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"This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance."--Bloomsbury Publishing.

Culture and law. --- Human rights.

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Art and morals. --- Art, Modern --- Art, Modern --- Culture and law. --- Themes, motives --- Themes, motives

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Culture and law --- Law and literature --- Law and culture --- Literature and law --- Culture and law. --- Law and literature. --- Law --- Literature --- General and Others --- Sociology of culture --- Culture et droit --- Droit et littérature --- recht --- law --- cultuur --- culture --- geesteswetenschappen --- humanities --- Social Sciences (General) --- Sociale wetenschappen (algemeen)

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It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them? While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above? Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania? Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.

Indigenous peoples --- Culture and law. --- Folklore --- Material culture --- Intellectual property --- Aboriginal peoples --- Aborigines --- Adivasis --- Indigenous populations --- Native peoples --- Native races --- Ethnology --- Law and culture --- Law --- Folk-lore, American --- Legal status, laws, etc.

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Commercial law --- Culture and law --- Colonies --- Oligarchy --- High technology industries --- Law and legislation --- Law and culture --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Colonial law --- Law, Colonial --- Law --- Political science --- Industries --- Law merchant --- Maritime law --- Colonies - Law and legislation --- High technology industries - Law and legislation - Malaysia