Book Description
The issue of returning art and cultural property removed from explored or conquered lands by Americans and Europeans is an unresolved problem. This book is about the return, or not, of works of art and antiquity taken during the Age of Imperialism and now held in museums and private collections. Arguments put forth by the states seeking return or restitution for lost art treasures and meaningful cultural icons are pitted against conservator interests who maintain that these art treasures and cultural artifacts belong to all humanity and should be preserved in museums. In this volume, scholars and authorities on art, cultural property law and museum collections offer contrasting views on topics such as the Elgin Marbles, the return of the Nefertiti Bust and the problems and progress of the Native American Graves Protection and Repatriation Act (NAGPRA).
Book Description
How do nations and aggrieved parties, in the wake of heinous crimes and horrible injustices, make amends in a positive way to acknowledge wrong-doings and redefine future interactions? How does the growing practice of making restitution restore a sense of morality and enhance prospects for world peace? Where has restitution worked and where has it not?
Since the end of World War II, the victims of historical injustices and crimes against humanity have increasingly turned to restitution, financial and otherwise, as a means of remedying past suffering. In The Guilt of Nations, Elazar Barkan offers a sweeping look at the idea of restitution and its impact on the concept of human rights and the practice of both national and international politics. Through in-depth explorations of reparation demands for a wide variety of past wrongs -- the Holocaust; Japanese enslavement of "comfort women" in Korea and the Philippines; the internment of Japanese Americans after Pearl Harbor; German art in Russian museums and Nazi gold in Swiss banks; the oppression of indigenous peoples in Australia, New Zealand, the U.S. mainland, and Hawaii; and the enduring legacy of slavery and institutional racism among African Americans -- Barkan confronts the difficulties in determining victims and assigning blame in the aftermath of such events, understanding what might justly be restored through restitutions, and assessing how these morally and politically charged acknowledgments of guilt can redefine national histories and identities.
Customer Reviews:
An admirable effort, but not engaging.......2001-11-05
I hesitate to write a review of this book because I am reluctant to critique a very noble and dilligent effort by Barkan to document reparations movements and issues from throughout the world; I can only imagine the time and effort it took to write this. It's very well documented, and I cited it in my research. I just didn't find it very engaging personally, but that doesn't mean that others won't find it meaningful.
Callous disregard of the vistims.......2001-03-09
"Those who love to feel guilty will applaud the book." How cynical! I'd have let it pass if it weren't for the "17 of 20 people (who) found the following review (by Derek Parker) helpful." Parker, like most white Australians, is totally into denial that the genocide started by invaders 213 years ago is the one and only cause for the abject state of the indigenous peoples who have not ceded sovereignty. Nine out of 10 were wiped out by slaughter, starvation, disease and dispersal from their lands. Massacres were still happening within the life spans of present-day parents and grandparents. Indigenous Australians live 20 years less on average than other people in the country. I could bore you with endless statistics testifying to the continuing devastation of Australia's First Peoples through the ongoing white war on them: deprival of education, health care, jobs, 20 times the normal imprisonment rate, etc., etc. What Parker obviously doesn't like is that the tyranny of distance no longer works and White Australia's crimes are more and more in the world spotlight, including in this book. Australia is getting plenty of stick in international bodies for not living up to human rights agreements it has signed up to. The issue is if not the biggest, then one of the biggest on the national agenda. Parker and his camp would be yelling loudest if present-day Germans were to shirk their responsibility for restitution to the Jews. Yet to him Australian perpetrators are sacrosanct. Parker alleges that "Barkan acts as if there are no difficult questions at all" in regard to the Aborigines, and "Largely, he accepts the claims put forward by the wronged group, dismissing contrary arguments." I would like Parker to back his claims that Barkan's "selection of evidence seems so one-sided as to almost be misleading" and that he's made a "number of straightforward errors." In my view, Barkan, as a non-Australian, has a remarkably accurate take on our country. "He seems to assume that the fact that someone has been wronged makes anything they say automatically correct." - Barkan does not. To speak of a "victim/victimiser methodology" is callous disregard of the pain our indigenous people still suffer and a vicious panning of those who empathize with them. "There are important issues of human dignity here." - You bet! Yet the Australian government is refusing to allow various United Nations human rights sub-bodies into the country to investigate. "How much responsibility can be placed on the shoulders of people who might well have been ignorant, or even born after, the wrongdoing?" - So we don't attone or restitute in any way once our parents and grandparents are no more? Tough luck for those suffering among us if our ancestors wronged theirs? If we're living off the fat of an invasion, and those invaded still suffer the after-effects? "The case he discusses where, in Australia in the 1960s, half-caste Aboriginal children were removed from their families and placed in (white) foster homes is a case in point. It now seems wrong, but at the time was done with benevolent intent." - The stealing of children went on for more than a hundred years. The plan was to "breed the colour out" of the indigenous people, not some benevolent intent. How can removing children from extended families by force ever be benevolent? Merely on the pretext that a traditional lifestyle did not fit in with the growing white settler population's idea of how one had to live? "Historical injustice deserves a great book." - and a better review than Mr. Parker's. "The Guilt of Nations" is good stuff. Hopefully it will reach many readers and put Australia's deniers on notice that more and more of the world is watching.
