The course aims to provide the necessary knowledge on the current Italian legislation on cultural heritage, offering a framework of the same in the light of constitutional, European and international principles. Starting from an examination of the relationship between art and the legal system in a historical perspective, the course will focus on the implications of constitutional commitments concerning the promotion of culture and science, as well as the protection of the landscape and the historical and artistic heritage. The specific translations of these values in ordinary legislation (in particular in the Cultural Heritage Code) will be the subject of in-depth study, also proposed through the analysis of case studies.
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Starting from an examination of the relationship between art and the legal system from a historical perspective, the course explores the constitutional provisions concerning the promotion of culture and science, as well as the protection of the landscape and of the historical and artistic heritage. Particular attention is given to how these constitutional values are translated into ordinary legislation (especially in the Code of Cultural Heritage and Landscape), with an in-depth study of the rules governing the protection and enhancement of cultural heritage in both the Italian and international legal systems. The analysis of case studies—mainly based on recent court rulings—will allow students to grasp the practical implications of the aforementioned legal provisions.
Part I – Principles
The history of the relationship between art, the legal system, and politics
Cultural heritage in the 1947 Republican Constitution: freedom of art and science, constitutional protection of cultural, artistic, and landscape heritage
Part II – Ordinary legislation and the administration of cultural heritage
Definitions of cultural property and property of cultural interest; the concept of landscape
Criteria and instruments for the protection of cultural property in the 2004 Code
The governance of cultural heritage between central and local authorities
Cultural activities: the regulation of “performing arts”
Part III – In-depth studies
“Beauty” as a constitutional value
Case studies (based on judgments of the Constitutional Court and the Council of State)
Educational visit to the Constitutional Court
M.A. Cabiddu, Bellezza. Per un sistema nazionale, Doppiavoce, 2021
Programme
ChatGPT ha detto:Starting from an examination of the relationship between art and the legal system from a historical perspective, the course explores the constitutional provisions concerning the promotion of culture and science, as well as the protection of the landscape and of the historical and artistic heritage. Particular attention is given to how these constitutional values are translated into ordinary legislation (especially in the Code of Cultural Heritage and Landscape), with an in-depth study of the rules governing the protection and enhancement of cultural heritage in both the Italian and international legal systems. The analysis of case studies—mainly based on recent court rulings—will allow students to grasp the practical implications of the aforementioned legal provisions.
Part I – Principles
The history of the relationship between art, the legal system, and politics
Cultural heritage in the 1947 Republican Constitution: freedom of art and science, constitutional protection of cultural, artistic, and landscape heritage
Part II – Ordinary legislation and the administration of cultural heritage
Definitions of cultural property and property of cultural interest; the concept of landscape
Criteria and instruments for the protection of cultural property in the 2004 Code
The governance of cultural heritage between central and local authorities
Cultural activities: the regulation of “performing arts”
Part III – In-depth studies
“Beauty” as a constitutional value
Case studies (based on judgments of the Constitutional Court and the Council of State)
Educational visit to the Constitutional Court
Core Documentation
M.Ainis-M. Fiorillo, L’ordinamento della cultura. Manuale di legislazione dei beni culturali, Giuffré, 2022M.A. Cabiddu, Bellezza. Per un sistema nazionale, Doppiavoce, 2021
Attendance
Class attendance.