Margo Dupre, M.Ed. Creator of Lesson: Teaching Character in the Art Curriculum

Is possession of goods

really 9/10ths of the law?

Teacher Note Page

Teacher Note: The main focus of this lesson is: Getting students to understand that mere possession does not allow you to keep property.

Controversial Issue: A stolen art master piece: Renoir resurfaces after 61 years

Character Values to be taught : Respect for Ownership of Property, honesty and integrity

Character Value Curriculum: Art History

Student Ethical Reflection: Doing the right thing by returning something that you know is not yours even if you have possession of it.

Explain the statement below to your students:

The saying “possession is nine points of the law” is an old common law precept that means one who has physical control or possession over the property is clearly at an advantage or is in a better possession than a person who has no possession over the property.

Teacher Reference Note Page

USA Legal.com provides the following understanding: “Possession means holding property in one’s power or the exercise of dominion over property. By having possession one exercises control over something to the exclusion of all others.

The saying “possession is nine points of the law” is an old common law precept that means one who has physical control or possession over the property is clearly at an advantage or is in a better possession than a person who has no possession over the property.

Even if a person is the rightful owner of the property but has no possession over it, the person who is in possession will be in a better position should the property ever be subject to challenge. This is especially true with adverse possession. However mere possession alone does not grant the possessor rights in the property superior to those of the actual owner. This adage “possession is nine tenths of the law” is not a law but a logical rule of force that has been recognized across ages.

In re Garza, 984 S.W.2d 344, 347 (Tex. App. 1998), Texas court has held that “Despite the old saying that "possession is 9/10ths of the law," mere possession and whatever right to the property that comes with mere possession does not grant the possessor rights in the property superior to those of the actual owner. J. CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY 12-13 (1962); R. BOYER, SURVEY OF THE LAW OF PROPERTY 679-80 (1981). In other words, there is a hierarchy of ownership, as reflected both in the common law and §1.07(35)(a) of the Penal Code. One in possession of chattel has a greater right to it than one who lacks both possession and title. Yet, one who has title maintains a greater right over the chattel than 1) one who simply has possession and 2) one who has neither possession nor claim of ownership. Id. Indeed, it can be said that the title owner has the greatest rights to the property. With that greatest right comes the power to negate the authority of those with lesser right. Similarly, those who stand in the lesser position lack the power to override or negate the rights of the title owner.”

Teacher Note PageStructured Academic Controversy

This material can be read aloud to assure that all information is introduced by teacher led or student reader participants. Individual copies can be distributed for read along.

While reading together, show Image # 1Pierre Auguste-Renoir “On the Shore of the Seine” art work. Image has been enlarged on another slide for student viewing.Tell the students this is evidence for them to view.

Continue reading aloud with students.

As you read together the news of the police report, show Image # 2 to the students.Image has been enlarged on another slide for student viewing. Tell the students this is evidence for them to view.

Continue reading aloud. You may or may not tell the students the result of the legal judgment until after they have decided or prior to their decision.

To encourage students collaboration, after read aloud, leave one copy for small groups to use as a working copy.

Socratic questions will guide the students through the controversial discussion and allow them to draw their own conclusion regarding the outcome of the case.

Pierre Auguste-Renoir “On the Shore of the Seine”

IMAGE # 1

Baltimore Police Report

IMAGE # 2

Image retrieved May 6, 2014 from: http://en.wikipedia.org/wiki/On_the_Shore_of_the_Seine. Pierre-Auguste Renoir's 'Paysage Bords de Seine', The Potomack Company auction gallery in Alexandria, VA.jpg

Stolen in 1951 from the Baltimore Museum of Art and resurfaced in 2012.

IMAGE # 1

Ethical Discussion Reading Material

Trace the journey of the Pierre-Auguste Renoir masterpiece mystery “On the Shore of Seine” disappearance and resurface 61 years later

It's been a long journey home for one small painting. After disappearing in the night over 60 years ago, the whereabouts of a Pierre-Auguste Renoir painting has been a mystery for the Baltimore Museum of Art.

