‘Cultural Heritage’ or ‘Cultural Property’?

Is it time for law and lawyers to recognize that the term 'cultural heritage' is rightfully superseding that of 'cultural property'? To our minds the answer can only be 'Yes'. Our argument in brief is first, that the existing legal concept of 'property' does not, and should not try to, cover all that evidence of human life that we are trying to preserve: those things and traditions which express the way of life and thought of a particular society; which are evidence of its intellectual and spiritual achievements. On the other hand, they can be encompassed by the term 'heritage' which also embodies the notion of inheritance and handing on. This is central to our second objection to the existing legal concept of property; that 'property' does not incorporate concepts of duty to preserve and protect.