Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings

The economic assessment of damage to movable and immovable objects considered part of archaeological heritage is a matter of increasing interest, both at the legal level and in terms of government management. The primary reason for this interest is the urgent need to agree on a sound and reliable ap...

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Main Author: Ignacio Rodríguez Temiño
Format: Article
Language:English
Published: MDPI AG 2019-01-01
Series:Heritage
Subjects:
Online Access:https://www.mdpi.com/2571-9408/2/1/29
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author Ignacio Rodríguez Temiño
author_facet Ignacio Rodríguez Temiño
author_sort Ignacio Rodríguez Temiño
collection DOAJ
description The economic assessment of damage to movable and immovable objects considered part of archaeological heritage is a matter of increasing interest, both at the legal level and in terms of government management. The primary reason for this interest is the urgent need to agree on a sound and reliable approach to economically quantifying not so much the cultural value of the damage caused as the civil liability for having caused it in those cases in which it was produced by a harmful human act. Assessment methods require a broad consensus to be considered reliable. The lack of consideration given to this matter has only made the absence of such a consensus more acute. This paper offers a mainly Spanish case-based analysis of the most common valuation methods for both movable and immovable archaeological objects. With regard to movable objects, it examines the problems involved in both the exclusive use of an object’s market price as its cultural value and the lack of justification for the chosen valuation system, concluding that current methods are insufficient. This insufficiency, also perceived by the authors of the expert reports used in the analyzed proceedings, has been dealt with arbitrarily. With regard to immovable object, it concludes that the systems currently used to assess the damage to sites are likewise insufficient, despite having been legally acknowledged in some cases. This paper will thus examine the methods used in environmental assessments—whose parallels with archaeological heritage are clear—and proposes that they be adapted for this purpose.
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spelling doaj.art-c546a67a246e4d609918fac6748485412022-12-22T01:32:58ZengMDPI AGHeritage2571-94082019-01-012140843410.3390/heritage2010029heritage2010029Assessing Damage to Archaeological Heritage in Criminal and Administrative ProceedingsIgnacio Rodríguez Temiño0Conjunto Arqueológico de Carmona, Consejería de Cultura, Junta de Andalucía, Avda. Jorge Bonsor 9, 41410 Carmona, Seville, SpainThe economic assessment of damage to movable and immovable objects considered part of archaeological heritage is a matter of increasing interest, both at the legal level and in terms of government management. The primary reason for this interest is the urgent need to agree on a sound and reliable approach to economically quantifying not so much the cultural value of the damage caused as the civil liability for having caused it in those cases in which it was produced by a harmful human act. Assessment methods require a broad consensus to be considered reliable. The lack of consideration given to this matter has only made the absence of such a consensus more acute. This paper offers a mainly Spanish case-based analysis of the most common valuation methods for both movable and immovable archaeological objects. With regard to movable objects, it examines the problems involved in both the exclusive use of an object’s market price as its cultural value and the lack of justification for the chosen valuation system, concluding that current methods are insufficient. This insufficiency, also perceived by the authors of the expert reports used in the analyzed proceedings, has been dealt with arbitrarily. With regard to immovable object, it concludes that the systems currently used to assess the damage to sites are likewise insufficient, despite having been legally acknowledged in some cases. This paper will thus examine the methods used in environmental assessments—whose parallels with archaeological heritage are clear—and proposes that they be adapted for this purpose.https://www.mdpi.com/2571-9408/2/1/29archaeologyart crimevaluationarchaeological heritage
spellingShingle Ignacio Rodríguez Temiño
Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings
Heritage
archaeology
art crime
valuation
archaeological heritage
title Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings
title_full Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings
title_fullStr Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings
title_full_unstemmed Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings
title_short Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings
title_sort assessing damage to archaeological heritage in criminal and administrative proceedings
topic archaeology
art crime
valuation
archaeological heritage
url https://www.mdpi.com/2571-9408/2/1/29
work_keys_str_mv AT ignaciorodrigueztemino assessingdamagetoarchaeologicalheritageincriminalandadministrativeproceedings