scholarly journals El patrimonio cultural histórico arquitectónico costarricense: una deuda constitucional

REVISTARQUIS ◽  
2016 ◽  
Vol 5 (2) ◽  
Author(s):  
Marcela Muñoz Muñoz

ResumenLa formulación del artículo 89 de la Constitución Política de Costa Rica se basa en un Estado Social, no Cultural, de Derecho. La cultura se refiere como un fin de la política y no como un bien jurídico, objeto de tutela, lo cual parece restarle importancia a los intereses jurídicos. En esta línea, la norma constitucional refleja la ausencia de un núcleo conceptual mínimo en torno al patrimonio, cuya tutela resulta, entonces, difusa. Dicha omisión –que conlleva la reducción de un valor histórico arquitectónico a uno artístico— limita tanto el interés cultural, en general, como el arquitectónico, en específico. Con el fin de facilitar la comprensión del (oscuro) régimen tutelar existente, dispuesto en la Ley de Patrimonio Histórico Arquitectónico Nº7555 (1995) y su Reglamento (2005), el artículo revisa el concepto jurídico de patrimonio en dos direcciones: primero, la constitucionalización de los bienes culturales patrimoniales (sección A); segundo, la objetivación de lo cultural en general, y de lo histórico arquitectónico en particular, a la luz del interés jurídico (sección B). Dicho examen permite delinear un concepto integrador del patrimonio cultural y dentro de este, del histórico arquitectónico; lo cual, en última instancia, podría favorecer su tutela. AbstractThe Article 89 of the Politic Constitution of Costa Rica is based on a Social State, not a Cultural State of Law. Culture refers to as a political and not a legal right, subject to protection, which seems to belittle the legal interests. In this line, the constitutional provision reflects the absence of a minimum conceptual core around heritage, whose protection is then diffused. This omission involves the reduction of an architectural historical value to an artistic one, limiting cultural interest in general and the architectural, specifically. In order to facilitate understanding of the (dark) regime tutelary existing provisions of the Law of Historical Heritage Architectural Nº7555 (1995) and Regulations (2005), the article reviews the legal concept of heritage in two directions: first, the constitutionalization of heritage cultural property (section A); second, the objectification of culture in general, and the historical architecture in particular, in the light of legal interest (section B). This examination allows delineate an integrative concept of cultural heritage and within this, the architectural history; which ultimately could favor their protection.

Designs ◽  
2020 ◽  
Vol 4 (4) ◽  
pp. 57
Author(s):  
Antonio Cubero Hernández ◽  
Silvia Arroyo Duarte

The Historic District of Panama City was inscribed on the World Heritage List in 1997 for representing an exceptional example of 17th century colonial urban planning in the Americas. This article focuses on the specific analysis of the deteriorated monastic typology, highlighting its historical role as an articulating piece of the original urban layout designed in 1673 after the transfer from Panamá Viejo to the current location and which continues today. Our methodology consisted of reviewing the different stages of each of these buildings, extracting common events, and identifying the examples of the greatest value loss, with the aim of enhancing and highlighting their historical footprint. This study includes approaches from urbanism, architectural history, and heritage preservation that allows us to discuss possible tools, either for protection or adaptative reuse, to avoid the deterioration of such important historical heritage.


2017 ◽  
Vol 14 (4) ◽  
pp. 3472
Author(s):  
Kemal Reha Kavas

Architectural drawings, which are projections of spaces on a paper surface, can be categorized according to the projections’ directional and temporal relation with the represented space. A projection becomes a documentation when it departs from an existing spatial organization for recording it on paper. The projection serves the design process when it departs from the present to foresee a spatial proposal in the future. While the former records the present within limited interpretive range, the latter is more constructive.  While these two types of projections are known widely, there is another highly interpretive type of projection, the potentials of which, are generally underestimated. As the architectural historian’s tool, this third projection type represents bygone architecture. The task of this drawing, which is one of the least questioned issues of architectural history, is to restore an incomplete image by referring to material and textual sources. This drawing type contributes to the methodology of architectural historiography while conceiving, explaining and representing space.For illustrating this situation, this study analyzes the vernacular settlements and their environmental integration because this selected context reveals the interpretive nature of the third type of projection in a successful way. In this framework, the cut-away axonometric is considered as an appropriate drawing method for uncovering the integrity between architecture and its site or culture and nature. The outcome of this theoretical insight into the prolific relations between drawing and architectural history is coined as “environmental representation.”In history architectural products have been integral components of the environment. Then, the architectural representation of historical buildings through drawings becomes critical since the majority of architectural drawings tend to isolate buildings from their environment. This conventional representation of historical architecture has been the dominant tool of typological analysis. Typology, which is intertwined with plan drawings, categorizes historical buildings according to their spatial, structural and material organizations and disengages the buildings from their socio-cultural and environmental context. If this methodological problem of typology is regarded as a problem of drawing, a new mode of “environmental representation” can be proposed.This study proposes “environmental representation” of architecture through cut-away axonometric. This graphic proposal is based upon the theoretical references of “environmental aesthetics”, which is an interdisciplinary field analyzing the participatory human engagement in environment. “Aesthetics,” as a term, defines this bodily engagement into environment through the use of all human senses. In this theoretical framework this study challenges the assumptions of scientific theory for architectural representation of the “abstracted object” and proposes an alternative method of “environmental representation” on the basis of “aesthetics”. Within this scope, the proposed cut-away axonometric drawings produced by the author is analyzed in order to represent exemplary historical contexts of architecture selected through the vernacular settlements of the Anatolian Mediterranean.


