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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

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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.


Cultural Objects and Reparative Justice

Cultural Objects and Reparative Justice
Author: Patty Gerstenblith
Publisher: Oxford University Press
Total Pages: 321
Release: 2024-01-05
Genre: Law
ISBN: 0192872109

Download Cultural Objects and Reparative Justice Book in PDF, ePub and Kindle

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.


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

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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.


Politics and the Past

Politics and the Past
Author: John Torpey
Publisher: Rowman & Littlefield Publishers
Total Pages: 327
Release: 2004-09-01
Genre: Law
ISBN: 0585455066

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Politics and the Past offers an original, multidisciplinary exploration of the growing public controversy over reparations for historical injustices. Demonstrating that 'reparations politics' has become one of the most important features of international politics in recent years, the authors analyze why this is the case and show that reparations politics can be expected to be a major aspect of international affairs in coming years. In addition to broad theoretical and philosophical reflection, the book includes discussions of the politics of reparations in specific countries and regions, including the United States, France, Latin America, Japan, Canada, and Rwanda. The volume presents a nuanced, historically grounded, and critical perspective on the many campaigns for reparations currently afoot in a variety of contexts around the world. All readers working or teaching in the fields of transitional justice, the politics of memory, and social movements will find this book a rich and provocative contribution to this complex debate.


International Cultural Heritage Law

International Cultural Heritage Law
Author: Janet E. Blake
Publisher: Cultural Heritage Law and Poli
Total Pages: 385
Release: 2015
Genre: Law
ISBN: 0198723512

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This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.


The Guilt of Nations

The Guilt of Nations
Author: Elazar Barkan
Publisher: JHU Press
Total Pages: 468
Release: 2001-10-09
Genre: History
ISBN: 9780801868078

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The author takes a sweeping look at the idea of restitution and its impact on the concept of human rights and the practice of politics. She confronts the difficulties of determining victims and assigning blame.


Intangible Cultural Heritage in International Law

Intangible Cultural Heritage in International Law
Author: Lucas Lixinski
Publisher: OUP Oxford
Total Pages: 295
Release: 2013-06-13
Genre: Law
ISBN: 0199679509

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Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.


Antiquities Smuggling in the Real and Virtual World

Antiquities Smuggling in the Real and Virtual World
Author: Layla Hashemi
Publisher:
Total Pages:
Release: 2021-12
Genre: Archaeological thefts
ISBN: 9781032171289

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"This book examines the illicit trade in antiquities, a trade which has increased massively following the destruction and looting of ancient Near Eastern sites in the Middle East. Focusing on the distribution networks for looted antiquities, especially the routes to the West, the book considers the dealers and facilitators who are key in getting the objects to market, explores the methods used including online marketplaces and social media sites, analyses demand and buyers, revealing that objects are often available at very affordable prices. It outlines the efforts of law enforcement agencies, including the military, and legal systems to contain the trade. Throughout the book highlights the difficulties of putting a stop to this illicit trade, particularly in a conflict region"--


To Right Historical Wrongs

To Right Historical Wrongs
Author: Carmela Murdocca
Publisher: UBC Press
Total Pages: 281
Release: 2013-10-15
Genre: Social Science
ISBN: 0774824999

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Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.


Injury and Injustice

Injury and Injustice
Author: Anne Bloom
Publisher: Cambridge Studies in Law and Society
Total Pages: 403
Release: 2018-03-15
Genre: Law
ISBN: 1108420249

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Explores the inescapable experience of injury and its implications for social inequality in different cultural settings.