The principles of cultural heritage law based on the polish law as an example

Abstract

The aim of this paper is to discuss the principles of cultural heritage law with a double perspective: Under the lights of the philosophy and general theory of law and under the influence of the Polish legal vision. Among the whole set of legal norms, principles of law are of particular importance. The attribute that gives a legal norm the status of a principle is its importance for the legal system. In this paper the international, European and domestic principles of cultural heritage law in force in Poland will be discussed. With reference to the methodology, the research was undertaken at several levels, corresponding to the chapters of the papers. The conceptual apparatus of public and private law has mainly been used. The methodology adopted on the basis of the general theory and philosophy of law, in turn, made it possible to analyse the research problem (a catalogue of principles of cultural heritage protection law), and the dominant method in the research was the dogmatic one supported - if necessary- by the axiological method. An analysis of legal regulations in force in Poland was of significant importance for the formulation of a catalogue of principles of cultural heritage law. It was also essential to take into account the views of doctrine and the case law. The application of the above mentioned research methods was necessary due to the compexity of the research conducted to create a catalogue of principles of cultural heritage law and to build new solutions for separating this comprehensive branch of law.