The law as mediator between archaeology and collecting

Abstract

The goal of the law is to encourage behaviour that is beneficial to society and to deter conduct that is detrimental, including conduct that imposes negative externalities (or costs) on others. One such detrimental activity is the looting of archaeological sites, which confers economic benefit on the individuals involved in the network of looters and smugglers, but which causes detriment to society through the loss of the knowledge that could otherwise be gained from the proper excavation of archaeological sites and the information that they contain (Gerstenblith 2007). Yet different nations have adopted different legal rules to respond to the problem of unscientific exploration. The articles in this collection address from diverse perspectives the divide between archaeologists and collectors of artefacts, as epitomised by the metal detecting community, and, perhaps more importantly, the question of whether this divide can be bridged.

Keywords

• archaeology
• response
• metal detectorists
• collectors
• laws
• historiography
• debate