abstract Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid — especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on (...) the question of whether artefacts should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. (shrink)

abstract In a number of contexts one comes across the suggestion that cultures are collective owners of cultural property, such as particularly significant works of art. Indigenous peoples are often held to be collective owners of cultural property, but they are not the only ones. Icelandic culture is said to have a claim on the Flatejarbók and Greek culture is held to own the Parthenon Marbles. In this paper I investigate the conditions under which a culture (...) is the rightful owner of cultural property. I argue against the claims that cultures inherit cultural property. I also argue that a culture's claim to own cultural property is seldom, if ever, founded on either practices employed in the culture or collective production of cultural property. I maintain, however, that the very value of cultural property for some culture can, in some instances, provide the basis for the culture's claim on the property. (shrink)

Jorge Valadez’s important contribution to political theory in general, and multicultural citizenship in particular, is assessed from the standpoint of the duplicitous role ‘culture’ plays in contemporary political theory. After underscoring its virtues, the essay turns to a discussion of three major concerns that the book raises: its negativistic view of the culture of the oppressed; its anachronistic proposal about universal property rights; and the way the author might have to revise its view of the ethnogroups in order to (...) deal appropriately with Latinos in the USA. (shrink)

This article offers a critical examination of the travel diaries written by Gershom Scholem (1897–1982), a well-known pioneer scholar of Jewish mysticism and a professor at the Hebrew University of Jerusalem. In 1946, Scholem was sent to Prague on behalf of the Hebrew University to retrieve the Nazi-looted Jewish libraries from Czechoslovakia to Palestine. In recent years, at the same time as a significant rise of scholarly interest in the fate of the plundered Jewish books and manuscripts, Scholem’s accounts have (...) come to serve as a main source of information on the Jewish cultural property in the Bohemian lands. Where most of the currently available studies take his description of the Czechoslovak restitution affairs almost for granted, this article seeks to adopt a more distant approach to these materials, by undertaking a comparison with the documentation produced by the local Jewish bodies and the archival sources of the Czechoslovak authorities responsible for the management of Jewish assets. Zooming in on the encounter between Scholem and the leaders of the Jewish community in Prague, the paper points especially to the multiple misunderstandings that arose between the two parties during his visit. It then explores the difference between his and the Prague protagonists’ perspectives on the Nazi-looted Jewish cultural property. (shrink)

Since the 1970s, anthropologists have moved into diverse workplaces, including private and public settings, that raise new issues for anthropology as a discipline as well as for the discourse on science more generally. In the context of increasing globalization, the articulation of new ethical dilemmas around such issues as technology, indigenous knowledge and rights, government regulation and bioethics among others, can and do inform and shape scientific public policy. The authors in this volume work in traditional research centres and universities, (...) as well as in private and public sectors, and across specialties from medical anthropology and social medicine to archaeology and cyberspace. They explore the dimensions of an ethical anthropology in today's world, and the unique contribution of anthropology to the sciences. (shrink)

Name der Zeitschrift: Naharaim Jahrgang: 9 Heft: 1-2 Seiten: 48-72.

Nach einer Einführung zur Schutzentwicklung und Begriffsbestimmung befasst sich die Arbeit mit internationalen und europäischen Maßnahmen, um einen Überblick über die aktuellen Instrumente und Regelungsmöglichkeiten zum Kulturgüterschutz zu gewinnen. Die Analyse der Rechtslage zum Kulturgüterschutz in der Bundesrepublik Deutschland - insbesondere im Hinblick auf die Umsetzung der Unesco-Konvention von 1970 - schließt sich an, wobei sich zeigt, dass diese noch eine Reihe von schwerwiegenden Mängeln aufweist. Ein Ausblick auf künftige Entwicklungen im Rahmen des internationalen Kulturgüterschutzes rundet die Arbeit ab.

Name der Zeitschrift: Naharaim Jahrgang: 9 Heft: 1-2 Seiten: 25-47.

