Freedom of Artistic Expression
eBook - PDF

Freedom of Artistic Expression

Essays on Culture and Legal Censure

  1. 260 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Freedom of Artistic Expression

Essays on Culture and Legal Censure

About this book

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.

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Yes, you can access Freedom of Artistic Expression by Paul Kearns in PDF and/or ePUB format, as well as other popular books in Derecho & Derechos civiles en la legislación. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2013
Print ISBN
9781841130804
eBook ISBN
9781782251699
Edition
1
Topic
Derecho
Subtopic
Derechos civiles en la legislación

Table of contents

  1. Preliminary pages
  2. Preface
  3. Contents
  4. Introduction
  5. Part I: A Contemporary Overview
  6. 1. A Critical and Historical Study of English Legal Restraints on Artistic Liberty*
  7. I. Introduction
  8. II. Censorship, Pornography and Art
  9. III. The Evolution of Freedom of Artistic Expression in England
  10. IV. Contemporary Crimes and Case Law
  11. V. Four Major Case Paradigms: The Judicialisation of Art in English Public-Moral Law
  12. VI. European Legal Influences: A Brief Summary
  13. VII. Conclusions and Reform
  14. Part II: Art, Obscenity, Religion and the Law: Writings at the Turn of the Century
  15. 2. When Art is Misunderstood: Obscene and Blasphemous Libel in 2000
  16. I. Introduction
  17. II. Backcloth
  18. III. The Offences
  19. IV. The Rushdie Problematic
  20. V. The Foetus Earrings
  21. VI. The 'Sensation' Exhibition
  22. VII. Conclusions
  23. 3. The Uncultured God: The Triumph of Blasphemy Law over Art (2000)
  24. I. Introduction
  25. II. The Domestic Context
  26. III. The Satanic Verses
  27. IV. The European Doctrine
  28. V. Wingrove Facts and the Commission Report
  29. VI. Overview
  30. VII. Reform
  31. 4. Postmodern Art: A Reflection on Western Legal Paradigms in 2000
  32. I. Introduction
  33. II. Postmodernism
  34. III. Obscenity
  35. IV. Lady Chatterley and DH Lawrence
  36. V. The Foetus Earrings and Gibson and Sylveire
  37. VI. The Satanic Verses and Salman Rushdie
  38. VII. St Teresa of Avila and Nigel Wingrove
  39. VIII. The 'Sensation' Exhibition
  40. IX. 'The Perect Moment' and Robert Mapplethorpe
  41. X. Conclusion
  42. 5. Obscenity Law and the Creative Writer: The Case of DH Lawrence
  43. I. Introduction
  44. II. International Involvements
  45. III. The English Situation and its Wider Repercussions
  46. Part III: Later Developments and Writing on Art, Obscenity, Religion and the Law
  47. 6. The Decline of Obscenity Law: A 2007 Perspective
  48. I. Introduction
  49. II. Basic Anomalies
  50. III. Exoneration
  51. IV. Conclusions: Desuetude and Abrogation
  52. 7. The End of Blasphemy Law: A 2008 Perspective
  53. I. Introduction
  54. II. Brief Analysis of Blasphemy Law in the UK
  55. III. UK Blasphemy Law in an International Context
  56. IV. Some Concluding Observations
  57. 8. Incitement to Religious Hatred and its Effects on Free Speech
  58. I. Historical Analysis
  59. II. A Short 2013 Postscript to the 2006 Act
  60. Part IV: Highly Topical Legal Issues on the Regulation of Artistic Freedom
  61. 9. The Contemporary Rights of Artists in England, France and the USA (2013)
  62. I. Introduction
  63. II. The Human Rights of Artists
  64. III. The Intellectual Property Rights of Artists
  65. IV. Some Generak Conclusions
  66. 10. Artistic Liberty and the European Court of Human Rights
  67. I. Introduction
  68. II. The Complexity of the Central Issues: Art, Obscenity, Pornography and Harm
  69. III. The Strasbourg Court on Art and Immorality: Article 10 ECHR
  70. IV. The Strasbourg Court on Political Art and Sedition: Article 10 ECHR
  71. V. American Protection of Artistic Freedom under the First Amendment: A Comparison with the Strasbourg Approach
  72. VI. General Conclusions
  73. 11. Controversial Art and the Legal Enforcement of Morality in England
  74. I. Introduction
  75. II. Constitutional Considerations and the Nature of Art and Law
  76. III. Relationship between Obscenity and Related Laws and Art
  77. IV. Blasphemy and Art
  78. V. Freedom of Artistic Expression under the Human Rights Act 1998
  79. VI. Freedom of Artistic Expression under the European Convention on Human Rights
  80. VII. A Concise Comparison between the Strasbourg Approach and other Systems of Artistic Freedom Protection
  81. VIII. Extreme Pornography and Art
  82. IX. Concluding Reform Proposals and Remarks
  83. Part V: European Union Law and Culture
  84. 12. The Culture Problematic in European Union Law: A 2002 Perspective
  85. 13. EU Law and Culture: An Holistic Overview (2004)
  86. I. Introduction
  87. II. General Perspectives on Culture and EU Law
  88. III. Autopoiesis, Culture and EU Law
  89. IV. Culture and EU Case Law
  90. V. Culture-related Paradigms in EU Law
  91. VI. Conclusions
  92. Envoi
  93. Index
  94. Kearns_Press_ALL.pdf