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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Law In and As Culture - Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples (Hardcover)
Loot Price: R2,018
Discovery Miles 20 180
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Law In and As Culture - Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples (Hardcover)
Series: The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities
Expected to ship within 12 - 17 working days
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There are two oppositional narratives in relation to telling the
story of indigenous peoples and minorities in relation to
globalization and intellectual property rights. The first, the
narrative of Optimism, is a story of the triumphant opening of
brave new worlds of commercial integration and cultural inclusion.
The second, the narrative of Fear, is a story of the endangerment,
mourning, and loss of a traditional culture. While the story of
Optimism deploys a rhetoric of commercial mobilization and
"innovation," the story of Fear emphasizes the rhetoric of
preserving something "pure" and "traditional" that is "dying." Both
narratives have compelling rhetorical force, and actually need each
other, in order to move their opposing audiences into action.
However, as Picart shows, the realities behind these rhetorically
framed political parables are more complex than a simple binary.
Hence, the book steers a careful path between hope rather than
unbounded Optimism, and caution, rather than Fear, in exploring how
law functions in and as culture as it contours the landscape of
intellectual property rights, as experienced by indigenous peoples
and minorities. Picart uses, among a variety of tools derived from
law, critical and cultural studies, anthropology and communication,
case studies to illustrate this approach. She tracks the
fascinating stories of the controversies surrounding the ownership
of a Taiwanese folk song; the struggle over control of the
Mapuche's traditional land in Chile against the backdrop of Chile's
drive towards modernization; the collaboration between the Kani
tribe in India and a multinational corporation to patent an
anti-fatigue chemical agent; the drive for respect and recognition
by Australian Aboriginal artists for their visual expressions of
folklore; and the challenges American women of color such as
Josephine Baker and Katherine Dunham faced in relation to the
evolving issues of choreography, improvisation and copyright. The
book also analyzes the cultural conflicts that result from these
encounters between indigenous populations or minorities and
majority groups, reflects upon the ways in which these conflicts
were negotiated or resolved, both nationally and internationally,
and carefully explores proposals to mediate such conflicts.
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