23899 - Law of Cultural Heritage

Learning outcomes

At the end of the course, students acquire the knowledge of state legislation concerning the protection and enhancement of cultural heritage, with particular regard to the organization of the Ministry for Cultural Assets and Activities and the provisions contained in the Code of Cultural Heritage and Landscape (Legislative Decree January 22, 2004, n. 42).

Course contents

The course offers a historical reconstruction of the legal protection of cultural heritage, tracing a diachronic line from Republican Rome (6th–1st cent. BC) to the UNESCO Conventions of the 21st century. It shows how key concepts and public-law institutions have gradually evolved into today’s Italian Cultural Heritage and Landscape Code. Throughout the programme, particular emphasis is placed on the development of public ownership and cultural interest, understood in light of the public function of heritage, the principle of subsidiarity and the legal constraints designed to secure collective conservation and enjoyment.

No prior legal knowledge is required; basic notions are introduced and reinforced progressively during the course.

The course is organised into three sequential modules.

The first, historical in scope, traces the development of cultural-heritage protection from its earliest roots in the Roman Republic’s notion of res publica, through the initial ecclesiastical safeguards and the pontifical regulations of the early modern period, and culminates with the landmark Italian statutes of the twentieth century—Rosadi (1902), Nasi (1909) and Bottai (1939).

The second module addresses the contemporary constitutional and administrative framework. It examines Article 9 of the Italian Constitution, the reform of Title V and the respective roles of regions and private actors, before analysing the structure of the Ministry of Culture. Particular attention is given to the legislative milestones from the 1999 Consolidated Text to the 2004 Cultural Heritage and Landscape Code, with a focus on the principal procedures governing protection and enhancement.

The third module adopts an international perspective, presenting the supra-national principles that shape heritage law, the political and legal role of UNESCO and the key instruments applied in situations of armed conflict. Recent case studies of intentional destruction and illicit trafficking provide a practical lens through which students assess the effectiveness of these global norms.

Readings/Bibliography

Attending, working, and athlete students

All lecture slides, PDFs and Kindle files are available on the course page of virtuale.unibo.it. Notes taken in class and the slide deck must be supplemented with the following text:

A. Roccella (2025), Legislazione dei beni culturali, Cacucci, Bari.

Attending, working and student-athlete may, in agreement with the course instructor, replace specific sections of the handbook with topics of personal interest, to be explored in greater depth. This option normally entails writing an elaborato scritto (short paper), which will be discussed during the oral examination together with the remaining parts of the syllabus (see Assessment methods).

Non-attending students

M. Ainis – M. Fiorillo (2022), L’ordinamento della cultura. Manuale di legislazione dei beni culturali, Giuffrè, Milano (chapter XII – “Il paesaggio”, pp. 237-248, is excluded)

Introductory / optional further reading

Recommended for anyone wishing either to gain preliminary familiarity with the subject or to explore it in greater depth:

F. Fasolino (ed.) (2020), La tutela dei “Beni culturali” nell’esperienza giuridica romana, Wolters Kluwer, Milano, pp. 223.

Teaching methods

The course will be delivered through lectures and seminars supported by IT tools (slides, internet resources, Moodle) and by handouts progressively made available on the website https://virtuale.unibo.it/.

Students will be encouraged to take an active part in the classroom activities.

Assessment methods

ATTENDING STUDENTS

“Attending students” are those who take part in at least 70 % of the lectures. Attendance is verified by the lecturer using the procedure explained in class.

The final assessment consists of an oral examination on the topics listed in the “Programme / Contents” section.

Attending students may replace parts of the syllabus with the study of course materials made available by the lecturer (see “Teaching methods”).

This option is agreed during the course for attending students and, for working students who cannot attend, by prior arrangement (in office hours or by e-mail) with the lecturer.

Parts of the syllabus may also be replaced by writing a short essay (minimum 5 pages).

The topic must be approved in advance by the lecturer (see the bibliography section for attending students).

The essay must be submitted one week before the oral exam.

The lecturer will return the essay with any required additions or corrections; the student must incorporate these changes in the final version.

Essays must follow strictly the “Writing guidelines” file uploaded on Virtuale (section “Materials for the written exam”), especially as regards footnotes.

If the essay is approved, its contents become an integral part of the oral exam. The student will be questioned on the essay and on the other parts of the syllabus agreed with the lecturer.

Grading criteria for attending students (and working students who submit an essay)

• Fail: serious gaps in basic knowledge; inability to interpret texts (including the essay) or issues discussed.
• Pass (18-22): minimal knowledge of exam materials, slides, notes and (where applicable) essay; generally correct interpretation, though imprecise and lacking autonomy.
• Good (23-27): intermediate knowledge; correct but not always precise or autonomous interpretation; limited analytical skills; mainly rote learning, including the essay.
• Excellent (28-30 L): organic understanding of the topics, used critically and thoughtfully; precise, specialist vocabulary.

NON-ATTENDING STUDENTS

The oral exam covers the topics listed in “Programme / Contents” and the books indicated in the section “Required texts / Bibliography”.

Grading criteria for non-attending students

• Fail: major knowledge gaps, inappropriate language, lack of orientation within the bibliography.
• Pass (18-22): minimal knowledge of the bibliography; generally correct interpretation, though imprecise and lacking autonomy.
• Good (23-27): largely mechanical or rote knowledge; weak synthesis and analysis; correct but not always appropriate language.
• Excellent (27-30 L): coherent, thorough understanding of the bibliography, critical evaluation, precise and appropriate language.

WORKING STUDENTS

Working students may submit a short essay (minimum 5 pages) after agreeing the topic with the lecturer (by e-mail or MS Teams).

The essay must be submitted one week before the oral exam.

Essays are corrected by the lecturer with indications for revision; the student must incorporate the required changes in the final version.

Writing must follow the “Writing guidelines” file on Virtuale → section “Materials for the written exam”.

If approved, the essay becomes part of the oral exam; the student will be questioned on the essay and on the agreed parts of the syllabus.

Working students may use the slides available on Virtuale to prepare for the oral exam.

Required readings are those listed in the “Texts / Bibliography” section.

STUDENTS WITH DSA / BES

Please refer to the information in the section “Teaching support tools” for students with Specific Learning Disorders (SLD) or Special Educational Needs (SEN).

GENERAL GRADING GUIDELINES

Level

Description

Fail

Insufficient knowledge; inability to interpret texts or problems correctly.

Pass (18-22)

Basic knowledge; generally correct interpretation with imprecision and limited independence.

Good (23-27)

Intermediate knowledge; correct but sometimes imprecise interpretation; limited analytical ability; mainly rote learning.

Excellent (28-30 L)

Comprehensive and critical understanding; ability to develop autonomous arguments; precise, discipline-specific language.

These criteria apply to attending students (including working students with an essay) and to non-attending students, with the distinctions outlined above.

Teaching tools

Additional teaching material and lecture presentations will be available on the online course web page.

Students with a specific learning profile or a temporary or permanent disability, may get in touch with the Student Disability and DSA Office as soon as possible: https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students . They will help identify any accommodations they may need.

To ensure any adjustments can be implemented in time, please submit your requests at least 15 days before the exam date to the course instructor. The instructor will assess the requests in light of the learning objectives and confirm the appropriate arrangements.

Students are warmly encouraged to contact the course instructor as early as possible—ideally at the start of the term—to co-design effective strategies for engaging with class activities and course materials.

 

Office hours

See the website of Federica Botti