Antiquities: what everyone needs to know PDF
Preview Antiquities: what everyone needs to know
i ANTIQUITIES WHAT EVERYONE NEEDS TO KNOW® ii iii ANTIQUITIES WHAT EVERYONE NEEDS TO KNOW® MAXWELL L. ANDERSON 1 iv 3 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark of Oxford University Press in the UK and certain other countries. “What Everyone Needs to Know” is a registered trademark of Oxford University Press. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. CIP data is on file at the Library of Congress ISBN 978–0–19–061493–5 (pbk) ISBN 978– 0– 19– 061492– 8 (hbk) 1 3 5 7 9 8 6 4 2 Paperback printed by LSC Communications, United States of America Hardback printed by Bridgeport National Bindery, Inc., United States of America v To Chase and Devon vi vii CONTENTS ACKNOWLEDGMENTS XV FOREWORD XIX Part I: Legal and Practical Realities 1 Defining Antiquities 3 What are the differences among antiquities, archaeological materials, and ancient art? 3 How is archaeological material defined? 3 How are scientifically excavated objects removed from under land or water? 4 How is ancient art defined? 7 Are there accepted arbiters of these definitions? 9 How have these definitions changed over time? 12 How do different countries define antiquities? 13 What are the differences among countries, nations, and ‘state parties’? 13 How do scholars define antiquity differently from culture to culture? 14 2 Cultural Ownership: Past and Present 19 Did people collect in antiquity? 19 How did artifacts move across cultures in the ancient world? 28 viii viii Contents When did ancient cultures turn into modern ones? 29 Who gets to decide whether an artwork has ‘repose’— or a permanent claim to stay in its current place? 30 What happens to cultural ownership when governments or regimes change? 31 Why does a modern nation have a claim to an ancient culture? 31 3 Framing Today’s Debate 34 What are the key issues in debate on this matter? 34 What are the fault lines between archaeologists and those defending collecting? 39 What is at stake in the debate? 41 Who gets to decide the outcomes of claims and counterclaims? 41 How has the debate changed over the last few years? 42 4 The Cosmopolitan Argument 47 What does the contextual argument leave unanswered? 47 What is the cosmopolitan argument? 48 How is it rooted in history? 53 What practical steps are implied in the cosmopolitan argument? 54 How has the cosmopolitan argument been received? 55 5 Divining Originals, Pastiches, and Forgeries 57 What are the origins of copying and forging antiquities? 57 How is an original antiquity recognized as such? 58 What reveals that an antiquity has been restored? 61 What is meant by an intervention? 62 How are replicas defined? 62 What is meant by pastiches? 63 How do experts identify forgeries? 64 ix Contents ix How long have there been forgeries? 65 Are fakes and fraudulently restored artifacts a big part of the market? 66 How do experts insure that works are authentic? 67 Are there degrees of authenticity? 68 How many forgeries make their way into established collections? 69 Part II: Settled Law and Open Questions 6 International Conventions and Treaties 73 What prompted a global conversation about conventions on cultural property? 73 Is there a generally accepted understanding of which antiquities are legal to export and import? 74 What are the international treaties governing what is legal? 75 How have market nations dealt with the UNESCO Convention? 77 How have source nations dealt with the UNESCO Convention? 80 What treaties have come in the wake of the UNESCO Convention? 82 What is meant by “good faith”? 83 7 National Laws and Statutes 85 How do national laws intersect with foreign legal systems? 85 What are the differing laws among so- called ‘source’ countries protecting ancient artifacts? 89 What are the export restrictions of art-r ich nations? 91 What are the import restrictions of nations where collecting is robust? 92 How and where are stolen works seized by government authorities? 92 8 Modern National Identities 95 What modern nations first codified the concept of cultural patrimony or state ownership? 95 How much does state ownership depend on national identities? 96
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