Intangible cultural heritage is an invaluable treasure for human being and China is a country endowed with rich ICH. Among all the measures of safeguarding ICH, intellectual property tools are effective while controversial. As China started relatively late in the legal protection of ICH, the gap between legislation and judiciary needs to be filled in. This study examines the IP protection of ICH in China based on the current laws and regulations and then provides a semiotic approach to (...) the relevant legal evolution in China. This study, taking in some experiences outside China, goes further to provide recommendations for improving the IP protection in China. (shrink)

Background and aimThe postpartum depression literacy of perinatal women is closely related to the occurrence, recognition, and treatment of postpartum depression, therefore valid instruments for evaluating the level of PoDLi are of great significance for both research and clinical practice. This study aimed to cross-culturally adapt the postpartum depression literacy scale into Chinese and to test its psychometric properties among Chinese perinatal women.Materials and methodsA cross-sectional study was conducted from April to May 2022 in a tertiary hospital in Hangzhou, Zhejiang (...) Province, China. 619 out of the 650 perinatal women that were approached via a convenience sampling method completed the Chinese version of the PoDLiS. Content validity [the content validity index of items and scale-level content validity index ] was evaluated by an expert panel. Psychometric properties, including item analysis, structure validity, convergent and discriminant validity, reliability, criterion validity, and floor/ceiling effect were examined.ResultsThe final version of C-PoDLiS is a six-factor structure consisting of 27 items, which explained 61.00% of the total variance. Adequate content validity was ensured by the expert panel. The modified confirmatory factor analysis model revealed that the 6-factor model fitted the data well. The total Cronbach’s α was 0.862, the total McDonald’s ω was 0.869, and the test-retest reliability coefficient was 0.856. Results of convergent validity and discriminant validity provided good or acceptable psychometric support. Significant correlations between scores of the C-PoDLiS and Mental health literacy scale and Attitudes toward seeking professional psychological help short form scale supported good concurrent and predictive validity, respectively. No floor/ceiling effect was found.ConclusionThe C-PoDLiS was demonstrated to be a sound instrument with good reliability and validity for evaluating Chinese perinatal women’s PoDLi levels. Its use in the future can facilitate data aggregation and outcome comparisons across different studies on this topic. (shrink)

From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease (...) out the conflicts between intellectual property laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

Science is critical and thrives on discourse. However, new challenges for science and academic freedom have arisen from an often-discussed cancel culture and an increasing demand for safe spaces, which are justified by their assumed protection against microaggressions. These phenomena can impede scientific progress and innovation by prohibiting certain thought processes and heterodox ideas that eventually result in new ideas, publications, statements, etc. In this paper, we use the approach of property rights ethics to shed light on these phenomena, (...) especially in academia. First, we argue that microaggressions must be generally tolerated according to property rights ethics as the starting point for discussion. Then, we analyze cancel culture and safe spaces in academia. To this end, we distinguish between two basic cases in the educational system. We show that cancel culture and safe spaces seem justifiable in a private education system but have no place in public, tax-funded universities from the perspective of property ethics. Our essay contributes, on the one hand, to the economic analysis of science and, on the other hand, to the ethical study of new phenomena in modern societies. (shrink)

This paper investigates the semantic bases of class membership in the noun class system of Gújjolaay Eegimaa (Eegimaa henceforth), a Niger-Congo and Atlantic language of the BAK group spoken in Southern Senegal. The question of whether semantic principles underlie the overt classification of nouns in Niger-Congo languages is a controversial one. There is a common perception of Niger-Congo noun class systems as being mainly semantically arbitrary. The goal of the present paper is to show that physical properties and culture-specific factors (...) are central principles of semantic categorisation in the Eegimaa noun class system. I argue that the Eegimaa overt grammatical classification of nouns into classes is a semantic categorisation system whereby categories are structured according to prototypicality, family resemblance, metaphorical and metonymic extensions and chaining processes, as argued within the framework of Cognitive Linguistics. I show that the categorisation of entities in the Eegimaa nominal classification system productively makes use of physical properties such as shape as well as using culture-specific, less productive parameters for the semantic categorisation of entities denoted by nouns. The analysis proposed here also shows that the cases of multiple morphosyntactic classifications of nouns reflect multiple conceptual categorisation strategies. A detailed examination of the formal and semantic instances of multiple classification reveals the existence of conceptual correlations between the physical properties and the culture-specific semantic parameters of categorisation used in the Eegimaa noun class system. (shrink)

