Prawna ochrona dziedzictwa kultury w Japonii – zarys tematyki

Abstract

The authors of this article undertake a general discussion of the legal protection of Japan’s cultural heritage. They begin their reflection with the issue of comparative legal studies, treating it as a determinant of the direction and scope of legal analysis of the cultural property protection in Japan. However, their main focus are three issues. These are: the history of legal protection of the cultural heritage against the background of the formation of modern Japanese law, the subject of protection and its categories according to the Japanese Act of 30 May 1950 on the Protection of Cultural Property, and the empirically significant aspect of conservation theory concerning the issue of the authenticity of a historic substance in relation to Japan. The authors end their analysis of the legal history of the protection of Japan’s cultural heritage with a discussion of the 1950 Law, which (amended) still remains in force. The curious practice of monuments conservation in Japan related to the understanding of the authenticity of a historic substance by the Japanese is addressed by the authors in the last part of the article.