Against Cultural Property Archaeology,Heritage and Ownership

If 'all property is theft', then Cultural Property is nothing less than the theft of culture. The term 'cultural property' is widespread in the field of heritage management and is a particularly powerful concept in legal approaches, but its validity is never challenged. The idea that material that comes to us from the past should be considered 'property' accordingly seems to be taken for granted by those charged with its care. Any debate that does take place is limited to comparing private with state ownership, often under the pretence that the latter represents a form of 'stewardship'. This radical work seeks to challenge the dominance of these limiting ideas by looking for alternatives. Taking as a starting point the four different types of property relation generally recognized by lawyers and economists, the book explores the implications for cultural objects of different property regimes. In presenting an argument that the concept of 'property' is inappropriate for the heritage, the book challenges much that is taken for granted in the field of heritage management.

John Carman is Birmingham University Strategic Development Research Fellow in Heritage Valuation.