Re: U.S. Appeals Court Rules Spanish Museum May Keep Nazi Looted Art #holocaust #announcements


Adam Cherson
 

Even more appreciation to Professor Lazerow for not only detailing the facts of the case, but for providing a meta-critique of the structure of the Euro-American legal system (and its lawyers). Not to belabor this much more there are a few observations I make on the Professor's anaylsis: 1) the doctrine of adverse possession, which is similar in effect to the statutes of limitations covering some crimes and some other unlawful behaviors,  includes the notion of being 'open and notorious'; this is to assure that anyone who might wish to contest the adverse ownership can actually find out who owns their property and then try to do something about it before the period expires. I don't know to what extent the Spanish prescription law includes these criteria, but if it does, I wonder whether the ownership(s) in this case ever reached that level of openness and notoriety, 2)  'the wrongdoer...absconds with the money': this is a key flaw in the system described by the Professor which when all the dust has settled serves to shield plunderous activity (and its beneficiaries) while inciting legal warfare between innocent parties seeking justice: the actual wrongdoer avoids responsibility entirely while at best one of the innocents may win a pyrrhic or costly victory, meanwhile society as a whole loses; I don't know to which ancient legal system we can attribute the shielding of plunder and illegality (all for the benefit of the wrongdoers, their 'fences', and some lawyers), but it seems to be a fundamental principle to the Euro-American legal system as we know it today. I suspect that the origin of this legal orientation stems from the influence of ancient nomadic, raiding cultures of the Eurasian steppes who sought to justify their economic 'take-over' legal model in the places they raided and plundered. Since Pissaro was of Danish-French descent and born in St. Thomas, perhaps after the innocents split the proceeds of sale, the painting should wind up on that Caribbean island for public enjoyment. When I look at the painting I am astonished by the fact that a small piece of canvas overlaid by some oil-based pigments and surrounded by a few timbers, no matter how expertly crafted, could actually be worth 30M$US on the auction block! But that is another subject.........

Adam Cherson

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