Who Owns the Past? Cultural Policy, Cultural Property, And the Law

  Author:   
  ISBN:    0813536871
  Sales Rank:    560212
  Published:    2005-09-30
  Publisher:    Rutgers University Press
  # Pages:    362
  Binding:    Hardcover
  Avg. Rating:    3.0 based on 4 reviews
  Used Offers:    7 from $27.96
  Amazon Price:    $27.96
  (Data above last updated:  2008-10-11 09:25:55 EST)
  
  
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Who Owns the Past? Cultural Policy, Cultural Property, And the Law
  
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.

                  Reader Reviews 1 - 7 of 7                 
  
  
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08-06-08 5 1\1
(Hide Review...)  Rises above the hyperbole
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Who Owns the Past is exactly what it purports to be, a compilation of views written by people with a wealth of knowledge and direct experience in the intricate world of cultural property preservation. The Review by Amy-D above is unfortunately an ideological polemic that belongs in a blog, not in a review. Anyone who wishes to learn about the issue must study and evaluate the arguments presented by diverse and sometimes conflicting interests. This book presents a position that is certainly germane to the discussion and one that any rational thinker will be able to appreciate. It is insightful, intelligent and surprisingly inexpensive. I highly recommend it.
(Review Data Last Updated: 2008-10-10 10:38:27 EST)
11-18-07 2 (NA)
(Hide Review...)  Not "Balanced," but worth a read if interested in the subject
Reviewer Permalink
This book is touted as a "balanced" discussion of the subject matter. Not so. It is decidedly slanted towards the viewpoints of museums and collectors and shortchanges other viewpoints, including those of archaeologists and others determined to halt looting of cultural sites and the trade in illicit antiquities. One example of bias: While reading the chapter on the Portrait of Wally litigation, I was conviced that the author did not understand the legal process because so much of what of what he lamented actually made sense in terms of how a litigation progresses. Was I shocked to find that not only was the author a lawyer, but he was a lawyer for one of the parties in that lawsuit (notably the one who didn't win many of the court's rulings). How can you expect a balanced perspective from someone like that? He is entitled to his opinion, but he was a sore loser who twisted the description of the legal process in order to make his point. While I found it worthwhile to read these perspectives, I felt that I had been duped into buying this book on the premise that it actually represented many points of view.
(Review Data Last Updated: 2008-02-14 16:18:17 EST)
11-17-07 2 1\1
(Hide Review...)  Not "Balanced," but worth a read if interested in the subject
Reviewer Permalink
This book is touted as a "balanced" discussion of the subject matter. Not so. It is decidedly slanted towards the viewpoints of museums and collectors and shortchanges other viewpoints, including those of archaeologists and others determined to halt looting of cultural sites and the trade in illicit antiquities. One example of bias: While reading the chapter on the Portrait of Wally litigation, I was conviced that the author did not understand the legal process because so much of what of what he lamented actually made sense in terms of how a litigation progresses. Was I shocked to find that not only was the author a lawyer, but he was a lawyer for one of the parties in that lawsuit (notably the one who didn't win many of the court's rulings). How can you expect a balanced perspective from someone like that? He is entitled to his opinion, but he was a sore loser who twisted the description of the legal process in order to make his point. While I found it worthwhile to read these perspectives, I felt that I had been duped into buying this book on the premise that it actually represented many points of view.
(Review Data Last Updated: 2008-02-15 11:52:34 EST)
04-24-07 4 2\2
(Hide Review...)  The below review is extremely unfair
Reviewer Permalink
This book is not a multi-page lamentation on how various people are "oppressed" by the evil rich collectors who steal their culture for the sake of owning curios. This book is written from a very balanced perspective that takes into consideration the textural aspects of this issue, from both a cultural patrimony standpoint and one of the antiques trade.



If you are looking for a book that will reaffirm your belief that the "evil rich collectors" are oppressing the poor ethnic peoples, this isn't it. If you are looking for a book that is blame-centric and seeks to demonize people who can afford to buy antiquities, this isn't it either.



If you are looking for a cool-headed, honest assesment of the issue that takes into account all parties involved, you will be well served with this book.
(Review Data Last Updated: 2007-09-07 06:41:33 EST)
04-24-07 4 2\2
(Hide Review...)  The below review is extremely unfair
Reviewer Permalink
This book is not a multi-page lamentation on how various people are "oppressed" by the evil rich collectors who steal their culture for the sake of owning curios. This book is written from a very balanced perspective that takes into consideration the textural aspects of this issue, from both a cultural patrimony standpoint and one of the antiques trade.

If you are looking for a book that will reaffirm your belief that the "evil rich collectors" are oppressing the poor ethnic peoples, this isn't it. If you are looking for a book that is blame-centric and seeks to demonize people who can afford to buy antiquities, this isn't it either.

If you are looking for a cool-headed, honest assesment of the issue that takes into account all parties involved, you will be well served with this book.
(Review Data Last Updated: 2007-11-18 23:15:02 EST)
09-24-06 1 12\15
(Hide Review...)  a masquerade of accountability
Reviewer Permalink
This book is sponsored by the American Council for Cultural Policy and is an excellent illustration that this organization is completely devoid of ethics. The various articles in the volume detail how the 'innocent' art and antiquities dealer and collector could and should be protected by U.S. law, all the while defaming the rights and plight of Native Americans, victims of Nazi appropriations, and countries suffering from massive art market-driven looting, to name only a few. Property laws figure heavily in these debates, but naturally the question of how stolen or looted art and antiquities become the 'property' of collectors and dealers is answered in such ways as to show the dealers and collectors as the true victims of both the thefts and the judicial systems. Although the book is claimed as a balanced discussion of the many complex issues surrounding the ownership of cultural property, it is clearly in the corner of the wealthy dealers and collectors (and their lawyers).
(Review Data Last Updated: 2007-04-11 15:24:35 EST)
09-23-06 1 11\14
(Hide Review...)  a masquerade of accountability
Reviewer Permalink
This book is sponsored by the American Council for Cultural Policy and is an excellent illustration that this organization is completely devoid of ethics. The various articles in the volume detail how the 'innocent' art and antiquities dealer and collector could and should be protected by U.S. law, all the while defaming the rights and plight of Native Americans, victims of Nazi appropriations, and countries suffering from massive art market-driven looting, to name only a few. Property laws figure heavily in these debates, but naturally the question of how stolen or looted art and antiquities become the 'property' of collectors and dealers is answered in such ways as to show the dealers and collectors as the true victims of both the thefts and the judicial systems. Although the book is claimed as a balanced discussion of the many complex issues surrounding the ownership of cultural property, it is clearly in the corner of the wealthy dealers and collectors (and their lawyers).
(Review Data Last Updated: 2007-04-10 10:13:46 EST)
  
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