Archaeological Ethics and Law: Syllabus

AR 480: Archaeological Ethics and Law

Spring 2002

Prof. Ricardo J. Elia
elia@bu.edu
Office hours: T 10–11:30, R 10–11:30
Office: Stone 345 D
T R 2:00-3:30 Classroom: Stone 243

Course Description: This class explores the ethical, legal, and practical dimensions of modern archaeology through a consideration of the following topics: archaeology as a profession; archaeological ethics; the relationship between archaeology and others (the public, ethnic groups, avocationals, collectors, etc.); international and national approaches to archaeological heritage management; the antiquities market; maritime law, underwater archaeology, and treasure hunting; cultural resource management in the United States; and archaeological education.

Course Goals: Together we will work towards the following objectives.

1. You will be able to identify the various stakeholders in contemporary archaeology and assess their values and interests in issues such as the treatment, ownership, and disposition of human remains, heritage sites, submerged cultural resources, and antiquities.

2. You will be able to formulate, discuss, and defend your own set of archaeological values through critical study and analysis of contemporary and past professional codes of ethics in the field.

3. You will develop the necessary skills to be able to prepare an effective advocacy position to support and defend the preservation of archaeological heritage.

4. By the end of this course, you should be able to assess and evaluate contemporary issues of archaeological ethics and law in the context of the modern professional practice of archaeology.

Class Meetings: The class meets twice a week for 1.5 hours each meeting. The first class each week will be include a lecture covering the topics of the week; this class will meet jointly with the graduate students in AR 780. The second meeting, for AR 480 students only, will be a discussion section. Occasional student presentations will also take place during the second class meeting.

Requirements: Students are expected to attend every class, complete all assignments on time, and participate in class discussions. During the term, each student will make one or two brief (10 min.) oral presentations based on assigned topics. Students must also write two short papers during the term and take a final examination.

Grading: Final grades will be assessed on the basis of the following:

1. Class participation, including discussion and brief oral presentations: 30%
2. Class papers: 40% (20% for each paper)
3. Final examination: 30% (scheduled for May 6)

Student Papers: The papers must be on an approved topic. Each paper should be about 8–10 pages long (text only, excluding front and back matter). Deadlines for the first and second paper assignments, along with their point values, are as follows.

Assignment	Paper 1	Paper 2
Approved topic, 1-page abstract (10 pts.)	Jan. 31	Mar. 14
Bibliography (10 pts.)	Feb. 7	Mar. 28
Complete first draft (50 pts.)	Feb. 21	Apr. 4
Final paper (30 pts.)	Mar. 11	Apr. 18

Required Books:

1. Karen D. Vitelli, ed., Archaeological Ethics (Walnut Creek, CA: AltaMira Press, 1996) [abbreviated VITELLI below].

2. Mark Lynott and Alison Wylie, eds., Ethics in American Archaeology: Challenges for the 1990s (Washington, D.C.: Society for American Archaeology, 1995) [abbreviated LYNOTT below].

3. Melinda Zeder, The American Archaeologist: A Profile (Walnut Creek, CA: AltaMira Press, 1997) [abbreviated ZEDER below].

On Reserve in the Stone Library:

Ernestene L. Green, ed., Ethics and Values in Archaeology (New York: Free Press, 1984) [abbreviated Ethics and Values below].

All other readings are available in the course packet and are on reserve in the Stone Library.

Weekly Class Topics and Readings

1. Introduction: What is Archaeology’s Value? (Jan. 15, 17)

Survey of topics to be covered in the course. The nature of ethics; professional ethics; archaeology as a profession; the legal organization of archaeology. Why is archaeology important? What is the value of archaeology? We explore these issues by examining our own interests, background, and involvement in archaeology.

M. Ramos and D. Duganne, Exploring Public Perceptions and Attitudes About Archaeology (Harris Interactive, Inc., for the Society for American Archaeology, February 2000).

C. McGimsey, "The Value of Archaeology," in Ethics and Values, 171–174.

2. Stewardship: Archaeology as a Public Interest (Jan. 22, 24)

Is archaeology only a specialized academic discipline or a profession working on behalf of the public trust? What is the public interest in archaeology? Do archaeologists have a compelling claim on public policies and public resources?

VITELLI, chs. 21, 23.

M. J. Lynott and Alison Wylie, "Stewardship: The Central Principle of Archaeological Ethics," in LYNOTT, 28-32.

F. P. McManamon, "The Many Publics for Archaeology," American Antiquity 56, no. 1 (1991): 121-130.

E. Herscher and F. P. McManamon, "Public Education and Outreach," in LYNOTT, 42–44.

3. Diverse Interests in the Past I: Indigenous Peoples, Human Burials, and "Affected Parties" (Jan. 29, 31)

Many different groups are stakeholders in the past. Some have religious and cultural perspectives that are often at odds with professional, scientific enterprises like archaeology, especially when it comes to human burials. We try to sort out the various interests in heritage, material culture, and bones through a critical examination of the Kennewick Man saga.

VITELLI, chs. 18–20.

