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Lecture Notes Property I
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Cultural property, appropriation
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W4 C3 – PROPERTY AS CULTUREDiscussion Questions:
1. As a matter of definition, is cultural property inalienable?
Alienating in property law is to transfer.
Cultural identity is intrinsic but you can move physically cultural property
The statement is kind of weird to say because by definition cultural property has
already been taken. A contradiction in terms. Property is transferable.
Cultural property is its own entity.
3. Why are some things, rather than others, treated as items of cultural property?
Difficult concept to define.
Cultural property is a subset of cultural heritage. Intangible things like folklore and
art, etc.
Represents a nation’s past culture.
Identity is an important word here as well
Relative; e.g. you find a cultural artefact dug deep in your garden. If its only from 20
years ago you can just dismiss it as the old owners. If its 300 years old and has fancy
stuff on it you can be surprised and curious as we do not have much info of the time.
4. Should the Parthenon Marbles be returned to Greece?
Personal notes
1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict:
Adopted in the wake of massive destruction of cultural heritage during WW2.
First international treaty with a world-wide vocation focusing exclusively on the protection of cultural
heritage in the event of armed conflict.
Covers (im)movable cultural heritage, like monuments of art, history, archaeology, architecture,
books, manuscripts, scientific collections etc. (disregards origin or ownership).
Adoption of peacetime safeguarding measures such as the preparation of inventories, planning of
emergency measures for protection or the provision for adequate in situ protection of such property
as well as designation of competent authorities for this role.
Respect for cultural property situated within their own territory as well as within other states, by
refraining from use of the property and its immediate surroundings or of the appliances In use for its
protection for purposes likely to expose it to destruction or damage in the event of armed conflict,
and by refraining from any act of hostility directed against such property.
Consideration of the possibility of registering a limited number of refuges, monumental centres and
other immovable property of very great importance in the International Register of Cultural Property
under Special Protection order to obtain special protection for such property.
Consideration of the possibility of marking of certain important buildings and monuments with a
distinctive emblem of the Convention.
Establishment of special units within the military forces to be responsible for the protection of
cultural property.
Sanctions for breaches of the Convention.
Lastly, wide promotion of the convention within the general public and target groups such as cultural
heritage professionals, the military or law-enforcement agencies.
Is land seen now more as a commodity than as a title?
Women COULD own property but they were unable to inherit. If they married someone their property
would transfer to the male.
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