Introductory description

This module provides an opportunity for students to study the developing area of art and cultural heritage law and to engage with the legal and policy considerations involved in regulating objects, places and practices that have a cultural, historical, religious or artistic value to particular cultural communities, nations or to humankind.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Definitional woes

• Tangible and intangible cultural heritage

• Cultural heritage or cultural property?

• Legal problems with defining 'art'

• Law’s influence on definitions

Value, identity and place

• Intrinsic or extrinsic value?

• Identity and personhood

• The link between place and cultural heritage

• The paradox of cultural property

• Decontextualised objects v the aesthetic object

• Legal protection of value

International norms

• UNESCO, the Council of Europe and EU treatment of cultural heritage

• Cultural rights & human rights

• Protection in the event of armed conflict

Key theories/grand narratives

• Internationalism versus nationalism (discussion of John Henry-Merryman and Francioni)

• Functionalist approach to cultural heritage (e.g. Loulanski)

• The universal museum (discussion of Cuno and Ahmad) -

• Introduction to repatriation - a political tool or restorative justice?

Preservation and access to cultural heritage

• The ‘Playing Darts with a Rembrandt’ anomaly (more protection from harm for listed buildings and their fixtures than Old Masters)

• Conditional exemption scheme (taxation benefits)

• The illicit trade in art and cultural objects

Repatriation and restitution

• Legal impediments to repatriation (UK)

• Inter-governmental efforts

• Nazi looted artworks: return and restitution - returning objects to their 'rightful owners'

• Non-litigious options & determining cases based on ethical precepts (e.g. Spoliation Advisory Panel and comparable European panels)

Museum codes of ethics as a regulatory mechanism

• International and national codes (ICOM and Museums Association)

• The development of ‘soft law’

Commodifying cultural heritage and art

• Taxation

• Selling street art

• Artists’ Resale rights

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate, in an informed and critical manner, a consolidated understanding of key academic, cultural and political arguments concerning the regulation of cultural heritage
• Construct and defend coherent and persuasive arguments about the legal and ethical implications of decisions involving cultural heritage
• Critically analyse and apply relevant scholarly materials and primary sources to real and hypothetical situations
• Undertake and present interdisciplinary research in a critical and thoughtful manner.
• Demonstrate an ability to enter into informed and critical debate through written work, oral presentations and group discussions.

Indicative reading list

View reading list on Talis Aspire

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.