International Journal of Tourism, Travel and Hospitality Law 2023

Tourism enterprise and cultural heritage protection, as a legal instrument for valorisation of the territory and of the person Francesco Torchia 1. Cultural identity and the notion of “historical and his-torical heritage. 2. Social function of Cultural Heritage. 3.Function of recovery, protection and safeguarding of the historical, artistic and cultural heritage, according to an economic analysis of current law. 4. Conclusion: the role of the tourist company in determining the efficiency of the economic system, in connection with the enhancement of the cultural heritage. The well-known Latin brocardo, according to which: “Leges bonae ex malis moribus pro creantur” (from the existence of bad morals in society, arises the need for good laws)1, turns out to be, more than ever, current in relation to the subject matter of this investigation. And this, because the theme of common goods and, consequently, that of the conservation, the protection and the fruition of our immense environmental and cultural heritage (material or immaterial) does not seem to have yet found (although it is, now, debated for years) strategies capable of combining some (only apparent) oxymorons, as such as: “protection and enjoyment”, “awareness and promotion”, “social welfare and economic development”, “tourism and landscape”, “tourism and cultural heritage”, in a perspective of social, cultural and economic growth and long-term well- -being, in the function of a more equitable, healthy and harmonious society for all. From this the purpose of this survey, which is to verify whether, and to what extent, our current regulatory system, provided for the protection of cultural heritage, is suitable to represent a valid and useful legal instrument for the enhancement of the territory and the person. Keywords: Protection, cultural heritage, development of the territory, legal instruments, property’s social function; common goods. DOI 1 The brocard is attributed to Ambrose Theodosius Macrobius (5th century AD) philosopher, writer, astronomy scholar and supporter of geocentric theory.