This article takes up Marilyn Strathern’s formulation of a law/culture ‘duplex’ – her term for the complementarity of anthropology and law as means to each other’s ends. She draws attention to the limitations of the duplex, and urges us to consider ethnography as (in part) a project of unwinding its entwinement. As a step toward that end, the article returns to classic texts by Emile Durkheim and Bronislaw Malinowski – texts that were foundational to the emergence of anthropology, and to (...) the establishment of law as an object of study for the social sciences. Re-read in light of Strathern’s insight, what has been widely taken as their relativism emerges instead as their defense of political community as a subject for ethnography, and (accordingly) the basis for a theoretical check on law conceived globally – within states or as colonial overrule. The article concludes with a discussion of the contemporary relevance of that position. (shrink)

The Anxiety-Buffering Properties of Cultural and Subcultural Worldviews: Terror Management Processes among Juvenile Delinquents Terror management research indicates that people reminded of mortality strongly affirm values and standards consistent with their cultural worldview and distance themselves from values and standards inconsistent with it. However, limited research has addressed how individuals holding beliefs inconsistent with the dominant worldview cope with death-related anxiety. The present article aims to determine which worldview subcultural groups rely on when reminded of mortality: mainstream or (...) subcultural? Juvenile delinquents living in residential reformatories in Poland were invited to participate in a terror management study examining the anxiety-buffering strategies of individuals belonging to a group largely outside mainstream culture. Following reminders of mortality, juvenile delinquents increased support for values consistent with the mainstream cultural worldview and decreased support for values consistent with the subcultural worldview, as compared to control conditions. The present results suggest that when faced with existential threat, the subcultural worldview does not provide an adequate anxiety buffer, leading members of this subcultural group to display increased identification with mainstream cultural values. Additionally, participants' state anxiety following death reminders was mediated by mainstream cultural worldview defense. (shrink)

Analyzes twentieth-century media and cultural theories as they relate to changes in political economy, communication technology, popular culture and collective consciousness in the United States. It argues that much of contemporary media environment is operating as Western capitalist media have for more than a century, making these theories more relevant than ever.

Philosophy & Social Criticism, Ahead of Print. What is cultural ‘appropriation’? What is cultural ‘appreciation’? Whatever the complex answer to this question, cultural appropriation is commonly defined as ‘the taking of something produced by members of one culture by members of another’, whilst appreciation is typically understood as mere ‘exploration’: ‘Appreciation explores whatever is there’. These provisional definitions suggest that there is an in-principle distinction between the two concepts that presupposes the following: what is appreciated is already (...) available; what is appropriated was, prior to its being taken, not already there or available. Moreover, perhaps appreciation, when contrasted to appropriation, is unproblematic precisely due to this basic difference. In this paper, we argue that the exclusive disjunction – appropriation or appreciation – rests on a false distinction between the two. We also show that this distinction presupposes a false normative principle that to the extent that x is appreciation rather than appropriation, then x is not – relevant to this issue – a wrong. Against these presuppositions, we defend the view that appropriation is already built into appreciation. This does not mean that we cannot ask questions of appreciation, but that questions of appreciation do not preclude the problematics of appropriation. (shrink)

What is cultural ‘appropriation’? What is cultural ‘appreciation’? Whatever the complex answer to this question, cultural appropriation is commonly defined as ‘the taking of something produced by members of one culture by members of another’ (Young 2005: 136), whilst appreciation is typically understood as mere ‘exploration’: ‘Appreciation explores whatever is there’. (Gracyk 2007: 112). These provisional definitions suggest that there is an in-principle distinction between the two concepts that presupposes the following: what is appreciated is already available; (...) what is appropriated was, prior to its being taken, not already there or available. Moreover, perhaps appreciation, when contrasted to appropriation, is unproblematic precisely due to this basic difference. In this paper, we argue that the exclusive disjunction – appropriation or appreciation – rests on a false distinction between the two. We also show that this distinction presupposes a false normative principle that to the extent that x is appreciation rather than appropriation, then x is not – relevant to this issue – a wrong. Against these presuppositions, we defend the view that appropriation is already built into appreciation. This does not mean that we cannot ask questions of appreciation, but that questions of appreciation do not preclude the problematics of appropriation. (shrink)

