The fusion of law and ethics in cultural heritage management: The 21st century confronts archaeology

Abstract

Archaeologists around the world face complex ethical dilemmas that defy easy solutions. Ethics and law entwine, yet jurisprudence endures as the global praxis for guidance and result. Global legal norms articulate ‘legal rights’ and obligations while codes of professional conduct articulate ‘ethical rights’ and obligations. This article underscores how a rights discourse has shaped the 20th century discipline and practice of archaeology across the globe, including in the design and execution of projects like those discussed in the Journal of Field Archaeology. It illustrates how both law and ethics have been, and still are, viewed as two distinct solution-driven approaches that, even when out of sync, are the predominant frameworks that affect archaeologists in the field and more generally. While both law and ethics are influenced by social mores, public policy, and political objectives, each too often in cultural heritage debates has been considered a separate remedy. For archaeology, there remains the tendency to turn to law for a definite response when ethical solutions prove elusive.

As contemporary society becomes increasingly interconnected and the geo-political reality of the 21st century poses new threats to protecting archaeological sites and the integrity of the archaeological record during armed conflict and insurgency, law has fallen short or has lacked necessary enforcement mechanisms to address on-the-ground realities. A changing global order shaped by human rights, Indigenous heritage, legal pluralism, neo-colonialism, development, diplomacy, and emerging non-State actors directs the 21st century policies that shape laws and ethics. Archaeologists in the field today work within a nexus of domestic and international laws and regulations and must navigate increasingly complex ethical situations. Thus, a critical challenge is to realign approaches to current dilemmas facing archaeology in a way that unifies the ‘legal’ and the ‘ethical’ with a focus on human rights and principles of equity and justice. With examples from around the world, this article considers how law and ethics affect professional practice and demonstrates how engagement with law and awareness of ethics are pivotal to archaeologists in the field.     

How Does Theology Go Public? Rethinking the Debate between David Tracy and George Lindbeck

Abstract

The possibilities for taking theological ethics ‘public’ have taken on added significance amidst debates over the nature of moral norms. If realist theological ethics can find a public voice, it will enhance the prospects for interreligious ethical collaboration and the place of theology in it. A key question remains whether particular contexts of religious symbols render them meaningful only within communities of ‘origin’, or particularity actually enables broadly compelling meaning or a public voice for theology. At issue in the Tracy-Lindbeck debate are their understandings of ‘public’, their responses to philosophical anti-foundationalism, and their theological presuppositions. While postliberal emphases on the distinctiveness of the Christian community and attention to the ecclesial community complement Tracy's emphases on dialogue and coherence, Tracy's recent methods provide more adequate responses to the challenges posed by postmodernism.     

Re-establishing an underground climate appropriate for the conservation of the prehistoric paintings and engravings at Lascaux

Abstract

In an earlier issue (CMAS 1 (3), 191-193), we summarized highlights from new statements of ethical practice for archaeologists produced by the Society for American Archaaeology (SAA), the Archaeological Institute of America (AIA) and the American Schools of Oriental Research (ASOR). We now publish a note about the Society for Historical Archaeology from its President, Dr Glenn Farris. In it he draws attention to a statement of the Society's ethical position that was made in 1989.

Since our publication of the earlier note, the question has been raised as to how effective are ‘statements of ethical practice’ in governing conduct. It should be stressed that acceptance of a professional society's statement on ethics is normally a condition of membership in that society. This is the case in a large number of organizations, both national and international, in the area of archaeology, conservation and museums. There is no doubt that Codes of Ethics have a strong impact on professional conduct in these disciplines.     

Assessing Methodologies in Archaeological Ethnography: A Case for Incorporating Ethnographic Training in Graduate Archaeology Curricula

Abstract

Archaeologists have increasingly turned to ethnography as a tool for understanding the contemporary social context of material culture, archaeological practice, and ‘de-colonizing’ archaeology. Furthermore, ethnographers have turned their analysis to the practice of archaeology, providing insights into key ethical dilemmas. This work has produced signi?cant dialogue, demonstrating the potential for research and collaboration at the interface of two sub-disciplines. However, much of the research to date has relied on a limited range of ethnographic methods. We suggest that archaeologists working in this area would bene?t from using a wider repertoire of ethnographic data collection tools and ethics training opportunities. We advocate for greater collaboration between archaeologists and ethnographers and provide suggestions on methods that are well-suited for use in archaeological practice. In the long term, the most effective and far-reaching solution may be to incorporate ethnographic methods training as fundamental to graduate programmes in archaeology.     

