Between orthodoxy and heterodoxy: the troubled relationships between heritage studies and heritage law

This article discusses the relationships between heritage law (HL) and heritage studies (HS) from the perspective of international law. More specifically, it focuses on the ways in which HL scholars have integrated (or failed to integrate) HS considerations into their work, and vice versa. The paper shows that the relationship between HL and HS is better resolved with respect to orthodox approaches to both law and heritage. More specifically, orthodox HS and HL take each other into account only lightly, a strategy that, while unsatisfactory on many grounds, is balanced on both sides. However, when it comes to heterodox (critical) analyses in these fields, the relationship is far more fragile and unbalanced, from the point of view of heterodox HS, the law tends to be neglected or even sometimes rejected; whereas from the point of view of HL, there is a more conscious effort to fully engage with HS, which is made difficult by heterodox HS’s push against the law. This dissonance can lead to severe difficulties in understanding heritage work and even the field itself.