scholarly journals The Human Body in the Regime of Chinese Cultural Heritage Law

Author(s):  
Zhao Zhiyong

For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural heritage (ICH). On the other hand, it concerns the human body beyond the living person, protected as tangible heritage or cultural property. This article analyses these diverse dimensions of the human body under Chinese legislation on the protection of cultural relics and for the safeguarding of intangible cultural heritage, taking into consideration the respect for human dignity. In this regard, it offers a cross-cutting overview of the ethical and legal challenges surrounding the management and regulation of human remains.

2014 ◽  
Vol 643 ◽  
pp. 153-158 ◽  
Author(s):  
Min Li Dai ◽  
Chuan Ming Sun ◽  
Min Wang

As the knowledge of intangible cultural heritage is the experience which is accumulated for a long time, it is difficult to express the complex relationships completely. In order to preserve the content of intangible cultural heritage effectively, the knowledge should be classified by a rational standard. Firstly, this paper discussed the special character and information processing technology of intangible culture heritage; Secondly, the classification of intangible cultural heritage is designed based on its character and the theory of knowledge classification, and then a knowledge modeling framework for intangible cultural heritage is designed based on this classification. Application has proved that it is feasible and effective, and could help the users to master the knowledge and its relationship from various perspectives.


2018 ◽  
Vol 3 (1) ◽  
pp. 125
Author(s):  
Nurrohim Nurrohim ◽  
Fitri Sari Setyorini

The history of Islamic development in Indonesia has different characteristics compared to other Islamic regions such as Turkey, India, Egypt, Syria, and Morocco. The journey of Islam in Indonesia brings different colors and patterns that distinguish it from other Islamic regions. This happens because Islam is spreaded in the archipelago peacefully and in a gradual long time, unlike the other Islamic regions islamization which is not infrequently through the power of the armed forces. This article will explain the results of Islamic interaction with society who previously embraced Hinduism, Buddhism and animist beliefs dynamism in the form of Islamic Nusantara arts. The analytical method used in this paper is a combination of theories of acculturation and assimilation of Nusantara culture and Islamic culture. The combination of Nusantara culture and Islamic culture produces an Islamic art with the uniqueness of Nusantara without eliminating the elements of the old culture. The form of pre-Islamic Nusantara cultural heritage with the Islamic culture can be found in the architecture of mosques, Arabic Malay script, literary arts, painting and sculpture.


Author(s):  
Kurmo Konsa

Heritage in its very diverse forms has become a significant force in contemporary society. This is manifested by the importance of heritage in shaping identities, the use of heritage by political forces, and the increasing interconnectedness of heritage, the entertainment business and tourism. Heritage is a part of tangible reality while at the same time being an intangible phenomenon. Heritage connects people to each other and to the environment, both its material and natural aspects, therefore forming part of our world. By relying on heritage, recreating it and attributing important meanings to it, people shape the way societies function. The aim of this article is to create a conceptual framework for treating the preservation of intangible cultural heritage. In order to do that, I will use the concept of heritage on the one hand and the information ecological approach on the other hand. The article proposes to create a clearer conceptual framework for treating intangible cultural heritage, with the main emphasis on the preservation aspect. Heritage can be considered from very different aspects, from its philosophical meaning to highly technical conservation proceedings. In this article, I proceed from the idea that heritage is a phenomenon currently being created by people, i.e. from the principle of socio-cultural construction. Of course, this is just one possible way to interpret and utilise the past. It is clear that the treatment of heritage in this way poses a serious challenge to preservation – how should the heritage process be preserved? In my discussion of the heritage process, I use the information ecology framework, mainly drawing on ideas of Bonnie Nardi and Vicky O’Day. Information ecology is a system of people, activities, and technologies in a specific local environment. The information ecologic system is an intertwined network of a specific group of people and their tools and activities. The information ecological approach is characterised by systematicity, diversity, co-evolution and locality. All these aspects are also very important when it comes to intangible heritage. It is evident from the information ecological perspective that preservation of heritage is not a neutral technical activity but rather a social process, in the course of which values and meanings are created, changed and preserved. In preserving heritage, it is important to consider both the heritage itself and the level of society in the framework of which the management takes place. With intangible heritage, it is important to differentiate between individuals and families, groups and communities who practice it. At the national and international levels, specific heritage practices can be recognised and supported, but determining these practices and their actual preservation takes place at the community and individual levels. In order to preserve intangible heritage, we need to support the people, groups and communities who use and develop the given tradition. This means supporting a social and cultural process, in the event that such support is needed in the first place. Communities use intangible heritage to fix their current problems. These aims might not overlap with the national and international goals of preservation. To sum up information ecological principles from the aspect of preserving intangible heritage, what has to be emphasised is the importance of systemic treatment. People practicing heritage skills, their clients, researchers, preservers of heritage and community activists, to name just a few stakeholders, should form an integral system. Different parties are bound to see the system from different perspectives; on the one hand, this cannot be avoided, on the other hand, it is a barrier that needs to be overcome. What is extremely important is the reflection of the so-called grass-roots level perspective, expressed in the subjective view of the person with heritage skills, when determining and preserving heritage. When treating the functions of heritage skills, in addition to their economic significance, which often prevails, what needs to be observed is also the role of these skills in shaping community identities and in creating and preserving social cohesion, but also as parts of education and the wider social communication system. Via heritage skills, meanings are created and values are presented to the community and to society as a whole. I think the fact that heritage participates in the creation of value environments is what guarantees heritage a place in contemporary information society.