Walking,mothering and care: a sensory ethnography of journeying on-foot with children in Wollongong,Australia

This article presents a material feminist perspective into motherhood and walking. Our aim is to explore the process of women ‘becoming mothers’ through journeying on-foot somewhere with children in car-dependent cities. To do so we utilise empirical material gathered as part of a walking sensory ethnography with families living in Wollongong, New South Wales, Australia. Drawing on Deleuze and Guattari’s assemblage thinking and a feminist care ethics we argue that entanglements with bodies and materials alongside ideas, emotions and affects shape how motherhood becomes and is felt on-the-move through ‘moments of care’. We discuss five moments where care emerges not just as a gendered practice, but as an affective force and embodiment of motherhood; these include: preparedness, togetherness, playfulness, watchfulness, and attentiveness. Instead of assuming the figure of the mother is a given identity; insights are provided into how the dilemmas of becoming a ‘good’ mobile mother are felt through moments of care.     

制度约束与德性激励——建构公共行政伦理的两重维度

公共行政伦理的建构是基于人性假设的,解读公共行政领域的伦理困境必须分析公共行政人员人性中“经济人”与“公共人”的双重特性。由此,可以引伸出建构公共行政伦理的两重维度:制度约束与德性激励。制度约束是基于“经济人”假设的伦理规制,是防止人性的向下堕落,是抑“恶”;德性激励是对“公共人”假设的理性张扬,是实现人性的向上提升,是扬“善”。     

Bedside manner and the invisible patient: The silence surrounding women's gynaecological health in Niger (Respond to this article at http://www.therai.org.uk/at/debate)

Women with gynaecological and obstetrical disorders in Niger such as obstetric fistula, often negotiate the clinical experience for years or even decades without ever receiving a diagnosis. The withholding of information is common practice among clinicians, who due to the lack of time, the lack of follow‐up, or ethical considerations that discourage delivering patients ‘bad news’, frequently do not explain women's conditions or options for treatments. Instead, women interfacing with the clinic are often told only one thing: be patient. This call for patience strips women, and their families, of the agency to participate in treatment decisions and the decision as to when, or if, to abandon the search for care.     

East and West in Jewish nationalism: conflicting types in the Zionist vision?

ABSTRACT. This article analyses the ethnic and civic components of the early Zionist movement. The debate over whether Zionism was an Eastern‐ethnic nationalist movement or a Western‐civic movement began with the birth of Zionism. The article also investigates the conflict that broke out in 1902 surrounding the publication of Herzl's utopian vision, Altneuland. Ahad Ha'am, a leader of Hibbat Zion and ‘Eastern’ cultural Zionism, sharply attacked Herzl's ‘Western’ political Zionism, which he considered to be disconnected from the cultural foundations of historical Judaism. Instead, Ahad Ha'am supported the Eastern Zionist utopia of Elchanan Leib Lewinsky. Hans Kohn, a leading researcher of nationalism, distinguished between ‘Eastern’ and ‘Western’ nationalist movements. He argued that Herzl's political heritage led the Zionist movement to become an Eastern‐ethnic nationalist movement. The debate over the character of Jewish nationalism – ethnic or civic – continues to engage researchers and remains a topic of public debate in Israel even today. As this article demonstrates, the debate between ‘Eastern’ and ‘Western’ Zionism has its foundations in the origins of the Zionist movement. A close look at the vision held by both groups challenges Kohn's dichotomy as well as his understanding of the Zionist movement.     

