CYIL vol. 11 (2020)

DALIBOR JÍLEK CYIL 11 (2020) economic or cultural purpose. Among protected civil objects, property of cultural character fulfils a specific societal task, although it is owned by the state or its self-governing units as a municipality or district. The owners of these material things are politically and socially organized communities. The purpose of ownership here merges with the proper function of the thing. These are not things the use of which satisfies the interests of the individual himself. These objects outweigh the individual interest, although every individual is entitled to use them. Such as schools are concerned with education, first and foremost. Education is directed to the versatile development of the child’s personality, but it is too at the service of society as a whole. Such an institution transmits knowledge and understanding. The museum collects, classifies, organizes, and exhibits sets of artefacts or natural products, gathers systems of habits, traditions, or skills; it deals with behavioural practice. The church, shrine, prayer room are places of religious ceremony – cult, but also sites of practice of meditating. Article 34 of the Instructions does not only enumerate material things, it refers in abstracto to institutions. Institutions are units of human organization and components and facts of cultural reality. In these institutions, people come together and work together effectively. These institutions do not exclusively satisfy the interests and needs of those who are directly involved in their activities. Such institutions serve all, are common to all, open to all, accessible to all, available to all, supported by all and controlled by all. All persons are to benefit from these institutions and therefore contribute together to their activities. Article 34 lists among the protected objects immovable property belonging to churches, hospitals, as well as charitable institutions, educational institutions, or foundations for the support of knowledge and science. Individually, this provision includes public schools, universities, academies, observatories, or museums of fine arts, or scientific character. Culture unifies these objects. The objects named are material attributes of public life in society. They serve everyone and not just in a certain place and at a certain time. The term “culture” does not appear in the Instructions at all, unlike the term “civilization. 15 Nevertheless, the term “culture”, used in the singular and not the plural, was the centre of Victorian anthropology born during these years. In the second half of the 19th century, culture was conceived as an integrated whole, which was inextricably linked with universal humanity. Civilization was the synonym for culture. 16 The reference to civilization is indeed unique in the Instructions. However, the separation civilized, and non-civilized nations appears several times in the normative text. At that time only so-called “civilized nations” could form corpus iuris gentium. The objects referred to in Article 34 are incapable of giving military advantages. They deserve protection because of their nature and common purpose. Even the task of some of them is to guarantee the enjoyment of the rights of man in community with others. Schools are the place of exercise of the right to education, which justifies the corresponding duty of every government to provide education for all ( omnes requirement). 17 Likewise, universities, 15 See Article 22. 16 TYLOR, E. B. Primitive Culture: Researches into Development of Mythology, Philosophy, Religion, Art, and Custom. Vol. I, London: John Murray, Albemarle street, 1871, p. 1: “Culture or civilization, taken in its wide ethnographic sense, is that complex whole which includes knowledge, belief, art, morals, law, custom, and any other capabilities and habits acquired by man as a member of society.” 17 Tenth Annual Report of the Secretary of the Massachusetts State Board of Education , 1846 .

286