J. Watkins, et al., "Responsibilities of Archaeologists to Non-Archaeological Interest Groups," in LYNOTT, 40–44.

Cheek and Keel, "Value Conflicts in Osteo-Archaeology," Ethics and Values, ch. 22.

James Riding In, "Without Ethics and Morality: A Historical Overview of Imperial Archaeology and American Indians," Arizona State Law Journal 24, no. 1 (1992): 11-34.

"Kennewick Man" case file: www.cr.nps.gov/aad/kennewick.

4. Diverse Interests in the Past II: Avocational Archaeologists, Private Collectors, and Museums (Feb. 5, 7)

Several groups share a world view in which archaeology plays an established role, but they often value the remains of the past not for their scientific or informational value, but for commercial, aesthetic, or personal reasons. We consider why others who are passionate about the past hold values that are often diametrically opposed to archaeological values.

VITELLI, ch. 1.

L. E. Murphy et al., "Commercialization: Beyond the Law or Above it? Ethics and the Selling of the Archaeological Record," in LYNOTT, 45–48.

Frison, "Avocational Archaeology," Ethics and Values, ch. 21.

G. G. Griffin, "Collecting Pre-Columbian Art," in The Ethics of Collecting Cultural Property, ed. P. Messenger (Albuquerque: University of New Mexico Press, 1989), 103-115.

Shelby White, "A Collector’s Odyssey," International Journal of Cultural Property 7 (1998): 170–176.

Glenn D. Lowry, "Cultural Property: A Museum Director’s Perspective," International Journal of Cultural Property 7 (1998): 438–445.

Ford, "Ethics and the Museum Archaeologist," Ethics and Values, ch. 16.

American Association of Museums, Code of Ethics for Museums (2000).

International Council of Museums, "3. Acquisitions to Museum Collections," in Code of Professional Ethics (1995).

5. Professional Ethics (Feb. 12, 14)

What are the core values of archaeology as a profession? Here we contemplate the evolution of professional ethics in the field and appraise the principal contemporary ethical codes of the major archaeological organizations.

VITELLI, 17-28.

Society of Professional Archaeologists, "Code of Ethics" and "Standards of Research Performance"; Archaeological Institute of America, "Code of Professional Standards"; Society for American Archaeology, Committee on Ethics, "Principles of Archaeological Ethics," in VITELLI, 253-265.

A. Wylie, "Ethical Dilemmas in Archaeological Practice: Looting, Repatriation, Stewardship, and the (Trans)formation of Disciplinary Identity," in LYNOTT, 138–157.

Web sites of professional organizations: AIA: www.archaeological.org;

RPA: www.rpanet.org; SAA: www.saa.org; SHA: www.sha.org.

6. Attend "The International Art Trade and the Ethics of Collecting" Symposium at The Harvard Law School (Feb. 21).

Listen to the perspectives of the museum, collector, and dealer communities on the issue of collecting and the international trade in art. Sponsored by the Harvard Law School Arts Panel, the symposium takes place on Thursday, February 21, 2002, at 2:45–4:45 p.m. in the Ames Courtroom (2nd floor of Austin Hall at the Law School).

7. Discussion: On Being an Archaeologist (Feb. 26, 28)

In this mini-summation we attempt to analyze and assess our archaeological values and compare and contrast them with those of the general public and the diverse groups who share an interest in the past. What is it that differentiates us from the others? What values do we hold in common? Where do we draw the line in professional behavior?

8. Looting, Collecting, and the Antiquities Market (Mar. 12, 14)

Fact and fiction in the antiquities market. We look at looting, collecting, and the market as components of an international economic system that combines legal and illicit aspects. The nature of this system, and its consequences, are discussed by archaeologists, collectors, and dealers.

VITELLI, chs. 2, 4, 6, 15.

R. J. Elia, "Looting, Collecting, and the Destruction of Archaeological Resources," Nonrenewable Resources 6, no. 2 (1997): 85-98.

R. J. Elia, "Analysis of the Looting, Selling, and Collecting of Apulian Red-Figure Vases: A Quantitative Approach," in Trade in Illicit Antiquities: The Destruction of the World’s Archaeological Heritage, ed. N. Brodie, J. Doole and C. Renfrew (Cambridge: McDonald Institute, 2001).

M. C. Coe, "From Huaquero to Connoisseur: the Early Market in Pre-Columbian Art," in Collecting the Pre-Columbian Past, ed. E. H. Boone (1983), 271-290.

Peter Marks, "The Ethics of Art Dealing," International Journal of Cultural Property 7 (1998): 116–127.

James Ede, "Ethics, the Antiquities Trade, and Archaeology," International Journal of Cultural Property 7 (1998): 128-131.

9. International Approaches to Archaeological Heritage Management I: Armed Conflict (Mar. 19, 21)

Threats to the archaeological heritage do not recognize national borders; preservation of that heritage is therefore amenable to international solutions. We explore how agreements are made among nations to protect the past. We then turn to the problem of protecting sites, monuments, and artifacts during times of armed conflict, from antiquity to Afghanistan.