Editorial

For John Stuart Mill, Matthew Arnold, and their later Victorian respondents, the Stoic writer and second-century CE Roman emperor Marcus Aurelius represented a test-case for the sufficiency of the ostensibly masculine practices of askesis and detachment as ethical ideals, specifically in the context of Christianity. A brief passage in Mill's On Liberty (1859) comparing Stoic ethics with Christian ethical practice provoked an extended response from Arnold in an 1863 review essay. Mill and Arnold both used comparisons with Christianity to trace the contours and to explore the limits of Marcus Aurelius's ‘lovable’ nature; in doing so, Arnold in particular enacted a peculiar kind of historical sympathy for both the Marcus Aurelius that was and for a missed rapprochement between classical and Christian ethics. For a series of later writers, including freethinkers, religious conservatives and liberal Christians, Marcus Aurelius either promised or threatened to reconcile Stoicism with Christianity. Assessing the emperor in the light of Christianity became a means both for producing or denying a link to the classical past and for describing the condition of Christianity in England. A key point of contention for these writers and a landmark in the broader debate over Victorian secularization was the question of Marcus Aurelius' role in the torture and killing of 48 Christians at Lugdunum (Lyons) in 177 CE.     

Mary Shelley’s ‘Romantic Spinozism’

ABSTRACT

Mary Shelley (1797–1851) developed a ‘Romantic Spinozism’ from 1817 to 1848. This was a deterministic worldview that adopted an ethical attitude of love toward the world as it is, must be, and will be. Resisting the psychological despair and political inertia of fatalism, her ‘Romantic Spinozism’ affirmed the forward-looking responsibility of people to love their neighbors and sustain the world, including future generations, even in the face of seeming apocalypse. This history of Shelley’s reception of Spinoza begins with the fragment of the otherwise lost translation of the Theologico-Political Treatise (1670) on which she collaborated. It extends through her journals, letters, poetry, and her second great work of speculative fiction after Frankenstein (1818): a post-apocalyptic novel set in the year 2100, The Last Man (1826). Through a creative synthesis of Spinoza with Plato, Cicero, Wollstonecraft, and Glasite Christianity, Shelley developed an anti-apocalyptic conception of love as apocatastasis: a cyclical restoration of an ethical attitude of stewardship toward the whole world and its necessity. Through this recovery of a vital chapter in the history of European ideas, Shelley emerges as a central figure in Spinozan philosophy, especially the ethics and political philosophy of love.     

Unsocial Sociability in the Scottish Enlightenment: Ferguson and Kames on War,Sociability and the Foundations of Patriotism

Summary

This article reconstructs a significant historical alternative to the theories of ‘cosmopolitan’ or ‘liberal’ patriotism often associated with the Scottish Enlightenment. Instead of focusing on the work of Andrew Fletcher, Francis Hutcheson, David Hume or Adam Smith, this study concentrates on the theories of sociability, patriotism and international rivalry elaborated by Adam Ferguson (1723–1816) and Henry Home, Lord Kames (1696–1782). Centrally, the article reconstructs both thinkers' shared perspective on what I have called ‘unsociable’ or ‘agonistic’ patriotism, an eighteenth-century idiom which saw international rivalship, antagonism, and even war as crucial in generating political cohesion and sustaining moral virtue. Placing their thinking in the context of wider eighteenth-century debates about sociability and state formation, the article's broader purpose is to highlight the centrality of controversies about human sociability to eighteenth-century debates about the nature of international relations.     

They're here—I can feel them: the epistemic spaces of Indigenous and Western Knowledges

Indigenous Knowledges (IK) are continually contrasted with Western positivist sciences. Yet the usual conception of IK—as a translatable knowledge about things—renders incomprehensible its discussion as a spiritual or ethical practice. A practice taking place within what we call an epistemic space. A moose hunting event can demonstrate how IK is produced through the epistemic spaces within which hunting is performed. Part of the performance is becoming-animal; as practiced by Koyukon Athabascans, a moose hunt reproduces the social relations between hunter and prey, spiritual relations that demonstrate an ontology and ethics seemingly distinct from those of the Western wildlife sciences founded upon Enlightenment humanism. Yet such ‘Western–Indigenous’ dichotomies falsely indicate entirely separable spaces within which to produce accounts of reality. Instead, this account of a moose hunt demonstrates an assemblage of actors within one space, who together become more than the authors' individual positions and selves, and becomes an event. We additionally argue that more faithfully representing this assemblage requires changing the form of the usual academic paper. Thus tacking between a narrative and theoretical approach that switches from each of our first-person points of view, we aim to depict how knowledge of one hunting event becomes assembled.     