Not proven.......2000-07-07
Barkan has to be commended, at least, for taking on a huge subject: the attempts of groups, seen increasingly over the past quarter-century, who have been the victims of government policies and wrongdoing to seek recognition and redress. The Guilt of Nations has introductory and concluding sections that thoughtfully discuss the issues involved, trying to establish a general framework. Philosophically and practically, it's a tough subject. There is, in liberal societies, an ongoing tension between individual and group rights, and limits on government resources. The particular circumstances of the wrongdoing also have to be examined. Barkan, as a means of illustrating the problems, looks at the post-war restitution by Germany to Jews; and, in a concluding section, examines the difficulty of compensating Black Americans for slavery. These parts of the book are well-considered and well-argued. The problem of The Guilt of Nations lies with the case studies that make up the middle section of the book, especially in the chapters dealing with indigenous groups. Here, Barkan acts as if there are no difficult questions at all. Largely, he accepts the claims put forward by the wronged group, dismissing contrary arguments. Indeed, in the chapter on Aboriginal issues in Australia ( a subject this reviewer happens to know something about ) his selection of evidence seems so one-sided as to almost be misleading. There is (in this same chapter) a number of straightforward errors that make one wonder whether his agenda is not more important to Barkan (who is an academic historian) than the facts. He seems to assume that the fact that someone has been wronged makes anything they say automatically correct. This is not to say that victims should be blamed for what might have happened to them: it is to say that human events can be much more complicated than a victim/victimiser methodology. This is a great pity, because there are important issues of human dignity here. The cases of the "comfort women" used by the Japanese army in World War II and the internment of Japanese-Americans by the US government in 1942 are undeniably affecting, especially insofar as a recognition of the wrong done to them was more important to those involved than monetary compensation. Yet Barkan, in what seems to be a rush to condemn the perpetrators (as he refers to those he doesn't like) seems to miss a crucial dilemma: how much responsibility can be placed on the shoulders of people who might well have been ignorant, or even born after, the wrongdoing? (Actually, Barkan does mention this question. But he doesn't answer it in a meaningful form; he sort of assumes it away.) There is another question he skips around: to what extent can the morality of 2000 being applied to quite different social circumstances? True, there are cases where evil is so obvious as to have no defence in circumstances; equally, there are cases where what now seems wrong seemed right, even necessary, at the time. The case he discusses where, in Australia in the 1960s, half-caste Aboriginal children were removed from their families and placed in (white) foster homes is a case in point. It now seems wrong, but at the time was done with benevolent intent. It might have been wrong, but it cannot be called evil if evil requires intent. But Barkan fails to makes such a distinction, and does not even seem interested in trying. Historical injustice deserves a great book. The Guilt of Nations isn't it. Parts of it have interesting things to say, but it veers between seriousness and silliness. Those who love to feel guilty will applaud the book. The rest of us will, and should, treat it with caution.
Book Description
The problems embodied in this book differ from the usual academic presentation in several ways. First, students are not initially confronted with an authoritative statement of "law" but with facts and human problems. Second, except in the four introductory chapters, the problems are not organized to present an orderly sequence of remedies rules. Instead, they are organized around diverse factual settings, so the issues come to the student just as they come to lawyers in practice—helter-skelter. Requires students to work analytically, not in an organization dictated by the logic of a casebook.
