Recent years have witnessed a growing public debate over whether cultural institutions (like museums) have a moral obligation to return certain cultural artefacts in their collections to claimants, whether they be countries or communities of origin, families, or individuals. The purpose of the Uehiro Oxford Institute DARCA is to provide ethically-sound guidance for those tasked with making these difficult moral decisions.
The ethics of cultural restitution are very complex. One principal reason for this is that debates on this topic are often based on a conflict between two strong competing moral obligations. On the one hand, trustees may have a moral obligation to return certain artefacts when a claimant has a legitimate moral claim to that artefact, perhaps because the artefact had been obtained in a morally illegitimate manner. On the other hand, trustees may have a moral obligation to retain certain artefacts that are of great cultural importance so that they are able to preserve these artefacts for important social purposes, including education, and the advancement of knowledge and aesthetic worth.
DARCA is designed to support trustees or other individuals facing these sorts of challenges. It can help them come to a decision about whether or not there is a strong basis for claiming that there is a moral obligation to return a cultural artefact, drawing on a wide range of morally-relevant factors that have been identified in existing ethics policy guidance, and academic ethical literature on cultural restitution.
DARCA is intended for use when considering the return of cultural artefacts held by cultural institutions as part of their collections. It is not intended for use when considering the return of human remains or property lost or stolen during the Nazi period in Europe; these issues are already covered by existing laws, guidance, and mechanisms. It is also not intended for use with digital artefacts, which raise a number of further ethical and legal issues.
The outcomes provided by DARCA do not constitute legal advice – nor is DARCA intended to assess the strength of a legal claim or the legality by which a cultural artefact might have been historically removed or might be returned. Rather, it sets out questions that can guide decision-makers in assessing factors that may contribute to the strength of a moral obligation to return cultural artefacts in particular situations.
Accordingly, this decision aid is for information purposes only and does not constitute financial, technical, legal, or any other form of advice – The outputs from DARCA are intended to enable and facilitate the free and frank exchange of views for the purposes of deliberation. To the fullest extent permitted by law, the University accepts no liability or responsibility for any reliance made on the decision aid or its outputs.