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A Research Agenda for Cultural Heritage Law

A Research Agenda for Cultural Heritage Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781035324415
  • 出版时间 August 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,116.25

¥1,082.77 Save ¥33.48 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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