Commercializing science: nineteenth- and twentieth-century academic scientists as consultants,patentees, and entrepreneurs

Abstract

The collection of essays introduced in this article contributes to the debate on the commercialization of academic science by shifting the focus from institutional developments meant to foster university technology transfer to the actions of individual scientists. Instead of searching for the origins of the ‘entrepreneurial university,’ this special issue examines the personal involvement of academic physicists, engineers, photographic scientists, and molecular biologists in three types of commercial activity: consulting, patenting, and full-blown business entrepreneurship. The authors investigate how this diverse group of teachers and researchers perceived their institutional and professional environments, their career prospects, the commercial value of their knowledge and reputation, and their ability to exploit these assets. By documenting academic scientists’ response to market opportunities, the articles suggest that, already in the decades around 1900, commercial work was widespread and, in some cases, integral to academics’ teaching and research activity.     

China and the “culture and trade” debate: a holistic approach

ABSTRACT

Over the past century, the ‘culture and trade’ debate has constantly evolved, particularly in the wake of rapid and still accelerating technological and scientific advances. These changes, manifest in an increasing convergence of many new technologies and industries, meant that the strict separation of culture from trade by means, for instance, of general or special exceptions in international trade agreements, such as the 1947 General Agreement on Tariffs and Trade (GATT) or the 1988 Canada–United States Free Trade Agreement (CUSFTA), can no longer be sustained. It means that in light of the emergence of oxymoronic concepts like ‘the cultural and creative industries’, the debate can no longer be framed along binary modes of thinking that oppose the liberalization of international trade and the protection and promotion of the diversity of cultures. Instead a more holistic approach seems to be needed, which appears to coincide with the approach taken by the People’s Republic of China (PRC), which joined the WTO in 2001. The present paper examines the holistic approach by the PRC, which seeks to combine rather than separate culture and trade in its domestic, regional and global law and policymaking.     

Seeds: Contracting the Audience in a Play about Science

Abstract

In pursuing the question ‘what can scientists learn from theatre?’ Particularly, ‘what can scientists, as scientists, learn from theatre?’ this paper argues that science lacks a normative framework that theatre is capable of providing. Despite science’s well-earned epistemic reputation, there is adequate reason to question its ethical reputation, particularly at the point where cutting edge scientific technology impacts society. I consider science as operating in four categories: the scientific method; the scientific hypothesis; the scientific experiment; and the scientist’s personal character. The realms of the scientist’s hypothesis and personal character are those where social pressures are reciprocally exerted, where imaginative play mentality and epistemic values are most in evidence. Theatre can examine these realms effectively because it is able to use narratives that appeal not only to logical and social moral judgements but to emotional and visceral responses, so as to situate science in the social context in which the pressures of law, funding, experimentation, society, and personal ambition converge in ‘the game of life’.

This can be seen in the theatrical process known as ‘contracting with the audience’. I point out a spectrum of traditional narrative tropes by which science makes “contracts with” audiences. The paper draws on theories of entrainment and theatrical game-play from Peter Stromberg and Philippe Gaulier, as well as my own practice and research into the process of contracting with the audience, to propose how to reach beyond tradition and to shift normalising contracts “outside the box”. To illustrate my proposition, I examine the play Seeds by Annabel Soutar as directed by Chris Abraham for Crow’s Theatre and Theatre Porte Parole. Seeds follows the controversial court battles of Saskatchewan farmer Percy Schmeiser against agricultural-biotech corporation Monsanto, which sued him for patent infringement of its Genetically Modified Organism Roundup Ready Canola. Seeds helps its audience define a public arena for discourse even as it brings to our attention the factors that make this difficult to do, while making an excellent contribution to the genre of ‘Documentary Theatre’. It is a successful contract with the audience that creates a public forum for discussion about contemporary ethical debates in science, thereby merging artistic ambiguity and scientific theory.     

