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5 Ochrona Zabytków

5 Pruszyński J. P.

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"Ojczyzna dzieła sztuki : międzynarodowa ochrona integralności narodowej spuścizny kulturalnej", Halina Nieć, Warszawa-Kraków 1980 : [recenzja]

100%

Pruszyński J. P.

Ochrona Zabytków

1982

nr 1-2

133-134

A jednak pamiątka!

100%

Pruszyński J. P.

Ochrona Zabytków

1995

nr 1

109-113

In his article concerning basic terms applied in the protection of historical monuments such as: monuments or cultural property, the author had stressed the overwhelming value ascribed to objects from the past which preseve our memory. His most recent polemic with Dr M. Szmygin returns to this topic and indicates that our appreciation of artistic, historic and scientific merits should not lead to the neglect of the patriotic aspect which is the motor force of a majority of endeavours concerned with the protection of historical monuments. Hence the individual approach to objects of culture as well as the individual rights, obligations and responsibility which stem from individual interest in the preservation of memory; these fundamental interests are superior to their so-called social counterparts. The role of public administration in assisting, inspiring, supporting and controlling the protection of historical monuments is much more acceptable than steering „national culture”. Dr Szmygin was correct in maintaining that some keepsakes have lost thei value but it must be borne in mind that this process was very often the outcome of ideological manipulation conducted by historiography. Words, and even legal terms, are not decisive for the purposefulness of the protection of historical monument but ignoring them could render the individual attitude to historical monuments useless, and become an embarrassing inheritance of the once „leading ideology”.

Zabytek - pamiątka czy dobro kultury?

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Pruszyński J. P.

Ochrona Zabytków

1993

nr 3

261-264

Literature on the subject, legal acts as well as social consciousness have for all practicial purposes replaced the concept of „cultural property” with „historical monument”. These are by no means identical concepts although we can assume that every historical monument is part of cultural property. It is precisely historical monuments which according to the law of 1962 are subjected to legal protection! In a definition of this concept and its attitude towards the terms „relic and monument”, the author recalls that the most important for the historical monument, its protection and even its existence are not so much its connections with national culture, which is at times excessively permeated with ideological contents and treated instrumentally, but with people for whom, for various reasons (personal, scientific, artistic...) it remains a document of the past. The article also places emphasis on the fact that the term „cultural property” was for the first time applied in Nazi regulations formulated in the Third Reich (Reichskulturkammergesetz 1934) for ideological purposes. It is a metalegal concept from which future regulations should resign and return to a uniform employment of the historical term of a monument.

"Staat Kirche Recht. Rechtsfragen kirchlicher Kulturdenkmäler", Martin Heckel, Tübingen 1968 : [recenzja]

100%

Pruszyński J. P.

Ochrona Zabytków

1977

nr 1-2

Przestępstwo miastobójstwa? : projekt Konwencji Międzynarodowej AIDA

100%

Pruszyński J. P.

Ochrona Zabytków

1996

nr 1

45-51

In spite of the existing international regulations protecting the cultural heritage of mankind during wartime, the problem itself remains unsolved. Observing the atrocities of the Gulf War, the hostilities in Afghanistan and the recent war in Chechnya as well as former Yugoslavia we pay insufficient attention to the intentional destruction of cultural property. Taking these facts into consideration, the International Association of Art Law (AIDA) prepared a draft for an international convention against crimes known as: URBICIDE and CULTURAL GENOCIDE which, in fact, constitute wilful damage of monuments of national culture. The text, first discussed during an AIDA symposium held in Venice in September 1995, and then published in „AIDA News”, no. 7/1995, appears to be a particularly important effort to cease the unrestricted destruction of historic towns, temples, monastic complexes, museums and archives by means of increasingly efficient weapons. In a foreword to the translated text, the author recalls the premises of international conventions and expresses his conviction that the AIDA convention should become widely known in Poland, a country deprived of its cultural heritage during the second world war, where the convention should find, at the very least, strong moral support.