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The Parthenon Marbles Dispute (A.) Herman Heritage, Law, Politics. Pp. xxii-212, ills. Oxford; Hart Publishing. 2023. Paper £19.99 ISBN: 978-1-5099-6717-9

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The Parthenon Marbles Dispute (A.) Herman Heritage, Law, Politics. Pp. xxii-212, ills. Oxford; Hart Publishing. 2023. Paper £19.99 ISBN: 978-1-5099-6717-9

Published online by Cambridge University Press:  13 May 2025

Juliet O’Brien*
Affiliation:
Salesian College, Farnborough, UK
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Book Review
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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
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© The Author(s), 2025. Published by Cambridge University Press on behalf of The Classical Association

Alexander Herman’s book thematically arranges the legal, ethical, and cultural aspects of the Parthenon Marbles dispute. The book begins with a concise timeline of campaigns with many references (possibly the reliance on Mary Beard for pithy one-liners adds to the readability), continually returning to the bigger question:

Why are we still arguing about the sculptures taken from the Parthenon at the behest of Lord Elgin?

He announces his intent to write a balanced analysis ‘without advocacy’ but not ‘an exercise in neutrality’. What exactly does that mean in practice? The answer is that he continually seeks ways to find ways to calm the debate and inflammatory language within such as ‘theft.’

Herman investigates more obscure figures in the story and focuses less on the infamous Lord Elgin. For example, Elgin’s chaplain Reverend Hunt drafted the original request to the Ottomans and possibly bribed the relevant officials; Giovanni Battista Lusieri was the artist, untrained in archaeology or antiquities, who oversaw much of the hacking. Herman is cautious but nevertheless clear in portraying Melina Mercouri as injurious to the cause with her emotional appeals. He also has apparently little faith in Neil MacGregor’s claim that the sculptures should be in their current ‘global museum’ to inform views of civilisation.

Herman situates these figures amidst what he feels to be significant context: the 1687 bombardment which caused much of the sculptures to fall to the ground anyway; the British–Ottoman alliance following the defeat of Napoleon in Egypt which facilitated Elgin’s good relations with the occupying force in Greece at the time. At the other end of the chronology, he points to austerity and financial crises which distracted a succession of Greek governments from following up promising legal campaigns. In this way he acknowledges that he follows the ‘actor-next work’ methodology, hoping to find possible areas of consensus for both sides in the debate by avoiding scapegoats. Nevertheless, the author’s own colourful character sketches are the most memorable aspect of the book; for example, Lusieri was ‘almost comical….an artist known for his enormous Italian landscapes….but the removal of the marbles…would prove to be his one monumental completion.’ His methodology also fails to fully explain why the British Museum Act was passed amidst a popular wave of heritage restoration led by the Duke of Wellington, returning artefacts seized by France. Finally, his argument, that the possession of the marbles (European after all) is integral to a lingering British imperial identity (post decolonisation?) is unconvincing.

On the other hand, he is impressive in the way he sensitively addresses the cultural questions as they arise; the public enthusiasm (even amongst lower classes apparently) and copying of the style in Victorian London sculpture reflect the positive inspiration of the sculptures in a cosmopolitan context. Conversely, his recounting of conversations with Greeks in Athens itself adds empathy to his discussion of ethics questions; how the ancient world is much more integral to modern Greek identity than to the English counterpart, especially in an age where this identity is perceived to be threatened by multiculturalism; the Acropolis is a symbol of recovering from Tyranny since the time of the Persian wars. Conversely, one cannot fail to be touched by his personal tribute to British Museum staff, past and present. The emotions of ‘people’ on both sides shines out in these sections.

Furthermore, he clearly sets out all the legal questions. Apparent permission came from a Buyuruldu from the Kaimacam who was acting as deputy, but not a firman from the Sultan. At the same time there is a lack of Ottoman records, only a copy translated into Italian. He raises the question as to whether the wording allows for excavation only or removal as well, then reviewing legal sources that are doubtful. However, he acknowledges that a second Buyuruldu and subsequent letters authorising removal from the Piraeus are less doubtful. He looks into minor legal questions; bribes were very possibly regarded as illegal under Ottoman law but never declared as such; Greeks perceived the Ottoman rule as occupation, but this was not legally defined until 1899, and no post-independence Greek law nullifies Ottoman edicts. He praises the thorough questioning of a range of witnesses by the parliamentary committee who recommended the purchase, as well as individual MPs who recommended amendments to the 1816 bill. Therefore, he is clear that overall, the removal of the sculptures was legal. Similarly, he is frustratingly clear about the current English law on possession of chattels, which is what the sculptures would count as, as well as the barrier to return posed by the 1963 British Museum Act. Apparently, there is hope that the latter could be got round through the new ex gratia in the Charities Act.

The clarity of this legal overview is commendable and makes his suggestion, of finding compromise through legal loopholes such as ‘bailment’ or a ‘Parthenon partnership’, more appealing. To finish, he takes the classification of conflicts theorised by Christopher Moore to explain why attempts to resolve this debate have failed in the past. He puts forward a series of proposals for moving forward, such as employing a ‘legal advisor’ to decide on a joint version of the history and in this way diffuse the emotional intensity of the debate.

It may be useful background reading for any teacher wishing to plan lessons about the dispute, which the author illustrates to be as relevant today as it ever was. Clear organisation and subtitling make it a handy reference book, accessible for any sixth form students planning an extended project qualification (EPQ) on this topic.