An Analysis of the Value of Customary Rules in the Protection of Intangible Cultural Heritage
Date：2024/04/08 14:08:01
An Analysis
of the Value of Customary Rules in the Protection of Intangible Cultural Heritage
Abstract:
Intangible cultural heritage itself contains a wealth of customary rule
content. These traditional customary rules play an irreplaceable role in
cultural transmission that formal norms cannot replace. Customary rules are
mainly perpetuated through oral transmission and are enforced by customary
institutions based on the cultural values of traditional communities and
groups, aiming to protect the social and cultural interests of intangible
cultural heritage and ensure that members within the group have equal rights
and obligations. According to traditional customs, intangible cultural heritage
is collectively owned, and its use ethics depend on customary rules and social
relationships within the group. Therefore, customary rules play an important
role in protecting collective rights. Customary rules that have been followed
for many years are closely linked to the region and group where intangible
cultural heritage is located, and they coexist and work together with modern
rule of law. In terms of the protection values of intangible cultural heritage,
their consistency can make them echo each other and jointly maintain the
inheritance and development of intangible cultural heritage.
Keywords:
customary rules; collective interests; reasonable use; modern values
This article was originally published in "Guizhou Ethnic Studies" Issue No. 2, 2024. For more information, please refer to https://mp.weixin.qq.com/s/AAYVHx3HYn3UjFBn-8KtWg
Author: Sachuronggui
is a PhD candidate at Law School, Renmin University of China. Research
interests: Ethnic Law and Cultural Heritage Law.
