Introduction

Author(s):  
Lucas Lixinski

The Introduction details the book’s general aims and argument. It also lays the groundwork for some of the broader theoretical themes that run through the book, namely: the relationship between law and non-law with respect to cultural heritage; the conservation paradigm under which international heritage law operates; and the basic terminology that the book uses, in its choice to refer to simply ‘heritage’, instead of ‘cultural heritage’, ‘cultural property’, ‘natural heritage’, and a working definition of ‘community’.

Author(s):  
Francioni Francesco

The concept of ‘world heritage’ was legally codified by the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC). This convention occupies a special position in the ever-expanding body of international cultural heritage law. This is for three fundamental reasons. First, with its 193 States Parties, it is a truly universal treaty in force for the protection of cultural heritage. Second, it represents a major innovation by its unprecedented approach that brings together cultural properties and natural sites of exceptional importance, both subject to the same system of international cooperation for their identification, delineation, and protection. Third, this convention has contributed to the reconceptualization of ‘cultural property’, paving the way for its dynamic evolution into the more comprehensive concept of ‘cultural heritage’, understood as the inherited patrimony of culture—inclusive of the intangible heritage and living culture of relevant human communities.


2020 ◽  
Vol 12 (11) ◽  
pp. 4664
Author(s):  
Jiae Han

As a representation of Korea’s modern architecture, Kim Swoo Geun described the Space Group of Korea Building as an “enclosed but endless space”. The Space Group Building is currently Korea’s Registered Cultural Heritage No. 586. Its name was changed to Arario Museum in Space; since 2013, it has been used as a museum. This study aims to reveal what spatial features of the Arario Museum have value as cultural heritage to make its sustainable architectural message. This research will analyze spatial traits within thresholds, beyond the general spatial traits of the architecture itself. The threshold gives Arario Museum meaning as a registered cultural property of Korea. The fundamental methodology to analyze the issue of threshold is to document the architectural experience based on the architect’s interviews, sketches and diagrams for design intention and strategy. Kim’s space displays the unification of physical structure and invisible phenomenon and cognition. The definition of threshold and the elements that constitute it discussed in this research were those that cover such multileveled concepts as materials that constitute the threshold. In addition, the phenomenon and status of these elements extracted in such manner being actually dispersed was verified, and the obtained characteristics of the threshold can result in the following: the concealment, juxtaposition, and flexibility are ultimately expanded to the ambiguity which is unique to Arario Museum in Space. Concealment started from observing the surface of threshold itself, and juxtaposition is the relational interpretation among the various elements. After the analysis on the dispersion and contacts, the status and phenomena of the building’s thresholds were concluded as a flexibility connection to its heritage value.


2021 ◽  
Vol 4 (2) ◽  
pp. 19-46
Author(s):  
Cary Nelson

Abstract The examples listed in the International Holocaust Remembrance Alliance’s Working Definition of Antisemitism suggests that some political views common in humanities and social science disciplines are antisemitic. In some disciplines, these views are well estab­lished in both teaching and publication. Yet the American Association of University Pro­fessors has long used prevailing disciplinary views as a guide to which faculty statements cannot be sanctioned. What should universities do when not just individual faculty, but entire disciplines have been captured by radical antizionism, when students are taught that Israel has no moral legitimacy and must be eliminated? How should personnel decisions be affected? Should this evolving situation lead us to rethink the relationship between advo­cacy and indoctrination? Can universities keep the search for the truth at the core of their mission in the wake of disciplinary solidarity behind antisemitism?


2012 ◽  
Vol 2012 ◽  
pp. 1-8 ◽  
Author(s):  
Daniel T. L. Shek

The concept of spirituality as a positive youth development construct is reviewed in this paper. Both broad and narrow definitions of spirituality are examined and a working definition of spirituality is proposed. Regarding theories of spirituality, different models pertinent to spiritual development and the relationship between spirituality and positive youth development are highlighted. Different ecological factors, particularly family and peer influences, were found to influence spirituality. Research on the influence of spirituality on adolescent developmental outcomes is examined. Finally, ways to promote adolescent spirituality are discussed.


2020 ◽  
Vol 83 (3) ◽  
pp. 372-384
Author(s):  
Leva J. Wenzel

AbstractOver the past decades, cultural heritage has increasingly become a primary target of terrorist destruction. As such attacks not only hit the cultural objects themselves, but also people and societies inherently associated with them, this article calls for a shift of emphasis in protection of cultural property from mere material substance protection to the relationship between humans and cultural objects. To this end, the present work rethinks cultural heritage as a hybrid entity between legal object and legal person, i. e., as material agency. The article takes a critical view of the traditional juridical distinction between legal object (res) and legal person (persona), and of material and immaterial cultural heritage. By taking full advantage of the legal potential of these four aspects, and reflecting on the recent ruling of the International Criminal Court in The Hague regarding the terrorist destruction of Timbuktu, the article provides a springboard toward an anthropological transformation of the protection of cultural property.


2008 ◽  
Vol 5 (2) ◽  
Author(s):  
Deniz Özkut

The phenomenon of preservation may be described as a physical process that depends onconceptual facts. When observed from a conceptual point of view, ‘values’ cause the divergencesin the preservation process, which could be named as the pre-requisites of the construction.Values carry emotional and physical points of view. The emotional context, of course, dependson recognizing and remembering while physical context depends on direction of research. They are indicators of cultural characteristics and historical identity. ‘Cultural values’1, more over, explains the meanings attributed to the cultural property, which meanings will be preserved, and the reasons for their preservation. On behalf of this context, the preservation process may be defined as the preservation of the cultural heritage within an effective system. This effective system isaimed at attaining the total quality as a result of a synthesis of the technology, technique, and material originally deployed with those of the present. Besides, one of the most important inputin the preservation process is the priorities of the intervention to be held, as the latter will determine the decisions and types of intervention during the implementation phase of the preservation project. As a significant paradox, the most important parameter that shapes both a preservationproject and its process appears to be the risks that consist of indefinite input preventing theproject from a proper definition of its context. Since all physical problems and the social statusof the cultural property to be preserved have direct impact upon the design process of thepreservation project, these priorities and the risks should be clarified in the course of pre-assessment phase at the beginning of the preservation process.


