TY - JOUR
TI - The Aboriginal Shield from the Collection of the British Museum: A Case Study from the Perspective of Recent Developments
AU - Plata, Agnieszka
TI - The Aboriginal Shield from the Collection of the British Museum: A Case Study from the Perspective of Recent Developments
AB - 
	This article analyses the case of the dispute over the return of the Aboriginal shield from the collection of the British Museum, which up to 2018 was believed to have come from the First Contact with the Aboriginal people made by the crew of captain James Cook. The arguments exchanged between the parties are studied from the perspective of the theory of hard cases. The claim for the return expressed by Rodney Kelly is supported mostly by the arguments based on justice, and both personal and cultural affiliation. The British Museum responded to the claim with results of research questioning the provenance of the shield. The relevance of the research is evaluated in the context of the symbolic significance of the case. The author believes that application of the theory of hard cases allows to broaden the debate beyond the scope of positive law.
VL - 2022
IS - 2/2022 (8)
PY - 2022
SN - 2391-7997
C1 - 2450-050X
SP - 159
EP - 180
DO - 10.4467/2450050XSNR.22.016.17029
UR - https://ejournals.eu/en/journal/saaclr/article/the-aboriginal-shield-from-the-collection-of-the-british-museum-a-case-study-from-the-perspective-of-recent-developments
KW - colonialism
KW - colonial loot
KW - Indigenous peoples
KW - Aboriginal Australians
KW - restitution
KW - postcolonial studies
KW - hard case
KW - argumentation