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.
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References
Soderland, H. A. (2010). Law as (In)compatible Interlocutor in Sustainable Heritage Governance: appraising jurisprudential universality as heritage management tool. In R. Amoêda, S. Lira, & C. Pinheiro (Eds.), Heritage 2010: Heritage and Sustainable Development (volume 1) conference proceedings; the 2nd International Conference on Heritage and Sustainable Development (pp. 265–269). Barcelos, Portugal: Green Lines Institute for Sustainable Development.
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage (1972). http://whc.unesco.org/en/conventiontext. Accessed 28 Apr 2012.
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage: States Parties: Ratification Status (1972). http://whc.unesco.org/en/statesparties. Accessed 28 Apr 2012.
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (2003). http://unesdoc.unesco.org/images/0013/001325/132540e.pdf. Accessed 28 Apr 2012.
Acknowledgement
This chapter expands upon the formal presentations given at the 2011 annual meetings of both the Society for American Archaeology (SAA) and the European Association of Archaeologists (EAA) as part of an ongoing SAA–EAA collaborative initiative vis-à-vis cultural heritage. The 2011 SAA forum, Cultural Heritage Management and Archaeological Research in the Americas and Europe: A Forum on SAA and EAA Collaboration, organized by Peter F. Biehl and Douglas C. Comer, was co-sponsored by the SAA Heritage Values Interest Group and the International Scientific Committee on Archaeological Heritage Management (ICAHM) of the International Council on Monuments and Sites (ICOMOS). The 2011 EAA session, The EAA–SAA Roundtable: Teaching and Researching Heritage–Outreach and Identity, was organized by Eszter Bánffy, Peter F. Biehl, Douglas C. Comer, and Christopher Prescott.
Furthermore, the foundation of this chapter derives from a paper presented in 2010 at the 2nd International Conference on Heritage and Sustainable Development in Évora, Portugal. The paper, Law as (In)compatible Interlocutor in Sustainable Heritage Governance: Appraising Jurisprudential Universality as Heritage Management Tool, was published in the conference proceedings by the Green Lines Institute for Sustainable Development (as cited in the reference list). The Green Lines Institute has permitted its republication subject to this attribution and acknowledgement. This chapter, Heritage Values, Jurisprudence, and Globalization, represents an expansion of that publication and, in particular, is influenced by the dialogue fostered by the SAA–EAA collaborative initiative.
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Soderland, H.A. (2013). Heritage Values, Jurisprudence, and Globalization. In: Heritage in the Context of Globalization. SpringerBriefs in Archaeology, vol 8. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-6077-0_2
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DOI: https://doi.org/10.1007/978-1-4614-6077-0_2
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