International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW “culture”. And this, because with this term, in general, it is customary to recall (in a purely anthropological sense) a system of knowledge, opinions, beliefs, customs and behaviors of a given human group, or, again, a historical heritage, which (as a whole) defines the relationships within the social group and those with the outside world 10 As proof of this, consider that, according to UNESCO: “culture can currently be considered as the set of distinctive spiritual and material, intellectual and affective traits that characterize a society or a social group. It includes, in addition to arts and letters, lifestyles, fundamental human rights, systems of values, traditions and beliefs, and that culture gives man the ability to reflect on himself. It is she who makes us specifically human, rational, critical and ethically engaged. Through her we discern values and make choices. Through it man expresses himself, becomes aware of himself, recognizes himself as an unfinished project, questions his own achievements, tirelessly seeks new meanings and creates works that transcend him.” 11. However, in view of this definition, there is a high risk, in the second part of the doctrine, of confusing the elements relating to the notion of “cultural identity” with those relating to the concept of the “human person”12. Even so, however, there is no doubt that our constitutional provision, with art. 9 (placed in the context of the Fundamental Principles), combines the concept of “Landscape” with that of “Historical and Artistic Heritage”13, with this wanting to signify the need for a unified protection of values of a purely cultural character14, so it is clear that even the very definition of “cultural identity” it cannot go beyond the necessary consideration of the close relationship between the constitutional value of the protection of the landscape and of the historical and artistic heritage and the constitutional value of the protection and development of the person, both as an individual and in social formations15. A 10 Cfr. A. L. KROEBER, CLYDE KLUCKHORN, Cultura. A Critical Review of Concepts and Definitions, Cambridge, Massachusetts, Published by the Museum, 1952 e U. HANNERZ, La complessità Culturale, Bologna, 1998. 11 Cf. C. BORTOLOTTO (edited by), The intangible heritage according to UNESCO: analysis and perspectives, Rome: Istituto Poligrafico e Zecca dello Stato, 2008; World Conference on Cultural Policies; Mexico, 1982 12 Cf. E. A. IMPARATO, Cultural identity and territory between Constitution and regional policies, cit., p. 41, which, on the point, recalls in note J.M. PONTIER, Les données juridiques de l’identité culturelle, in Rev. dr. publ. n. 5/2000, p. 1274 and ss. 13 Art. 9 Cost.: “The Republic promotes the development of culture and scientific and technical research [cfr. art. 33, 34]. It protects the landscape and the historical and artistic heritage of the nation.” 14 Cf. E. A. IMPARATO, Cultural identity and territory between Constitution and regional policies, cit., p. 45. 15 On the role of the Person as value, cf. P. PERLINGIERI, The Current Order and its Values, Naples, 2006, p. 289.