The Distinctiveness of Property and Heritage

Fincham, D. (2011) ‘The Distinctiveness of Property and Heritage’ Penn State Law Review 115 (3), 641-684.

This article argues that we should think about cultural objects in distinct ways. Either as a piece of property which can be bought and sold; or as a piece of cultural heritage carries a complex bundle of relationships into future generations. It argues that many of the misunderstandings of stakeholders in the cultural heritage debate have argued for one or the other position, often without acknowledging their position. This article attempts to start a conversation about how cultural heritage can move beyond property principles and begin to craft policy solutions for managing these resources which impact present and future generations.