Washington Law Review Volume 87 Number 4 12-1-2012 Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights Rebecca Tsosie Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Human Rights Law Commons, and the Indian and Aboriginal Law Commons Recommended Citation Rebecca Tsosie, Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights, 87 Wash. L. Rev. 1133 (2012). Available at: https://digitalcommons.law.uw.edu/wlr/vol87/iss4/5 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact
[email protected]. 07 - Tsosie Article.docx (Do Not Delete) 12/7/2012 7:38 PM INDIGENOUS PEOPLES AND EPISTEMIC INJUSTICE: SCIENCE, ETHICS, AND HUMAN RIGHTS Rebecca Tsosie Abstract: This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker’s account of “epistemic injustice” to show how indigenous peoples have been harmed by the domestic legal system and the policies that guide the implementation of the law in those three arenas. Professor Tsosie argues that the theme of “discovery,” which is pivotal to scientific inquiry, has governed the violation of indigenous peoples’ human rights since the colonial era. Today, science policy is overtly “neutral,” but it may still be utilized to the disadvantage of indigenous peoples.