The present study aims to assess the restriction of private ownership on the cultural-historical property based on the public interest and evaluate how this restriction is explained and what restrictions the cultural heritage rules and regulations impose on the private ownership. The present descriptive and analytical study seeks to examine the above-mentioned questions using the library method. Based on the results, statute law has defined a large number of restrictions for the owner including the owner restriction in (...) the obligation to declare, implement protection plans, as well as sale and transfer of the cultural-historical property. Theories such as public interest are considered as the basis for the restriction of ownership on historical-cultural property. (shrink)

Background:Ethical issues pose challenges for nurses who are increasingly caring for patients in complicated situations. Ethical sensitivity is a prerequisite for nurses to make decisions in the best interest of their patients in daily practice. Currently, there is no tool for assessing ethical sensitivity in Chinese language, and no empirical studies of ethical sensitivity among Chinese nurses.Research objectives:The study was conducted to translate the Moral Sensitivity Questionnaire–Revised Version (MSQ-R) into Chinese and establish the psychometric properties of the Moral Sensitivity Questionnaire–Revised (...) Version into Chinese (MSQ-R-CV).Research design:This research was a methodological and descriptive study.Participants and research context:MSQ-R was translated into Chinese using Brislin’s model, and the Translation Validity Index was evaluated. MSQ-R-CV was then distributed along with a demographic questionnaire to 360 nurses working at tertiary and municipal hospitals in Changsha, China.Ethical considerations:This study was approved by the Institutional Review Boards of Yale University and Central South University.Findings:MSQ-R-CV achieved Cronbach’s alpha 0.82, Spearman-Brown coefficient 0.75, significant item discrimination (p < 0.001), and item-total correlation values ranging from 0.524 to 0.717. A two-factor structure was illustrated by exploratory factor analysis, and further confirmed by confirmatory factor analysis. Chinese nurses had a mean total score of 40.22 ± 7.08 on the MSQ-R-CV, and sub-scores of 23.85 ± 4.4 for moral responsibility and strength and 16.37 ± 3.75 for sense of moral burden.Discussion:The findings of this study were compared with studies from other countries to examine the structure and meaningful implications of ethical sensitivity in Chinese nurses.Conclusion:The two-factor MSQ-R-CV (moral responsibility and strength, and sense of moral burden) is a linguistically and culturally appropriate instrument for assessing ethical sensitivity among Chinese nurses. (shrink)

This essay deploys the joint lenses of branding and space to examine the hegemonic operation of the Apple brand in the global culture industry. It does so by analyzing China’s ‘fake Apple Store’ event in 2011, which began with an American expat blogger’s discovery and subsequently caught the attention of global news media. While copying the look of an official Apple Store, these retailers displayed and sold genuine products originally assembled in China. Probing the cultural logic that gave rise (...) to the event, I argue that China’s ‘fake’ Apple Store emblematizes the power relations and subject positions that emanate from Apple’s global hegemony. The Apple Store, as a branded environment, is best seen as a heterotopia whose interpellating mechanism relies on the extensive-intensive character of the intellectual property rights regime. While China’s copycat Apple Store can be seen as an attempt at a production of sameness, the ‘user-generated’ charge of its ‘fakery’ stems from the ‘distributed’ power of the Apple brand, which operates through a production of difference. Even though the varied responses to the event reveal the contradiction within Apple’s extensive global reach, it more importantly points to a condition wherein consumer turned ‘prod-user’ subjects act as self-enlisted agents who work to perpetuate the brand’s design-intensive value regime. While the spectacle of ‘Chinese fakery’ manifests the ideological work of IPR in naturalizing the distinction between the copy and the fake, the extensive-intensive operation of the brand, embodied by the Apple Store, also undermines the ability of consumer subjects to meaningfully engage the ‘Chinese reality’ that is manufacturing labor. (shrink)

We can note three phases in the tradition of the readymade and appropriation since Duchamp’s Bicycle Wheel of 1913. First, they include early enactments in which the readymade posed an onto- logical challenge to artworks through the equation of commodity and art object. Second, practices in which readymades were de- ployed semantically as lexical elements within a sculpture, paint- ing, installation or projection. In a third phase, which most directly encompasses the global, the appropriation of objects, images, and other forms (...) of content challenges sovereignty over the cultural and economic value linked to things that emerge from particular cultural properties ranging from Aboriginal painting in Australia to the ap- propriation of Mao’s cult of personality in 1990s China. This essay considers the most recent phase of the readymade in terms of its century-long history. (shrink)

