Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives
Present-day bioarchaeology of human remains has a complex, normative foundations, and this results in a nearly paradigmatic shift in research conducted in that discipline of science. This article first introduces the manifold non-scientific significance of human remains and mortuary sites and the es...
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| Format: | Article |
| Language: | Polish |
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Lodz University Press
2024-12-01
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| Series: | Acta Universitatis Lodziensis Folia Iuridica |
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| Online Access: | https://czasopisma.uni.lodz.pl/Iuridica/article/view/21680 |
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| author | Paweł Mazur Ewa Nowak |
| author_facet | Paweł Mazur Ewa Nowak |
| author_sort | Paweł Mazur |
| collection | DOAJ |
| description | Present-day bioarchaeology of human remains has a complex, normative foundations, and this results in a nearly paradigmatic shift in research conducted in that discipline of science. This article first introduces the manifold non-scientific significance of human remains and mortuary sites and the essentials of bioarchaeological research as well. It subsequently examines the concept of research freedom in the context of international and domestic regulations. Each state regulates bioarchaeological research distinctly. The article outlines a diplomatic pathway for undertaking research abroad. We then examine (de)colonial, indigenous, religious, and political contexts in which extra-legal regulations on the study of human remains also gain validity. This leads to a normative pluralism, the sources and justification of which we analyse and examplify. Such a pluralism unveils the deficits of positive legal regulation in the various contexts of discussed research. Our article is to support researchers in dealing with normative challenges – legal and extralegal – when it comes to undertaking research on human remains. |
| format | Article |
| id | doaj-art-548f144f529f47b6b26640a385d4fa86 |
| institution | Kabale University |
| issn | 0208-6069 2450-2782 |
| language | Polish |
| publishDate | 2024-12-01 |
| publisher | Lodz University Press |
| record_format | Article |
| series | Acta Universitatis Lodziensis Folia Iuridica |
| spelling | doaj-art-548f144f529f47b6b26640a385d4fa862025-02-10T09:14:25ZpolLodz University PressActa Universitatis Lodziensis Folia Iuridica0208-60692450-27822024-12-0110914117510.18778/0208-6069.109.0821672Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal PerspectivesPaweł Mazur0https://orcid.org/0000-0002-1011-121XEwa Nowak1https://orcid.org/0000-0002-5722-7711Adam Mickiewicz University of PoznańAdam Mickiewicz University of PoznańPresent-day bioarchaeology of human remains has a complex, normative foundations, and this results in a nearly paradigmatic shift in research conducted in that discipline of science. This article first introduces the manifold non-scientific significance of human remains and mortuary sites and the essentials of bioarchaeological research as well. It subsequently examines the concept of research freedom in the context of international and domestic regulations. Each state regulates bioarchaeological research distinctly. The article outlines a diplomatic pathway for undertaking research abroad. We then examine (de)colonial, indigenous, religious, and political contexts in which extra-legal regulations on the study of human remains also gain validity. This leads to a normative pluralism, the sources and justification of which we analyse and examplify. Such a pluralism unveils the deficits of positive legal regulation in the various contexts of discussed research. Our article is to support researchers in dealing with normative challenges – legal and extralegal – when it comes to undertaking research on human remains.https://czasopisma.uni.lodz.pl/Iuridica/article/view/21680research freedomresearch on human remainsbioarchaeologylegalextra-legaland multinormative regulations(de)colonialindigenousreligious and political contexts |
| spellingShingle | Paweł Mazur Ewa Nowak Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives Acta Universitatis Lodziensis Folia Iuridica research freedom research on human remains bioarchaeology legal extra-legal and multinormative regulations (de)colonial indigenous religious and political contexts |
| title | Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives |
| title_full | Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives |
| title_fullStr | Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives |
| title_full_unstemmed | Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives |
| title_short | Research Freedom and Access to Knowledge in Archaeological Research on Human Remains: Legal and Extra-Legal Perspectives |
| title_sort | research freedom and access to knowledge in archaeological research on human remains legal and extra legal perspectives |
| topic | research freedom research on human remains bioarchaeology legal extra-legal and multinormative regulations (de)colonial indigenous religious and political contexts |
| url | https://czasopisma.uni.lodz.pl/Iuridica/article/view/21680 |
| work_keys_str_mv | AT pawełmazur researchfreedomandaccesstoknowledgeinarchaeologicalresearchonhumanremainslegalandextralegalperspectives AT ewanowak researchfreedomandaccesstoknowledgeinarchaeologicalresearchonhumanremainslegalandextralegalperspectives |