Cultures and cultural property

Journal of Applied Philosophy 24 (2):111–124 (2007)
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Abstract

abstract In a number of contexts one comes across the suggestion that cultures are collective owners of cultural property, such as particularly significant works of art. Indigenous peoples are often held to be collective owners of cultural property, but they are not the only ones. Icelandic culture is said to have a claim on the Flatejarbók and Greek culture is held to own the Parthenon Marbles. In this paper I investigate the conditions under which a culture is the rightful owner of cultural property. I argue against the claims that cultures inherit cultural property. I also argue that a culture's claim to own cultural property is seldom, if ever, founded on either practices employed in the culture or collective production of cultural property. I maintain, however, that the very value of cultural property for some culture can, in some instances, provide the basis for the culture's claim on the property.

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James O. Young
University of Victoria

Citations of this work

Who Owns Up to the Past? Heritage and Historical Injustice.Erich Hatala Matthes - 2018 - Journal of the American Philosophical Association 4 (1):87-104.
The Ethics of Cultural Heritage.Erich Hatala Matthes - 2018 - Stanford Encyclopedia of Philosophy.
Repatriation and the Radical Redistribution of Art.Erich Hatala Matthes - 2017 - Ergo: An Open Access Journal of Philosophy 4:931-953.
When does Something ‘Belong’ to a Culture?Joshua Lewis Thomas - 2021 - British Journal of Aesthetics 61 (3):275-290.

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References found in this work

Profound offense and cultural appropriation.James O. Young - 2005 - Journal of Aesthetics and Art Criticism 63 (2):135–146.
Cultural Property, Restitution and Value.Thompson Janna - 2003 - Journal of Applied Philosophy 20 (3):251–262.

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