Lex Russica ◽  
2021 ◽  
pp. 123-135
Author(s):  
A. S. Tumanova ◽  
A. A. Safonov

. The paper analyzes the legal views of Nikolay I. Palienko, a prominent philosopher of law and a state historian of the beginning of the last century. The authors pay significant attention to the integrative concept of legal understanding that is followed by Prof. Nikolay Palienko. They also substantiate originality and significance of the concept in the light of modernization of the political and legal order in late imperial Russia. It seems that under certain conditions it could serve as a bridge between positivist jurisprudence and the doctrine of “reborn natural law” developed in pre-revolutionary Russia. It was intended to smooth out the contradictions in both doctrines and contribute to the development of a new methodology for law understanding in the context of transformation of the Russian legal system towards establishing institutions of constitutional order.On the basis of published sources, the authors show the evolution of the scholar’s views from the positivist theory of law to idealism that is not properly estimated in the legal literature and is quite typical for the legal scholars of the interrevolutionary period.The authors conclude that Prof. Nikolay I. Palienko scholarship and knowledge allowed him to substantiate his own concept of legal understanding that can be considered integrative on the basis of achievements of the positivist theory of law, philosophy of natural law, psychological and sociological concepts of legal understanding. Prof. Palienko proclaimed the normative nature of law and at the same time expressed ideas of the supremacy of law over the state and the coherence of the state provided by law. An essential element of his legal concept was the legal consciousness of the society, acknowledgement of its role in the course of law education, as well as its establishment as a source of law. Palienko’s idea of legal coherence of the state represents a synthesis of positivism with idealism and leads to a new stage of development of legal methodology and ideology, namely: integrative jurisprudence. Scholar’s political and legal ideas contributed to the development of ideas about the rule of law, which were very popular in Russia during the period of development of representative institutions and constitutionalism.


2018 ◽  
Vol 4 (7) ◽  
pp. 145 ◽  
Author(s):  
Clary Diana Santander Cjuno

El presente artículo relaciona conceptos básicos de la gestión de patrimonio y la gestión de ries- gos del patrimonio cultural (GRPC). Para abordar este tema se parte por delinear ciertos conceptos cruciales sobre patrimonio cultural, pues la teoría formulada al respecto es dinámica, cambiante y resulta de gran importancia para la sociedad actual. Para abordar la temática central se han utiliza- do conceptos vinculados con los riesgos, el patrimonio cultural y su gestión, para posteriormente integrarlos con mayor detalle al enfoque aquí abordado. Finalmente, se han incluido los aspectos más relevantes de la metodología desarrollada por el Instituto Canadiense de Conservación (CCI), el Centro Internacional de Estudios para la Conservación y la Restauración de los Bienes Culturales (ICCROM), y la Agencia de los Países Bajos para el Patrimonio Cultural (RCE). La gestión de riesgo abarca la evaluación, análisis, propuestas, planes y otros aspectos vinculados a la práctica de una organización pública/privada, con el objetivo de minimizar el riesgo en el momento de la toma de decisiones sobre la gestión del patrimonio cultural. Palabras clave.-Gestión de riesgos, patrimonio cultural, patrimonio histórico inmueble. ABSTRACTThis article connects basic concepts to heritage management and risk management of cultural heri- tage. Thus, to tackle this subject, it starts with a picture of the concepts of cultural heritage, since the theory about it is dynamic, changing, and very important for contemporary society. In order to ad- dress the central topic, concepts related to risks, cultural heritage and their management have been employed, to then integrate them with greater detail to the approach studied here. Finally, the most relevant aspects of the methodology developed by the Canadian Conservation Institute (ICC), the International Center for the Study of the Preservation and Restoration of Cultural Property (ICCROM) and the Cultural Heritage Agency of the Netherlands (RCE) have been included. Risk management encompasses the evaluation, analysis, proposals, plans and other aspects related to the practice of a public/private organization in order to minimize risk when decision making about cultural heritage management occurs. Keywords.-Risk management, cultural heritage, historical heritage assets.


Author(s):  
Pedro de Alcântara Bittencourt César ◽  
Julia Luise Altmman ◽  
Caroline Peccin da Silva ◽  
Bruna Tronca ◽  
Michele Pinheiro Trentin

The contemporaneity demands a better relation between the object and the subject. In this article, it is expected to understand how has been developed this bond of Jesuit architecture and its understanding by the visitor. In this way, it is searched to explore the touristic technological means in Missões Guaraníticas. It questions the use of technology to a better extent of dissemination of local and cultural legacy - existing architecture. The methodology presents an exploratory research of technological platforms of information. It is noticed that its use increases tourism, favoring the culture and history of the region, besides promoting accessibility, reducing the social and physical barriers. The technology helps to preserve and disseminate the historical importance of the site. New information media has influenced and has increased the tourism, stimulating the local trade, and also it encourages the preservation of historical heritage. The approach of historical study of the region / country has great potential for increasing interest in historical architecture and culture.