2008 ◽  
Vol 45 ◽  
pp. 108-111
Author(s):  
Kinga Williams

Straipsnyje atskleidžiama kultūros sąvoka, aptariami esminiai apibrėžimai (tikėjimas, vertybės, normos, požiūriai, siekiniai, taisyklės), taip pat nusakomos susijusios sąvokos, tokios kaip kultūrų atsiribojimai (Furnham & Bochner 1982), taisyklių – klaidingų interpretacijų kategorijos Fallacy (Williams, 2007), kultūros slopinamos funkcijos (e.g. Greenberg et al 1997), jų tarpusavio ryšiai.Kultūrų skirtumai analizuojami taikant universalumo / reliatyvumo (Salzman, 2006), preskriptyvumo / deskriptyvumo (Williams, 2006) ir tradicinės / vietos psichologijos (Allwood, 2006) požiūrius.Pranešime taip pat pateikiamos tam tikros analogijos su Noam Chomsky (1957, 1986) pateikiamais lingvistiniais konceptais (kompetencija / spektaklis, giluminės / paviršiaus struktūros, lingvistinės bendrybės).Pabaigoje, vartojant kultūrą kaip daugiakultūrę slopinimo sampratą, teigiama, kad egzistuoja bendras kultūros (-ų) pagrindas.Cultural diversity and how to survive itKinga Williams SummaryThe article first explores the ingredients of a working definition of culture (beliefs, values, norms, attitudes, intentions, rules, schemata), then attempts to map out the relationship among key-concepts like Culture-Distance (Furnham, Bochner, 1982), the Rule-Category Substitution Fallacy (Williams, 2007), and culture’s buffer-function (e.g., Greenberg et al., 1997). Cultural Diversity is examined from the points of view of Universalism/Relativism (Salzman, 2006), Prescriptivism/Descriptivism (Williams, 2006), and that of Traditional/Indigenous psychologies (Allwood, 2006). Working analogies with some of Noam Chomsky’s (1957, 1986) linguistic concepts (competence/performance, deep/surface structures, linguistic universals) are discussed. Finally, a need for a multi-cultural buffer is confirmed, and the potentiality for the existence of enough common ground for such is tentatively concluded.Key words: culture-distance, beliefs, values, norms, rules, cultural relativism/span>


2002 ◽  
Vol 51 (3) ◽  
pp. 511-554 ◽  
Author(s):  
Craig Forrest

In November 2001, a new weapon was added to the United Nations Educational, Scientific and Cultural Organisation's2arsenal used to protect and preserve the world's cultural heritage, in the form of the Convention on the Protection of the Underwater Cultural Heritage.3This Convention, while not yet in force, will complement UNESCO's three other heritage conventions, the 1954 Hague Convention on the Protection of Cultural Heritage in the Event of Armed Conflict,4the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1971)5and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage.6


Author(s):  
Malyshev Oleksandr

Introduction. This article deals with the concepts of cultural heritage and cultural property from the standpoint of legal history and philosophy. This research reflection was inspired by the Draft Law of Ukraine “On Cultural Market Goods”. The author follows the path determined by language and by peculiarities of civil law tradition. It is high time to return to a dialectical understanding of Romance and Germanic traditions as two contradictive poles of heritage law understanding in Continental Europe. The aim of the article is the analysis of the correlation of “cultural heritage” and “cultural property” notions within international law and national law of Ukraine, and integration of these notions into the united concept of heritage law. Results. First, the fundamental terms and definitions – for instance, “bien” (French) and “Sache” (German) – related to the property law have been analysed in relevant civil codes of Romance and Germanic traditions. The property law in the civil law tradition provides a certain legal description of the whole visible and abstract world. Hence, the way passed from the Napoleonic Code to the German Bürgerliches Gesetzbuch was both the development of legal forms, as well as the evolution of the world outlook reflected in the legal texts. In the French Code civil, one can observe a baroque pattern of the world of things, especially manifested by a difficult correlation between “bien” and “chose” concepts. The definition of “Sache” in Bürgerliches Gesetzbuch demonstrates the positivistic world vision. Because Bürgerliches Gesetzbuch is more advanced from the legal drafting methodology, its specific patterns and notions were implemented by the civil codes of the majority of European countries. On the contrary, in the heritage law realm, the Romance “bien” concept has been dominating. Conclusions. Paper states that the Romance law tradition and, particularly, the French doctrine of the civil law have a determining impact on the roots and on the formation of the modern vision of the cultural property. Hence, such doctrinal foundations seem to be efficient for a systematic and organic comprehension of the heritage law.


Author(s):  
Jakubowski Andrzej

This chapter describes the relationship between the evolving international law regime for the protection of cultural heritage and the theory and practice of State succession. State succession in respect of cultural heritage has usually been associated with the allocation and division of movable cultural treasures following territorial transfers. Hence, much of the doctrinal effort has focused on the principles and criteria governing the passing of State cultural property and attempted to respond to the topical question of to whom cultural property belongs. The chapter then looks at the codified sources of the law on State succession. It also examines the consequences of State succession relating to distinct pre-existing legal situations: State archives and property; international cultural heritage obligations arising from treaties and customary international law; and international responsibility for cultural heritage wrongs committed prior to the date of succession.


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