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Heritage Justice explores how far past wrongs can be remedied through compensatory mechanisms involving material culture. The Element goes beyond a critique of global heritage brokers such as UNESCO, the ICC and museums as redundant, Eurocentric and elitist to explore why these institutions have become the focus for debates about global heritage justice. Three broad modes of compensatory mechanisms are identified: recognition, economic reparation and return. Arguing against Jenkins (2016) that museums should not be the site for difficult conversations about the past, Heritage Justice proposes that it is exactly the space around objects and sites created by museums and global institutions that allows for conversations about future dignity. The challenge for cultural practitioners is to broaden out ideas of material identity beyond source communities, private property and economic value to encompass dynamic global shifts in mobility and connectivity.
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Critical Perspectives on Cultural Memory and Heritage focuses on the importance of memory and heritage for individual and group identity, and for their sense of belonging. It aims to expose the motives and discourses related to the destruction of memory and heritage during times of war, terror, sectarian conflict and through capitalist policies. It is within these affected spheres of cultural heritage where groups and communities ascribe values, develop memories, and shape their collective identity.
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
"Compelling, energizing, and foundational. Opens up an anthropological orientation, one which is welcome and exhilarating. Lafrenz Samuels's equally significant introduction of the transnational as a new orientation in heritage studies offers an escape route from the conception of heritage as monopolized by the nation-state."--Denis Byrne, author of Counterheritage: Critical Perspectives on Heritage Conservation in Asia Mapping out emerging areas for global cultural heritage, this book provides an anthropological perspective on the growing field of heritage studies. Kathryn Lafrenz Samuels adopts a dual focus--looking back on the anthropological foundations for cultural heritage research while looking forward to areas of practice that reach beyond national borders: economic development, climate action, democratic practice, heritage rights, and global justice. Working around the traditional authority of the nation-state and intergovernmental treaty-based organizations such as UNESCO, these issues characterize heritage activity in transnational networks. Lafrenz Samuels argues that transnational heritage involves an important shift from a paradigm of preservation to a paradigm of development. Responding to this expanding developmental sensibility, she positions cultural heritage as a persuasive tool for transformative action, capable of mobilizing and shaping social change. She shows how anthropological approaches help support the persuasive power of heritage in the transnational sphere.
As more and more people are recognizing the need for accurately representing the story of the United States in public narratives, especially those told at museums and historic landmarks, heritage studies is emerging as an important program of study in universities across the country. These two collections are timely and valuable resources on the theory and practice of heritage education and its relationship to the discipline of archaeology. History and Approaches to Heritage Studies explores the historical development of cultural heritage theory and practice, as well as current issues in the field. This volume brings together archaeologists who are deeply engaged with a range of stakeholders in heritage management and training. Chapters contain useful reflections on working with descendant communities, local residents, community partners, and students in a variety of settings. With a focus on pedagogy throughout, topics include the importance of critical thinking skills, how technology has transformed education, gender issues in archaeology, minorities in heritage careers, NAGPRA and ethics education, archaeology field schools, and e-learning. Pedagogy and Practice in Heritage Studies presents teaching strategies for helping students think critically about the meanings of the past today. In these case studies, experienced teachers discuss ways to integrate heritage studies values into archaeology curricula, illustrating how the fields enrich each other. They argue that encouraging empathy can lead to awareness of the continuity between past and present, reflection on contemporary cultural norms, and engagement with issues of social and climate justice. These practical examples model ways to introduce diverse perspectives on history in pre-college, undergraduate, and graduate contexts. Emphasizing the importance of heritage studies principles and active learning in archaeological education, these handbooks provide tools to equip archaeologists and heritage professionals with collaborative, community-based, and activist approaches to the past. Volumes in the series Cultural Heritage Studies, edited by Paul A. Shackel
Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.
This collection brings together selected articles on key areas in the field of cultural heritage rights discourse, contributed by an international group of scholars. The papers address a broad range of issues such as repatriation, illicit trade, effects of armed conflict, tourism, economic development and legal regulation. Topics which are likely to become important in the future, such as climate change, cultural globalisation, human genomic science and the shift to a post-liberal, post-rights politics and law of cultural heritage, are also explored.
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.
#1 NATIONAL BESTSELLER! Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a “national disgrace” and a “circus.” Justice on Trial, the definitive insider’s account of Kavanaugh’s appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures—including the president, justices, and senators—in that ferocious political drama. The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again.