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3 - Cultural Heritage Law: Introduction

Published online by Cambridge University Press:  05 June 2012

James A. R. Nafziger
Affiliation:
Willamette University, Oregon
Robert Kirkwood Paterson
Affiliation:
University of British Columbia, Vancouver
Alison Dundes Renteln
Affiliation:
University of Southern California
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Summary

The Definitional Framework

Broadly speaking, the term “cultural heritage” refers to all of the myriad manifestations of culture that human beings have inherited from their forebears. These manifestations include, for example, art, architecture, rural and urban landscapes, crafts, music, language, literature, film, documentary and digital records, folklore and oral history, culinary traditions, traditional medicine, ceremonies and rituals, religion, sports and games, recreational practices such as hunting and fishing, and dance and other performing arts. In a narrower sense, however, the term “cultural heritage” is often limited to tangible or material objects – essentially, cultural material or objects – and intangible ideas related to such objects. We commonly associate this narrower definition with the legal concept of property whether we are referring to physical or intellectual property. Accordingly, the terms “cultural property” and “cultural heritage” sometimes are used interchangeably. Strictly speaking, however, the term “property” connotes ownership and imputes rights to owners and possessors of objects.

The multiple meanings of the term “cultural heritage” may lead to confusion, as is apparent in diverse efforts not only to protect culture itself but also to enhance its meaning in people's lives. Difficult questions arise that may challenge presumed values. Take three examples.

Type
Chapter
Information
Cultural Law
International, Comparative, and Indigenous
, pp. 206 - 251
Publisher: Cambridge University Press
Print publication year: 2010

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