VITELLI, chs. 10–13.

H. Cleere, "World Cultural Resource Management: Problems and Perspectives," in Archaeological Heritage Management in the Modern World, ed. H. Cleere, 121-135.

Text of the Hague Convention of 1954, Convention for the Protection of Cultural Property in the Event of Armed Conflict, with Regulations for the Execution of the Convention as well as the Protocol to the Convention and the Conference Resolutions, 14 May 1954.

10. International Approaches to Archaeological Heritage Management II: Plunder and Preservation (Mar. 26, 28)

The international community has endeavored to prevent looting since the 1960s and has developed several international instruments to do so. Yet the looting continues. Can an effective solution be found before everything is gone? And how do we preserve cultural sites of global importance?

Text of the UNESCO Convention of 1970, Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 14 November 1970.

Text of the UNIDROIT Convention of 1995, UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.

Text of the World Heritage Convention of 1972, Convention Concerning the Protection of the World Cultural and Natural Heritage, 16 November 1972.

Text of the ICOMOS Charter of 1990, Charter for the Protection and Management of the Archaeological Heritage.

11. National Approaches to Archaeological Heritage Management (Apr. 2, 4)

Every country has laws and procedures for protecting archaeological resources within its territory. We explore several different approaches to national protection in developing and developed countries other than the United States.

F. P. McManamon and A. Hatton, "Introduction: Considering Cultural Resource Management in Modern Society," in Cultural Resource Management in Contemporary Society: Perspectives on Managing and Presenting the Past, One World Archaeology 33, ed. F. P. McManamon and A. Hatton (London: Routledge, 2000), 1–19.

J. L. Lorenzo, "Mexico," in Approaches to the Archaeological Heritage, ed. H. Cleere (Cambridge: Cambridge University Press, 1984), 89–100.

E. Gilgan, "Looting and the Market for Maya Objects: a Belizean Perspective," in Trade in Illicit Antiquities: The Destruction of the World’s Archaeological Heritage, ed. N. Brodie, J. Doole, and C. Renfrew (Cambridge: McDonald Institute, 2001), 73–88.

H. Cleere, "Great Britain," in Approaches to the Archaeological Heritage, ed. H. Cleere (Cambridge: Cambridge University Press, 1984), 54–62.

M. Biddle, "What Future for British Archaeology?" Opening address at Archaeology in Britain Conference, 1994 (Oxbow Lecture 1).

12. Cultural Resource Management in the United States (Apr. 9, 11)

Throughout the 20th century a system of archaeological and cultural resource protection evolved in the United States that asserts a national interest in preservation while privileging private property rights. What are the strengths and weaknesses of the current U.S. system?

C. R. McGimsey III and Hester A. Davis, "United States of America," in Approaches to the Archaeological Heritage, ed. H. Cleere (Cambridge: Cambridge University Press, 1984), 116-124.

R. Elia, "U.S. Cultural Resource Management and the ICAHM Charter," Antiquity 67 (1993): 426-38.

R. E. Stipe, "Historic Preservation: the Process and the Actors," in The American Mosaic: Preserving a Nation's Heritage, ed. R. E. Stipe and A. J. Lee (Washington, D.C.: U.S. Committee, International Council on Monuments and Sites, Preservation Press, 1987), ch. 1.

F. P. McManamon, "The Protection of Archaeological Resources in the United States: Reconciling Preservation with Contemporary Society," in Cultural Resource Management in Contemporary Society: Perspectives on Managing and Presenting the Past, One World Archaeology 33, ed. F. P. McManamon and A. Hatton (London: Routledge, 2000), 40–54.

13. Contract Archaeology in the United States (Apr. 16, 18)

Call it contract archaeology, public archaeology, or rescue archaeology. It’s about identifying, evaluating, and managing sites threatened by development. It’s also a business. Is the current entrepreneurial approach to preservation an appropriate model?

Fitting and Goodyear, "Client-Oriented Archaeology," JFA 6 (1979): 352-360.

Raab, "Achieving Professionalism Through Ethical Fragmentation," Ethics and Values, ch. 8.

Class CRM budget workshop (handout).

14. Maritime Law and Underwater Archaeology (Apr. 23, 25)

Commercial treasure hunting of shipwrecks vs. underwater archaeology. Are archaeologists losing the public debate? Can archaeologists compromise with salvors without losing their souls? Are shipwrecks like the Titanic significant archaeological resources worth fighting for?

G. Miller, "The Second Destruction of the Geldermalsen," The American Neptune XLVII, no. 4 (1987): 275-81.

R. J. Elia, "The Ethics of Collaboration: Archaeologists and the Whydah Project," Historical Archaeology 26, no. 4 (1992): 105-117.

R. J. Elia, "U.S. Protection of Underwater Cultural Heritage beyond the Territorial Sea : Problems and Prospects," International Journal of Nautical Archaeology 29 (2000): 43–56.

15. Summation and Review (Apr. 30)

A final opportunity to comment on archaeological ethics and professionalism and wonder about the future directions of the discipline in law, professional training, and professional practice. Also a quick review for final examination.