CULTURE THROUGH THE STATE: LAW AND POLICY AS A FRAME TO CULTURE
Colonial processes have resulted in complex interactions within diverse societies around the world. They have been distinguished by mechanisms of domination that need be dismantled if we are to construct democratic and non-discriminatory societies. With this aim in mind, there is a real need for cultural policy that can allow different cultures to grow and interact on a more equal footing. The main argument of this article is that cultural policy is part of a legal framework and is, as such, defined by the historical perceptions behind notions of cultural heritage. It is argued that cultural policy is projected through the opportunities offered by intellectual property protection. In order to see the way law is connected to cultural policy and how historical injustices can be projected into the future, it is necessary to see law from a sociolegal perspective. With such an approach, one can find the remaining traces of co-lonialism left in the legal framework for culture, which constitute a major obstacle to improving the well-being of culturally diverse states.