32503 - Law and the Arts

Learning outcomes

Student is expected to get the fundamental notions of the of cultural heritage legislation on protection and circulation. In particular, the student is expected to understand the relationship between legal rules and the cultural heritage protection and circulation disciplines, to learn about the different legal systems and the tools they use to protect the cultural heritage. The student is going to learn the fundamental principles of the international law on cultural heritage, of the EU legislation and he is going to analyse  national disciplines on cultural heritage, outlining th similraties and differences.

Course contents

• Notions of principles of law (legal rule, legal systems, property regimes)
• Definition of cultural heritage, cultural good, cultural object, cultural property
• The Cultural Heritage Protection in the international and EU legislation
• The Cultural heritage circulation in the international and EU legislation
• National Cultural Heritage policies and laws
• Repatriation and restitution disciplines

Readings/Bibliography

Slides will be sent before the beginning of the Course to integrate and support the following readings:

Compulsory reading:

C. Forrest, International Law and the Protection of Cutlural Heritage, Routledge, 2010: Chapters 1, 2, 3, 4, 5, 7, 8

Voluntary readings

D. Gillman, The idea of cultural heritage, Cambridge University Press, 2010, part I, ch. 1 and 2 (pp. 9-62); part. III, ch. 5 (pp. 141-173)

J. A. R, Nafziger, R. Kirkwood Paterson, A. Dundes Renteln, Cultural law, Cambridge University Press, 2010, sections 2, 3, 4, 5 and 6

Teaching methods

Frontal lessons

Class discussions on cases

Assessment methods

Attendance of at least 70% of lectures is compulsory. Students who will not comply with this prescription, will have to attend the Course again the following academic year. Exceptions are allowed in extraordinary cases (ex. illness) and must be previously agreed with the instructor who will assign further materials

Assessment methods:

1) Students are required to prepare 4 written essays (of no more than 1500 words excluding footnotes and bibliography). The essays will be on topics previously discussed during lectures. The handing out of the essays will be decided at the beginning of the lectures.

2) Written exam consisting in the solution of a case. Students will be given 2 hrs to complete the test

The final grade will be based upon:

20% class participation

40% on the written papers 

40% on the final written exam which will consist on the solution of  case.

Class participation is evaluated taking into account the following criteria: (i) attendance (ii) punctuality; (iii) participation and involvement in the class discussions.

Cheating on attendance or during the written test and plagiarism in the drafting of the papers will affect the final grade. 

Teaching tools

Legislation and cases analysis

Office hours

See the website of Maria Giulia Roversi Monaco