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Eaton, A. W., I. Gaskell. Do Subaltern Artifacts Belong in Art Museums?
2009, In James O. Young & Conrad Brunk (eds.), The Ethics of Cultural Appropriation. Wiley

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Added by: Erich Hatala Matthes

Summary: Eaton and Gaskell argue that museums are "instruments of power," and then ask whether it is permissible for them to display the cultural heritage of peoples who have been subordinated. Ultimately, they argue that despite a series of arguments to the contrary, the display of "subaltern" artifacts is not just permissible, "but advantageous to all interested parties." They make the argument by posing and responding to four central objections to this position.

Comment: This is a careful and comprehensive look at ethical questions surrounding the display of "subaltern" cultural heritage in museums. If you plan to assign a single reading on this topic, use this one.

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Crane, Susan A.. Choosing Not to Look: Representation, Repatriation, and Holocaust Atrocity Photography
2008, History and Theory 47: 309-30.

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Added by: Erich Hatala Matthes

Summary: In this article, Crane, a historian, questions whether Holocaust atrocity photographs should be displayed, arguing that displaying them is not the best means of historical education about the horrors of the Holocaust, as some defenders argue. Her discussion includes reflections on the nature of photography, spectacle, how we look at images, and pedagogy surrounding historical injustices.

Comment: This text offers an opportunity to discuss the display of "negative heritage," and so offers a different angle than many of the articles on heritage which focus on appropriative display of more traditionally conceived heritage objects. The article also raises issues which can inspire discussion on moral criticism of art.

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Coombe, Rosemary J.. The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy.
1993, Canadian Journal of Law and Jurisprudence 6(2): 249-285.

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Added by: Erich Hatala Matthes

Abstract: The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue.

Comment: In this wide-ranging essay, Coombe situates debates about cultural appropriation in the context of colonial power dynamics. She discusses both appropriation of styles and stories as well as alienation of material cultural property. In particular, she criticizes the appeal to Western conceptions of property in these debates, and questions whether Native identity and autonomy can be appropriately protected by subsuming Native intangible cultural property claims under Western frameworks for intellectual property. This is a long and challenging essay, best used for more advanced courses. Alternative texts that capture some of the ideas here include Loretta Todd's "Notes on Appropriation" (on which Coombe draws), or, for a text that situates some of these ideas in the literature on epistemic injustice, see Erich Hatala Matthes, "Cultural Appropriation without Cultural Essentialism?".

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Jeffers, Chike. The Ethics and Politics of Cultural Preservation
2015, Journal of Value Inquiry 49(1-2): 205-220.

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Added by: Erich Hatala Matthes

Summary: Jeffers offers an account of the moral permissibility, and moreover, praiseworthiness of cultural preservation for the sake of the continued existence of cultural groups. He defends this argument against challenges about inauthenticity and incoherence leveled by Jeremy Waldron and Sam Scheffler. In a political context, Jeffers argues that cultural preservation can be obligatory as a component of resistance against colonialism and racism.

Comment: This text is readily applicable to a variety of cultural practices that constitute part of a cultural heritage or practice. It offers thoughtful considerations for discussion concerning the reasons one might have to engage (or not) in a particular cultural artistic practice.

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Keeshig-Tobias, Lenore. The Magic of Others
1990, In Language in Her Eye: Views on Writing and Gender by Canadian Women Writing in English, edited by Libby Scheier, Sarah Sheard and Eleanor Wachtel: Coach House Press

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Added by: Erich Hatala Matthes

Summary: In this short selection, Keeshig-Tobias (Ojibway) raises questions about representation and authenticity in fiction about Native people written by non-Native authors. With reference to certain Native belief systems, she contextualizes why the telling of a story could be viewed as theft in a way that might seem counter-intuitive to a liberal Western audience.

Comment: This is a useful piece to pair with any of the more theoretical writings on cultural appropriation. It articulates some Native perspectives on cultural appropriation that may be less familiar to students, as well as pointing out problems with some of the assumptions on which defenses of cultural appropriation sometimes depend.

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Walsh, Andrea N., Dominic McIver Lopes. Objects of Appropriation
2012, In Young, James O., and Conrad G. Brunk, eds. The Ethics of Cultural Appropriation: Blackwell Publishing.

