J. H. Merryman, a professor at Stanford University, speaks of two schools of thought on cultural heritage.
The first of these two schools affirms the principle of cultural nationalism, considering the cultural heritage as an integral part of national cultural heritage. The assets have national characteristics, regardless of ownership or the place where they are. This theory implies the need not to release the national wealth from the ground (unless it is accompanied by special permission), and to request the return of stolen assets. This ancient concept of "national-ethnic" was once widely followed and consists of the common language, traditions, religion and beliefs that are peculiar to each people and characterizing it as a way of relating to nature and to others. Although the idea is not 'never been completely abandoned, the conventions have moved away from this idea, as would have enabled the realization of international cooperation is very limited and thus largely useless.
The second theory comes instead from international culture. Cultural heritage is understood as part of the common culture of the human species. No importance is given to the source, the current location of the property or property rights and national jurisdiction. Internationalism cultural heritage of providing care at three levels: the preservation, integrity and accessibility of goods.
The idea of internationalism and cultural 'already present' in the Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, while in more recent documents, and may encounter more and more the dominance of nationalism.Even UNESCO, because of increases in the Member States called "source nations", has changed its position in favor of cultural nationalism.
Merryman defines cultural nationalism as a vestige of the romanticism of the nineteenth century, giving the example of the refund application by Greece of the Elgin Marbles. The English Lord Elgin has been removed, between the years 1801 and 1812, the marble sculptures from the Parthenon, then transporting them to England. Since 1816 the sculptures in the collection of the British Museum under the name The Elgin Marbels. The Greeks have requested a refund, because the removal of the marbles would have seriously damaged a monument of immeasurable value.The first official request was submitted in 1983, arousing great interest among the public.
Accept the principle of restitution would create a dangerous precedent for all museums and private collections in the world, especially for major European and American museums. The Greek request was officially rejected by the British Government in 1984.
Marryman disagrees with the request of Greece, declared without foundation. All steps of transferring property, the removal of the Parthenon marbles to their sale to the British Museum, would take place following all the rules in force at that time.Cultural nationalism, always in his view, demonstrates the fundamentals of doubtful value, being conceived on patriotism and emphasizing only the interests of national scope. A well made in a given territory, not 'automatically and inextricably linked to it.
However, there are 'dissenting opinions also supporting the request to return the marbles to Greece. Some evidence would suggest that Lord Elgin had not actually 'bought the marbles, but that they had obtained by bribing the authorities' Greek era.At the same time, 'You can ask questions on the legitimacy' of transactions made by the authorities 'then, since' Greece was at that time was under the rule of the Ottoman Empire, which means that decisions on cultural heritage were the occupancy.Nowadays quite common to hear the various governments and their respective nations to apologize for past actions, potentially including legal at the time that modern view are totally inappropriate. For this reason it is expected that the British Museum's ancient remedies for errors. It had always said that Greece did not have adequate facilities to store the marbles, which was totally denied by the inauguration of the new Acropolis museum. Many hope that the British Museum will be able to 'one day follow the example of Italy, which has returned to the nation a piece of marble, long exposed in the Salinas Museum in Palermo.
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