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Cultural Objects and Reparative Justice: A Legal and Historical Analysis

Cultural Objects and Reparative Justice: A Legal and Historical Analysis

Author: Patty Gerstenblith
Publisher: Oxford University Press
ISBN: 9780192872104
Published In: October 2023
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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Cultural Objects and Reparative Justice provides a comprehensive legal and historical analysis surrounding a highly debated current question: Where should cultural objects that were removed without consent be located? This book follows an innovative, interdisciplinary approach based in law, history, art history, anthropology, and archaeology and proposes a paradigm for reparations.

Tracing the historical foundations of the current legal framework, the work closely examines three factors that heavily informed the cultural heritage debate since the late eighteenth century: the rise of the encyclopaedic museum, the development of archaeology as a science, and the appropriation of objects in the context of armed conflict and colonialism. Each of these explorations is enriched by examples from around the globe and assessed on the international, national, and local level. Subjecting contested objects -such as the Parthenon Sculptures, those from the Yuanmingyuan Palace, the Benin artifacts, looted archaeological artefacts and human remains, and artwork stolen during the Holocaust - to this holistic approach enables a contextualisation of the unique history of appropriation of these objects.

Cultural Objects and Reparative Justice outlines how current cultural heritage laws and ethical guidelines with respect to cultural heritage derive from a background of imperialism and colonialism. The book advocates for a new structure based on reparation, restitution, repatriation, compensation, and market regulation to cease perpetuating past harms and to disincentivize new ones.

1:Introduction

2:Origins of the Debate concerning Location of Cultural Objects

3:Historical Appropriations/Historical Claims

4:Appropriation of Archaeological Heritage: Market Demand and Legal Responses

5:The Right to Objects of Cultural Heritage

6:Beyond the Law: Ethical Considerations

7:Historical Appropriations: Of Time and Reparative Justice