New Trends in the Protection of Cultural and Natural Heritage
New Trends in the Protection of Cultural and Natural Heritage
Contributor(s): Piotr Dobosz (Editor), Witold Górny (Editor), Adam Kozień (Editor), Anna Mazur (Editor), Bartosz Mazurek (Editor)
Subject(s): Anthropology, Social Sciences, Cultural Anthropology / Ethnology
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: cultural and natural heritage; protection; scientific disciplines; cultural studies
Summary/Abstract: The book entitled New Trends in the Protection of Cultural and Natural Heritage is a collection of twelve scientific articles (chapters) authored by Polish and foreign researchers in the field of cultural heritage protection. Specializing in various scientific disciplines (including legal, architectural, managerial, cultural studies considerations) and at different stages of scientific development, the authors of the individual texts from either a casuistic (case studies) or systemic (studies of normative solutions or development trends) perspective analyze “new trends” in the protection of cultural and natural heritage.
- E-ISBN-13: 978-83-233-7390-2
- Print-ISBN-13: 978-83-233-5194-8
- Page Count: 244
- Publication Year: 2023
- Language: English
Unobvious Heritage: Issues of the Conservation of Dąbrowa Tarnowska’s Urban Layout
Unobvious Heritage: Issues of the Conservation of Dąbrowa Tarnowska’s Urban Layout
(Unobvious Heritage: Issues of the Conservation of Dąbrowa Tarnowska’s Urban Layout)
- Author(s):Dominika Kuśnierz-Krupa
- Language:English
- Subject(s):Social Sciences, Museology & Heritage Studies, Library and Information Science, Sociology, Rural and urban sociology
- Page Range:9-26
- No. of Pages:18
- Keywords:historical heritage; historical town; Dąbrowa Tarnowska; heritage conservation
- Summary/Abstract:This paper presents the issues of the conservation of Dąbrowa Tarnowska’s urban layout. The town is located in the Lesser Poland Voivodeship, around 15 km to the north of the city of Tarnow, Poland. It is a relatively small town, mostly forgotten, and sports a wellpreserved early-modern-period urban structure. The paper outlines the history and genesis of the town’s founding. It also characterises its urban layout, accounting for the state of preservation of its structure and current conservation measures. The conclusions section highlights the need to enter Dąbrowa Tarnowska’s urban layout into the register of historical monuments of the Lesser Poland Voivodeship as it is a case of a well-defined orthogonal structure planned towards the end of the seventeenth century following period regulations, which makes it an element of a historical period’s heritage and gives it historical value.
- Price: 4.00 €
Managing Cultural Heritage through Projects
Managing Cultural Heritage through Projects
(Managing Cultural Heritage through Projects)
- Author(s):Ewa Kozień
- Language:English
- Subject(s):Social Sciences, Sociology, Management and complex organizations
- Page Range:26-45
- No. of Pages:19
- Keywords:zarządzanie; projekt; zarządzanie projektami; dziedzictwo kulturowe
- Summary/Abstract:Celem artykułu jest dokonanie analizy zastosowania podejść i metod zarządzaniaprojektami w obszarze zarządzania dziedzictwem kulturowym.Nauki o zarządzaniu i jakości to młoda dyscyplina naukowa, mająca charakter interdyscyplinarny, o czym świadczy jej powiązanie z innymi naukami wychodzącymi poza dziedzinę nauk społecznych. Samo zarządzanie dotyczy wszystkich obszarowi działań związanych z aktywnością człowieka. Każde ludzkie działanie wymaga zarządzania. Zarządzanie jest nauką teoretyczną (poznawczą), a zarazem praktyczną (projekcyjną), gdzie związek teorii i praktyki jest nierozerwalny, co oznacza, że „[…] teoria w zasadzie wyrasta na gruncie praktyki. Praktyka stawia przed teorią pytania, ale i teoria żąda od praktyki wprowadzenia jej w życie” [Pytkowski, 1981, s. 25]. Zauważalna dynamika rozwoju nauk o zarządzaniu przejawia się poszerzeniem zakresu problemowego i ma wpływ na wyodrębnienie się wielu subdyscyplin. Jedną z nich jest obszar dotyczący zarządzania projektami. Naukowe podejście do zrządzania projektami początkowo dotyczyło realizacji projektów wojskowych, inżynierskich i budowlanych, a obecnie swym zasięgiem obejmuje wszystkie obszary działalności ludzkiej, również związane z szeroko pojętą kulturą, w zakresie zachowania i tworzenia dziedzictwa kulturowego z perspektywy utrwalania więzi międzypokoleniowej. To oznacza, że dorobek metodologiczny w zakresie zarządzania projektami może zostać wykorzystany w zarządzaniu dziedzictwem kulturowym zarówno materialnym, jak i niematerialnym. W prezentowanym artykule przedstawiono pogląd, zgodnie z którym należy wykorzystać naukowy i praktyczny dorobek nauki o zarządzaniu i jakości, w tym subdyscypliny zarządzania projektami, do ochrony i udostępnienia społeczeństwu materialnych i niematerialnych elementów dziedzictwa kulturowego z perspektywy rozwoju cywilizacyjnego oraz zachowania tożsamości społeczeństw. Celem artykułu jest dokonanie analizy zastosowania podejść i metod zarządzania projektami w obszarze zarządzania dziedzictwem kulturowym.
