The Complexities of Metal Detecting Policy and Practice: A Response to Samuel Hardy, ‘Quantitative Analysis of Open-Source Data on Metal Detecting for Cultural Property’ (Cogent Social Sciences 3, 2017) (original) (raw)
Archaeological Heritage and Metal Detectors: Should We Be Managing Supply or Demand?
Andalusian legislation prohibits unauthorised intervention on archaeological sites, whether by professional archaeologists conducting excavations or amateurs searching for archaeological objects with metal detectors. The use of these devices is only permitted for research teams or in places where there is no reason to expect archaeological remains to be found. Violations of these provisions are punishable with fines and the confiscation of devices. Contrary to the popular belief of many northern European archaeologists who write about this issue, the underlying reasoning for these restrictions is not the regular use of such devices to obtain major archaeological spoils, much less a mistrust between professional archaeologists and amateurs, but rather reasons of an axiological nature. (1) The law establishes the public ownership of archaeological heritage as a social good, the value of which supersedes private interests and the right to private property. (2) The law also provides that archaeological heritage is a finite and non-renewable resource and establishes the obligation to transmit this heritage to future generations. (3) The law promotes archaeological activities guided by an interest in historical knowledge rather than the mere pleasure of locating ‘treasure’. The regular enforcement of this policy has led to both a decline in the number of detector users freely seeking archaeological remains at archaeological sites and a proliferation of detector users on beaches. It has also encouraged the integration of detectorists in archaeological research teams. This model emphasises demand management, based on the understanding that archaeological heritage is a finite, non-renewable resource. It thus stands in contrast to other models that aim to manage supply.
The Archaeological Impacts of Metal Detecting
Open Archaeology, 2019
In a comment on two recent articles on the archaeological impacts of metal detecting, this paper advocates clearer and more valid measures of those impacts and more nuanced classification of the legal and cultural environments in which metal detecting takes place. The need to rely on open-source, online data for transnational analysis makes the former challenging but not impossible. Using the example of Canada, the paper shows that jurisdictional and other complexities make simple "permissive" and "restrictive/prohibitive" dichotomies unhelpful, and suggests using multivariate analysis that accounts for such factors as presumption of ownership, locations of metal detecting, availability of finds reporting, and whether heritage legislation concerns artifacts or only sites. This is essential for development of sound, evidence-based policy on the metal-detecting hobby.
In a recent study, Samuel A. Hardy (2017) has attempted a wide-ranging comparison of the efficacy of different kinds of regulating metal detecting. Based on a comparison of 12 countries with partially different regulatory regimes, some more liberal, others more restrictive, he arrives at the tentative conclusion that liberal regulatory approaches are less effective than restrictive ones in reducing damage to archaeological evidence. According to the results of his study, the regulatory systems in England and Wales, and the USA, work particularly badly in preventing archaeological damage. In this paper, I demonstrate that his study is seriously methodically flawed, and thus cannot be considered to be the empirical study it pretends to be. As I show, while Hardy uses a reasonably consistent methodology to estimate the size of the metal detecting communities in 10 of the countries he examines, by slightly deflating the membership figures of the respectively largest online metal detecting discussion board or Facebook group in each of them, he deviates massively from this for England and Wales, and the USA. Where these two countries are concerned, while having comparable data of the same quality as for all others, he estimates the size of the respective metal detecting communities based on the vastly inflated numbers of the largest metal detecting association in one, and a miscalculation based on uncorroborated sales figures for metal detectors, second hand information gathered from an online journal article, in the other. I thus argue that Hardy's (2017) study, its results, and the conclusions he draws from them, sadly must be discarded. Rather, I argue that his data, if not manipulated, shows that neither more liberal nor more restrictive regulation of metal detecting is more efficient than the other in reducing archaeological damage.
Identifying sites at risk from illicit metal detecting: from CRAVED to HOPPER
International Journal of Heritage Studies, 2018
Archaeological sites are at risk from acquisitive crime: this paper focuses in particular on illicit metal detecting. The effects of theft in this context are not merely financial, but have devastating impact on our knowledge and understanding of the site. Even where items are later recovered, we lose the vital clues about the precise context of an object. We therefore need to reduce the risk of theft occurring in the first place. This paper draws on case studies from England and presents a new methodology to assess which archaeological sites may be at risk from illicit metal detecting: ‘HOPPER’ identifies the characteristics of sites likely to be targeted by offenders looking for antiquities. In brief: History (a history of finds at the site); Open (the site has physical public access, and/or is documented in the public domain); Protection (protected status can act as a beacon for offenders); Publicity (site is known about or receiving new attention); Evasion (there are known ways to escape apprehension); and Repeat victimisation (The site has been a target before). The impact of HOPPER will be its use in the field to develop a pragmatic risk assessment applicable both in a local and international context.
