‘Return of Cultural Treasures to their Countries of Origin’: Principle or Trend in Cultural Property Law?

2014 ◽  
Vol 21 (3) ◽  
pp. 243-250
Author(s):  
Robin Feldman

Abstract:It is an honor to be invited to speak at this symposium, both for the kind invitation to address this society, and for the opportunity to honor an esteemed scholar from my alma mater, Stanford.I come to this symposium, not as an expert in cultural property, but as an inhabitant of the field of biotechnology and intellectual property law. Although the view from a distance can provide different perspectives, it lacks the layers of understanding and meaning that are accumulated by those who are steeped in the field. I cannot possibly hope to offer solutions to issues with which many brilliant minds have spent a lifetime grappling. Thus, I temper my comments with the caution appropriate for the exercise. What I can do is offer comparisons from the treatment of human cells, as well as observations I have suggested in that context.


2014 ◽  
Vol 21 (3) ◽  
pp. 237-242
Author(s):  
Daniel Shapiro

Abstract:I have been asked to write personally of John [Merryman]. Not of him as scholar, educator, author, nor even as father of the fields of art and cultural property law, but as the person who did these things, and more. To present an inclusive, all-embracing picture of John, the universalist, both in himself and what he has done.First, I owe my interest, career, and whatever contributions I have made as lawyer, teacher, and writer on art and cultural property law to John. Nearly 30 years ago, as a corporate litigator and neophyte collector interested in the connection between art and law, I read Law Ethics and the Visual Arts.1 In chapters entitled “Plunder, Destruction, and Reparation” and “An Artist’s Life,” I was taken by its commitment to culture, its questions—such as, Can art be more valuable than a life?—and its overarching ethical yet concrete approach to them. I became a fledgling in the fields of art and cultural property law. A few years later I met John at a conference in Amsterdam. He became a mentor, model, and friend.


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