- Price: 4.00 €
Cultural Heritage of Ivano-Frankivsk Region: Problems of Protection and Preservation
Cultural Heritage of Ivano-Frankivsk Region: Problems of Protection and Preservation
(Cultural Heritage of Ivano-Frankivsk Region: Problems of Protection and Preservation)
- Author(s):Dmytro Dzvinchuk, Oleksandra Kachmar
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Administrative Law
- Page Range:47-65
- No. of Pages:19
- Keywords:cultural heritage; cultural heritage monuments; monuments of Ivano- Frankivsk region
- Summary/Abstract:The main problems of legal and institutional support for the protection and preservation of cultural heritage of Ivano-Frankivsk region are considered. The legal framework for public administration in the field of preservation and protection of national and local cultural heritage is analyzed. Among the most acute problems are the financing of culture on a residual basis and the catastrophic underfunding of many national, regional and local programs in the field of culture; existing legal conflicts in the legislation in the field of culture; institutional and personnel problems. Positive trends in the development of the cultural heritage sector in recent years have been identified and ways to solve existing problems have been outlined, taking into account the possibilities of project management and cross-border international cooperation.
- Price: 4.00 €
Art Crime: Case Studies
Art Crime: Case Studies
(Art Crime: Case Studies)
- Author(s):Ricardo A.D. Neves
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Fine Arts / Performing Arts, Museology & Heritage Studies, Library and Information Science, Criminal Law, Sociology
- Page Range:68-80
- No. of Pages:14
- Keywords:art crime; art fraud and forgery; the Malskat case, the Giacometti case; theBeltracchi case
- Summary/Abstract:The main objective of this research is to bring to light a suitable academic response tothe following questions: How does art criminality manifests itself? What lessons can belearned from known art forgery and art fraud cases in order to better prevent and enforcethis type of criminal endeavor? Art criminality is not a recent phenomenon and our globalized,boundless and fully connected society allows its immense potential for expansion,generating ubiquitous damages. This article will analyze, assess and establish some legaland doctrinal foundations of art crime and of some worldwide known cases. Knowledgesfrom different sources were obtained: books and doctrine, media and internet-basedsources and scientific articles from experts in this field. The first chapter brings forth basicdefinitions and doctrine on art crime and its transnational tentacles. The second andmain part analyzes famous and specific art fraud and forgery cases and their intricacies.The last part presents conclusions based on cases previously analyzed in order to betterprevent and enforce this very specific form of illegal practice.The main objective of this research is to bring to light a suitable academic response tothe following questions: How does art criminality manifests itself? What lessons can belearned from known art forgery and art fraud cases in order to better prevent and enforcethis type of criminal endeavor? Art criminality is not a recent phenomenon and our globalized,boundless and fully connected society allows its immense potential for expansion,generating ubiquitous damages. This article will analyze, assess and establish some legaland doctrinal foundations of art crime and of some worldwide known cases. Knowledgesfrom different sources were obtained: books and doctrine, media and internet-basedsources and scientific articles from experts in this field. The first chapter brings forth basicdefinitions and doctrine on art crime and its transnational tentacles. The second andmain part analyzes famous and specific art fraud and forgery cases and their intricacies.The last part presents conclusions based on cases previously analyzed in order to betterprevent and enforce this very specific form of illegal practice.
