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A Research Agenda for Cultural Heritage Law


ISBN13: 9781035324415
Published: August 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



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Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.

This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.

Building on empirical insights as well as current legal scholarship, this book challenges assumptions about the role of cultural heritage law. Dissecting binaries such as international versus national, public versus private, and tangible versus intangible, Lucas Lixinski questions the foundations of the field before examining it through different theoretical lenses such as historicization and pragmatism. He engages with broader concerns in the legal discipline including human rights and the interests of local communities, and considers arguments in favour of and against cultural restitution. Ultimately, Lixinski argues that critical heritage law research must focus on interculturality and redistribution, and inspires the reader to leverage these ideas and tools for social justice.

Engaging and innovative, this book is a valuable resource for PhD researchers looking to take their studies beyond the status quo. Its novel reflections will also engage established academics in cultural heritage and art law, intellectual property law, public international law and critical heritage studies.

Subjects:
Art and Cultural Heritage Law
Contents:
1. Introduction: designing a research agenda for cultural heritage law

PART I. WHAT: HERITAGE LAW’S UNHELPFUL BINARIES
Introduction to Part I
2. National v international
3. Property v heritage
4. Tangible v intangible
5. Public v private

PART II. HOW: HERITAGE LAW’S METHODS
Introduction to Part II
6. Doctrinal heritage law: legal stability and principle
7. Historicising heritage law: law of the past, in the present, and for the future
8. Critical traditions and heritage law: power, identity, and the risk of lack of commitment to a normative outcome
9. Pragmatism in heritage law: finding a solution for the case at hand

PART III. WHY: HERITAGE LAW’S GOALS AND EMERGING CHALLENGES IN THE FIELD
Introduction to Part III
10. To strengthen the operation of the field: cultural heritage law and disasters
11. To reassess the foundations of the field: human rights and communities
12. To theorise the field and its normative commitments: interculturality and cultural heritage law
13. To make the field serve the world: cultural heritage law and redistribution
14. Instead of conclusions