsequent neonatal death, leading to a verdict of criminally negligent homicide against the assailant