Philosophical Justification and the Legal Accommodation of Indigenous Ritual Objects; an Australian Study

Abstract

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria.

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Indigenous Peoples' Intellectual Property.Andrew Hunter - 2007 - The Proceedings of the Twenty-First World Congress of Philosophy 3:97-103.
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Morals by Agreement.David P. Gauthier - 1986 - Oxford University Press.
Two Treatises of Government.John Locke - 1988 - Indianapolis, Indiana: Cambridge University Press.

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