Page 88 - 第二屆原住民族傳統習慣規範與國家法制研討會論文集

顧坤惠 財產關係：幾個人類學觀點

• Tangible and intangible (name, reputation, knowledge, IPR)/material and

non-material

• Contemporary anthropological views

• ―Property as a social relationship between persons with respect to things,
which include rights to exclude others‖ (Strang and Buss 2011)

• The word property is best seen as directing attention to a vast field of cultural

as well as social relations to the symbolic as well as material contexts within
which things are recognized and personal as well as collective identities are
made…( Hann 1998)

Avoid Ethnocentrism

• In order words, anthropology has contributed to the understanding of
property cross-culturally and relativize the notions of property, persons and
social relations.

Macro and Micro

• *Macro: dealing with encounter between indigenous peoples with the state/
dominant groups, e,g, disputes over land rights,

• ―Anthropology and the court‖. B.C. Studies 1992 challenged the supreme

court ruling (no tribal court in BC Canada)

• 台灣的櫸木事件 蜂蜜事件等

New forms of property

• New forms of property: intellectual, biological, cultural property – reification

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