Have you ever wandered through a museum, looked at a towering statue or ancient gold crown, and wondered how it actually got there? It’s a question that Alma-Constance and Lucinda recently explored on the Kids Law podcast with guest Mark Stephens CBE, a solicitor and expert on cultural property.
From the Parthenon Marbles to the Benin Bronzes, the objects we see behind glass cases are often at the centre of a massive global debate. Countries are now asking for their heritage back, and the law is slowly trying to keep up with what we now consider to be fair and right.
When ‘Finders Keepers’ was the Law
A long time ago, during the height of the British Empire, travellers would sail across the world and bring back exotic treasures. As Mark Stephens explains, some of these items were traded fairly, but others were ‘borrowed’ and never returned, or even taken as trophies during times of war. He uses a brilliant analogy to make sense of this: imagine if someone visited your house 200 years ago, took your favourite family photo, and hung it in their own living room.
Back then, people might not have questioned it, but today we certainly would. The problem is that while our morals have changed, the law has been a bit like “an old lock on a new door”. It works, but it doesn’t quite fit the world we live in now. In the UK, many national museums are actually restricted by old laws that prevent them from giving objects back, even if the museum curators think it’s the right thing to do.
Safe Isn’t the Same as Home
You might wonder why it matters where an object stays as long as it is safe and being looked after in a public museum. But for many countries, these aren’t just old things. They are sacred religious items, community trophies, or vital links to their ancestors. When these objects are thousands of miles away, the people they belong to can’t learn from them, use them in traditions, or share them with their children.
Mark notes that saying an object is safe in a foreign museum is like telling someone, “Don’t worry, your birthday present is safe, but it’s in someone else’s house forever”. Being safe is important, but it isn’t the same as being home. This is why groups like the British Committee for the Reunification of the Parthenon Marbles are fighting to bring ancient sculptures back to Greece, where they can be seen in the context of the temple where they were first created.
Learning From the Past
One of the toughest arguments in this debate is whether we should judge people from the past by the standards of today. It’s a fair point, but Mark offers a perspective that is hard to argue with: we don’t expect people in the past to think like us, but we do expect ourselves to learn from them.
History is full of things that used to be legal but are now recognised as wrong, such as slavery or denying women the right to vote. Admitting that a mistake was made in the past isn’t about being unfair to our ancestors; it’s about being responsible and showing that our society has improved. As Mark puts it:
“History makes more sense when its pieces are reunited in the same place.”
A Fairer Future for Museums
Returning treasures doesn’t have to mean that museums will suddenly become empty hallways. The future of history is about sharing. Mark suggests that museums can work together through long-term loans, digital technology that lets everyone see objects from anywhere in the world, and shared exhibitions. Think of it like a global library system where books are shared so everyone gets a chance to read them.
Today, museums are also much more careful about what they collect. They use a process called provenance checking, which is like a background check for an object. They look into who made it, who owned it, and whether it was sold fairly. It’s exactly like checking if a second-hand bike is stolen before you buy it.
Standing Up for the Smallest Voices
The law can seem like a distant, dusty set of rules, but Mark Stephens reminds us that at its heart, the law is about fairness and protecting people. He shared the story of the “McLibel” case, where two ordinary people stood up to the giant McDonald’s corporation to defend free speech and the environment. He worked on that case alongside the current Prime Minister, Keir Starmer, proving that the law isn’t just for the rich and powerful, it’s for everyone.
This passion for fairness also extends to how the law treats young people. Mark pointed out that the age of criminal responsibility in England and Wales, which is only 10 years old, is incredibly low compared to the rest of Europe. While a 10-year-old knows the difference between being naughty and being good, they often don’t truly understand the massive, life-changing consequences of their actions.
Your Voice and the Future
As you grow up, the law will affect you more and more, from the age you can vote to the policies that impact your education and your first home. Mark is a big supporter of lowering the voting age to 16, arguing that if you are old enough to be affected by a politician’s decisions, those politicians should have to listen to your voice.
The most important takeaway for any young person interested in the law is to stay curious. If something feels unfair, that feeling matters. Whether it’s an ancient statue sitting in the wrong country or a rule in your own community that doesn’t seem right, asking “why?” is the first step toward making a change.
If you would like to learn more about your rights or how you can get involved in legal discussions, visit kidslaw.info for more resources and podcast episodes.