Author(s):  
C. Morganti ◽  
C. Bartolomei

<p><strong>Abstract.</strong> The article deals with the topic of Historic Building Information Modeling (H-BIM) applied to the historical architecture of an urban park within the Itabashi district of Tokyo. The document will address a methodological discussion concerning the construction of parametric models of historic buildings in the park starting from laser scanner. The research is prompted by the modern need to have databases full of exhaustive information, through which we can preserve the historical heritage present in the Japanese reality, monitoring the conditions and planning the future. This work is carried out in collaboration with the Nihon University of Tokyo, the Alma Mater Studiorum University of Bologna, the Itabashi municipality and the Topcon industry. The work is preparatory for the development of the redevelopment project of the park, through the reuse of its buildings, the arrangement of the green and urban furniture pursuing the objectives of maintaining the historical memory of the place and its harmonization in the urban context, creating a further pole of attraction for citizens and visitors.</p>


Author(s):  
C. Santagati ◽  
M. Lo Turco ◽  
R. Garozzo

In recent years, there has been an increasing attention towards the use of the BIM (Building Information Modeling) approach in the cultural heritage domain. The stringent regulatory requirements in terms of BIM adoption in the field of public works in the short term will also have an impact on the historical heritage that characterises most European cities. However, when it comes to historical architecture, especially if it is in a state of ruin/abandonment, several critical issues arise. The first issue concerns the geometric simplification of architectural components provided by common commercial BIM platforms, that leads to search for other solutions. Another theme is the software interoperability, when sharing data between different platforms in order to enrich the digital model with not geometric information. Therefore, this research explores the concept of model tolerance and level of accuracy referring to a very complex architectural building. As case of study the church of Santa Maria delle Grazie in ancient Misterbianco (Sicily) has been chosen. The church was covered by the Etna eruption of 1669 and was recently brought to light during the excavations carried out by the Superintendence to Cultural Heritage of Catania. The state of decay of the church (warped floor, curved and out of lead walls, deteriorated altars and undamaged surfaces) makes it an excellent test bench on which to explore all the emerged criticalities, set up a feasible workflow and define a Level of Accuracy for complex or ruined architectural heritage.


2021 ◽  
Vol 7 (1) ◽  
pp. 171-184
Author(s):  
Maja Kozłowska

The administrative status of museum exhibits in the Spanish legal system The paper deals with the administrative status of museum exhibits in the Spanish legal system. The assumptions of the Spanish Historical Heritage Act of 1985, which regulates the status of BIC (bienes de interés cultural) cultural property (both movable and immovable) and various levels of protection depending on the category, were presented. The procedure of granting BIC status and the systems for cataloguing cultural property were also discussed. The system of protection of cultural property in Spain is highly decentralized, which also applies to the functioning of museums. The Spanish Autonomous Communities have extensive regional legislation regulating the above-mentioned issues. The article analyses regional regulations in this area based on the example of the autonomous community of Catalonia – on the basis of statutory regulations in the field of culture and cultural heritage and the Catalan Historical Heritage Act of 1993. This allowed for a comprehensive presentation of the complexity of the system of cultural property protection in Spain (at the state and regional level) and prompted reflection on the legitimacy and effectiveness of decentralized solutions in this area.


Lex Russica ◽  
2019 ◽  
pp. 45-53
Author(s):  
O. I. Barkova ◽  
V. A. Vlasov

The scientific novelty of the problem of protection of architectural heritage in the Russian Federation is that many of its aspects are of not only theoretical, but also practical significance. The preservation of historical memory is becoming increasingly popular in our country, where, till recently, utilitarianism and pursuit for endless renewal have prevailed. It has been realized that every object of national cultural and historical heritage, regardless of the aesthetic effect and form of ownership, belongs to all the people of present and future generations. Every individual has the right to cultural property. A comparative method in cultural and protection activity is extremely relevant, since different countries have different stereotypes of assessment of tengible heritage. The authors have determined the regularities of different evaluations of similar phenomena, in connection with which carriers are assigned to two types of cultures. A methodological basis of the study includes the following theoretical provisions: «self-sufficient» communities are communities that thoroughly examine and fit each artifact into the mosaic of the existence of the community; «less self-sufficient» communities recognize their legacy as flawed, i.e. «ugly» physically and spiritually disabled, which «helps» part with them easily. On the example of the city of Krasnoyarsk the authors provide for the analysis of facts allowing to consider the second opinion «inspired» and subject to correction. This case as a phenomenon of the legal field manifests itself as a conflict of private and public interests, which requires its resolution. In order to find the most effective model of organization of the state apparatus and formation of legislation in the field of culture, it is necessary to use the method of state legal modeling. The conclusions of the authors are accompanied by recommendations, assessments, and proposals of practical importance.


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