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Legal Issues in Cultural Heritage Management

A Polish Perspective

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Alicja Jagielska-Burduk and Wojciech Szafrański

This book presents the legal institutions involved in cultural heritage protection from a Polish point of view. Its authors set out the legal framework of cultural management in the context of private and public law. They analyse the Anglo-Saxon concept of trusts, fideicommissum set up by aristocratic families and, in the Polish legal system, foundations and property law. The authors research these institutions in terms of their ability to secure valuable cultural property selected for its artistic, historic and cultural qualities and of their effectiveness in doing so. They also outline a model of economic heritage management putting forward proposals for its future operation.

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I. “The economics of cultural heritage protection Law” or the Loch Ness Monster

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I.  “The economics of cultural heritage protection law” or the Loch Ness Monster

It happens very rarely that arguments related with law, economics or cultural heritage arouse the interest among those who are not professionally involved in them. The creation of economic models or the refining of legal concepts can be as boring to the average reader or listener as the fourth hour of a guided tour in a museum. Each of these disciplines not only uses its own hermetic language but also implies a starting point which is not accepted by other disciplines that assume different points of view. Each discipline is quite sensitive about its assumptions and keen to point out mistakes made by researchers from other disciplines. For example, economists sharpen their knives and become quite sensitive about the use of terms such as economy and the economics of culture.1 Lawyers, in turn, are sensitive about the conceptual ranges of terms such as monument, cultural property or heritage. There are numerous recurring questions e.g. what is heritage management? Can it be distinguished from culture management and, if so, how, etc.?

The situation gets even worse when one tries to combine the three elements and create something in the nature of “the economics of cultural heritage protection law”, a kind of hybrid in which both the assumptions, arguments and conclusions ought to take into consideration the fact that all these elements permeate each other. The hybrid could be compared to...

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