An Ancient Bronze Headache for The Getty

If like most people you enjoy collecting things – baseball cards, stamps, snow globes of the world, etc. – chances are you built your collection in a law-abiding way.  You received these items as gifts, or you bought them from a shop, market, garage sale, etc.  At the time, you probably didn’t stop to think about where the person selling you the item picked it up; if you did, chances are you dismissed the question from your mind fairly quickly.

Yet when it comes to extremely expensive objects, such as items from ancient cultures, international law is often not willing to dismiss that question so easily.  Countries know that antiquities are part of their cultural heritage, and as crass as it may seem to observe the fact, cultural heritage can translate into tax revenue.  Having magnificent, ancient objects to put on display in state-run museums will attract more visitors, and therefore more income, in the form of admissions fees, taxes, and externalities to local businesses such as hotels and restaurants, who themselves will then be taxed as well.  An example of this which is very much in the international legal and art news right now involves a bronze statue that has been on display at the Getty Museum in Los Angeles for decades, but which has been in the midst of a sort of custody dispute with the Italian government, at the instigation of a local museum group, for the past five years.

In 1964, Italian fishermen working on the Adriatic Sea discovered a well-preserved Ancient Greek bronze of a young man, presumed to be the figure of an athlete, since he is crowning himself with a laurel wreath as the victors in the original Olympic games used to do.  Commonly referred to as “The Victorious Youth” or “The Athlete of Fano”, after the nearest town to where he was found, it was probably cast sometime between the 1st and 2nd centuries B.C.  So few Greek bronzes from the ancient world have survived, that this was a truly remarkable find.

The fishermen in question sold the statue to a local art and antiques dealer, maintaining that they had found it in international waters; the piece eventually left the country and passed into the international art market.  A few years later, the men who had sold on the statue were charged with theft by the Italian government, since any ancient object discovered in Italian territory is rightfully the property of the state, not only under Italian law but in fact in many other countries around the world as well.  Although the men were initially convicted, those convictions were later overturned.  An appeals court found that the prosecution had failed to establish the most critical element of their case: i.e., that the statue had been found within Italian territory, and was therefore Italian state property.  Without that proof, there could be no presumption of culpability of theft from the Italian government on the part of the sellers.

Several owners later, the Getty purchased the bronze in London for $3.95 million in 1977.  They did so even though a few years earlier, the museum’s founder J. Paul Getty had passed up the chance to buy the statue when he smelled something fishy about the question of legal ownership.  After Getty’s death, the curators ignored his caution and went ahead and bought the piece anyway.  The statue made its way to Los Angeles, and became one of the greatest prizes of the museum’s collection.

Now we fast-forward to 2006, and an effort by the Italian government to crack down on activities like looting, grave robbery, and the illegal export of antiquities.  Italy contacted the Getty and alleged that a number of items in the museum’s collection had been illegally exported from Italy, and demanded the return of these objects; one of the objects on the list was “The Victorious Youth”.  While the museum complied with most of the requests, it refused to return the bronze, saying that the issue had been decided back when the appellate court quashed the convictions of the men who originally sold the piece into the stream of commerce.  Since then, the statue has been the subject of ongoing litigation between the Getty and the Italian government.

Most recently, on Monday of this week the parties were expecting to argue before the Italian Supreme Court in Rome, after a lower court judge issued a ruling ordering that the statue be returned to Italy – a ruling which the Getty appealed.  Unfortunately, though perhaps not surprisingly given the pace of the Italian justice system, the panel charged with hearing the case decided to boot the matter to another department, meaning that the litigation will go on for the an unknown additional length of time.  To date, then, the ultimate fate of the “Victorious Youth” remains in question.

As interesting as the legal side of this case is, including the philosophical and public policy questions it raises about our right to own objects, from a practical if not a jurisprudential point of view, I suspect the Getty will eventually be compelled to send the bronze back.  Even were the court to find that the previous judicial precedent regarding the statue’s aquatic origins was correct, that alone would be no guarantee that thereafter things would be smooth sailing. After all, the Italian authorities could begin to make life very difficult for the Getty, such as if the Getty wanted to borrow a work for a joint exhibition with one of the Italian museums.  Perhaps that is a cynical view, but again, it is a foreseeable result in this case. Regardless of the decision, it will be fascinating to read when it finally comes down.

"The Victorious Youth" by Unknown Sculptor (c. 300-100 B.C.) The Getty Museum, Los Angeles

“The Victorious Youth” by Unknown Greek Sculptor (c. 300-100 B.C.)
The Getty Museum, Los Angeles

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Cuckoos from the Ashes

Beginning in the second half of the 20th century, Western culture developed a fixation on bringing ugliness out of the ruins of loveliness, at least when it comes to the rebuilding of churches destroyed in wars or natural disasters.  We can all point to some examples of how these shotgun weddings between prelate and architect in recent decades usually turned out to be an unhappy ones for the rest of us to behold.  So with a significant new church-building project beginning to take shape in Haiti, which will no doubt garner a great deal of international attention, one cannot help but wonder whether what will rise from the ashes of that country will be not a glorious phoenix, but rather a marauding cuckoo.

