Cultural heritage law as a complex branch of law Cover Image

Prawo ochrony dziedzictwa kultury jako kompleksowa gałąź prawa
Cultural heritage law as a complex branch of law

Author(s): Kamil Zeidler
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: cultural heritage law; cultural heritage; branches of law, principles of law; cultural property; monuments

Summary/Abstract: The aim of this paper is to discuss cultural heritage law as a complex branch of law primarily by demonstrating the basic criteria of its autonomy. In particular, the criterion of the subject of regulation, and the criterion of the possession of its own principles of law and its own theory and sources of law will be presented. Research was undertaken at several levels, corresponding to the sections of this article, mainly using the apparatus of administrative, criminal, civil, and administrative law. The methodology adopted in terms of the theory and philosophy of law, in turn, made it possible to analyze the research problem. It should be noted that cultural heritage law is subject to divisions and fragmentation because of its connection with legal studies, traditional branches of law, and the field of law and the discipline within which the research was conducted. Because of the interdisciplinary nature of cultural heritage, both the internal and external integration of legal studies and law is only one of the elements that contribute to this subject. Others include art history, architecture, archaeology, and conservation, etc. Because of this interdisciplinary aspect, cultural heritage law contains norms not only relating to the protection of monuments and administrative law, but also to constitutional law, criminal law, civil law, and international law, etc. The principles of cultural heritage law have developed, and this applies to its own theory, its subject of protection, and its own legal sources. If we take this into account, we can see that cultural heritage law as a complex branch of law has developed most criteria that make it possible to consider it autonomous.

  • Issue Year: II/2021
  • Issue No: 50
  • Page Range: 11-27
  • Page Count: 17
  • Language: English, Polish
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