LEGAL ANTHROPOLOGY: CASE LAW AND LEGAL FRAMEWORK IN DISSONANT CULTURAL HERITAGE CASES
Legal anthropology provides tools and an opportunity for the much-needed observation today: how jurisprudence and applicable law change in different cases/uses of memory in post-communist society and in the context of the cultural heritage of the period. The observation of judicial practice and changes in law enforcement, in the understanding, applying the same norms, is it the result of a changed human perspective or is it the result of an essential change in the legal framework after 1989 and in view of international normative acts (international conventions and EU law). Through the prism of legal anthropology, an unexpected interpretation of some of the memory issues in modern Bulgarian society can be discovered, which repeatedly falls into the gulf of sharp polemics related to the (cultural) heritage of the past. The questions are raised: how does the law change, law enforcement, and is the court’s understanding expressed in court decisions on similar cases in the conditions of post-socialist social transformation uncontroversial.
Keywords: legal anthropology, judicial practice, cultural heritage, post-socialism