The napkin-sized painting, entitled On the Shore of the Seine, has recently made headlines again after surfacing at a flea market, where a Virginia woman claims she bought it for $7. The Baltimore Museum of Art claims the painting was stolen in 1951 and opened a court case to win it back.

As evidence, the museum provided a 60-year-old police report, old museum catalogues and a receipt showing that a patron bequeathed the painting to the museum.

In her own court filings, Martha Fuqua contested the museum's claim, saying she purchased the painting at a flea market in 2009. The legal dispute began last September when the painting was expected to command at least $75,000 in a scheduled auction at the Alexandria, Va.-based Potomack Company auction house.

Teacher Guided Socratic Questions

Why did Martha claim she bought the painting for $7.00 at a flea market?

Why did Martha take the painting to an auction house?

Why did a legal dispute begin once the painting was expected to sell for $75,000 dollars?

Would a legal dispute happened if the painting was expected to only get $200.00 dollars?

Photo Retrieved May 6, 2014 from https://images.search.yahoo.com/search/images;_ylt=A0SO80q1bWlTmSgA5bpXNyoA;_ylu=X3oDMTB0YnFsaDgwBHNlYwNzYwRjb2xvA2dxMQR2dGlkA1ZJUDIyNl8x?_adv_prop=image&fr=yfp-t-300-s&va=on+the+shore+of+the+seine

IMAGE # 2

The 1951 police report filed by the Baltimore Museum of Art

Just before the auction, a reporter for The Washington Post uncovered documents from the Baltimore Museum of Art showing that the painting was stolen from the museum in 1951.

The auction was canceled as a result and the FBI seized the painting and opened an investigation into the theft.

Fuqua's brother and former family friends have told The Washington Post the painting had been at Fuqua's mother's home prior to when she claims to have purchased it at a West Virginia flea market.

When Fuqua's find was announced, media coverage said the records showed the painting was last purchased by an international lawyer in Paris in 1926.

The documents discovered by the Washington Post reporter indicated that the painting belonged to Saidie May, a well-known art collector and major benefactor to the (BMA) Baltimore Museum of Art .

The artwork was reported stolen on Nov. 17, 1951, according to the documents, shortly after May's death.

Teacher Guided Socratic Questions

Why did a reporter investigate the painting?

Why was the auction cancelled?

Why did Martha’s brother tell the reporter that the painting was in his mother’s home before the time that Martha says she bought it?

Why do you think the painting was in Martha’s mother’s house?

Would it had made a difference if Martha had said the painting was in her mother’s house instead of saying she bought it at a flea market?

What moral issues are involved with Martha’s story?

The painting does not appear on a worldwide registry of stolen art, however, and the painting had not yet been formally accepted into the museum's collection before it was taken, which is why museum officials did not recognize the loss.

Now, after a judge in the U.S. Eastern District Court in Alexandria ruled that the painting be returned, the Renoir is officially back on display at the Baltimore Museum of Art, more than 62 years after it was stolen from the building. "It's a moment we've been looking forward to," BMA Director Doreen Bolger told The Washington Post.

Renoir was a leading painter of the Impressionist period. Over his career he created thousands of paintings, a few of which have fetched tens of millions of dollars at auction in recent years. He died in 1919 at the age of 78.

Teacher Guided Socratic Questions

Would the painting been found sooner if the museum had posted it into their collection before it was taken?

How could officials not know it was loss, if someone made a police report?

Why do you think the painting was taken from the museum?

Who do you think could have taken the painting?

Why did the judge rule to give the painting to the museum?

Would the Judge have given Martha the painting if it were not very valuable?

Which is more important to the Judge: the value of the painting or that the painting did not belong to Martha?

Which was more important to Martha: the value of the painting or that she wanted to keep it because it belonged to her mother?

Which was more important to Martha’s brother: that the painting belonged to his mother or that Martha had it?