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Added by: Erich Hatala Matthes

Summary: Walsh and Lopes argue that some appropriation can be beneficial and productive: in particular, the appropriation of elements of dominant culture by members of culturally marginalized groups. They explore this idea through discussion of such appropriative artwork by a number of contemporary First Nations artists, which they argue challenges "the assumed alignment of appropriator with oppressor and appropriatee with victim"(227).

Comment: This text serves as a useful counterpoint to the general framework employed in much of the other cultural appropriation literature. It is also a useful selection for course units focusing on art practice.

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Harding, Sarah. Justifying Repatriation of Native American Cultural Property
1997, Indiana Law Journal 72(3): 723-74.

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Added by: Erich Hatala Matthes

Summary: Harding's article offer an in-depth look at the theoretical justification for the Native American Grave Protection and Repatriation Act (NAGPRA) of 1990, paying special attention to the category of "cultural patrimony" under which non-funerary artworks will often fall if they are subject to NAGPRA. The paper focuses on three different approaches to justifying repatriation: in terms of compensation for historical injustices, the value of an object to a community, and challenging the very possibility of ownership of cultural patrimony. Harding ultimately favors this final approach, suggesting a stewardship model on which we all have obligations with respect to the protection of cultural property.

Comment: This is a long law review article, and so is best for more advanced classes. It is a useful text for instructors who are interested in exploring cultural property issues in a legal but philosophically informed context. One can also assign only certain sections focusing on particular issues. For a shorter article that also promotes a stewardship model, the Warren paper is a good substitute, though not likewise embedded in the legal issues (and written before the passage of NAGPRA).

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Thompson, Janna. Art, Property Rights, and the Interests of Humanity
2004, Journal of Value Inquiry 38(4): 545-560.

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Added by: Erich Hatala Matthes

Summary: In this paper, Thompson sets up a potential tension between two kinds of cases. On the one hand, we might think it is wrong for a wealthy collector to destroy great works of Western art that have value for all of humanity. On the other hand, we might think it is acceptable for indigenous peoples to rebury or ritually destroy artifacts from their culture, even though these works might also have value for all of humanity. How do we reconcile these intuitions? After discussing and dismissing attempts to resolve the problem by appeal to the value of the property for its possessors or the desires of non-owners, Thompsons suggests that by looking at the value of art in the context of different cultural traditions we can see why a certain universalism about the value of art will tell against allowing the destruction of artwork by the wealthy collector, but allow for the reburial or destruction of artifacts by certain indigenous communities.

Comment: This paper pairs well with Kwame Anthony Appiah's 'Whose Culture Is It, Anyway?' or Peter Lindsay's "Can We Own the Past? Cultural Artifacts as Public Goods." It is particularly good at engaging questions about the universal value of art and its implications for ownership introduced in those texts.

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Thompson, Janna. Cultural Property, Restitution and Value
2003, Journal of Applied Philosphy 20(3): 251-262

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Added by: Erich Hatala Matthes

Summary: In this paper, Thompson approaches questions about the repatriation of art and artifacts through the lens of cultural property. She briefly discusses the nature of cultural property itself, and then moves on to exploring how her preferred conception of cultural property (roughly, culturally significant objects that are legitimately acquired by a collectivity) can facilitate or hinder claims for repatriation. In particular, she discusses the relationship between cultural property-based claims and potentially countervailing considerations, such as the purported universal value (or "value for humanity") of cultural heritage.

Comment: This text offers a helpful introduction to cultural property and repatriation that is clear, readable, and concise. It is a good choice if you only have time for a single reading on this topic, but it also pairs well with most other readings in this module.

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Warren, Karen J.. A Philosophical Perspective on the Ethics and Resolution of Cultural Property Issues
1989, In The Ethics of Collecting Cultural Property, edited by Phyllis Mauch Messenger. USA: University of New Mexico Press.

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Added by: Erich Hatala Matthes

Summary: Warren's chapter offers a careful and systematic look at arguments concerning what she calls "the 3 R's": restitution (or repatriation) of cultural property, restrictions on cultural imports and exports, and the rights (to ownership, access, etc.) over cultural property. She ultimately argues that this framework should be overturned in favor of an approach to cultural property disputes that is modeled on conflict resolution. This approach deprioritizes traditional talk of property and ownership in favor of a focus on preservation.

Comment: Due to its clear and organized approach, this article is an excellent teaching resource, and a good choice in particular if you plan to do a single reading on repatriation issues. While it often focuses more on summary than developing the many argumentative approaches mentioned, it offers a helpful backbone for further discussion.

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