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Vol 21 No 11 Nov/Dec 2016

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The Legal Concept of Art

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Paul KearnsLecturer in Law, University of Leicester

ISBN13: 9781901362503
ISBN: 1901362507
Published: September 1998
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £68.00



Low stock.

This analysis of the regulation of art by law has both practical and jurisprudential implications. It examines the treatment of art within seven distinct traditional legal subjects, namely obscenity law, copyright law, libel law, the public funding of art, the law of charitable trusts, customs law and the law on the movement of national treasures, identifying in each the specialized problems law faces, not least given the lack of a universally acceptable definition of art. Based primarily on English law, the text also has a comparative dimension including French, American and European Union law.

In this way a unitary idea of how law tackles its operation is achieved. This book should be of use to collectors, curators, art traders and lawyers.

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Subjects:
Art and Cultural Heritage Law
Contents:
The legal regulation of art: introduction
French and general mechanisms of control - the notion of outrage, the old article, the nature of the evil, the difficulty of assessment of the evil, experts, distinctively French legal mechanisms
American public morality doctrines
English doctrines - the Rushdie experience, the foetus earrings case, the facts, the appeal, comment
conclusions. The judicial approach to art: introduction
the case law
conclusions. Artistic as a category and criterion: introduction
how the law awards copyright protection
future development
a further look at quality tests
conclusions. The concept of art in defamation law: introduction
the problems - situation, situation
conclusions. The public funding of art: introduction
public funding policy - England, France, America
conclusion. The concept of art in the Anglo-American law of trusts: introduction
the law of charitable trusts
the law on non-charitable purpose trusts
conclusions. The conceptualisation of art in its international movement: the international movement of art
export and import regulations on art in England, France and America - England, France, America
the movement of art in the European Union
conclusions. Art and the custom law of the European Union and America: introduction
the treatment of art classification
two EU law paradigms - paperweights and photographs
conclusions. A short miscellany: jurisprudence
the law of armed conflict
cultural heritage, cultural property and art
freedom of expression. Some general conclusions. Appendices: postmodernism - a critical guide
a critique of the obscene in art, pornography, law and society
art and defamation - a comparative moral perspective
on the nature of art and law.