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Freedom of Artistic Expression

Essays on Culture and Legal Censure

By: Paul Kearns
Media of Freedom of Artistic Expression
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Published: 18-07-2014
Format: EPUB eBook (?)
Edition: 1st
Extent: 260
ISBN: 9781782251705
Imprint: Hart Publishing
RRP: £59.40

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Loren Epson

About Freedom of Artistic Expression

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.

Table Of Contents


Part 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
VI European Legal Influences: A Brief Summary
VII Conclusions and Reform

Part 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
I Introduction
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)
I Introduction
II The Domestic Context
III The Satanic Verses
IV The European Doctrine
V Wingrove Facts and the Commission Report
VI Overview
VII Reform

Essay 4: Postmodern Art: A Reflection on Western Legal Paradigms in 2000
I Introduction
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
I Introduction
II International Involvements
III The English Situation and its Wider Repercussions

Part III: Later Developments and Writing on Art, Obscenity, Religion and the Law

Essay 6: The Decline of Obscenity Law: A 2007 Perspective
I Introduction
II Basic Anomalies
III Exoneration
IV Conclusions: Desuetude and Abrogation

Essay 7: The End of Blasphemy Law: A 2008 Perspective
I Introduction
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
II A Short 2013 Postscript to the 2006 Act

Part 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)
I Introduction
II The Human Rights of Artists
III The Intellectual Property Rights of Artists
IV Some General Conclusions

Essay 10: Artistic Liberty and the European Court of Human Rights
I Introduction
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
I Introduction
II Constitutional Considerations and the Nature of Art and Law
III Relationship between Obscenity and Related Laws and Art
IV Blasphemy and Art
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

Part 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)
I Introduction
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


“While the book has a strong focus on English and international law, it may be of great interest to lawyers who advise people in the arts industry - particularly as it explores a combination of topics that not many books are brave enough to tackle, and enlightens the reader with an eye-opening historical analysis of the subject matter covered. This is a highly recommended read.” –  Sharon Givoni, Intellectual Property Law Bulletin

“This is an original and scholarly work setting art in a postmodern context and looking at various strands of the relationship between law and art. Like his earlier book, every art lawyer should have a copy.” –  Simon Stokes, Entertainment Law Review, Volume 25, Issue 25

“The arduous protection of the artist's rights in our contemporary time is explored through a series of important cases described both from a legal and a philosophical perspective, leading the reader to reflect on the ontological status of art itself…Freedom of Artistic Expression represents a powerful and deep analysis of the art-law dialectic, supported by a multifaceted examination of all the factors, both literal and jurisprudential, that intervene in this conflicting relationship.” –  Anja Meyer, Pólemos, Volume 8. No. 2. 2014

“At a time when freedom of expression has come under fierce attack...this book provides invaluable assistance to all those who are engaged in fighting the good fight...The book instructs us in law, and is a truly pioneering work.” –  A.G. Noorani, Frontline Magazine, January 9 2015

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