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A Research Agenda for Cultural Heritage Law

A Research Agenda for Cultural Heritage Law

Author: Lucas Lixinski
Publisher: Edward Elgar Publishing
ISBN: 9781035324415
Published In: August 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.

This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.

Building on empirical insights as well as current legal scholarship, this book challenges assumptions about the role of cultural heritage law. Dissecting binaries such as international versus national, public versus private, and tangible versus intangible, Lucas Lixinski questions the foundations of the field before examining it through different theoretical lenses such as historicization and pragmatism. He engages with broader concerns in the legal discipline including human rights and the interests of local communities, and considers arguments in favour of and against cultural restitution. Ultimately, Lixinski argues that critical heritage law research must focus on interculturality and redistribution, and inspires the reader to leverage these ideas and tools for social justice.

Engaging and innovative, this book is a valuable resource for PhD researchers looking to take their studies beyond the status quo. Its novel reflections will also engage established academics in cultural heritage and art law, intellectual property law, public international law and critical heritage studies.

Introduction: designing a research agenda for cultural heritage law

PART I. WHAT: HERITAGE LAW’S UNHELPFUL BINARIES

Introduction to Part I

National v international

Property v heritage

Tangible v intangible

Public v private

PART II. HOW: HERITAGE LAW’S METHODS

Introduction to Part II

Doctrinal heritage law: legal stability and principle

Historicising heritage law: law of the past, in the present, and for the future

Critical traditions and heritage law: power, identity, and the risk of lack of commitment to a normative outcome