Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures

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1999 Hard cover New in new dust jacket. Never opened. Ships same day. 100% guarantee, careful wrapping Sewn binding. Cloth over boards. 272 p. Contains: Illustrations. Audience: ... General/trade. Read more Show Less

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Overview


Some of the world's greatest treasures are hidden away and have not been seen publicly for decades, sometimes for centuries. Others have been destroyed. They are not stolen property. They are simply private property, and no matter their public significance, the public has no claims on them. A capricious owner of Leonardo da Vinci's notebook would be perfectly within his rights to throw it in the fireplace, as James Joyce's grandson did with letters from the author's daughter, or Warren Harding's widow did with her husband's Teapot Dome papers. This is a book about such rights and why they are wrong.

Some incidents are famous. A great artist's mural is demolished because the rich man who commissioned it is offended by its political implications. One of America's most famous collections is closed to virtually every notable person in the art world, whose requests for visits produce only a postcard from the owner saying "go to Blazes." Scholars who seek access to the Dead Sea Scrolls, monopolized and secreted by a handful of individuals for nearly forty years, are dismissed as "slime," "fleas," "gang-snatchers," and "manure," and told, "You will not see these things in your lifetime."

Playing Darts with a Rembrandt explores abuses of ownership of cultural treasures in a wide range of settings, including material of historic and scientific interest, as well as art and antiquities. It examines the claims made on behalf of the public for preservation, protection, and access to important artifacts, balancing those claims against proprietary and privacy interests, and discusses the proper role of institutions such as museums and libraries that act as repositories. Acknowledging the complexities that sometimes arise (such as the claims of history against the desire of a great figure's family to withhold private letters), Playing Darts with a Rembrandt proposes a new species of qualified ownership: to own an object of great public importance is to become a "fortunate, if provisional, trustee, having no right to deprive others who value the objects as much as they do themselves."

The fascinating stories that comprise the bulk of the book, ranging from dinosaur excavations and the Dead Sea Scrolls to the fate of presidential papers and the secrets held by the Library of Congress, will be of interest to a wide range of general readers. The extensive discussion of collectors, and their role, should commend the book to those in the art world, as well as to those professionally associated with museums, libraries, and archives. While written in a readable and untechnical way, it should also be of interest to those in the legal community who are interested in the philosophical and theoretical underpinnings of our property system.

"Sax turns his attention from public rights to conserve land and water to protection of cultural treasures. As always, he sees both sides of the argument and comes to reasoned and wise conclusions, balancing private and public interests. His prose is lucid, and his examples are both instructive and entertaining. An invaluable book for anyone interested in the preservation of our cultural resources." --I. Michael Heyman, Secretary, Smithsonian Institution

Joseph L. Sax is Professor of Law, University of California, Berkeley. He was formerly the counselor to the Secretary of the Interior and Professor of Law, the University of Michigan Law School.

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Editorial Reviews

Publishers Weekly - Publisher's Weekly
Pointing out that if a wanton art collector wanted to play darts with his Rembrandt portrait, no one could stop him, Sax contends that conventional notions of ownership need to be modified for artistic treasures, important scientific objects, architecturally significant buildings and documents of cultural or historical import. Sax calls for a form of qualified--rather than exclusive--ownership of cultural treasures, founded on a recognition that the public at large has a stake in them. Wittily written with an eye for human foibles, this survey is chock full of illustrative incidents, such as the Rockefeller family's 1934 destruction of a mural they had commissioned from Communist painter Diego Rivera; the case of the Dead Sea Scrolls, monopolized for four decades by a small group of scholars until an intensive campaign opened them to the public in 1984; Jonas Salk's radical renovation of the La Jolla, Calif., research institute named after him--departing greatly from Louis Kahn's original 1965 design; the squabble over a Tyrannosaurus rex fossil discovered on a South Dakota ranch in 1990; and John Ruskin's torching of J.M.W. Turner's erotic sketchbook. Other cases include the Nixon papers and Lady Churchill's destruction of an unflattering portrait of Winston. In controversies over private papers (of President Harding, Kafka, Salinger, Malamud, Joyce, Martin Luther King Jr., etc.), Sax advocates public access, but--recognizing "the real costs that unmitigated probing of private matters can engender"--gives wide latitude to creators themselves, and some even to their heirs. He throws down a gauntlet to librarians, curators and archivists, however: material should either be closed to everyone for a reasonable period, or open to all adults. It's a stirring argument. Photos. (Aug.) Copyright 1999 Cahners Business Information.
Adrian Johns
Well known for his work on ecological issues, Sax here turns his attention to cultural preservation....Sax avoids easy answers and is leery of doctrinaire attempts at a general settlement....At a moment when the market is widely believed to be all-powerful, Sax's argument is timely indeed.
Civilization
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Product Details

  • ISBN-13: 9780472110445
  • Publisher: University of Michigan Press
  • Publication date: 9/15/1999
  • Pages: 272
  • Product dimensions: 6.35 (w) x 9.34 (h) x 1.09 (d)

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