Restitution of WWII cultural property: Philosophical and legal approach

This chapter offers an examination of disputes regarding the return of the cultural objects lost during the Second World War from the perspective of the theory of hard cases. The authors believe that this issue remains actual up to this day due to the deep multigenerational trauma, long-lasting political turmoil, and the ineffectiveness of legal solutions applied directly in the aftermath of WWII. The complex interplay between morality, politics, law, and economics often remains present in the problem of post-conflict restitution of cultural objects. This interaction of motives accounts for the difficulty of resolving hard cases of restitution in the aftermath of WWII, while the symbolic value of the lost objects affects the legal discourse. The authors address the issue by discussing the theory of restitution and restitution arguments, methods of disappropriation conducted during WWII, and legal and moral approaches to the restitution of cultural objects lost during WWII.