От стоки към ценности. Италианската юридическа литература по темата за културното наследство между XIX и XX век.
From Goods to Values. Italian Juridical Scholarship on Cultural Heritage, between XIX and XX Centuries.

Author(s): Elisabetta Poli
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Italian legal scholarship; contemporary history; European legal history; cultural heritage law; cultural goods; immaterial goods; intellectual property
Summary/Abstract: The paper focuses on Italian legal scholarship while developing principles and theories that could be deemed as grounding Italian legislation aimed at protecting the national cultural heritage after national unification. Although this legislation inherits instruments and solutions dating back to previous centuries, in the considered period it acquires a new physiognomy and inner structure, thanks to the conceptual contribution of legal scholarship, that also draws inspiration and hints from European juridical culture, circulating across national borders. In the history of (not only) national law protection of cultural heritage, the identification of the juridical status of ‘cultural goods’ acquires specific importance and deals with a kind of new asset of individuals-society-humanity relationship, seen through the legal prism of ‘property’. That’s because these specific goods are physical corpora taking over a set of values which is ontologically immaterial. ‘Immateriality’ acquires specific significance with regard to these goods, being the intrinsic aesthetical-cultural value – also in its identitarian declination – coessential to them. Hence, these goods embodying values challenge Italian legal scholarship, suggesting a new dialectic between individuals and collectivity, this last one progressively shifting from a national dimension to a global one.

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