The Public, Community and Identity in the Legal Protection of Archaeological Heritage in Slovenia

Abstract

This article provides a brief overview of the social phenomenon of the 'public', its role in the protection of cultural heritage, and a commented review of the heritage protection legislation in the territory of present-day Slovenia, with an emphasis on public involvement. Forms of archaeological discourse and the intensity of public involvement largely depend on heritage legislation. A review of legal acts in the field of cultural heritage protection from the late 18th century to the present reveals a growing role of the public in the discourse on archaeological heritage. Imperial decrees from the late 18th century, during the era of the absolutist monarchy, established the state's right of ownership over archaeological finds that were preserved in court collections. In the second half of the 19th century, as the bourgeois public gained social influence, archaeological remains became an integral part of public museums, and the right to protect them was assigned to the experts educated in the humanities employed in public institutions. This system of archaeological heritage protection on the territory of Slovenia remained in place even during the socialist period following World War II. However, during socialism, the subject of heritage protection began to shift, from elite social classes, largely originating from the bourgeois public, toward broader segments of society. Legal provisions dealing with archaeological and broader cultural heritage began addressing the general public as the bearer of heritage, although its role remained limited to that of a user, without the right or opportunity to participate actively in heritage protection processes. The shaping of heritage narratives remained the domain of experts employed by public institutions that operated under relatively strict political oversight. With the democratization of society in the final decade of the 20th century, the public began to take an active role in heritage protection processes. Legislation followed this shift, and by 2008 it enabled public involvement in specialist activities, such as the search for archaeological remains, which were previously the exclusive domain of professionals employed by public heritage institutions. Heritage communities that demonstrate an ethical relationship towards their heritage have begun to participate as active subjects in the processes of heritage protection, with their narratives now recognized as legal, legitimate and necessary components of the heritage discourse.