The focus of this article is upon objects in museum collections where their
ownership is uncertain (“orphans”) or where they are known to be uncollected loans but
where the owner cannot be traced. Museums may have little choice but to continue to care
for these objects even where they are unsuitable to be retained within the permanent
collections. It is argued that the current law in the United Kingdom prevents museums from
managing their collections properly and rationalising them where necessary. New legislation
has been proposed which would assist Scottish museums. It is argued that all museums in
the United Kingdom need new legislation which would enable them to manage their
collections more effectively, and to approach reviews of collections and disposal of
unsuitable objects in a proper and balanced manner, acting for the benefit of the public.
Funding
The author is grateful to the AHRC for supporting this research with an
AHRC Fellowship.
History
Citation
International Journal of Cultural Property, 2017, 24:1-28
Author affiliation
/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law
Source
Property and Trusts section at the Society of Legal Scholars’ annual conference at the University of York in 2015.
Version
AM (Accepted Manuscript)
Published in
International Journal of Cultural Property
Publisher
Cambridge University Press (CUP) for International Cultural Property Society