Liberalism Versus Communitarianism in Cultural Heritage Law
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Liberalism Versus Communitarianism in Cultural Heritage Law Kamil Zeidler1 · Magdalena Łągiewska2,3 Accepted: 6 October 2020 © The Author(s) 2020
Abstract The aim of this study is to investigate the important role of liberal-communitarian debate in cultural heritage law and politics. Derek Gillman in the book titled “The Idea of Cultural Heritage” stressed that “During recent decades, two parallel debates have occurred with respect to public policy and heritage”, and mentioned above is the second one, which “takes place between political philosophers, especially liberal and communitarian thinkers of various shades.” The following study brings attention to the external perspective. That is, these philosophical concepts which appeared beyond legal sciences, but they have the impact on both law and almost all aspects of social life. Liberalism and communitarianism, despite their differences, are particularly useful lens through which to consider law and its functions within contemporary society. Therefore, this begs the question as to what is their approach to the cultural heritage law and practice. While much has been written about liberalism and communitarianism, their impact on cultural heritage still remains shrouded in mystery. We do accept and stress that cultural heritage law is nowadays recognised as the multilevel legal instruments for safeguarding, protection, preservation and maintenance of cultural heritage, cultural property, or even cultural rights. It is not only “multilevel”, but also “multivalued”, and for that reason many theoretical and practical problems are noticed. Liberalism versus communitarianism is one of the most significant debate. As a result, the main aim of this article is to outline the influence of liberalism and communitarianism on cultural heritage law. Keywords Liberalism · Communitarianism · Cultural heritage · Hard cases · Cultural property
* Magdalena Łągiewska [email protected] Extended author information available on the last page of the article
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1 Introduction: Liberalism Versus Communitarianism The liberal-communitarian debate is one of the most significant debates in contemporary times. It has impact on different aspects of politics, economics and law. Taking this statement into consideration, the following article brings attention to the external perspective. In other words, it sets forth these philosophical concepts that appeared beyond legal sciences, but they have the impact on both law and almost all aspects of social life. Thus, a certain philosophy gives some suggestions on how to deal with economic, political and social problems. Among all philosophical concepts, liberalism and communitarianism, despite their differences, are particularly useful lens through which to consider law and its functions within contemporary society. In consequence, this begs the question as to what is their approach to the cultural heritage law and practice. While much has been written about liberalism and communitariani
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