- Price: 4.00 €
The Principle of Access to Cultural Heritage in Relation to Intellectual Property Law: The Challenges in the post-OVID World
The Principle of Access to Cultural Heritage in Relation to Intellectual Property Law: The Challenges in the post-OVID World
(The Principle of Access to Cultural Heritage in Relation to Intellectual Property Law: The Challenges in the post-OVID World)
- Author(s):Małgorzata Węgrzak
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Civil Law
- Page Range:81-98
- No. of Pages:18
- Keywords:cultural heritage law; cultural heritage; intellectual property law; artificial intelligence; digitization; principles of law
- Summary/Abstract:The aim of this paper is to discuss the connections between cultural heritage and intellectualproperty law and their challenges in the post-crisis environment. In view of the newdigital possibilities in particular in accessing, preservation, safeguarding and popularizationof cultural heritage the intellectual property-related issues raise challenges. The author argues that achievement of the new technology in cultural heritage andcultural industries requires balance between development of digitization and providingthe access to culture and necessity of respecting the intellectual property rights. The searchfor a compromise between the public interest and the rights of creators falls within thedebate between liberalism and communitarianism and affects the approach to culturalheritage law. The most important is to ensure that new technologies and artificial intelligence(AI) will safeguard rather than threaten human rights, fundamental principles andcultural values.
- Price: 4.00 €
The Role of Tax Exemption with the Tax on the Means of Transport in the Context of Cultural Heritage Protection as an Example
The Role of Tax Exemption with the Tax on the Means of Transport in the Context of Cultural Heritage Protection as an Example
(The Role of Tax Exemption with the Tax on the Means of Transport in the Context of Cultural Heritage Protection as an Example)
- Author(s):Natalia Kozłowska
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Law on Economics, Administrative Law
- Page Range:99-115
- No. of Pages:17
- Keywords:Tax; tax law; tax exemption; tax on means of transport; historic vehicles
- Summary/Abstract:The main function of taxation is the fiscal function, i.e. collection of financial resources. Apart from that, there are also regulatory and stimulating factors that matter. Taxes, which interfere with the property sphere of the society, should be consistent with the Constitution of the Republic of Poland and imposed only by a statute. Tax regulations should ensure proper functioning of the state (taxes provide the majority of state budget revenue), and take into account other values at the same time. In this respect, it is worth mentioning, among others, two principles which guide tax regulations, i.e. the principle of universality and the principle of equality of taxation. However, it is not possible for all entities within the scope of interest of a given tax law to be taxed in the same way, so an important construction of tax law are subjective and objective exemptions. Exemptions cause that a certain subject or object of taxation is excluded from taxation. Such situation belongs to exceptions and the legislator, while establishing such legal solutions, should be guided by strictly defined rules. Taking into account the objectives and values that affect the decisions of the legislator, tax exemptions are bound to affect many aspects of social, cultural and economic life. The article aims to analyze the construction of tax law, which is the tax exemption, in terms of whether it can affect the protection of cultural heritage. The above will be based on the interpretation of the provisions of the tax on means of transport, particularly in the field of movable monuments, which are historic vehicles.
- Price: 4.00 €
The Crystallization of the Derivation of Subjective Rights in Environmental Protection in Culturally mportant Areas: On the Example of a Commentary to the Judgment of the Supreme Administrative Court of March 15, 2018, II FSK 3579/17
The Crystallization of the Derivation of Subjective Rights in Environmental Protection in Culturally mportant Areas: On the Example of a Commentary to the Judgment of the Supreme Administrative Court of March 15, 2018, II FSK 3579/17
(The Crystallization of the Derivation of Subjective Rights in Environmental Protection in Culturally mportant Areas: On the Example of a Commentary to the Judgment of the Supreme Administrative Court of March 15, 2018, II FSK 3579/17)
- Author(s):Marta Drachal
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Environmental interactions, Administrative Law
- Page Range:117-138
- No. of Pages:22
- Keywords:environment; culture; health protection; individual rights; local law
- Summary/Abstract:This article indicates the possibility of shaping legal interest and subjective rights in the implementation of environmental protection in culturally major areas. Today the analysis of the concept of subjective rights significantly goes beyond its dogmatic understanding characteristic of civil law. The development of science and objective observation of the surrounding world set the directions for the occurrence and application of the subjective law in administrative law and environmental law, nature protection law and monument protection law [Agopszowicz, 1975, p. 54]. Therefore, where we are talking about constitutional values or those reasonably derived from the Constitution of the Republic of Poland, for their comprehensive protection it is necessary to try to define subjective rights in individual problematic cases. The correlation between the subjective right, public interest, private interest and the trial card creates a network of connections, especially visible in the confluence of values protected in areas such as historic health resorts. Environmental protection in historic or culturally major areas plays an important role, if only because of its auxiliary function in the protection of historic tissue. It is obvious that the mild climate changes as well as the analysis and predictability of the biochemical aspects of the environment affect the physical protection of the monument’s structure [Łebkowska, 2001, pp. 335–343; Murzyn-Kupisz, 2009].
