Restitution Policies on Nazi-Looted Art in the Netherlands and the United Kingdom
A Change from a Legal to a Moral Paradigm
Bibliographic Data
| ID | 4282586 |
|---|---|
| Authors | Tabitha I Oost (0000-0002-0548-6383, University of Amsterdam, corresponding author) |
| Year | 2018 |
| Volume | 25 |
| Issue | 2 |
| Pages | 139-178 |
| Publication date | 2018-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Cultural Property (JOURNAL) |
| Journal identifiers | ISSN: 0940-7391 • E-ISSN: 1465-7317 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0940739118000103 |
| OpenAlex | W2808988837 |
| Language | EN |
| Citations received | 5 |
| References cited | 14 |
This article considers the constant tension facing several national panels in their consideration of Nazi spoliation claims concerning cultural objects. It will argue that this tension results from a shift in paradigms in dealing with Nazi-related injustices-from a strictly legal paradigm to a new victim groups-oriented paradigm, where addressing and recognizing the suffering caused by the nature of past crimes is central. While these national panels originate from this new paradigm and embody the new venues found for dealing with Nazi-looted art claims, this paradigm change at the same time presents these panels with a predicament. It seems impossible to abandon the legalist paradigm completely when remedying historical injustices in the specific category of cultural objects. Through a comparison between the Dutch and United Kingdom (UK) systems, this article will illustrate from both an institutional and substantive perspective that these panels seem to oscillate between policy-based, morality-driven proceedings (new paradigm) and a legal emphasis on individual ownership issues and restitution in kind (old paradigm). This article addresses this tension in order to provide insights on how we could conceptually approach and understand current restitution cases concerning Nazi-looted art in the Netherlands and the UK
Epistemology · Law and economics · Nazism · Paradigm shift · Political science · Restitution · Sociology · Archaeological Research and Protection · Law · Law in Society and Culture · Legal principles and applications · Philosophy
Balancing the Ledger
The Aboriginal Shield from the Collection of the British Museum
Forensic Art History
The Conflation of Morality and "the Fair and Just Solution" in the Determination of Restitution Claims Involving Nazi-Looted Art
From "Leader to Pariah"? On the Dutch Restitutions Committee and the inclusion of the public interest in assessing Nazi-spoliated art claims
Art as Politics in the Third Reich
The Restitution of Holocaust Looted Art and Transitional Justice
The Ethics of Collecting Cultural Property
Current Legal Problems, 1953
Imperfect Justice
Two Rounds of Postwar Restitution and Dignity Restoration in the Netherlands and France
Redressing Historic Wrongs, Returning Objects to Their Rightful Owners or Laundering Tainted Objects? 21st-Century UK Remedies for Nazi-Era Injustices
Putting into Place Solutions for Nazi Era Dispossessions of Cultural Objects
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,71 |
| Citation span | 2019 - 2026 (8) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 5 |