What have metal detectorists done for us? A case study of Bronze Age gold in England and Wales
This paper discusses the impact of metal-detecting and legal frameworks on the reporting of Bronze Age gold discoveries in England and Wales between 1740 and 2010. The thirteen-year period after the introduction of the Treasure Act (1996) saw a major increase in the reporting of gold finds in England and Wales: one third of all known Bronze Age gold sites and objects were discovered in this short time. Almost all of these discoveries were made by members of the public: chiefly metal-detectorists. Professional archaeologists have discovered less than 5% of Bronze Age gold sites or objects, despite the rapid expansion of developer-funded archaeology in England and Wales during the same period. We believe the legal obligations imposed on metal detectorists by the Treasure Act (1996) are a pragmatic solution to the differing goals of metal detectorists and archaeologists, while also generating valuable archaeological materials and information that would otherwise be lost. It has also led to a far higher proportion of findspots being investigated by archaeologists than in the years before the implementation of the Treasure Act (1996). The immense research implications are only gradually being explored.
Metal Detecting in Denmark: Advantages and Disadvantages of the Liberal Model
Since the early 1980s, metal-detector surveying by non-professional volunteers (i.e., amateur archaeologists) has contributed significantly to archaeological research and heritage management in Denmark. Metal detecting has always been legal in Denmark, and since the beginning of metal-detector archaeology, official stakeholders have pursued a liberal model, focusing on cooperation and inclusion rather than confrontation and criminalization. Unlike other surveying methods, metal detecting has contributed to an enormous increase in the number of data and sites from metal-rich periods. Virtually all of the spectacular and groundbreaking discoveries of the past decades were made by amateur archaeologists using metal detectors. To contribute to the discussion on the advantages and disadvantages of a liberal policy toward metal-detector archaeology, this article primarily addresses three questions: 1) Why does the liberal model function in Denmark? 2) What are the disadvantages of the liberal model of metal-detector archaeology in Denmark that can be identified 30 years after its inception? 3) What are possible solutions to these problems? It is argued that a user-driven national inventory of metal-detector finds as the basis for research and dissemination is a precondition for the future functioning of the Danish liberal model.
Metal-detector users affiliated to museums: building a model of community archaeology in Pest County
The current legal framework governing the use of metal detectors is characterised by its strictness. Even the employees of heritage protection institutions may only perform instrumental surveys of archaeological sites under comprehensive official control. Such rigour is understandable given that the use of metal detectors results in a very significant proportion of the archaeological material hidden underground, which forms a part of the nation's assets, being either destroyed or transferred to private collections, often abroad, meaning that their value is lost as items of material and cultural history. The most important condition that private individuals contemplating the use of a metal detector must meet is the conclusion of a cooperation agreement with the museum responsible for the area in question. With that provision, the law has delegated the responsibility for overseeing activities with metal detectors to museums. The recent legislation has presented a new challenge to the decision-makers of the institutions concerned, and the experiences of the last few years indicate that no national consensus has been reached on the issues. Museums with local collection areas apply various rules and practices in their respective catchment areas, and that introduces additional confusion into an already opaque situation. Within the framework laid out in the legislation, our institution is attempting to develop a model that is capable of turning activities conducted at the fringe of the archaeological profession, partly illegally, into an asset that serves heritage protection. We are quite aware that only a programme built on solid scientific foundations and long-term cooperation can really furnish an alternative to the pillaging of archaeological sites. We can increase social awareness of the value of heritage protection by setting an example, and not through rigid rejection.
Detecting Heritage Crime(s): What We Know about Illicit Metal Detecting in England and Wales
International Journal of Cultural Property, 2019
Metal detecting is a popular hobby in England and Wales, and, since 1997, over 1.3 million finds have been recorded by the Portable Antiquities Scheme (PAS), a scheme to encourage the voluntary recording of artifacts found by the public. The metal detector can be a useful archaeological tool when used lawfully and responsibly; however, it is also a tool that is used for illicit purposes by individuals and groups wishing to obtain artifacts from archaeological sites on which they have no permission to detect. Information on the number and nature of incidents of illicit metal detecting, however, is difficult to collate owing both to the nature of the crime and to the way it is recorded (or not) by law enforcement authorities. In this article, we examine the strengths and limitations of the available official and unofficial sources on illicit metal detecting in England and Wales and explore the potential they have to tell us about current trends in this form of heritage crime. The first unofficial source is a list of incidents reported to Historic England, which contains basic information on 276 incidents recorded between 2010 and 2017. The second source is the result of a survey of the PAS's finds liaison officers regarding the extent to which they assisted law enforcement authorities for the years from 2015 to 2017. Both sources were then contrasted with a freedom of information request that was sent to all 49 police forces in the United Kingdom. Although there are some synergies between the unofficial and official sources, the lack of detail in any one dataset makes them of limited use in demonstrating trends in the macro-and micro-scales of time and place. Accordingly, many of the issues highlighted in this article could be resolved by devising a better system for police record keeping of metal detecting offences.