- Price: 4.00 €
Preservation of Digital Cultural Heritage as a Legal Challenge
Preservation of Digital Cultural Heritage as a Legal Challenge
(Preservation of Digital Cultural Heritage as a Legal Challenge)
- Author(s):Aleksandra Guss
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Library and Information Science, Preservation, Sociology of Law, Administrative Law
- Page Range:139-153
- No. of Pages:17
- Keywords:cultural heritage; digital cultural heritage; copyright; monuments; digital works; museums; virtual museums; born digital
- Summary/Abstract:It cannot be denied that the development of the Internet has radically changed the way we live. A large part of information produced in the world is born digital. Culture is also transferred to the virtual ground. Currently, we are dealing with a situation where intensive technological development not only creates the possibility of protecting and preserving cultural heritage for the future, using a process of digitization of its objects, but also creates such heritage itself (digital heritage). The most recent cultural legacy, paradoxically to its young age, causes the most trouble. The Polish law does not keep up with technological development and does not provide for protective measures for the digital cultural heritage. The only form of protection for digital objects is copyright, which, however, focuses more on the protection of rights to them by the author than on their preservation. The article aims to present the issue of digital heritage and it is still widening scope, as a legal challenge, by analyzing the currently existing legal forms of its protection.
- Price: 4.00 €
Most Important Documents Regulating the Issue of the Restitution of Cultural Goods during World War II and Their Impact on the Development of Restitution
Most Important Documents Regulating the Issue of the Restitution of Cultural Goods during World War II and Their Impact on the Development of Restitution
(Most Important Documents Regulating the Issue of the Restitution of Cultural Goods during World War II and Their Impact on the Development of Restitution)
- Author(s):Anna Mazur
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Fine Arts / Performing Arts, History of Art, Administrative Law
- Page Range:157-172
- No. of Pages:16
- Keywords:looted art; principles of the restitution; restitution; World War II
- Summary/Abstract:During the war, numerous declarations were made to indicate the direction in which downward restitution should develop. The first legal act that comprehensively regulated the issue of restitution after World War II was the Law No. 59 (10 November 1947) on the restitution of identifiable assets in the American zone of occupation of Germany. Pursuant to it, in the course of the recovery proceedings, a presumption was used related to the confiscation, which could be rebutted by counter-evidence. Thus, the burden of proof was shifted to the owner of the cultural property, who had to prove that he had acquired the object legally and in accordance with bona fides. Subsequent legal acts regulating the restitution of cultural goods were of a more abstract nature and did not contain such detailed provisions. However, the issue of the restitution of cultural property after World War II is still a matter of law. The aim of the article is to look at what influence these acts had on the later development of restitution.
- Price: 4.00 €
The 3rd European Games: Stakeholders, Profitability, pportunities and Barriers
The 3rd European Games: Stakeholders, Profitability, pportunities and Barriers
(The 3rd European Games: Stakeholders, Profitability, Opportunities and Barriers)
- Author(s):Witold Górny
- Language:English
- Subject(s):Social Sciences, Sociology, Management and complex organizations, Sports Studies
- Page Range:173-184
- No. of Pages:14
- Keywords:European Games; stakeholders; Krakow; Malopolska
- Summary/Abstract:In 2023, the 3rd European Games will be held in Krakow and Malopolska. The upcominggreat sporting event in southern Poland has so far faced many formal and organizationalbarriers. The subject of the study is an attempt to answer the question – what groups ofentities can be perceived as stakeholders in the organization of this event and will its occurrenceprove profitable for them? The proposed analysis is based on the concept of themodel of participants in a sports event by Tommy D. Andersson and the mechanism ofthe great sports event of Marek W. Kozak.
