DALLE COSE D’ARTE ALL’INTANGIBLE CULTURAL HERITAGE PERCORSI DI “DEMATERIALIZZAZIONE†(ANCHE) GIURIDICA

Abstract

In the history of (not only national) law protection of cultural heritage,“immateriality†acquires specific significance with regard to at least two perspectives.From one “static†side, which is coessential to “cultural goodsâ€: the intrinsic aestheti-cal-cultural value, detectable since the origins at least in its identity declination. Fromthe other “dynamic†side, typical of the contemporary age: the progressive extension togoods without a corpus, tangible substance, of the category of “cultural goods†consid-ered worth of protection (in a de-reification direction). Both of these two profiles havesignificant impacts on the juridical sphere, in particular on the normative choices aimedat the (national and global) cultural heritage protection. There’s a major example of thisrelevance: the so called “intangible cultural heritage†shaped at an international level(UNESCO), whose safeguarding should be included among the aims of the human rights protection, sharpening the dialectic between individual and collective dimen-sions of “cultural rightsâ€.