The Aboriginal Shield from the Collection of the British Museum: A Case Study from the Perspective of Recent Developments

Abstract

This article analyses the case of the dispute over the return of the Aboriginal shield from the collection of the British Museum, which up to 2018 was believed to have come from the First Contact with the Aboriginal people made by the crew of captain James Cook. The arguments exchanged between the parties are studied from the perspective of the theory of hard cases. The claim for the return expressed by Rodney Kelly is supported mostly by the arguments based on justice, and both personal and cultural affiliation. The British Museum responded to the claim with results of research questioning the provenance of the shield. The relevance of the research is evaluated in the context of the symbolic significance of the case. The author believes that application of the theory of hard cases allows to broaden the debate beyond the scope of positive law.