John Henry Merryman – författare

The issue of returning art and cultural property removed from explored or conquered lands by Americans and Europeans is an unresolved problem. This book is about the return, or not, of works of art and antiquity taken during the Age of Imperialism and now held in museums and private collections. Arguments put forth by the states seeking return or restitution for lost art treasures and meaningful cultural icons are pitted against conservator interests who maintain that these art treasures and cultural artefacts belong to all humanity and should be preserved in museums. In this volume, scholars and authorities on art, cultural property law and museum collections offer contrasting views on topics such as the Elgin Marbles, the return of the Nefertiti Bust and the problems and progress of the Native American Graves Protection and Repatriation Act (NAGPRA).

The issue of returning art and cultural property removed from explored or conquered lands by Americans and Europeans is an unresolved problem. This book is about the return, or not, of works of art and antiquity taken during the Age of Imperialism and now held in museums and private collections. Arguments put forth by the states seeking return or restitution for lost art treasures and meaningful cultural icons are pitted against conservator interests who maintain that these art treasures and cultural artefacts belong to all humanity and should be preserved in museums. In this volume, scholars and authorities on art, cultural property law and museum collections offer contrasting views on topics such as the Elgin Marbles, the return of the Nefertiti Bust and the problems and progress of the Native American Graves Protection and Repatriation Act (NAGPRA).

Since its first publication in 1979, Law, Ethics, and the Visual Arts has been the foundational text in the field of art law. This thoroughly reorganized and updated sixth edition takes a fresh look at primary materials and commentary from previous editions, extending the book's analysis with significant changes in format and content to reflect changes in the field. The book has multiple uses and audiences: a text for courses in law schools and graduate programs, a reference work for lawyers and museum professionals, and a lively read - filled with engaging legal stories and colorful anecdotes featuring the broad cast of characters in the art world. Complementing their own observations, the authors include excerpts from judicial opinions, scholarly and popular articles, international treaties, and statutory law. Law, Ethics, and the Visual Arts offers a cornucopia of examples, questions, issues, and lessons for students, artists, dealers, collectors, attorneys, and any reader curious about today's complex world of the visual arts.

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

La finalidad de este libro es establecer las relaciones existentes entre los sistemas legales de Europa occidental y América Latina, aquellos que los distinguen de los sistemas legales del mundo norteamericano en materia de derecho civil.

The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly-expanded array of essays: Why are people concerned about cultural property Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th century romanticism, kept alive by the power of Byron''s poetry? How can one rationalize cultural nationalism with the idea that works of art and antiquities are the cultural heritage of all mankind? What are alternative ways of thinking about cultural property policy and law? The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly-regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist''s resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, John Henry Merryman, is an Emeritus and Affiliated Professor in the Department of Art at Stanford Law School. He is a widely respected authority in the fields of international cultural property and art law.

The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly-expanded array of essays:

Why are people concerned about cultural property?Is cultural nationalism a sound organizing principle for dealing with cultural property questions?Or is it a relic of 19th century romanticism, kept alive by the power of Byron''s poetry?How can one rationalize cultural nationalism with the idea that works of art and antiquities are ‘the cultural heritage of all mankind?’What are alternative ways of thinking about cultural property policy and law?

The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property.

The second part of this highly-regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist''s resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.

The author, John Henry Merryman, is an Emeritus and Affiliated Professor in the Department of Art at Stanford Law School. He is a widely respected authority in the fields of international cultural property and art law.

Since its first edition in 1979, Law, Ethics and the Visual Arts has established itself as the leading art law text among law professors, students, and practitioners. This new and newly illustrated, fifth edition, revised in collaboration with Stephen K. Urice, incorporates recent changes in treaty, statutory, and case law. It includes discussion of recent developments from the resurgence of iconoclasm to military conflicts’ depredations on cultural property. As in earlier editions, the authors present legal issues in their historical contexts.

The broad range of topics addressed in the fifth edition, makes the text especially adaptable for use in multiple classroom settings.

These topics include:

• US museums’ return of works of art and antiquities to claimants such as Holocaust survivors and foreign nations• Artist’s rights such as copyright and moral rights• International movement of art and antiquities• Fakes and forgeries in the art market• The inner workings of art auctions• Plundering and destruction of works of art in times of war and military conflict• Censorship of “obscene” or politically challenging works of art• And many more

In this edition, documents previously presented in a separate documentary appendix have been integrated into the text to provide immediate access to important treaties and other materials.

Whether you need to understand something as provocative as who owns the past, or something as apparently straightforward as whether a museum can sell a work of art to raise funds for a new roof, Law, Ethics and the Visual Arts provides the information you need. It combines unassailable scholarship with a deeply humanistic approach, recognizing that law and art each “impose a measure of order on the disorder of experience without stifling the underlying diversity, spontaneity, and disarray” (Paul Freund).

In these critical essays a leading comparative lawyer:

• examines the movement for convergence of the Civil Law and the Common Law• describes the Italian Style and the French Deviation• contrasts Common Law estate with Civil Law ownership• explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers• exposes the fatal emptiness at the core of the Law and Development movement• proposes a marriage of comparative law and scientific explanation• emphasizes the fundamental relation between law and social and cultural change• argues that the dominant tradition of comparative law teaching and scholarship is trapped in a cramped and arid 19th century paradigm• advocates a culturally broader and historically richer approach to comparative law teaching and scholarship