- Price: 4.00 €
Legal Determinants of the Concept of Social Responsibility in the Protection of Cultural Heritage
Legal Determinants of the Concept of Social Responsibility in the Protection of Cultural Heritage
(Legal Determinants of the Concept of Social Responsibility in the Protection of Cultural Heritage)
- Author(s):Adam Kozień
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Administrative Law
- Page Range:187-208
- No. of Pages:22
- Keywords:social responsibility; administrative law; cultural heritage; law of cultural heritage
- Summary/Abstract:The issue of social responsibility is taken up in the literature on the subject, especially from the perspective of economics and management. It is related to the concepts of corporate social responsibility or, more broadly, corporate social responsibility. At the same time, the concept of social responsibility appears in considerations in the field of higher education in relation to the concept of social responsibility of universities. In both of these cases, it is indicated that the organization and its activities are related to social aspects, especially as they function in a specific society, thanks to it and for it. The issue of social responsibility can be viewed from the perspective of both internal, and therefore to what extent a given organization implements socially useful goals and tasks, and also from the external perspective, to what extent a given society supports the activities of a given organization. In this context, it is worth noting that the area related to issues of cultural heritage is strongly connected with society because it is society that creates, develops and passes on to the next generations of heritage, therefore the introduction of the concept of social responsibility in the context of cultural heritage seems particularly necessary and will contribute to a paradigm shift. social thinking about cultural heritageThe issue of social responsibility is taken up in the literature on the subject, especially from the perspective of economics and management. It is related to the concepts of corporate social responsibility or, more broadly, corporate social responsibility. At the same time, the concept of social responsibility appears in considerations in the field of higher education in relation to the concept of social responsibility of universities. In both of these cases, it is indicated that the organization and its activities are related to social aspects, especially as they function in a specific society, thanks to it and for it. The issue of social responsibility can be viewed from the perspective of both internal, and therefore to what extent a given organization implements socially useful goals and tasks, and also from the external perspective, to what extent a given society supports the activities of a given organization. In this context, it is worth noting that the area related to issues of cultural heritage is strongly connected with society because it is society that creates, develops and passes on to the next generations of heritage, therefore the introduction of the concept of social responsibility in the context of cultural heritage seems particularly necessary and will contribute to change a paradigm of social thinking about cultural heritage. The aim of the article is to analyze the possibilities of implementing the concept of social responsibility to issues related to cultural heritage, as well as to present the assumptions of social responsibility for cultural heritage.
Trade Mark Protection as a Creative Method of Indirect Monument Preservation Following the Ruling of The European Court of Justice
Trade Mark Protection as a Creative Method of Indirect Monument Preservation Following the Ruling of The European Court of Justice
(Trade Mark Protection as a Creative Method of Indirect Monument Preservation Following the Ruling of The European Court of Justice)
- Author(s):Dominika Tarasiuk
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Preservation, Law on Economics
- Page Range:209-221
- No. of Pages:15
- Keywords:trade mark; cultural heritage; a monument of motorisation; European Union law; Court of Justice of the European Union
- Summary/Abstract:The evolution of the cultural heritage protection law leads to the emergence of new methods of its protection. An example of such “new method” may be a trade mark protection as an indirect way to protect a monument. This method was developed as a result of the decision of European Court of Justice concerning protection of Testarossa trade mark. The importance of this ruling for the protection of cultural heritage is primarily expressed by the possibility of its universal application to goods that are in a similar situation to the Testarossa cars – old, well-known and associated with certain manufacturer. The indirectness of such protection is reflected in the fact that trade mark protection is not, as a rule, intended to protect monuments. However, the Court of Justice has, in this particular case, succeeded in applying it in such a way. The application of the European Union trade mark law in a manner that allows protection of the Testarossa car, not only as a marketable good, but above all as a historic automotive product, should definitely be viewed positively. For this reason the decision of the Court of Justice of the European Union discussed in the following article deserves attention.
- Price: 4.00 €