2019 ◽  
Vol 25 (2) ◽  
pp. 336-341
Author(s):  
Daniela Sorea ◽  
Elena Băjenaru

Abstract The Făgăraș Land is an old Romanian state formation on the territory of Transylvania. Geographically located between the Olt and the Meridional Carpathians, the Făgăraș Land is considered the starting point of the founders of Wallachia. It was caught between the interests and pride of the Hungarian Kingdom and those of the Romanian lords throughout the Middle Ages, and suffered invasions of the Tartars. The memory of the latter is preserved in the collective memory of the locals, especially in the legends about the rocks that girls chased by attackers have jumped off. Many of the villages of Fagaras are arranged in pairs, one in the Olt meadow and the other in the mountain. Over time, there have been differentiations in the folk garment and traditions between the couple villages, but also between neighbouring couple villages. These differences strenghten the community identity of the Făgăraș Land villagers and indicate the existence of significant intangible cultural heritage resources in the area.


Pravovedenie ◽  
2020 ◽  
Vol 64 (1) ◽  
pp. 80-92
Author(s):  
Chiara Bortolotto ◽  

This article considers the relationship between Intangible Cultural Heritage (ICH) and the market in the backdrop of the reorientation of UNESCO’s priorities regarding sustainable development. Based on ethnographic observations of the meetings of the governing bodies of the Convention for the safeguarding of intangible cultural heritage, this work analyses the controversies generated by “risks of over-commercialization” of ICH among actors with normative agency for designing “good” heritage governance. While the need to reconcile market and heritage is officially acknowledged, the inclusion of a particular commercial practice on the UNESCO ICH lists is qualified by many actors as “traumatic”. The debate spurred within the governing bodies of the Convention by the drafting of these documents sheds light on the controversial perception of the relationship between the market and ICH. In considering the idea of “commercialization without over-commercialization” suggested by actors to resolve the tension between heritage and market, this work highlights a constitutive ambiguity of the Convention. Based on the ideas of “misappropriation” and “decontextualization”, this concept is part of the logic of intellectual property. The Convention, however, was explicitly designed within an alternative paradigm emphasizing cultural dynamisms and shared belonging. While heritage entrepreneurs on the ground shift from one regime to the other making a pragmatic and strategic use of legal frameworks based on fundamentally different logics, this inconsistency generates normative conundrums among the actors involved with the official bodies of the Convention, torn between a proprietary and a heritage regime and their different moral economies. In the framework of the Convention, the principle of “commercialization without over-commercialization” embodies therefore a fragile compromise reflecting the tension between different regimes regulating traditional culture.


Author(s):  
Frank Proschan

Using the examples from Festival programs on Lao American and Greek American Folklife and reflecting on the author’s experience in operationalizing the UNESCO Convention on Safeguarding Intangible Cultural Heritage, this chapter examines tensions between the authority/agency of the bearers and practitioners of intangible cultural heritage, on the one hand, and experts, scholars and curators on the other. It takes a provocative stance against conventional notions of “curation” of Festival programs if they do not include the agency or serve the capacity–building aims in service to the featured communities.


2005 ◽  
Vol 12 (4) ◽  
pp. 447-458 ◽  

Significant documents of record recently produced and dealing with cultural property, heritage and related issues will be printed annually in the final issue (No. 4) of each numbered volume. Documents considered for publication may be national, regional, or international instruments and codes. Inquiries or suggestions regarding documentary materials may be addressed to the Chronicles Editor, Kurt Siehr, at 〈[email protected]〉 or the Editor, Alexander Bauer, at 〈[email protected]〉.


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