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.
Highlights
Liberalism Versus CommunitarianismThe 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. 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
Liberalism and communitarianism, despite their differences, are useful lens through which to consider law and its functions within contemporary society. This begs the question as to what is their approach to the cultural heritage law and practice
Summary
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. The liberalism advocates for the principle of priority of individual rights and freedoms over the common good (the so-called in dubio pro libertate). This has the impact on liberal scepticism towards any group rights or collective rights. They are sceptical whether communitarians certainly can guarantee the protection of equal rights for all citizens This is a challenging problem and political theorists endeavour to better explain the relation between both individual and community or more broadly between universalism and particularism. Kymlicka thinks that individuals exercise freedom only through their moorings to the societal culture, and that this fact should lead liberals to take a moral interest in cultures” [9, p. 181]
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