La «pazienza della terra»: dai percorsi di dominio all'incontro nel cammino. Viaggio letterario nel diritto del patrimonio culturale

Translated title of the contribution: [Autom. eng. transl.] The "patience of the earth": from the paths of domination to the encounter on the way. Literary journey in the law of cultural heritage

Research output: Contribution to journalArticlepeer-review

Abstract

The conservation, protection and passing to future generations of the cultural heritage received from the past has known a huge increase in both national and international regulation since at least the beginning of the Twentieth Century. Currently, issues such as cultural property trafficking and the return and restitution of cultural objects illegally (or ‘unjustly’) taken away from their places of origin are of ever increasing relevance in the political and legislative agenda of many countries and international organizations. In this essay, we explore how a ‘Law and Literature’ – or, better, a ‘Justice and Literature’ – approach to cultural heritage law could benefit the ongoing debate, which involves, besides very complex legal issues, also deeply rooted and multifaceted symbolic implications of historical, political and socio-economical import and topicality. By discussing some relevant examples of Eighteenth and Nineteenth Century travel literature and narrative, this article suggests the importance of ‘contextualization’ for a ‘just’ solution of conflicts arising from ‘crimes’ against cultural heritage, and how a more ‘narrative’ approach to said conflicts could pave the way for a successful application of alternative dispute resolution techniques and, more specifically, restorative justice programmes, to questions of repatriation of cultural objects.
Translated title of the contribution[Autom. eng. transl.] The "patience of the earth": from the paths of domination to the encounter on the way. Literary journey in the law of cultural heritage
Original languageItalian
Pages (from-to)156-202
Number of pages47
JournalJUS
Volume2019
Publication statusPublished - 2019

Keywords

  • Alternative Dispute Resolution
  • Colonial past
  • Context and meaning
  • Criminal Law
  • Cultural Heritage Law
  • Cultural property
  • Decolonization
  • Justice and Literature
  • Law and Literature
  • Restorative Justice
  • Return, restitution and repatriation
  • Tourism
  • crimes against cultural heritage
  • crimini contro il patrimonio culturale
  • cultural property trafficking
  • decolonizzazione
  • diritto del patrimonio culturale
  • diritto e letteratura
  • diritto internazionale
  • diritto penale
  • giustizia e letteratura
  • giustizia riparativa
  • metodi alternativi di risoluzione delle controversie
  • restituzione di beni culturali
  • traffico di beni culturali

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] The "patience of the earth": from the paths of domination to the encounter on the way. Literary journey in the law of cultural heritage'. Together they form a unique fingerprint.

Cite this