Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index.
Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law—a primary institution subject to intense moral and political scrutiny—was a widely recognized source of authority to audiences inside the art world and out. Artists frequently engaged with the law in ways that signaled a recuperation of the integrity that they believed had been compromised by the very institutions entrusted with establishing standards of just conduct. These artists sought to convey the social purpose of an artwork without overstating its political impact and without losing sight of how aesthetic decisions compel audiences to see their everyday world differently. Addressing the role that law plays in enabling artworks to function as social and political forces, this important book fills a gap in the field of law and the humanities, and will serve as a practical “how-to” for contemporary artists.
Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Throughout history, art has been used to legitimise the act of judging, but artists have also satirised the law and the lawyers; architects and artisans have engaged in juridical and judicial projects and, in some criminal cases, convicts have even been sentenced to produce works of art. The book illustrates and contextualises the various interactions between law and justice on the one hand, and their artistic representations in paintings, statues, drawings, tapestries, prints and books on the other.
In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. New to this Edition: • Thoroughly revised guidance on new anti-money laundering requirements • Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic • New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions
Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach, with accompanying images to illustrate the artworks discussed in the legal materials. The fourth edition continues the tradition of the earlier editions in focusing on the meaning of the art works and cultural objects that are at the heart of an increasing number of legal disputes. This book addresses artists' rights (freedom of expression, copyright, and moral rights), the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and cultural heritage (including the fate of art works and cultural objects in time of war; the international trade in art works and cultural objects; the historic, archaeological, and underwater heritage of the United States; and indigenous cultures, focusing on restitution of Native American cultural objects and human remains and the appropriation of indigenous culture). The inclusion of images of many of the art works and cultural objects at issue helps students to understand why these disputes occur and why the litigants feel so strongly about the outcomes. The fourth edition retains the basic structure of the earlier editions while updating all relevant case law, legislation, and policies. It includes cutting-edge legal developments, such as Cariou v. Prince, the Berkshire Museum deaccessioning decision, Trustees of the Corcoran Gallery v. District of Columbia, the Knoedler Gallery cases, Foreign Sovereign Immunities Act cases (Williams v. National Gallery of Art, Philipp v. Federal Republic of Germany, Rubin v. Iran, and DeCsepel v. Hungary), Konowaloff v. Metropolitan Museum of Art, Okinawa Dugong v. Mattis, Navajo Nation v. Dep't of Interior, and Navajo Nation v. Urban Outfitters. Treatment of new legislation includes the Holocaust Era Art Recovery Act, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, and the Protect and Preserve International Cultural Property Act. A new section examines the intersection of human rights and cultural heritage, while expanded sections address the use of civil forfeiture in art recovery cases, museum policies on acquisition of antiquities and the use of proceeds realized from the sale of art works from museum collections, and comparative analysis of market country implementation of the 1970 UNESCO Convention.
Teeming with new information and analysis and many new sample documents, the three-volume Third Edition of ART LAW is the one resource you must consult to help ensure you formalize rock-solid agreements, maximize tax savings, and minimize legal liabilities.