Rules for Controversial Discussion

I am critical of the ideas, not my classmates

I will focus on making good decisions, not on winning

I want to let everyone participate and allow them to learn about the subject

We will listen to each other’s ideas, even if they are different from our own

In order to make sure I understand, I will restate if it is not clear to me

I will try to understand both sides of this issue

It is okay to change my mind, if the evidence proves I should do so

Lickona (1992) from Johnsons p 284

Teacher Note: Preparing students

The one who has physical control or possession over the property is clearly at an advantage or is in a better possession than a person who has no possession over the property.

Possession alone does not grant the possessor rights in the property superior to those of the actual owner.

Advocacy Group Position 1

Advocacy GroupPosition 2

Student Small Group Positions

Teacher Note: Tell students that each group will need to learn their positions so well that they should believe that they can convince the other group to change their minds. Each group will be encouraged to present their positions in respectful advocating and rebuttal practices.

Advocate stage 1: Groups purpose is to try to reach best decision about the common logical rule of force: possession is nine tenths of the law.

Advocate stage 2: Groups switch positions and argue for the position it originally opposed.

Final Stage: Whole group consensus – members review all data i.e. best info and reasoning from both arguments and come to a consensus solution. Write and submit a report with their findings.

Citations and References

ABC News. (Fri, Mar 28, 2014 11:49 AM EDT). Stolen Renoir Returned to Baltimore Museum 60 Years Later [ Web log post]. Retrieved from ABCnews blog on Saturday, April 26, 2014 http://gma.yahoo.com/blogs/abc-blogs/stolen-renoir-returned-baltimore-museum-60-years-later-154920494--abc-news-topstories.html

Lickona, T. (1991). Educating For Character. New York, NYBantram Books

[Photo of Baltimore Museum of Art police report for stolen Renoir]. Retrieved May 6, 2014 from https://images.search.yahoo.com/search/images;_ylt=A0SO80q1bWlTmSgA5bpXNyoA;_ylu=X3oDMTB0YnFsaDgwBHNlYwNzYwRjb2xvA2dxMQR2dGlkA1ZJUDIyNl8x?_adv_prop=image&fr=yfp-t-300-s&va=on+the+shore+of+the+seine

[Photograph of Renoir Art image] Retrieved May 6, 2014 from: http://en.wikipedia.org/wiki/On_the_Shore_of_the_Seine. Pierre-Auguste Renoir's 'Paysage Bords de Seine', The Potomack Company auction gallery in Alexandria, VA.jpg

USA Legal.com http://definitions.uslegal.com/Legal Definitions & Legal Terms Defined. Retrieved May 6, 2014 from Possession is Nine Points of the Law & Legal Definitionhttp://definitions.uslegal.com/p/possession-is-nine-points-of-the-law/

Final Project Summary

The core personal values that make me who I am are: honest, dependable, committed, loyal, supportive, willing to work,

responsible, a person of integrity and respectful of authority. The moral awareness that I bring into the classroom is that I am always

aware of the trust that both the administration and parents place in my hands while with their children. I always reflect on what I would

want a teacher to do for my child in every instance. In other words, while I am caring for someone’s child, there is someone caring for

mine. I believe that this is recognized by my students and it allows them to seek my advice about various issues that they are bothered by

and contemplating being involved with in and outside of school. In my mind, I think as if there is an exchange going on among teachers. I

have theirs for so many hours and they have mine. So we are dependent upon one another to do our best in guiding, teaching and caring.

As a future educational leader, I will continue to do my best to be always aware of the moral image expected of me and

fulfill self-expectation of being an educational leader worthy of following by students and trainees, share my academic knowledge,

provide emotional support and respect for the personal challenges that surface for students during the learning process and be open to

learning from others at all stages of life. An educational leader is always a learner which enriches his/her ability to continue to improve

personal leadership skills.

My personal challenge is to redesign all of my art historical lessons and artist featured lessons so that they each are

purposefully created with the focus being on character values awareness for my students. In the area of moral leadership, I would like to

explore opportunities to mentor through teaching, training and encouraging the development of moral awareness among young pre-

professional and professional adults in the academic world, volunteer service and workplace supporting areas of self-discipline, keeping

commitments, willingness to work, delayed gratification and perseverance .