Judicialization of Culture
Keywords:
intangible cultural heritage, traditional cultures, copyright, intellectual property law, judicializationAbstract
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.
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