Human remains are a fundamental part of the archaeological record, offering unique insights into the lives of individuals and populations in the past. Like many archaeological materials, human remains require distinctive and specialized methods of recovery, analysis, and interpretation, while technological innovations and the accumulation of expertise have enabled archaeologists to extract ever greater amounts of information from assemblages of skeletal material. Alongside analyses of new finds, these advances have consistently thrown new light on existing collections of human remains in museums, universities and other institutions. Given the powerful emotional, social and religious meanings attached to the dead body, it is perhaps unsurprising that human remains pose a distinctive set of ethical questions for archaeologists.

With the rise of indigenous rights movements and the emergence of post-colonial nations, the acquisition and ownership of human remains became a divisive and politically loaded issue. It became increasingly clear that many human remains in museum collections around the world represented the traces of colonial exploitation and discredited pseudo-scientific theories of race. In the light of these debates and changing attitudes, some human remains were returned or repatriated to their communities of origin, a process which continues to this day. Recently a new set of challenges to the study of human remains has emerged from a rather unexpected direction: the British government revised its interpretation of nineteenth-century burial legislation in a way that would drastically curtail the ability of archaeologists to study human remains of any age excavated in England and Wales. This paper examines these extraordinary events and the legal, political and ethical questions that they raise.