Legal definitions as a cornerstone for protecting ‘archaeological finds’

Antal, Rà³bert; Lewis, Michael

Legal definitions as a cornerstone for protecting ‘archaeological finds’

Resource type

Journal article

Creator (person)

Antal, Rà³bert

ORCID

Lewis, Michael

ORCID

Date published

December 23, 2024

Abstract

European countries define ‘archaeological finds’ in various ways: even individual archaeologists might distinguish between different types of finds and their value. A particular issue is the legal terminology used — archaeological finds might be defined as ‘antiquities’, ‘cultural property’, or ‘treasure’, each term creating different protection. Especially in law, it is necessary to be clear about what is being protected and why, as differences and inconsistencies can be exploited by those who loot and trade in antiquities. This is particularly evident with archaeological finds since these were often transported great distances at the time they were made, and therefore it is difficult to prove their provenance. This paper will explore the differences between definitions used by archaeologists and law-makers in terms of ‘archaeological finds’. Case studies in example countries will demonstrate how similar objects might vary in their legal protection from one jurisdiction to another. It will then show how legal differences can be exploited by the illegal trade. Finally, it will be considered how Europeans might frustrate this trade, from a theoretical to a practical level, albeit noting the obstacles to converging legislative frameworks to protect the exploitation of archaeological finds for personal gain.