Judicialization of Culture

Keywords: intangible cultural heritage, traditional cultures, copyright, intellectual property law, judicialization

Abstract

Traditional cultures and intangible cultural heritage are undergoing a process of judicialization. Various social and cultural phenomena, such as traditions and tangible or intangible expressions, are increasingly viewed as also having a judicial nature and being redefined in legal discourses. However, a legal definition always implies a position of power, one which may ultimately influence the very substance that the law aims to protect and safeguard. Therefore, judicialization should always be a dialogical process involving legal and cultural expertise, but various cultural stakeholders as well.

Section
Commentaries
Published
Jun 25, 2020
How to Cite
Mattila, T. (2020). Judicialization of Culture. Ethnologia Fennica, 47(1), 81-90. https://doi.org/10.23991/ef.v47i1.89769