This is a book about food, philosophy, and intellectual property rights. Taken separately, these are three well-known subjects; but it is uncommon to consider them together. Delivering a rich field of disputes, the book is comprised of 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look at (...) food vis-à-vis intellectual property. The terrain encompassed is wide-ranging and reaches out to fine-grained aspects of food products, recipes, and cooking. Conceived for a wide scope of readers, the volume ultimately interrogates the links between food and cultural identity, bringing to the fore the ethical, political, aesthetic worth of culinary arts and gastronomic experiences. This accessible book will be of value to scholars, students, practitioners and others with interests in the areas of intellectual property, food law and food studies. (shrink)

This chapter contains section titled: Harm by Theft Possible Owners of Artworks Cultures and Inheritance Lost and Abandoned Property Cultural Property and Traditional Law Collective Knowledge and Collective Property Ownership of Land and Ownership of Art Property and Value to a Culture Cultures and Intellectual Property Some Conclusions About Ownership and Appropriation The Rescue Argument.

Cultural schemas are a central cognitive mechanism through which culture affects action. In this article, we develop a theoretical model of cultural schemas that is better able to support empirical work, including inferential, sensitizing, and operational uses. We propose a multilevel framework centered on a high-level definition of cultural schemas that is sufficiently broad to capture its major sociological applications but still sufficiently narrow to identify a set of cognitive phenomena with key functional properties in common: (...) class='Hi'>cultural schemas are socially shared representations deployable in automatic cognition. We use this conception to elaborate the main theoretical properties of cultural schemas, and to provide clear criteria that distinguish them from other cultural or cognitive elements. We then propose a series of concrete tests empirical scholarship can use to determine if these properties apply. We also demonstrate how this approach can identify potentially faulty theoretical inferences present in existing work. Moving to a lower level of analysis, we elaborate how cultural schemas can be algorithmically conceptualized in terms of their building blocks. This leads us to recommend improvements to methods for measuring cultural schemas. We conclude by outlining questions for a broader research program. (shrink)

In the global marketplace of ideas, accusations are often made that certain countries refuse to protect intellectual property (IP). This accusation fails to account for cultural differences in the recognition of IP This paper considers the impact of cultural variables upon a nation’s level of (IP) protection. Cultural variables such as humane orientation and in-group collectivism have a negative impact upon IP protection, while uncertainty avoidance and future orientation have a positive impact upon IP protection. Managerial (...) implications of these findings are discussed. (shrink)

Current treatments of cultural heritage as an object of moral concern (whether it be the heritage of mankind or of some particular group of people) have tended to treat it as a means to ensure human wellbeing: either as ‘cultural property’ or ‘cultural patrimony’, suggesting concomitant rights of possession and exclusion, or otherwise as something which, gaining its ethical significance from the roles it plays in people’s lives and the formation of their identities, is the beneficiary (...) at most of indirect moral obligations. In contrast, I argue that cultural heritage, as something whose existence can go well or badly, can itself qualify as a moral patient towards which we may have obligations which need not be accounted for in terms of subsequent benefits to human beings. Drawing inspiration from environmental ethics and suggesting that heritage, like an ecosystem, is a complex network of interrelations which invites a holistic understanding, I develop a framework for thinking about cultural heritage which shows how such a thing can feature in our ethical reflections as intrinsically worthy of respect in spite of its most obvious differences from the ‘natural’ world: the very human origins of cultural heritage and its involvement with human life in all its forms. As part of the development of this framework I consider the epistemic difficulties which arise when for all our holistic sophistication we do find ourselves in the predicament of having to judge the moral worth of some item of heritage, possibly someone else’s heritage and possibly something which we find ourselves disposed to value more because of than despite any mysteries surrounding it. I conclude by offering some tentative illustrations of how such a framework might operate in the practical course of normative moral reasoning about what should be done with items of cultural heritage. -/- [Erratum note: p. 30 conflates the Kumasi palace looting of 1874 with that of 1896.]. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law (...) of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

Faced with this divergence of views, the studies in this book therefore focus on the broader issue of whether archaeologists and other cultural heritage experts should ever work with the military, and if so, under what guidelines and ...

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in (...) shared practices that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law (...) of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)