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This book aims to provide a reliable guide to the Law of Treasure in England, Wales and Northern Ireland. It will be of vital interest and utility to metal detectorists in addition to archaeologists, museums, coroner’s offices, finds liaison officers, farmers and landlords’ associations.
This book examines treasure law and practice from the rise of the new science of archaeology in the early Victorian period to the present day. Drawing on largely-unexamined state records and other archives, the book covers several legal jurisdictions: England and Wales, Scotland, Ireland pre- and post-independence, and post-partition Northern Ireland. From the Mold gold cape (1833) to the Broighter hoard (1896), from Sutton Hoo (1939) to the Galloway hoard (2014), the law of treasure trove, and the Treasure Act 1996, are considered through the prism of notable archaeological discoveries, and from the perspectives of finders, landowners, archaeologists, museum professionals, collectors, the state, and the public. Literally and metaphorically, treasure law is revealed as a ground-breaking chapter in the history of the legal protection of cultural property and cultural heritage in Britain and Ireland.
This book, dedicated to Brian Harvey, brings new insights to issues of property law, consumer protection, auction sales and tax.
This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
What kind of property is art? Is it property at all? Jordanna Bailkin's The Culture of Property offers a new historical response to these questions, examining ownership disputes over art objects and artifacts during the crisis of liberalism in the United Kingdom. From the 1870s to the 1920s, Britons fought over prized objects from ancient gold ornaments dug up in an Irish field to a portrait of the Duchess of Milan at the National Gallery in London. They fought to keep these objects in Britain, to repatriate them to their points of origin, and even to destroy them altogether. Bailkin explores these disputes in order to investigate the vexed status of property within modern British politics as well as the often surprising origins of ongoing institutional practices. Bailkin's detailed account of these struggles illuminates the relationship between property and citizenship, which has constituted the heart of liberal politics as well as its greatest weakness. Drawing on court transcripts, gallery archives, exhibition reviews, private correspondence—and a striking series of cartoons and photographs—The Culture of Property traverses the history of gender, material culture, urban life, colonialism, Irish and Scottish nationalism, and British citizenship. This fascinating book challenges recent scholarship in museum studies in light of ongoing culture wars. It should be required reading for cultural policy makers, museum professionals, and anyone interested in the history of art and Britain.
Property: Cases and Materials features sweeping coverage in a single volume, from “old property” (such as the basics of estates in land and servitudes) to “new property,” including intellectual property, cultural property, and property in living things. The text provokes debate on fundamental questions such as the creation of property, information as property, collective vs. individual rights, and property as related to other bodies of law. Its coverage of intellectual property shows how the law grows and responds to social and technological change. Designed for flexibility, stand-alone chapters can be omitted if time constraints require. Property: Cases and Materials includes appellate decisions, statutes, regulations, administrative decisions, law review articles, and non-legal materials. Principal cases include Elvis Presley International Memorial Foundation v. Crowell, Popov v. Hayashi (Barry Bonds home run ball); People v. Chubbs (software for DNA matching), and Dred Scott v. Sandford. Key Features: Updated with more recent cases, including more cases from the twenty-first century than any other major property casebook. Improved coverage of natural resources law and intellectual property. Thorough update of all existing materials.