Cultural Objects and Reparative Justice

Cultural Objects and Reparative Justice
Author: Patty Gerstenblith
Publisher: Oxford University Press
Total Pages: 321
Release: 2023-10-05
Genre: Law
ISBN: 0192872125

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.

Advanced Introduction to Cultural Heritage Law

Advanced Introduction to Cultural Heritage Law
Author: Lorenzo Casini
Publisher: Edward Elgar Publishing
Total Pages: 171
Release: 2024-03-14
Genre: Law
ISBN: 1789900077

Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.

Stolen Fragments

Stolen Fragments
Author: Roberta Mazza
Publisher: Stanford University Press
Total Pages: 309
Release: 2024-09-17
Genre: History
ISBN: 1503640329

In 2012, Steve Green, billionaire and president of the Hobby Lobby chain of craft stores, announced a recent purchase of a Biblical artefact—a fragment of papyrus, just discovered, carrying lines from Paul's letter to the Romans, and dated to the second century CE. Noted scholar Roberta Mazza was stunned. When was this piece discovered, and how could Green acquire such a rare item? The answers, which Mazza spent the next ten years uncovering, came as a shock: the fragment had come from a famous collection held at Oxford University, and its rightful owners had no idea it had been sold. The letter to the Romans was not the only extraordinary piece in the Green collection. They soon announced newly recovered fragments from the Gospels and writings of Sappho. Mazza's quest to confirm the provenance of these priceless fragments revealed shadowy global networks that make big business of ancient manuscripts, from the Greens' Museum of the Bible and world-famous auction houses like Sotheby's and Christie's, to antique shops in Jerusalem and Istanbul, dealers on eBay, and into the collections of renowned museums and universities. Mazza's investigation forces us to ask what happens when the supposed custodians of our ancient heritage act in ways that threaten to destroy it. Stolen Fragments illuminates how these recent dealings are not isolated events, but the inevitable result of longstanding colonial practices and the outcome of generations of scholars who have profited from extracting the cultural heritage of places they claim they wish to preserve. Where is the boundary between protection and exploitation, between scholarship and larceny?

Realizing Reparative Justice for International Crimes

Realizing Reparative Justice for International Crimes
Author: Miriam Cohen
Publisher: Cambridge University Press
Total Pages: 287
Release: 2020-07-02
Genre: Fiction
ISBN: 1108472680

Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.

Appropriating the Past

Appropriating the Past
Author: Geoffrey Scarre
Publisher: Cambridge University Press
Total Pages: 369
Release: 2013
Genre: Art
ISBN: 052119606X

An international and multidisciplinary team addresses significant ethical questions about the rights to access, manage and interpret the material remains of the past.

Confronting Colonial Objects

Confronting Colonial Objects
Author: Carsten Stahn
Publisher: Oxford University Press
Total Pages: 593
Release: 2023-10-13
Genre: Law
ISBN: 019269412X

The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Restitution and the Politics of Repair

Restitution and the Politics of Repair
Author: Zolkos Magdalena Zolkos
Publisher: Edinburgh University Press
Total Pages: 200
Release: 2020-09-21
Genre: Law
ISBN: 1474453120

Analyses the social imaginary of undoing, repair and return underpinning the international norm of restitution-makingApproaches restitution not just as a legal norm of property return, but as a social imaginary and a cultural-psychoanalytic 'scene' of undoing, repair and returnBrings together philosophic-political, socio-legal and cultural-psychoanalytic approaches to the study of restitutionOutlines a heterogeneous and multifaceted idea of restitution emergent in modernity, and looks at the peripheries of the modern restitutive tradition in the search for alternatives and counter-traditionsThis book takes a unique approach grounded in political and cultural discourse to develop a political theory of restitution. Challenging assumptions about restitution in the Western legal and political tradition, where it has become nearly synonymous with reacquisition and where legal studies focus on material objects and claims to their ownership, Zolkos argues that the development of restitutive norms has been auxiliary to the emergence of modern state sovereignty, and excavates the restitutive tradition's mythical-religious substrate. Bringing together texts from within and outwith the Western canon of political theory and philosophy, including the writings of Grotius, Durkheim, Freud, and Klein, as well as Mary Shelley's Frankenstein, the book undertakes a dual task: reading literary texts as a political theorising of restitution, and reading political or sociological texts as literary narratives with distinctive 'restitutive tropes' of repair, undoing and return.

The Preservation of Art and Culture in Times of War

The Preservation of Art and Culture in Times of War
Author:
Publisher: Oxford University Press
Total Pages: 497
Release: 2022-09-06
Genre: Law
ISBN: 0197610587

Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural property for its own sake to viewing its protection as connected to broader agendas of peace and security. Concerns about cultural heritage have thus migrated beyond the cultural sphere to worries about the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen public understanding of the evolving nexus between cultural heritage and security in the twenty-first century. Drawing on a variety of disciplines and perspectives, the chapters in this volume examine a complex set of relationships between the deliberate destruction and misuse of cultural heritage in times of conflict, on the one hand, and basic societal values, legal principles, and national security, on the other.

What is this thing called Global Justice?

What is this thing called Global Justice?
Author: Kok-Chor Tan
Publisher: Routledge
Total Pages: 249
Release: 2021-09-01
Genre: Philosophy
ISBN: 1000425789

What is this thing called Global Justice? is a clear and engaging introduction to this widely studied and important topic. It explores the fundamental concepts, issues and arguments at the heart of global justice, including: world poverty economic inequality nationalism human rights humanitarian intervention immigration global democracy and governance climate change reparations health justice international justice. This second edition has been updated throughout and includes two new chapters: on ethical and moral debates concerning reparations and on global health justice. The chapters on world poverty, human rights, just war, borders, climate justice, and global democracy have also been substantially revised and updated. Centered on real world problems, this textbook helps students to understand that global justice is not only a field of philosophical inquiry but also of practical importance. Each chapter concludes with a helpful summary of the main ideas discussed, study questions and a further reading guide.