CULTURAL HERITAGE LAW

The course aims to promote the acquisition of fundamental knowledge of the legal aspects of the subject of cultural heritage
The course differs from the three-year course of Cultural Heritage Legislation essentially for the method rather than for the contents.
The themes of protection and enhancement of cultural and landscape assets remain central.
Unlike the three-year course of Cultural Heritage Legislation, the lessons will take place starting from concrete cases taken from jurisprudential decisions chosen by the teacher. The student will be asked to participate in the discussion and to identify the legal issues that emerge from the proposed case, as well as to delve into the issues themselves not individually, but by addressing their mutual interrelations.
The jurisprudential cases are included in moodle to be accessible to non-attending students. The sentences were chosen from those cited in the manual, therefore the non-attending student can also tackle the study of the subject alone by using the manual to interpret the provisions of the Cultural Heritage and Landscape Code (also included in moodle) in the case examined by the sentence.

The discussion of the topics will follow a critical and problematic method, the expected result consists in the development of the students' interpretative and argumentative skills and their aptitude for legal reasoning.

No knowledge of legal concepts is required

The legal dimension of cultural heritage. Object and method. Constitutional law. The notions of good and cultural heritage Landscape, landscape and environmental assets. Typology of cultural heritage. Identification of cultural heritage. Verification of cultural interest. Declaration of cultural interest. Cultural heritage ex lege. The cultural heritage system: public subjects and private subjects. The state and territorial autonomy. Protection: historical development and notion. Protection and conservation. Circulation of rights and circulation of goods. Sanctions and administrative fines. From protection to enhancement. The landscape and its legal dimension. Landscape, environment, land management: relationships and differences

Diritto del patrimonio culturale
Carla Barbati, Marco Cammelli, Lorenzo Casini
Editore: Il Mulino
Collana: Manuali
Ultima edizione

Written test consisting of three short essays on topics chosen by the teacher from the topics covered in the textbook. The student may choose to replace one of the essays (of his/her choice) with the exposition of a maxim of a sentence (chosen by the student). A maxim is understood to be the concise exposition of the principle of law contained in the motivation of a sentence.

written

The exam grade considers the completeness of the notions and concepts in the development of the themes, the clarity of exposition, the appropriate vocabulary. If these three characteristics are present, the grade is 30, while for honors, originality is rewarded.

Inappropriate vocabulary and poor clarity of exposition lead to a decrease from 1 to 4 votes when they do not affect the correct exposition of the concept.
The exposition of incorrect notions and concepts or their lack in the development of the theme lead to a decrease from 2 to 6 votes depending on the severity.
The various deficiencies are added together, but the absence of development of one of the themes does not allow reaching the sufficiency

Lectures supplemented by discussion in the classroom with reference to concrete cases

This subject deals with topics related to the macro-area "Human capital, health, education" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development