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Imperialism, Art and Restitution
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Details

  • Page extent: 280 pages
  • Size: 228 x 152 mm
  • Weight: 0.58 kg

Library of Congress

  • Dewey number: 344/.094
  • Dewey version: 22
  • LC Classification: K3788 .I47 2006
  • LC Subject headings:
    • Cultural property--Protection--Law and legislation
    • Restitution
    • Art thefts
    • Law and art

Library of Congress Record

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Hardback

 (ISBN-13: 9780521859295 | ISBN-10: 0521859298)

DOI: 10.2277/0521859298

  • Also available in Paperback
  • Published August 2006

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IMPERIALISM, ART AND RESTITUTION

This book is about the repatriation, or not, of great works of art and antiquity taken during the Age of Imperialism and held today by European and American museums. The Elgin Marbles are the most famous example, but there are thousands of others. The nations of origin, supported by UNESCO, want these cultural treasures returned, while the museums unsurprisingly prefer to keep them. Public interest in the outcome runs high. In this volume prominent museum and government officials and leading scholars consider the ultimate disposition of the Elgin Marbles in the British Museum, the bust of Nefertiti in Berlin, and American Indian artifacts and human remains in American museums.

John Henry Merryman is the Sweitzer Professor of Law Emeritus and Affiliated Professor in the Department of Art Emeritus at Stanford University.





IMPERIALISM, ART AND RESTITUTION

Edited by
JOHN HENRY MERRYMAN

Stanford University





CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo

Cambridge University Press
40 West 20th Street, New York, NY 10011-4211, USA

www.cambridge.org
Information on this title: www.cambridge.org/9780521859295

© John Henry Merryman 2006

This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without
the written permission of Cambridge University Press.

First published 2006

Printed in the United States of America

A catalog record for this publication is available from the British Library.

ISBN-13 978-0-521-85929-5 hardback
ISBN-10 0-521-85929-8 hardback

Cambridge University Press has no responsibility for
the persistence or accuracy of URLs for external or
third-party Internet Web sites referred to in this publication
and does not guarantee that any content on such
Web sites is, or will remain, accurate or appropriate.





CONTENTS

Contributors page vii
Foreword by John O. Haley ix
    INTRODUCTION 1
    John Henry Merryman  
1   VIEW FROM THE UNIVERSAL MUSEUM 15
    James Cuno  
    Appendix: Declaration on the Importance and Value of Universal Museums 34
2   FROM GLOBAL PILLAGE TO PILLARS OF COLLABORATION 37
    Talat Halman  
3   MUSEUMS AS CENTERS OF CULTURAL UNDERSTANDING 47
    Willard L. Boyd  
4   IMPERIAL APPROPRIATIONS OF THE PARTHENON 65
    William St Clair  
5   WHITHER THE ELGIN MARBLES? 98
    John Henry Merryman  
6   THE BEAUTIFUL ONE HAS COME – TO RETURN: THE RETURN OF THE BUST OF NEFERTITI FROM BERLIN TO CAIRO 114
    Kurt G. Siehr  
7   THE BEAUTIFUL ONE HAS COME – TO STAY 135
    Stephen K. Urice  
    Appendix I: The Bust of Nefertiti: An Annotated Bibliography 166
    Tracy Musacchio  
    Appendix II: A New Translation of Selected Egyptian Antiquities Laws (1881–1912) 175
    Adrienne L. Fricke  
8   NAGPRA FROM THE MIDDLE DISTANCE: LEGAL PUZZLES AND UNINTENDED CONSEQUENCES 193
    Michael F. Brown and Margaret M. Bruchac  
9   FINDERS KEEPERS AND DEEP AMERICAN HISTORY: SOME LESSONS IN DISPUTE RESOLUTION 218
    David Hurst Thomas  
Index 255




CONTRIBUTORS

Willard L. Boyd, Rawlings–Miller Professor of Law and President Emeritus, University of Iowa, and The Field Museum of Chicago, Willard-boyd@uiowa.edu

Michael F. Brown, Lambert Professor of Anthropology and Latin American Studies, Williams College, Michael.F.Brown@williams.edu

Margaret M. Bruchac, Abenaki, Repatriation Research Liaison for the Five College Repatriation Committee in the Connecticut Valley of Massachusetts, and Ph.D. candidate in anthropology at the University of Massachusetts Amherst

James Cuno, President and Director, The Art Institute of Chicago, jcuno@artic. edu

John O. Haley, Wiley B. Rutledge Professor of Law and Director, The Whitney R. Harris Institute for Global Legal Studies, School of Law, Washington University in St. Louis, johaley@wulaw.wustl.edu

Talat Halman, Turkey's First Minister of Culture, turkedeb@bilkent.edu.tr

John Henry Merryman, Sweitzer Professor of Law Emeritus and Affiliated Professor in the Department of Art Emeritus, Stanford University, merry@stanford.edu

Kurt G. Siehr, M.C.L. (Ann Arbor), Dr. iur. (Hamburg), Ph.D. (Zürich), kssiehr@compuserve.com or kurt.siehr@rwi.unizh.ch

William St Clair, Fellow of Trinity College, Cambridge, ws214@hermes.cam. ac.uk

David Hurst Thomas, Curator, Division of Anthropology, American Museum of Natural History, thomasd@amnh.org

Stephen K. Urice, Director, Project for Cultural Heritage Law and Policy, Philadelphia Museum of Art, and Lecturer-in-Law at the University of Pennsylvania Law School, urice@heritagepolicy.org





FOREWORD

The papers collected in this volume were first presented at a conference held at the Washington University School of Law on March 26–27, 2004. The conference was the fourth in a series of annual symposia organized and sponsored by the Whitney R. Harris Institute for Global Legal Studies. The complete proceedings, including the original presentation of each article in this volume with the discussion that followed, remain available in the Institute’s electronic archive of all of its principal conferences at http://law.wustl.edu/igls(Conferences/2003–2004/ImperialismArtResti- tutionConf04.html.

   The topic and title of the conference – Imperialism, Art and Restitution – originated with John Henry Merryman. His intellectual vision and organizing acumen made the event possible. Without his efforts neither the conference nor this volume could have been realized. Others also share credit. First and foremost are those who participated in the symposium as principal presenters, whose contributions are collected here, as well as the moderators and discussants: Michael Cosmopoulos (University of Missouri–St. Louis), Steven Gunn (Washington University), Michael Kelly (Creighton University), Serena Stier and Pamela Trimpe (University of Iowa), Susan Rotoff and Sarantis Symeonoglou (Washington University), Frederike Seligman and Mark Weil (Washington University).

   A special note of appreciation needs to be extended to the Washington University School of Art, which, with the support of its Dean, Jeffrey Pike, cosponsored the event. Others whose guidance, support and various forms of assistance require mention here include Joel Seligman, currently President of the University of Rochester, whose leadership and enthusiasm have been vital to the life of the Harris Institute since its founding during his tenure as Dean of the School of Law. Whitney and Anna Harris were active participants and from inception enthusiastic supporters of the conference. Robert Archibald, President of the Missouri Historical Society, provided useful advice. No program of this magnitude could have been successful, however, without the energy and dedication of Linda McClain, the Harris Institute’s especially able conference coordinator.

   I would like to extend a final word of appreciation to the editors of Cambridge University Press, who by making this volume possible have given permanence to the presentations in St. Louis, thereby enabling the ideas and intellectual contributions of the authors to reach a broader audience in both place and time.

John O. Haley


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