Judicialization of Culture

Authors

• Tuomas Mattila University of Helsinki https://orcid.org/0000-0001-8396-4777

DOI: https://doi.org/10.23991/ef.v47i1.89769

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.