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Vol 21 No 11 Nov/Dec 2016

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Heritage, Ancestry and Law: Principles, Policies and Practices in Dealing with Historical Human Remains

Edited by: Ruth Redmond-Cooper

ISBN13: 9781903987377
Published: May 2015
Publisher: Institute of Art and Law
Country of Publication: UK
Format: Paperback
Price: £35.00



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Almost daily the world media report some new discovery of important human remains, or some new claim to the return of existing remains, or some extraordinary scientific or historical advance achieved through studying human remains or the objects buried with them.

This topical collection of essays examines such questions as: the extent to which holding institutions should disclose the presence and identity of human remains in their collections; the implications of the discovery and movement of deceased monarchs and other persons of importance; the impact of the ECHR and national legislation on the holding and treatment of human remains; ecclesiastical attitudes; and the obligations of those involved in construction projects where human remains are discovered.

The authors include lawyers, museum staff, academics and others, and the chapters discuss how they interpret aspects of law, policy and ethics when creating displays, curating collections and undertaking research. They explore what is meant by respect for human remains, and how we demonstrate it.

They examine how we treat some remains differently to others – recent dead vs ancient dead, or different categories of people – why this is, and where the boundaries are. The different uses to which remains are put (exhibition, teaching and scientific research) are also covered, and the reasons for why museums and galleries take the varied approaches they do are studied.

Essential reading for anyone involved in the discovery, moving, display or study of human remains, and a basis for further philosophical and regilious debate on the treatment of human remains.

Subjects:
Art and Cultural Heritage Law
Contents:
Norman Palmer QC - Relinquishment, Remembrance and Repose: Models for the Domicile of Human Remains
Cressida Fforde, Lyndon Ormond-Parker and Paul Turnbull - Repatriation Research: Archives and the Recovery of History and Heritage
Kevin Chamberlain - We Need to Lay Our Ancestors to Rest: the Repatriation of Indigenous Human Remains
and the Human Rights Act
Tom Lewis - Human Remains as Artistic Expression and the Common Law Offence of Outraging Public Decency: ‘Human Earrings’, Human Rights and R. v. Gibson revisited
Carolyn Browne - Licensing Public Display: A Perspective from the Regulator
Margaret Clegg and Sarah Long - The Natural History Museum and Human Remains
Jelena Bekvalac - The Diplay of Archaeological Human Skeletal Remains in Museums
Joseph Elders Burial Law and Archaeology in the Church of England’s Jurisdiction
Richard Harwood QC - Development of Land and Human Remains
Carolyn Shelbourn - Remains, Research and Respect: Some Reflections on Burial Archaeology and the
Current Law and Policy Relating to Treatment of the ‘Anciently Dead’
Mathilde Roellinger - The French Experience of Repatriation of Human Remains
Nathalie Gates- The Infamous William Corder: A Family Divided
Harry Martin - Case Note on Richard III: (The Queen on Application of Plantaget Alliance Ltd) v.
Secretary of State for Justice
Kevin Chamberlain - The Native American Graves Protection and Repatriation Act
Alexander Herman - Kennewick Man, Statutory Interpretation and the First North Americans

Appendix I Natural History Museum Human Remains Policy
Appendix II Policy for the Care of Human Remains in Museum of London Collections
Appendix III Bitish Museum Policy: Human Remains in the Collection
Appendix IV The University of Manchester - the Manchester Museum: Policy for the Care and
Use of Human Remains
Appendix V Applications to the Home Office to Exhume Remains for Reburial
Appendix VI Material on Anne de Mowbray
Appendix VII The Reasoning of the Court of Appeal in Rudewicz, R (on the application of) v.
Secretary of State for Justice
Appendix VIII Native American Graves Protection and Repatriation Act
Appendix IX Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Appendix X Museums (Aborginal Remains) Act 1984