Cultural Appropriation and Laws of Property in Cultural Property Claims

Abstract

"This paper considers the philosophical contradictions embedded in cultural property policies, and the practical problems that can arise between communities, museums, and their power brokers. On the one hand, the federal-trust relationship between the United States and American Indian Nations acknowledges the sovereign status of tribal governments to appoint their own representatives, while at the same time retains subordinating structures of representation by 1) framing it with respect to a collectively shared identity (and assumed agenda) and 2) maintaining the balance of power in the hands of policymakers. In order to work within the frame of 'collective individualism,' indigenous claimants must assent to the underlying principles of possessive individualism and the language of the law that guides proprietary interests."