Laura Binkle Der Erwerb kolonialer Sammlungsgüter und ihre Restitution

About this book

Cultural Assets and Justice: The Legal Deconstruction of the Colonial Heritage

The question of the origin and return of colonial collection goods is not just a moral challenge, but above all a profound legal one. The book closes the existing gaps in the analysis of the legal past and future of these cultural assets and provides the urgently needed basis for an objective discussion. It is an indispensable compass for all those seeking orientation in the complex debate surrounding colonial heritage.

Reconstructing the Colonial Injustice

The first part of the work is dedicated to the meticulous reconstruction of the acquisition of ethnological and archaeological pieces in the former German colonies in Africa. Here, for the first time, it is systematically demonstrated how ownership of these objects was transferred under the conditions of German colonial law – from looting in the context of punitive expeditions to acquisition through legal transactions and treasure finds, as in the case of the famous Tendaguru Expedition. The crucial finding: Even though many acquisition processes complied with the colonial law at the time, this legal system was based on a fundamental structural injustice and a massive power imbalance between the colonial rulers and colonized societies.

Shaping the Future: The Path to a Restitution Act

The second part of the dissertation looks to the future and analyzes the current legal situation at the international and national level. It deals with the practical and political consequences. Using treaty law and international customary law, the work illuminates Germany's international obligations. It is further demonstrated that German civil law makes quick restitution almost impossible due to hurdles such as acquisition in good faith and statute of limitations.

At this point, the work employs a groundbreaking legal methodology: the critical illumination of the principle of the intertemporality of Law. According to Gustav Radbruch, law must step back in the face of injustice when the contradiction to justice reaches an unbearable level. The author applies this principle of legal philosophy to contexts of colonial violence. The result is a compelling legal argument: Acquisitions based on unbearable colonial injustice are void under today's legal understanding. The central demand: To effectively address colonial injustice, the creation of a separate Restitution Act is essential. The work outlines the necessary steps for such legislation.

Conclusion

This work is indispensable for all who seek a legal classification of the colonial restitution debate: lawyers, historians, museologists, cultural politicians, and decision-makers at federal and state levels. It offers not only a deep analysis of the past, but also a clear, legally sound roadmap for a more just future for the colonial heritage