Seton Hall University eRepository @ Seton Hall Seton Hall University Dissertations and Theses Seton Hall University Dissertations and Theses (ETDs) Summer 7-25-2019 Ethics or Law: Which should Prevail in Conflicts Regarding the Restitution of Nazi-Looted Art? Anthony Caruso
[email protected] Follow this and additional works at: https://scholarship.shu.edu/dissertations Part of the International Law Commons, Legal Ethics and Professional Responsibility Commons, and the Museum Studies Commons Recommended Citation Caruso, Anthony, "Ethics or Law: Which should Prevail in Conflicts Regarding the Restitution of Nazi-Looted Art?" (2019). Seton Hall University Dissertations and Theses (ETDs). 2691. https://scholarship.shu.edu/dissertations/2691 Ethics or Law: Which should Prevail in Conflicts Regarding the Restitution of Nazi-Looted Art? Anthony Caruso Submitted in partial fulfillment of the requirements for the degree Master of Arts in Museum Professions College of Communication and the Arts Seton Hall University July 2019 © 2019 Anthony Caruso 2 Approved by: ___________________________________________ Petra ten-Doesschate Chu, Ph.D. Thesis Advisor 3 Abstract Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system. 4 Table of Contents Introduction……………………………………………. 5 Nazi-Looted Art Case Study #1……………………………………………. 11 Cassirer V. Kingdom of Spain and Thyssen-Bornemisza Collection Case Study #2…………………………………………….