Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People

AbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways,...

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Main Authors: saeed habiba, Behnam Habibi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2014-01-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Online Access:https://jplr.atu.ac.ir/article_553_7faad55b7a48bab450481d5dce815668.pdf
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author saeed habiba
Behnam Habibi
author_facet saeed habiba
Behnam Habibi
author_sort saeed habiba
collection DOAJ
description AbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways, in the form of artistic (either performances or nonperformances)or literary works or in the form of indigenous knowledge (includingmedical, agricultural and environmental science) and natural and ecologic sources.These factors have always been the instrument of recognizing the communities andalso have been the cultural, biological and historical identity of such societies. Inthis essay, along with the clarifying the concept and historical background offolklore expressions, three traits of folklore, including the oldness, belonging to acertain territory and collectivity, will be studied. However, in association with theidentity of folklore, three theories are propounded, including ''sui generis'', ''exploitation right'' and ''property right'', in which collective property right isaccepted and finally the abstractness of relationship between creators and owneragainst aspects of folklore is regarded as acceptable.
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spelling doaj.art-fefa2da576dd4ccbae5d02c4d01ffad62023-12-26T07:46:34ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322014-01-0125930553Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous Peoplesaeed habiba0Behnam Habibi1دانشیار دانشکده حقوق وعلوم سیاسی و رئیس موسسه حقوق تطبیقی دانشگاه تهرانوکیل دادگستریAbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways, in the form of artistic (either performances or nonperformances)or literary works or in the form of indigenous knowledge (includingmedical, agricultural and environmental science) and natural and ecologic sources.These factors have always been the instrument of recognizing the communities andalso have been the cultural, biological and historical identity of such societies. Inthis essay, along with the clarifying the concept and historical background offolklore expressions, three traits of folklore, including the oldness, belonging to acertain territory and collectivity, will be studied. However, in association with theidentity of folklore, three theories are propounded, including ''sui generis'', ''exploitation right'' and ''property right'', in which collective property right isaccepted and finally the abstractness of relationship between creators and owneragainst aspects of folklore is regarded as acceptable.https://jplr.atu.ac.ir/article_553_7faad55b7a48bab450481d5dce815668.pdf
spellingShingle saeed habiba
Behnam Habibi
Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
title Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People
title_full Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People
title_fullStr Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People
title_full_unstemmed Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People
title_short Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People
title_sort degnifying of the indigenous an introduction to the traditional law of indigenous people
url https://jplr.atu.ac.ir/article_553_7faad55b7a48bab450481d5dce815668.pdf
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