Product Description
The Seventh Edition of Equitable Remedies, Restitution and Damages continues to provide comprehensive coverage of the legal and equitable remedies that are available in actions for both public and private wrongs. Although the casebook is designed for a Remedies course (of any length), it is also suitable for a separate course in Equity, Injunctions, Restitution, or Damages. The first half of the casebook introduces students to injunctions, damages, restitution, and declaratory judgments, in that order. The second half of the casebook gives students an opportunity to consider these four types of relief as remedies in actions for tortious misconduct, breach of contract, and unjust enrichment. While this edition shares the same organizational plan as its predecessor, it has been substantially enriched by the addition of new cases and textual notes.
Customer Reviews:
An outstanding book! Exceptionally thought-provoking!.......2002-03-27
In my opinion, this is one of Gary North's best books, right up there with "The Sinai Strategy" and "Honest Money." In this book, which is a spin-off of "Tools of Dominion: The Case Laws of Exodus," North describes the Biblical view of the law as it is found in Exocus 21-22 and then applies that perspective to contemporary legal situations. The results are truly eye-opening.
Why, for example, when a thief robs a victim, does the thief pay damages to the State rather than the person he robbed? Why does the victim of the crime often receive nothing for having been robbed (unless he receives it though the insurance he himself paid for)? Why do the fines from speeding tickets go into the general funds of the city or county in which the infraction occured, rather than go into a fund to pay for the injuries to other drivers and pedestrians who are hit by speeders? When the funds go to the city, doesn't this encourage the corruption of underposting the speed limit, speed traps and ticket quotas for traffic cops?
Who is the victim of crime, the person who was robbed, beaten up or the family members of the person who was murdered, or is the victim of crime the State? Who should receive restitution from the offender, the victim or the State? Under our present non-Biblical system, the State receives the compensation from the criminal, not the actual victim of crime. It doesn't make sense. And because of that, our society is becoming increasingly lawless over time, not law-abiding.
I most highly recommend this book to anybody who is interested in better understanding the Biblical view of one of the major social issues of our time. Regardless of whether or not you are a Christian, this book will have you thinking and reflecting deeply on the issues it brings up.
Book Description
Authoritative text illustrates the possible applications of difficult rules, explains requirements, assesses arguments, and offers options in uncertain situations. Reviews equity and nonmonetary remedies, principles of damages, and restitution. Details harms to interests in tangible property, explores interference with economic rights, and discusses invasion of civil rights and dignitary interests. Addresses personal injury, fraud, and other unconscionable conduct. Also identifies mistakes in contracting and gift transactions, remedies for breach of contract, and unenforceable contracts.
Customer Reviews:
BasicBook.......2003-01-15
The book is O.K. but it's a little out dated. Laws have greatly changed since this latest edition. It waists pages by explaining useless and ancient history of law and torts. Provides a broad outine of torts with sometimes poor english and sentence structure.
It's a necessary read but some tort case outcomes leave you out in no-where unless you look the case up and read it for yourself.
Nothing exciting.
Book Description
Designed specifically for students, Blackstone's Statutes lead the market in providing a carefully selected, regularly updated, and well sourced collection of legislation for the core subjects and major options offered on the law syllabus. Each title is ideal for use throughout the course and in exams providing the student with: - Unparalleled coverage - Unannotated primary and secondary legislation - Detailed indexing and tables of content to aid quick and efficient research - Up-to-date and relevant material - Statutes Series Online Resource Centre providing guidance on using a statutes book
Book Description
View the
Table of Contents. Read the
Preface.
"Bazyler has written an indispensable history of Holocaust restitution as litigated in US courts. . . . Essential."
—CHOICE
”Any activist or scholar interested in any restitution movement should read this book.”
—Journal of Genocide Research
"Bazyler rightly attacks the commission as an unmitigated disaster and . . . correctly describes the situation as a disgrace."
—Financial Times Magazine
"Holocaust Justice tells the complete story of the legal campaign to win restitution for Hitler's victims and thus deserves a large reading audience. . . . The Book should remain the standard work on the subject for some time to come."
—New Jersey Jewish News
"Bazyler . . . gives details of nationwide litigation in which courts rejected the legal basis for such claims. His book is enlightening and provocative."
—Los Angeles Times
"Michael Bazyler has written an incisive and compelling history of the effort to use law to gain a measure of justice for victims of the Holocaust. Not only is the book an indispensable chronicle of the Holocaust litigation; it is a probing inquiry into the wisdom and morality of the effort."
