Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (2)
- Antiquities (1)
- Arbitration (1)
- Archaeology (1)
- Art (1)
-
- Colonialism (1)
- Conflict resolution (1)
- Constitution (1)
- Constitutional interpretation (1)
- Cultural artifacts (1)
- Cultural heritage (1)
- Cultural objects (1)
- Cultural property (1)
- Culture (1)
- Decolonization (1)
- Ethiopia (1)
- Ethnic (1)
- Ethnic conflict (1)
- Hearing (1)
- Indigenous (1)
- Indigenous rights (1)
- International law (1)
- Law (1)
- Legal process (1)
- Literacy (1)
- Literate (1)
- Looting (1)
- McLuhan (1)
- Mediation (1)
- Minority (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Looted Cultural Objects, Elena Baylis
Looted Cultural Objects, Elena Baylis
Articles
In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …
Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis
Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis
Articles
Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds …
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
Articles
This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …