Freedom of artistic expression : essays on culture and legal censure / Paul Kearns.

Format:

Book

Author/Creator:

Kearns, Paul, 1962- author.

Language:

English

Subjects (All):

Freedom of expression.

Law and art.

Law and ethics.

Physical Description:

1 online resource (261 p.)

Edition:

1st ed.

Place of Publication:

Oxford, United Kingdom : Hart Publishing, 2013.

Language Note:

English

Summary:

"This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts."-- Provided by publisher.

Contents:

Machine generated contents note: pt. I A Contemporary Overview

Essay 1 A Critical and Historical Study of English Legal Restraints on Artistic Liberty

I.Introduction

II.Censorship, Pornography and Art

III.The Evolution of Freedom of Artistic Expression in England

IV.Contemporary Crimes and Case Law

V.Four Major Case Paradigms: The Judicialisation of Art in English Public-Moral Law

A.Obscenity Case Paradigm

B.Blasphemy Case Paradigms

C.Outraging Public Decency Case Paradigm

VI.European Legal Influences: A Brief Summary

VII.Conclusions and Reform

pt. II Art, Obscenity, Religion and the Law: Writings at the Turn of the Century

Essay 2 When Art is Misunderstood: Obscene and Blasphemous Libel in 2000

II.Backcloth

III.The Offences

IV.The Rushdie Problematic

V.The Foetus Earrings

VI.The 'Sensation' Exhibition

VII.Conclusions

Essay 3 The Uncultured God: The Triumph of Blasphemy Law over Art (2000)

Contents note continued: I.Introduction

II.The Domestic Context

III.The Satanic Verses

IV.The European Doctrine

V.Wingrove Facts and the Commission Report

A.The Court's Judgment

B.Appraisal of the Judgment

VI.Overview

VII.Reform

Essay 4 Postmodern Art: A Reflection on Western Legal Paradigms in 2000

II.Postmodernism

III.Obscenity

IV.Lady Chatterley and DH Lawrence

V.The Foetus Earrings and Gibson and Sylveire

VI.The Satanic Verses and Salman Rushdie

VII.St Teresa of Avila and Nigel Wingrove

VIII.The 'Sensation' Exhibition

IX.'The Perfect Moment' and Robert Mapplethorpe

X.Conclusion

Essay 5 Obscenity Law and the Creative Writer: The Case of DH Lawrence

II.International Involvements

III.The English Situation and its Wider Repercussions

pt. III Later Developments and Writing on Art, Obscenity, Religion and the Law

Essay 6 The Decline of Obscenity Law: A 2007 Perspective

II.Basic Anomalies

A.Obscene Libel and Parallel or Similar Crimes

B.Blasphemous Libel

III.Exoneration

IV.Conclusions: Desuetude and Abrogation

Essay 7 The End of Blasphemy Law: A 2008 Perspective

II.Brief Analysis of Blasphemy Law in the UK

III.UK Blasphemy Law in an International Context

IV.Some Concluding Observations

Essay 8 Incitement to Religious Hatred and its Effects on Free Speech

I.Historical Analysis

A.Charting the History of the Debate

B.Further Considerations

C.Additional Observations

II.A Short 2013 Postscript to the 2006 Act

pt. IV Highly Topical Legal Issues on the Regulation of Artistic Freedom

Essay 9 The Contemporary Rights of Artists in England, France and the USA (2013)

II.The Human Rights of Artists

A.The Legal Positions in England, France and the USA

B.The European Convention on Human Rights

Contents note continued: C.International Human Rights Instruments, Universal and Regional, Excluding the ECHR

III.The Intellectual Property Rights of Artists

A.Copyright Law in England, France and the USA

B.Moral Rights

IV.Some General Conclusions

Essay 10 Artistic Liberty and the European Court of Human Rights

II.The Complexity of the Central Issues: Art, Obscenity, Pornography and Harm

III.The Strasbourg Court on Art and Immorality: Article 10 ECHR

IV.The Strasbourg Court on Political Art and Sedition: Article 10 ECHR

V.American Protection of Artistic Freedom under the First Amendment: A Comparison with the Strasbourg Approach

VI.General Conclusions

Essay 11 Controversial Art and the Legal Enforcement of Morality in England

II.Constitutional Considerations and the Nature of Art and Law

III.Relationship between Obscenity and Related Laws and Art

IV.Blasphemy and Art

Contents note continued: V.Freedom of Artistic Expression under the Human Rights Act 1998

VI.Freedom of Artistic Expression under the European Convention on Human Rights

VII.A Concise Comparison between the Strasbourg Approach and Other Systems of Artistic Freedom Protection

VIII.Extreme Pornography and Art

IX.Concluding Reform Proposals and Remarks

pt. V European Union Law and Culture

Essay 12 The Culture Problematic in European Union Law: A 2002 Perspective

Essay 13 EU Law and Culture: An Holistic Overview (2004)

II.General Perspectives on Culture and EU Law

III.Autopoiesis, Culture and EU Law

IV.Culture and EU Case Law

V.Culture-Related Paradigms in EU Law

VI.Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781474200233

1474200230

9781782251705

1782251707

9781782251699

1782251693

OCLC:

864900403