Heritage Values, Jurisprudence, and Globalization

Abstract

Across the globe, “heritage” is a concept of rapidly increasing significance in the representation of past material cultures and landscapes. The myriad values imbued in “heritage” hold considerable importance in understanding how the past is constructed and construed in contemporary society. Within the context of current cultural debates of the past, law has come to be a global axis implemented to transcend conventional geographical, national, and methodological boundaries. The role of law holds increasing importance in heritage research, teaching, and management. Jurisprudence is a complex framework that informs an understanding of, and an identification with, heritage values. Thus, jurisprudence has become a customary, if not compelling, managerial tool.

Issues of ownership, title, standing, burdens of proof, evidentiary standards, and jurisdiction are just some of the elements through which law affects heritage. Yet, law is neither immune from history nor contemporary circumstance. Indeed, it is inflected by and, in turn, reflects upon tenets central to heritage politics, practices, and values. Examining how legality engages constructs of identity is fundamental to an understanding of contemporary policy formation, the viability of partnerships, and the socio-politics of the past.

This chapter appraises the universality of law as a governing apparatus. It questions the extent to which specific concerns and priorities—at the nation-state, regional, or local level—affect legal efficacy, adherence, implementation, and enforcement. In so doing, it posits the tenets of “heritage” within a regulatory rubric cognizant of practical realities that not only critiques law’s limitations for stewardship but also advances its possibilities for future sustainable heritage governance.