—Burt Neuborne, John Norton Pomeroy Professor of Law, NYU Law School, Lead Settlement Counsel, in Holocaust Victim Assets Litigation
“By patiently walking us through the vast and complex labyrinth of litigation and legislation that focused on securing reparations and restitution, Bazyler shows us that the loss of property caused by the bureaucratic workings of banks, corporations, and insurance companies was even more difficult to prove in court than the loss of life caused by no less bureaucratic workings of the concentration camps.”
—Washington Post
"In this lucid and compelling book, Bazyler documents the fight for restitution, its successes, and its failures."
—Booklist
"...A definitive analytical study of how the American courts and system of justice were used to address the mass-scale theft initiated by the Holocaust."
— Wisconsin Bookwatch
"Bazyler has produced a masterful study of the tragedy and triumphs of the Holocaust, and a look at the American legal system as its most effective and redemptive. The book is a "must read."
—International Journal of Legal Information
“A masterly study of the search for justice against long odds. Its analysis is compelling, its importance immense. It is also a fascinating read.”
—Daniel Jonah Goldhagen, author of Hitler's Willing Executioners and A Moral Reckoning
“An indispensable guide to the complex and controversial struggle for justice in the aftermath of the Holocaust, traversing the history of the battle for restitution in America's courts. Bazyler's understanding is authoritative and his learning deep. I thought I knew all the intricacies of the litigation, all the ins and outs of the controversy until I read this book and learned that there was so much more to know. He has done a masterful job of clarifying and elucidating. This work must be studied by anyone interested in the issue. It is a model of fairness.”
—Michael Berenbaum, Sigi Ziering Institute, The University of Judaism
“This book should be read by everyone interested in how some measure of justice was obtained for victims of the Holocaust and about how issues of historical injustice should be addressed by the international community.”
—Paul Hoffman, Chair, Amnesty International
“An incisive work of legal history and an invaluable guide to the litigation involving Holocaust-era assets. Bazyler offers an elegant and up-to-date study that will prove indispensable for those interested in restitution law, the Holocaust, and the issue of historical injustice."
—Jonathan Petropoulos former Research Director, Presidential Advisory Commission on Holocaust Assets in the United States.
“Michael Bazyler brings the passion of a child of Holocaust survivors and the tenacious investigative skills of a lawyer in addressing the complexities of Holocaust restitution. The result is courageous, provocative, and sobering.”
—Rabbi Abraham Cooper, Simon Wiesenthal Center
". . . is valuable as a play-by-play of litigation on the Swiss banks cases, slave labor, Nazi-looted art and Holocaust-era insurance policies."
—Jewish Journal
"The restitution cases he cites in support of his thesis are thoroughly researched and Professor Bazyler's argument is provocative."
—The Art Newspaper
"Bazyler writes intelligently and often bends over backward to give the other side fair representation. But there is no doubt where he stands."
— Hadassah Magazine
"A book born of passion."—Simon Reich, University of Pittsburgh
The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today's dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system.
Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them.
The unique features of the American system of justice—which allowed it to handle claims that originated over fifty years ago and in another part of the world—made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored.
For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks' attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds.
With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.
Customer Reviews:
The story of the effort to win compensation for the Theft of the Property of the Jews of Europe.......2006-11-29
This is a clear, comprehensive well- written account of a search for justice and compensation for those whose property and possesions were stolen during the Holocaust. The author Michael Bazyler, who is Professor of Law at Whittier Law School in California and international law litigator, rightly notes the outset that the property crimes of the Holocaust, secondary to the murder of eleven million human beings, including six million Jews, are nonetheless of great significace. Bazyler makes a strong case for the historical importance and rightness of the search for compensation for the property loss.
For over five decades major international business firms in Switzerland, Austria, and Germany had ignored and covered up their role in property- crimes. The major banks of Switzerland, United Bank of Switzerland, Credit Suisse , and the Swiss Bank Corporation had been heartlessly cruel to individuals by refusing to acknowledge their bank accounts.In the course of the investigations the banks were proven to have collaborated with the Nazis in purchase of gold some of which was taken from the bodies of victims. The Swiss Government had traded with and so supported the Nazi regime.