Hegemonic power relations in real practices of spatial planning: the case of Turkey

There is a wide gap between planning ideology and planning practice in some regimes. In planning practice, contextual differences and traditional practices affect urban spatial configurations and their related societal dimensions, and also influence the legislative and administrative systems that dictate the process and production of the built environment. This is linked to situations where hidden practices and power relations among key actors may limit democratic participation in the planning process and challenge ethical practice. This paper focuses on the emerging traditions of planning practice in Turkey. We argue that by understanding the role(s) of the key actors in the process and investigating approval processes in detail, it can become evident that planning ‘on the ground’ is often tokenistic and circumvented by hegemonic power relations and tactical actions. These latter in turn side-step a requirement for democratic participation and encourage a ‘loosening’ of planning ethics.     

Whose cultural value? Representation,power and creative industries

ABSTRACT

The debate around ‘cultural value’ has become increasingly central to policy debates on arts and creative industries policy over the past ten years and has mostly focused on the articulation and measurement of ‘economic value’, at the expense of other forms of value—cultural, social, aesthetic. This paper’s goal is to counter this prevalent over-simplification by focusing on the mechanisms through which ‘value’ is either allocated or denied to cultural forms and practices by certain groups in particular social contexts. We know that different social groups enjoy different access to the power to bestow value and legitimise aesthetic and cultural practices; yet, questions of power, of symbolic violence and misrecognition rarely have any prominence in cultural policy discourse. This article thus makes a distinctive contribution to creative industry scholarship by tackling this neglected question head on: it calls for a commitment to addressing cultural policy’s blind spot over power and misrecognition, and for what McGuigan (2006: 138) refers to as ‘critique in the public interest’. To achieve this, the article discusses findings of an AHRC-funded project that considered questions of cultural value, power, media representation and misrecognition in relation to a participatory arts project involving the Gypsy and Traveller community in Lincolnshire, England.     

Kierkegaard's alternative metaphysical theology

This article uses Jeremy Bentham's notion of disambiguation, which links language to power and ‘sinister interest’, to analyse criticisms of the Royal Academy of Arts by Benthamites and Philosophic Radicals at the Select Committee on Arts and Manufactures of 1835/6. This practice of disambiguation aimed to produce a distinction between the Royal Academy of Arts and the publicly funded art school. I situate this activity within the linguistic turn taken by Bentham's ethics, and its relevance to a dilemma of pedagogy in commercial society framed by Adam Smith. Smith's dilemma turns on the conflict between the requirement for a pedagogy that conforms to the principle of free trade, and an equally binding requirement for a virtue ethical model of pedagogy that offers a remedy for the corrupting effects of commerce on character. Adam Smith's support for private academies of art asserted a hierarchy of virtue ethics over utility, thus safeguarding autonomous ethical reasoning within capitalist forms of social life. Bentham's thought, in contrast, eschews the link between ethics and character, and places ethics itself within normative rules of language and cognition.     

Ethics,politics and practices in rock art conservation

Abstract

Weathering and deterioration of Norwegian rock art has become an increasing area of concern over the last decade, with subsequent increasing efforts towards conservation. This has brought questions onto the agenda regarding the ethics and politics involved in conservation theory and practice. It is argued that such issues have been difficult to debate due to the concept of conservation being regarded as a legal and moral ideal. Referring the situation in Norway to ongoing global debates and perspectives regarding rock art conservation enables us to reveal and discuss some of the fundamental and complex philosophical issues involved. Notions of authenticity which implicitly underlie attitudes to rock art conservation are questioned, and the relationship between ‘green’ politics and rock art conservation is also discussed. A tendency towards uniform solutions and avoidance of critical issues, seen as influenced by strong social-democratic political traditions in Scandinavia, is at odds with the growing realization that most approaches to rock art conservation inevitably have unforeseen and frequently undesired consequences. Rather than further segmenting ethics, politics or practices in rock art conservation, a self-critical and reflective approach is suggested whereby changing concepts of ethics and authenticity are continuously debated.

Aucune loi ne pourra jamais préserver la sacralité d'un lieu … si ce n'est une loi morale, non écrite,adoptée et respectée par chaque individu, un véritable code personnel d'éthique.

(Soleilhavoup, 1994: 14)