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

• Why is cultural heritage important to communities?
• Intrinsic or extrinsic value?
• Identity and personhood
• The link between place and cultural heritage
• 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 (of which some of the following may be covered)
• Internationalism versus nationalism
• Functionalist approach to cultural heritage
• The universal museum
• Introduction to repatriation - a political tool or restorative justice?

Caring for art and cultural heritage

• The recognition of care, preservation and access in legal and non-legal instruments
  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
• Decolonisation of museums and the role of repatriation in decolonisation
• 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 (of which some of the following may be covered)

• 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

Specific reading list for the module

Research element

As part of the curriculum and both assessments students will expand their knowledge through independent research.

Interdisciplinary

This module intersects with museum studies, art history, colonial studies, anthropology and sociology.

International

This module includes elements of international law and also histories of empire and colonialism which manifest in claims for the repatriation and restitution of cultural heritage from museums and other collections.

Subject specific skills

Understanding of and ability to apply elements from both the inter- and intra-disciplinarity of art and cultural heritage
law. Ability to discuss critically issues relating to art and cultural heritage.

Transferable skills

Ability to critically engage with contemporary issues. Awareness of issues relating to colonialism and the lasting
impacts of these. Ability to articulate ideas and to engage in discourse. Ability to articulate ideas through written and oral advocacy and to defend positions when challenged. Ability to