The reader is no doubt familiar with the mythological phoenix, a bird which sets itself on fire in order to produce an egg.  After this self-destruction, a magnificent offspring hatches and rises from the ashes, symbolizing new life coming from death.  This is one reason why the phoenix was adopted very early on in Christian iconography as a symbol which would remind the viewer of how Jesus rose from the dead.

Of course from ornithology we know that no species of bird actually comes into the world in this way, but we do know about the rather curious way that a cuckoo is hatched.  Many species of cuckoo lay their eggs in the nests of other birds, in what is known as parasitic brooding.  When the fledgling cuckoo hatches, it kills its adopted siblings in the nest, or the cuckoo’s “birth parents” will kill the other little birds for it.  [N.B.: Next time you smile at the charm of hearing the chirping of a cuckoo clock, you might think about that gentle bit of nature.]

After the 2010 earthquake in Haiti, international relief focused on caring for the physical needs of those who survived it.  Burying the dead, tending to the wounded, and feeding, clothing, and sheltering the survivors were of primary importance.  Infrastructure had to be rebuilt, services restored, and the like, in a desperately poor country which never really had much of these things to begin with.  At the same time however, the majority Catholic population of Haiti needed to have their spiritual needs attended to, since food rations and water alone do not provide hope for something beyond surviving the next 24 hours.

The losses to the Haitian Catholic community as a result of the earthquake were staggering.  Not only was the historic Cathedral in Port-au-Prince completely destroyed, along with many other churches, but so were the offices of the Archdiocese and the Apostolic Nunciature, i.e. the Vatican embassy.  Even more tragically, the Archbishop of Port-au-Prince, the Vicar-General of the Archdiocese, and dozens of seminarians were among those killed in the disaster.

More than two years have passed since the earthquake, and now an architectural competition is underway to submit designs for a new Cathedral in Port-au-Prince.  A look at the photographs displayed on the website for the competition reveals the extent of the devastation of the old building, and why it is almost certainly impossible to rebuild the cathedral to look as it was before the disaster.  According to the competition site, the destruction was made all the more complete by the theft of metal from the ruins of the Cathedral, including the zinc frames holding the few remaining stained glass windows that might otherwise have been preserved.

Part of me wishes that the place could be rebuilt, since it was such a lovely and appropriate building.  It was a very feminine, graceful church, mixing Victorian Neo-Gothic with some of the fantastical elements we see in contemporary French churches of the time, such as the Sacré-Cœur Basilica in Paris. And the pastel pink and white color scheme used both on the interior and exterior of the building spoke of its Caribbean heritage.

However this is not to be, and if recent examples are anything to go by, I am afraid the Haitian people had better prepare themselves for the arrival of a rather ugly hatching in their midst. For example, the once-majestic Coventry Cathedral in England, which was destroyed during World War II, was replaced with a dark, oppressive, brick and concrete monstrosity. The lavishly-decorated Kaiser Wilhelm Memorial Church in Berlin, which was also destroyed in World War II, received two utterly godless glass boxes which are locally referred to as the “lipstick case” and “powder box”, since they look like late 50’s/early 60’s accessories from a lady’s purse.

A recent example from this side of the pond is perhaps my personal favorite – if “favorite” is the right word for such horrors. Even before he used the excuse of damage from the 1994 Northridge Quake in California,  Cardinal Mahoney of Los Angeles had been trying to have the lovely old Cathedral of St. Vibiana demolished, so that he could build something more in keeping with his appallingly bad taste on the same site. After years of legal battles with the city, historic preservation groups, his own parishioners, and so on, the Archdiocese finally obtained land nearby, on which was built a monstrosity popularly known as the Taj Mahoney. The lovely old Cathedral was de-consecrated, and turned into a local community cultural center – which, by the way, is still standing just fine, thanks very much.

I will admit that I am, to some degree, rolling out the “jump to conclusions mat” with regard to this design competition for the new Cathedral in Port-au-Prince. After all, the submissions have not even been entered yet, let alone the three finalists selected. And once a winner is chosen, it will still take many years and many millions of dollars in fundraising to build the winning design.

That being said, it is important to keep in mind that churches are not structures which are built every day. They are first and foremost buildings whose purpose is to glorify God, and serve as a place to worship Him.  From a practical standpoint a cathedral, which is the church that serves as the seat of the local bishop, is a monumental undertaking, particularly when it is being built in a country’s capital. Cathedrals always feature prominently in both the religious and secular life of a city, not only in their primary role as the House of God, but also as venues for the Church to receive and meet with members of the local community and with civic authorities.

Before anything gets decided, those who make the final selection for this competition should keep in mind not only the past and the future of Haiti, but also the unique opportunity they have to build something beautiful and inspiring that will last for centuries. Anyone who looks at the three examples I gave in this post and concludes that the replacements were better than the originals should not be allowed anywhere near a voting slip in this matter.  A country like Haiti, which is so much in need of hope after unimaginable devastation and sadness, ought not to put its resources into building something that is trendy now, and then maligned less than a generation later. In looking to the future, I would challenge the Archdiocese of Port-au-Prince to remember that over the past 2,000 years, time and again history has shown that the most glorious, lasting, and well-loved houses of worship are those which seek to put God first.


Cathedral of The Assumption, prior to the 2010 earthquake
Port-au-Prince, Haiti