Cultural Objects And Reparative Justice


Cultural Objects And Reparative Justice
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Cultural Objects And Reparative Justice


Cultural Objects And Reparative Justice
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Author : Patty Gerstenblith
language : en
Publisher: Oxford University Press
Release Date : 2024-01-05

Cultural Objects And Reparative Justice written by Patty Gerstenblith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-05 with Law categories.


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.



Politics And The Past


Politics And The Past
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Author : John Torpey
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2004-09-01

Politics And The Past written by John Torpey and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-01 with Law categories.


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.



Realizing Reparative Justice For International Crimes


Realizing Reparative Justice For International Crimes
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Author : Miriam Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-02

Realizing Reparative Justice For International Crimes written by Miriam Cohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-02 with Fiction categories.


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.



Historical Culture By Restitution


Historical Culture By Restitution
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Author : Thomas Sandkühler
language : en
Publisher: Vandenhoeck & Ruprecht
Release Date : 2023-06-12

Historical Culture By Restitution written by Thomas Sandkühler and has been published by Vandenhoeck & Ruprecht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-12 with Art categories.


Looted art, art theft, colonial collections of cultural objects – not only since the controversy over the Nigerian Benin bronzes at the Humboldt Forum in the German capital Berlin and other European museums a dispute over how to deal with exhibits from colonial contexts erupted. The debate, which has been ongoing among experts for some time, gained new political momentum in 2018 when France's President Macron announced that objects of colonial provenance in French museums would be returned to their societies of origin, and initiated concrete steps. The demand for restitution of art treasures of colonial provenance raises fundamental and extremely complex questions about the presence of the past in ethical, scientific, political, legal and aesthetic dimensions. They concern art historians and museum professionals, cultural historians, historians of science, lawyers and history teachers as well as visitors to museums with colonial collections, who are made aware of the provenance of objects there. This volume, published in Germany in 2021, was a first attempt at illuminating the historio-cultural dimensions of the debate and bringing them to the attention of a broader public. German and international authors contributed essays making clear, how important it is to take a differentiated look at a central part of the current social debate on the legacy of colonialism. This volume was well received. As colonialism is by definition an international phenomenon, the current debate in Germany is presented here in an English language version now.



What Is Reparative Justice


What Is Reparative Justice
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Author : Margaret Urban Walker
language : en
Publisher:
Release Date : 2010

What Is Reparative Justice written by Margaret Urban Walker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Reparations for historical injustices categories.




The Guilt Of Nations


The Guilt Of Nations
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Author : Elazar Barkan
language : en
Publisher: JHU Press
Release Date : 2001-10-09

The Guilt Of Nations written by Elazar Barkan and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-09 with History categories.


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.



Injury And Injustice


Injury And Injustice
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Author : Anne Bloom
language : en
Publisher: Cambridge Studies in Law and Society
Release Date : 2018-03-15

Injury And Injustice written by Anne Bloom and has been published by Cambridge Studies in Law and Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-15 with Law categories.


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



Critical Restorative Justice


Critical Restorative Justice
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Author : Ivo Aertsen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-16

Critical Restorative Justice written by Ivo Aertsen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.


Theories and practices of justice do not meet the socio-political challenges of our times. For those theorists attempting to develop an alternative to the criminal justice system, restorative justice has provided an alternative horizon. The restorative justice approach involves meeting people, understanding and recognising their vulnerability through participatory and deliberative forums and practices. The aim of this collection is to bridge the distance between restorative justice and the critical theory tradition. It, on the one hand, takes into account the limits of restorative justice as they have been articulated, or can be articulated through critical social theory, and on the other hand emphasises the ground-breaking potential that restorative justice can bring to this tradition as a way to address crimes, conflicts and injustices, and to pursue justice.



Antiquities Smuggling In The Real And Virtual World


Antiquities Smuggling In The Real And Virtual World
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Author : Layla Hashemi
language : en
Publisher: Routledge
Release Date : 2022-01-16

Antiquities Smuggling In The Real And Virtual World written by Layla Hashemi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-16 with Social Science categories.


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.



Art Cultural Heritage And The Law


Art Cultural Heritage And The Law
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Author : Patty Gerstenblith
language : en
Publisher:
Release Date : 2019

Art Cultural Heritage And The Law written by Patty Gerstenblith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Art dealers categories.


Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach, with accompanying images to illustrate the artworks discussed in the legal materials. The fourth edition continues the tradition of the earlier editions in focusing on the meaning of the art works and cultural objects that are at the heart of an increasing number of legal disputes. This book addresses artists' rights (freedom of expression, copyright, and moral rights), the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and cultural heritage (including the fate of art works and cultural objects in time of war; the international trade in art works and cultural objects; the historic, archaeological, and underwater heritage of the United States; and indigenous cultures, focusing on restitution of Native American cultural objects and human remains and the appropriation of indigenous culture). The inclusion of images of many of the art works and cultural objects at issue helps students to understand why these disputes occur and why the litigants feel so strongly about the outcomes. The fourth edition retains the basic structure of the earlier editions while updating all relevant case law, legislation, and policies. It includes cutting-edge legal developments, such as Cariou v. Prince, the Berkshire Museum deaccessioning decision, Trustees of the Corcoran Gallery v. District of Columbia, the Knoedler Gallery cases, Foreign Sovereign Immunities Act cases (Williams v. National Gallery of Art, Philipp v. Federal Republic of Germany, Rubin v. Iran, and DeCsepel v. Hungary), Konowaloff v. Metropolitan Museum of Art, Okinawa Dugong v. Mattis, Navajo Nation v. Dep't of Interior, and Navajo Nation v. Urban Outfitters. Treatment of new legislation includes the Holocaust Era Art Recovery Act, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, and the Protect and Preserve International Cultural Property Act. A new section examines the intersection of human rights and cultural heritage, while expanded sections address the use of civil forfeiture in art recovery cases, museum policies on acquisition of antiquities and the use of proceeds realized from the sale of art works from museum collections, and comparative analysis of market country implementation of the 1970 UNESCO Convention.