There is value to heritage, as there is value to all ideas that have not been forgotten by time. In fact, if heritage were valueless there'd be no debate. One does not 'appropriate' things that have no value.
Which leads me to ask you once more if you have any issue with the given definition of Heritage in the paragraph I now quoted twice under Chapter 1 of a report relating the case of Australian Indigenous People and why their claim to Cultural and Intellectual Property. There is this definition , again :
Heritage consists of the intangible and tangible aspects of the whole body of cultural practices, resources, and knowledge systems developed, nurtured and refined by Indigenous people and passed on by them as part of expressing their cultural identity.
The content of that definition will be important for my next point.
no possible legitimate claim to Heritage
No, nobody has a legitimate (moral) claim to own a heritage, because no single person created it, no single person owns it, and indeed it is simply ludicrous to think anyone could own a series of intangible interconnected ideas.
Let's go back now to the content of the definition of Heritage and once more applied to the Australian Indigenous people :
the whole body of cultural practices, resources, and knowledge systems developed, nurtured and refined by Indigenous people and passed on by them as part of expressing their cultural identity
Key words : "whole body", "developed, nurtured and refined by Indigenous people" "passed on by them as part of expressing their cultural identity".
How in the world can you claim that because it is not one single person who created it, such Heritage cannot be owned by the very people who developed, nurtured and refined and passed it on by them as part of expressing THEIR cultural identity? Considering that the "it" addresses " the whole body of cultural practices, resources, and knowledge (another key word) systems and again "developed, nurtured and refined" BY the same very people. In this case being the Australian Indigenous People. To add that the same very people are the ones who pass it on... certainly not British colonials.
Similar reality regarding Heritage is to be applied to Native Americans (which Derec referred to as "American Indians"....ahahahahaha). To also be applied to the Maori people.
But not only is the claim ludicrous, it would be deeply deeply immoral to believe it and practice it.
I will make sure to e-mail the Elders of the Seminole Tribe of Florida and let them know that their practicing the preservation and protection of their Heritage is "deeply deeply immoral". Hey... though it might be easier for me to contact our Maori resident, Jo, and inform her of your stances regarding the "deep deep immorality" of her own people preserving and protecting their own Heritage.
The Japanese came up with putting ingredients in cooked rice and rolling them up with seaweed, but it would be monstrous to say non-ethnically-Japanese people can have their access to sushi controlled and regulated, or that they owe ethnically Japanese people money every time they take a bite.
I knew that there would be one of those bizarre analogies thrown in the midst of our exchanges where I actually provided you with the definition of Heritage, clearly quoted several times, under Chapter 1. You are now drawing an analogy between a culinary practice and this :
the whole body of cultural practices, resources, and knowledge systems developed, nurtured and refined by Indigenous people and passed on by them as part of expressing their cultural identity
and therefor no possible legitimate claim of Cultural and Intellectual Property Rights.
That is correct. It is a ludicrous claim, and a deeply immoral one.
Because you keep stating it does not make it so. Your attempt to demonstrate that it is "ludicrous" based on this reasoning ,
No, nobody has a legitimate (moral) claim to own a heritage, because no single person created it, no single person owns it, and indeed it is simply ludicrous to think anyone could own a series of intangible interconnected ideas
failed and that because you did not pay attention to how Heritage is defined and clearly described as it certainly applies 100% within its entire listed specifics to the Australian Indigenous People. Same with Native Americans. Same also with the Maori people.
Which means that you reject the premise that based on the legitimate value of their Heritage, Indigenous people have a claim to Cultural and Intellectual Property. Are you somehow in disagreement that "owning a culture" is semantically similar to " Cultural and Intellectual Property"?
I do not deny and I have never denied that any ideas that have survived time have value. What I have denied is that anyone can own that value and control it and profit from it.
It is interesting to see your absence of moral outrage regarding outside groups, who had NOTHING to do with the development, nurturing and refining of the "whole body of...", exploiting and using all those specifics undeniably part of that "whole body" for their own financial interest. You do not appear to be that consistent when it comes to standing up on the pedestal of being a judge of other people's morality.
Further, what is your reasoning behind your initial " No-one can own a culture" which you rephrased to mean the same as in " I reject the premise that anybody can own a culture"? Derec referred to your statement as an "argument". No matter how many times I re read your statements, I see no "argument". What I can see is a statement without any efforts to explain which reasoning led you to your conclusion :
1) First formulated conclusion (without any reasoning presented by you) : "no-one can own a culture".
2) Second formulated conclusion ( without any reasoning presented by you) : "I reject the premise that anybody can own a culture".
It is fine and dandy that you communicate your rejection of the said premise, but you have not explained why.
I reject the premise that
a culture can be owned , or 'legitimately' owned. It is a
morally wicked idea that people should have the power to restrict and hamstring human happiness by controlling aspects of a culture invented by people who themselves have no claim to the things they invented, let alone their descendants.
Oh really? I specifically chose the case of the Australian Indigenous people while assuming that you would be familiar with their culture. Now, it comes down to you claiming that somehow such Australian Indigenous People have "no claim to the things they invented" ? You have got to be kidding.
You cannot pass on what does not belong to you.
You keep relying on the circular thinking that since Metaphor claims that "no-one can own a culture", consequently it cannot belong to anyone and cannot be passed on. Are you denying that whether it be the Maori people, Native Americans or Australian Indigenous People what they have been passing on is NOT their Heritage as defined in the quote I have now brought up several times. I have now covered the specifics within the content of that definition and their meaning.
Or if you really believe it, then human happiness will plummet.
Human happiness has been plummeting since some US athletic teams have been exploiting and RIDICULING via clownish mascots the Heritage of Native Americans. Is that what you are referring to by "human happiness" which will plummet? Because it has been happening already. Of course not affecting outside groups but the very people who have a legitimate claim to their own Heritage and have the right to preserve and protect it from such disfigurement. Why should you even give a rat's behind about Native American Heritage anyway? You do not appear to give a rat's behind about the very people's Heritage who are Indigenous to your own nation as you believe that they have "no claim to what they invented". Let alone what they" developed, nurtured and refined" over the course of tens of thousands of years prior to European colonialism.
of If somebody can own their heritage and demand property rights to it, let's divide the world into tribes and assign who invented what by ethnicity, and you can't use ideas from someone else's culture without paying a fee.
That is the world you're advocating when you believe moral wickedness like that somebody can own a culture.
Not "somebody". A defined ethnic and cultural group such as the Australian Indigenous People. Their Heritage is their own, not yours or mine. Without them, it would not exist. I value their Heritage. I honor it and respect it as their own, not mine or yours.
Since my childhood I have valued and honored the Heritage of ethnic and cultural groups I have had the privilege to be acquainted with. It is not going to change based on your stances.