Who Owns the Past?: Cultural Policy, Cultural Property, and the Law
Rutgers University Press, 2005 - Social Science - 362 pages
Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property.
Contributors to Who Owns the Past? include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview of the development of cultural property law and practices, as well as recent case law affecting the ability of museums and private collectors to own art from other countries. Topics covered include rights to property, ethical ownership, the public responsibilities of museums, threats to art from war, pillage, and development, and international cooperation to preserve collections in the developing world.
Engaging all perspectives on this debate, Who Owns the Past? challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage.
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LibraryThing ReviewUser Review - rivkat - LibraryThing
Though I am constitutionally sympathetic to arguments that no single group, however it has suffered, can claim to own portions of human heritage, this book mostly managed to push me in the opposite ... Read full review
Who owns the past?: cultural policy, cultural property, and the law
作者：Kate Fitz Gibbon,American Council for Cultural PolicyIntroduction 重點整理
3. 聯合國教科文組織1970對於非法取得文物交易的規範與前提:the interchange of cultural property among nations for scientific, cultural and educational purposes increases the knowledge of the civilization of Man, enriches the cultural life of all people and inspires mutual respect and appreciation among nations.”
Part I.各國文資法概要 LAW
Part II. 收藏與交易COLLECTING AND TRADE
Part III. 瀕危的藝術ART IN PERIL
Part IV. 各樣的博物館THE UNIVERSAL MUSEUM
Kate Fitz Gibbon:有關從帕特農神殿運到大英博物館典藏的艾爾金大理石的辯論。
Kate Fitz Gibbon:文物輸出管理機制
Erich Theophile and Cynthia Rosenfeld 與 Emma C. Bunker 都在討論有關文物歸屬的問題，討論範圍涵蓋的古物販子，收藏家，博物館，考古學家等等眾多相關人物的角色。
American Council for Cultural Policy (ACCP) was formed by a group of politically influential antiquities dealers, collectors and lawyers in the United States, with its headquarters in New York and representatives in Washington D.C.
The original goal of this organization was to allow legally excavated archaeological artifacts to be circulated freely and legitimately. ACCP's treasurer William Pearlstein has famously described Middle Eastern cultural heritage laws (especially those of Iraq) as "retentionist" and expressed a desire for the possibility of the free circulation of antiquities
Some Archaeologists, academics, and cultural heritage lawyers have found such declarations worrisome, since the members of ACCP are politically influential figures. Archaeological Institute of America's code of ethics maintain that its members "refuse to participate in the trade in undocumented antiquities and refrain from activities that enhance the commercial value of such objects. Undocumented antiquities are those which are not documented as belonging to a public or private collection before December 30, 1970 when the AIA Council endorsed the UNESCO Convention on Cultural Property, or which have not been excavated and exported from the country of origin in accordance with the laws of that country." (Source: AIA official webpage) It is widely believed by many academics that the trade and collectorship of antiquities fuel the looting and destruction of archaeological sites around the world.
Alternative to Embargo (P.291-303)
2. 目前制度的優點( P291第三段)
7. 「Art-rich and Cash-poor」，這些鑑定機制如何回饋給文物輸出國
A Historical Perspective
Archaeology and the Art Market
Observations of a Combatant
THE UNIVERSAL MUSEUM
A Licit International Trade in Cultural Objects JOHN HENRY MERRYMAN
Alternatives to Embargo KATE FITZ GIBBON
The Kathmandu Valley Preservation Trust ERICH THEOPHILE CYNTHIA ROSENFELD
The Acquisition and Ownership of Antiquities in Todays Age of Transition EMMA C BUNKER