Page 173 - Courting the Media Contemporary Perspectives on Media and Law

164 Shea Esterling

either middlemen or a rogue archaeologist. In addition, this representation
reinforces imperialist overtones [Shohat & Stam].
Economic profitability partly explains the absence of both these realities
and tougher issues regarding the illicit trafficking and the repatriation of
cultural objects. Specifically, the texts of films are economic goods that seek
to generate profits. Mike Wayne discusses this concept in relation to texts of
television shows. However, the concept easily applies to films as well. ―It
comes as no surprise that directors, producers, actors and the rest of the
Hollywood machine seek to earn a profit. However, the realities and serious
research concerns of illicit trafficking and the repatriation of cultural objects
pull in a different direction from economic considerations and ultimately have
erased the aforementioned texts in these films. [Wayne, p. 24]. Spielberg
specifically modeled the trilogy on the escapism and simplification
characteristic of the Saturday matinee serial. After all, as archaeologist John
Gowlett noted specifically in relation to the trilogy‘s failure to depict reality in
relation to archaeology, ―I cannot think of anything worse than pontificating
upon whether any archaeology in this fails to meet reality. That would be
about as worthwhile as spotting the impossibilities of physics in Star Wars‖
[Gowlett, p. 157].
By omitting the plight of the tombalori and other ethical issues associated
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with its subject matter, the films can limit issues of public awareness of illicit
trafficking, but by no means suppress them. The failure of other forms of
public discourse on the subject means that Indiana Jones probably remains the
main, mass source of information on the subject, and remains a useful stimulus
for critical, stepped responses in audiences [Law Times].
To identify limitations in the subject matter of the films, such as the
division of ideological discourse between cultural internationalism and cultural
nationalism, is to engage in a debate allowed by the cultural works. To use
analytic tools to bring close attention to film works, is to treat them with the
attention given to formal legal texts, and denies continued resistance to
unconventional sources and in particular popular culture by legal disciplines.

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A 2001 study by the Archaeological Institute of America reveals that only 23% of
respondents were aware of the laws regarding the buying and selling of artifacts while
only 28% knew of laws protecting archaeological sites [Wilkie, p. 98]. Yet this survey
also indicates there is at least public concern regarding the illicit trafficking and
repatriation of cultural objects. 96% of respondents agreed that there should be laws to
protect historical and prehistoric archaeological sites while 90% agreed that there
should be laws to protect the general public from importing artifacts from a country
that does not want those artifacts exported [Wilkie, p. 98].