Hobby Metal detecting as Citizen Science
Heritage & Society, 2023
This paper discusses five digital archeological finds recording schemes from England and Wales, Denmark, Finland, Flanders (Belgium), and the Netherlands; countries and areas where members of the public can search for archeological material, usually by metal-detecting. These schemes are a part of the European Public Finds Recording Network. The authors argue that citizen science approaches to recording discoveries made by the public present important opportunities for enriching both research and possibilities for widening participation with archeological heritage. These schemes work within specific legal and social frameworks, and the paper scrutinizes each scheme in the context of citizen participation. The paper also discusses the challenges concerning sharing open data connected to crowdsourced archeological information, and the limitations and prospects offered by the different national and regional frameworks within which the schemes operate.
European Journal of Archaeology
Hobby metal detecting is a controversial subject. Legal and policy approaches differ widely across national and regional contexts, and the attitudes of archaeologists and heritage professionals towards detectorists are often polarized and based on ethical or emotive arguments. We, the European Public Finds Recording Network (EPFRN), have implemented collaborative approaches towards detectorist communities in our respective contexts (Denmark, England and Wales, Finland, Flanders, and the Netherlands). Although our motivations are affected by our national circumstances, we base our work on an agreed set of goals, practices, and visions. This article presents the EPFRN's vision statement and provides insight into its underlying thoughts. We hope to create a debate on how to develop best practice approaches that acknowledge the inherent challenges of hobby metal detecting while realizing its potential.
This paper will consider the positive contribution from hobbyist metal detecting from both the perspective of the archaeological and metal detecting community. Are we currently opting for a path of least resistance with a 'better than nothing' approach to encourage reporting and to maintain good working relationships, even if it risks the loss of valuable archaeological information? Using selected case studies, as well as the results of a recent research project, this paper will draw on the perspective of both archaeologists and hobbyist metal detectorists to further understand what it is to have a responsible and constructive nonprofessional interaction with the archaeological record.
Lost in Translation: Discussing the Positive Contribution of Hobbyist Metal Detecting
Open Archaeology, 2016
This paper will consider the positive contribution from hobbyist metal detecting from both the perspective of the archaeological and metal detecting community. Are we currently opting for a path of least resistance with a ‘better than nothing’ approach to encourage reporting and to maintain good working relationships, even if it risks the loss of valuable archaeological information? Using selected case studies, as well as the results of a recent research project, this paper will draw on the perspective of both archaeologists and hobbyist metal detectorists to further understand what it is to have a responsible and constructive nonprofessional interaction with the archaeological record.
A Detectorist's Utopia? Archaeology and Metal-Detecting in England and Wales
Archaeologists in England and Wales have a long tradition of liaising with metal-detectorists, particularly following the reform of Treasure law and advent of the Portable Antiquities Scheme-a project to record archaeological finds discovered by the public. Although this process of dialogue has been seen by most as productive and mutually beneficial, there still remain issues that divide archaeologists and detectorists. This paper will highlight some of these with a view to possible solutions.
What have metal-detectorists ever done for us? Discovering Bronze Age gold in England and Wales
This paper discusses the impact of metal-detecting and legal frameworks on the reporting of Bronze Age gold discoveries in England and Wales between 1740 and 2010. The 13-year period after the introduction of the Treasure Act (1996) saw a major increase in the reporting of gold finds in England and Wales: one third of all known Bronze Age gold sites and objects were discovered in this short time. Almost all of these findings were made by members of the public: chiefly metal-detectorists. Professional archaeologists have discovered less than 5% of Bronze Age gold sites or objects, despite the rapid expansion of developer-funded archaeology in England and Wales during the same period. We believe the legal obligations imposed on metal-detectorists by the Treasure Act (1996) are pragmatic solution to the differing goals of metal-detectorists and archaeologists, while also generating valuable archaeological materials and information that would otherwise be lost. It has also led to a far higher proportion of find-spots being investigated by archaeologists than in the years before the implementation of the Treasure Act (1996). The immense research implications are only gradually being explored.
Heritage for Sale! The Role of Museums in Promoting Metal Detecting and Looting in Romania
Heritage 2018, 1(2), 2018
The phenomenon of metal detecting in Romania is growing rapidly, with more and more cases being registered every year. In a context where there is less money for archaeological research, museums are relying more and more on discoveries made by metal detectorists in order to enrich their collections. This situation encourages the practice, and in time could have damaging effects on the archaeological heritage of Romania. Metal detecting represents an activity that has raised lots of debate, but the authorities have not yet taken action. Thus, this study is necessary: in order to find a middle ground between metal detectorists, archaeology, and the institutions responsible for the protection of heritage. Such a middle ground could be a bridge that leads to the better preservation of archaeological heritage in Romania. This study focuses on creating a policy to protect the archaeological sites of Romania, creating awareness among local communities as well as a policy that could be applicable elsewhere in other places that are also involved in this sort of activity.