Cardozo Journal of International and Comparative Law
Abstract
The article critiques the assumptions embedded in the terms "traditional" and "cultural" when applied to the property and knowledge of indigenous peoples, particularly Native Americans. It argues that these terms often reflect Western notions of authenticity, collectivity, and inalienability, which may not fully align with the lived experiences and evolving cultural practices of indigenous communities. The analysis emphasizes the need for flexibility in defining cultural property and traditional knowledge, as these concepts are shaped by historical colonization, sovereignty struggles, and contemporary political dynamics.
Disciplines
Entertainment, Arts, and Sports Law | Indigenous, Indian, and Aboriginal Law | Law
Recommended Citation
Sarah Harding,
Defining Traditional Knowledge - Lessons from Cultural Property,
11
Cardozo J. Int'l & Comp. L.
511
(2003).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol11/iss2/10
Included in
Entertainment, Arts, and Sports Law Commons, Indigenous, Indian, and Aboriginal Law Commons