La costruzione giuridica del paesaggio: un patrimonio immateriale tra territori, identità e cultura

The essay examines a ‘cultural’ reading of the landscape and its processes of creation, management, enhancement, and transformation. The merits of a reading of landscape in terms of ‘cultural heritage’ will be put under scrutiny, as will the framing of its nature in a ‘material’ or ‘immaterial’ sense. This will be done with critical attention to Italian national legislation (from the genesis of Article 9 of the Constitution to the Legislative Decree n. 42/2004, the so called “Code of Cultural Heritage and Landscape”), and to international regulations (such as the 2000 European Landscape Convention, the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, and the 2005 Faro Convention on the value of cultural heritage to society). In a logical path that will bring to light the plain cultural dimension of the landscape as a tool of law, fundamental will be its connotation in an ‘identitarian’ and ‘participatory’ sense.