Brits Can't Return Nazi Loot
When it comes to deaccessioning---British museums, by law, can't. That helps bolster the British Museum's argument that it can't ship the Parthenon marbles back to Greece. But it also prevents the return of Nazi-expropriated works to their rightful owners or heirs.
Recently, heirs of Nazi victim Arthur Feldmann contented themselves with a $329,000 payout from the government, in lieu of return of four old master drawings, now in the British Museum, that were seized by the Nazis before they killed him.
But what if another victim or heir wanted the works, not the cash?
A court decision, almost a year ago, indicated that the British Museum trustees can not "meet such moral claims [like the Feldmann heirs'] under existing law:
It is now beyond doubt that, when there is a claim for an object in the British Museum collection which can be proved to have been stolen from a Jewish family by the Nazis, the object cannot be returned without the authority of an Act of Parliament.
This renders partly ineffectual the work that the museum has done to compile a list of works with uncertain World War II provenance.
However, talks are in progress to introduce legislation "to help put right these historic wrongs," according to culture minister David Lammy, quoted recently by BBC News.
What took so long? Could it be that such legislation might open the door to other "moral claims"---from source countries of antiquities, for example?
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CULTUREGRRL SPEAKS on museum issues and ethics, arts journalism.
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LEE ROSENBAUM I'm a veteran cultural journalist with many pieces in the New York Times, Wall Street Journal and major art magazines. I have been a cultural contributor on New York Public Radio (WNYC and WQXR) and have provided arts commentary on NPR and public radio stations in Philadelphia and Los Angeles. I am a HuffPost Arts writer. I've been profiled on the PBS NewsHour with Jim Lehrer's Art Beat and in the Chicago Reader. I've appeared as an art-market commentator on BBC-TV and have published numerous Op-Ed pieces in the New York Times and Los Angeles Times. I am author of The Complete Guide to Collecting Art (Knopf) and have lectured on cultural property issues at the New Acropolis Museum and the University of Pennsylvania, on deaccessioning at at Investigative Reporters and Editors 2011 Annual Meeting, Columbia Law School, the University of Iowa and a conference of the Museum Association of New York, on museum governance and cultural property issues at Seton Hall University, on arts blogging at American University and on Smithsonian exhibition controversies at Rutgers University.
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