Bazyler tells the story of the search for compensation in the United States Courts. It turns out that Justice could be attained not in any European courts but only in American ones. The willingness of the U.S. court system to hear these claims, the ability of U.S. government officials ( U.S, Senator Alfonse D'Amato and New York State Comptroller Alan Hevesi played key roles ) enabled pressure to be applied to the Swiss government and firms. The tale of their shameful stonewalling, denial and attempt to escape from any honest dealing with the heirs of the bank account holders is a fascinating part of the story. The compensation deal which was finally made for 1.25 billion dollars actually meant that very small amounts of compensation went to individual holders of accounts. But the whole process did have the positive effect of exposing the degree of venality and criminality, beside sheer human heartlessness of the Swiss Banking Community and political establishment.
Bazyler then goes on to tell the even more heartbreaking story of the slave-laborers search for compensation from Germany. The German firms at first tried to deny and escape any responsibility. The slave-labor issue also extended to firms outside of Germany including even Ford and I.B.M. Again to make a long story short an agreement was reached which led to compensation being given to slave- laborers. Eighty percent of those who received compensation for having worked as slave- laborers were Slavs from Eastern Europe. The relatively small sums of compensation by Western terms, a few thousand dollars only, could in the case of many of those living in Eastern Europe be of significant help. And this when all of this was of course a mere pittance in comparison to the 'real price' in suffering, in life, in time , in dignity which was paid by the slave- laborers.
Bazyler also considers the whole question of stolen art and its return.
In his last chapters he replies to those critics of the whole historical effort to gain monetary compensation. Important well- meaning Jewish voices criticized the whole effort as demeaning the Shoah, as somehow enabling the criminals to think that they had paid off and so made up for their crimes. Bazyler takes strong exception to these critics. He shows, rightly in my opinion, how the class- suits and public attention they generated , exposed Holocaust criminals who had been masquerading as ordinary citizens. He points out that 'monetary compensation' is the only form of compensation possible when speaking of crimes of theft. There was no intention to in any way equate these crimes in weight and significance with the horrible acts of murder and torture which the Nazis and their accomplices committed. Bazyler also refutes the charge that the suits may have stirred new Anti- Semitism in a Europe which has never truly freed itself of Anti-Semitism. Bazyler points out how for a number of those who received the compensation there was a certain sense of justice done.
In his last chapter Bazyler talks about the way such class- action suits may be used by other victims of historical property theft.
This is a well- documented and extremely well- written study.
The persistence, devotion of many of the litigants and also of the lawyers is one side of the story. Another side , is the evil of the evildoers, those who profited from theft and hid that profiting for decades.
Justice of course cannot really be done to the victims, even to those victims who lost only property. For no one lost only property, in a crime whose essence was in destroying the very humanity of its victims, in depriving them of every last bit of human dignity.
An original and core addition to Holocaust Studies reference.......2003-09-18
Holocaust Justice: The Battle For Restitution In America's Courts by Michael J. Bazyler (Professor of Law, Whittier Law School, Costa Mesa, California, and Fellow at the Center for Advanced Holocaust Studies, U.S. Holocaust Memorial Museum, Washington, DC) is a definitive analytical study of how the American courts and system of justice were used to address the mass-scale theft initiated by the Holocaust, which not only exterminated six billion Jews but also stole hundreds of billions in wealth and possessions from its Jewish victims. Since the end of World War II, this mass theft was further perpetrated and exacerbated by Swiss banks that refused to give the families of Holocaust survivors their due; Italian, Swiss, and German insurance policies that refused to pay on prewar policies; wrangling in the courts concerning art looted by the Nazis in wartime Europe, and more. An original and core addition to Holocaust Studies reference collections, Holocaust Justice is a thoughtful, informative, detailed, authoritative study of the ongoing battle for justice stretching decades after Nazi genocide was ended by the Allies along with the rest of the Third Reich.
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New Perspectives on Property Law: Obligations and Restitution
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Book Description
Volume One of Three Volume Set. Provides expert coverage and explanation of American law concerning remedies.
More than a rulebook, this text discusses the remedies that are available in a particular fact setting. Illustrates possible applications of difficult rules, explains proof requirements, assesses arguments and offers options in uncertain situations. Coverage includes the particulars of damages, restitution and equitable relief, and remedial schemes for harms to tangible property. Also covers economic interests, intangible personal property, and compensatory and non-compensatory damages. Discusses remedies for economic torts, personal injury, breach of contract, and more.
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- Kind & Just Parent
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