32503 - Law and the Arts

Learning outcomes

Student is expected to get the fundamental notions in the legislative evolution and current setting of cultural heritage and cultural activities. In particular, the student is expected to understand: - the principles - the legislative power - ministerial action and the various subjects - cultural activities - artefacts - resources.

Course contents

• Notions on the main principles of law (legal rule, sources of law, interpretation rules)
• International and national legal systems
• International law main principles (pacta sunt servanda, Vienna Treaty, etc.)
• Common law and civil law main features and differences
• Legal definitions of movables and immovables
• Legal definitions of cultural heritage, cultural good, cultural heritage, cultural property
• Legal definitions of cultural heritage preservation, protection and circulation
• Property national disciplines on the circulation of movables
• Cultural heritage goods and assets national disciplines on circulation (immovables listing, permits of export, duties of preservation)
• UNESCO: role, rules, functions
• Treaties: The Hague 1907-1954-1999; UNESCO 1970, World cultural and natural heritage Convention 1972; BASEL 1991, UNIDROIT 1995, UNESCO Convention on the intangible cultural heritage 2003
• 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: cultural nationalism and cultural internationalism: the Elgin Marbles case
• Legal definition of national treasure: overview of the international rules and analysis of national disciplines (Waverley criteria)
• Law and moral: cultural heritage protection in war time; looting and the protection of culture as a human right; the Nazi policy of cultural heritage looting (cases: Altmann, Menzel) ; the protection of the cultural heritage as a binding duty of the State (the destruction of Bamiyan Buddhas)
• International and domestic repatriation and restitution disciplines (cases: Schultz, Autocephalous Church of Cyprus): rules concerning the illicit trade and the illicit export of cultural heritage goods
• Intangible Cultural Heritage definition and main international legal rules (UNESCO 2003)

Readings/Bibliography

R. Wacks, Law - A very short introduction, Oxford University Press, 2015

M. E. Jones, Art law - A concise guide for artists, curators and art educators, Rowman & Littlefield, 2016

Teaching methods

Frontal lessons

Discussion of 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 1 written essay working in team. The handing out of the essays will be decided at the beginning of the lectures. The essays will be presented by each team during the last week of lectures. The essay topics will be posted on AMS Campus during the first week of 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 assessed 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.

Slides will be provided on AMS CAMPUS.

Office hours

See the website of Maria Giulia Roversi Monaco