Fundamentals of cultural property law and legislation

Course objectives

In line with the objectives of the degree program, the teaching aims to analyze the roots, notably Romanist of the system of legal protection of cultural property. Although the concepts of "cultural heritage" or "cultural property" are foreign to Roman legal experience, in Roman law, and in the jurisprudential elaboration developed over millennia, we find the basis of that collective, social and, finally, legal consciousness, by virtue of which the community reserves special protection for identity, cultural and/or aesthetic elements. In the course of the lectures, students will acquire the fundamentals of the main institutes pertaining to this elaboration, such as that of res publicae (in usu publico), res communes omnium, actiones populares and interdicta popularia, while also verifying how some of its cornerstones persist even in contemporary reflections relating to the management of public heritage, particularly cultural heritage. Similarly, within the framework of the teaching it will be possible to analyze the regulatory interventions of republican and imperial institutions aimed at safeguarding urban decorum, the natural environment, and the agrarian context; interventions that, in addition to sometimes still proving relevant in their informing principles, conceal a valuable balancing effort between the interests of individuals and those of the community. Alongside them, the emergence of figures deputed to safeguard the aesthetics, ornamentation, functionality and healthfulness of urban and nonurban places will shed light on the tasks entrusted to them, and on the evolution of the instruments of care and protection of assets relevant to the community. Thanks to the knowledge acquired in the course of the lectures, students will be able to grasp the fundamental points of the evolution of the system of protection accorded to the field of culture-which, starting from the Roman experience, will be projected with new impulses into the Middle Ages and the modern age, finally acquiring its present form-by fully understanding its rationality and reasonableness, as well as its informing principles.

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Program - Frequency - Exams

Course program
The course is structured in three fundamental parts. 1) In the first general part, which provides an overview of Roman legal experience, the main aspects of Roman legal history will be discussed; the different phases of Roman institutional history will be addressed, with particular attention to the development of legal institutions that are fundamental to the rest of the course. 2) The second part will focus on the legal regime of res publicae in Roman law, analysing whether and to what extent it provided fertile ground for the subsequent development, by the Romans, of a “cultural consciousness” and the related early legal instruments for the protection of art, decorum and aesthetics. 3) In the third part, multiple cases of legislative and jurisprudential intervention aimed at safeguarding and promoting culture in the Roman world will be examined; the analysis of historical, legal and epigraphic sources will reveal the progressive formation of the “cultural consciousness” of the Romans, their increasing attention to cultural phenomena and the consequent creation of specific instruments of protection.
Prerequisites
No previous exams need to be passed in order to attend the course. Students with a background in humanities are advised to have a general knowledge of Roman history; students with a background in law and economics are advised to have a basic knowledge of general legal theory.
Books
- F. Fasolino (a cura di), La tutela dei ‘beni culturali’ nell’esperienza giuridica romana, 2020. - M. Melone, Res publico usui destinatae. I beni di interesse pubblico a Roma, 2024 (excerpts on e-learning platform). Additional readings, slides and further material will be indicated during the lessons and made available on the e-learning platform.
Frequency
Attendance at the course is not compulsory, but strongly recommended. For information on attendance requirements for mainly distance learning courses, please refer to the ‘svolgimento’ section.
Exam mode
Passing the examination is subject to completion of an oral examination on the topics covered in the course and in relation to the recommended teaching materials.
Lesson mode
The course is mainly delivered remotely. Distance learning includes 24 hours of asynchronous lessons (24 lessons of 30 minutes each, available on the e-learning platform) and 12 hours of synchronous lessons, according to the schedule set by the teacher. In addition to the above activities, there are 18 hours of interactive activities, also delivered remotely, consisting of forums, exercises, debates and in-depth discussions. Exams can only be taken in person at the Faculty of Law.
  • Lesson code10615994
  • Academic year2025/2026
  • CourseLaw, administration and management of Cultural Heritage
  • CurriculumSingle curriculum
  • Year2nd year
  • Semester1st semester
  • SSDIUS/18
  • CFU9