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The Legal Concept of Art

Autor Paul Kearns
en Limba Engleză Hardback – 31 aug 1998
In this analysis of the regulation of art by law, Dr. Kearns has produced an innovative treatise with both practical and jurisprudential implications. He 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 specialised problems law faces, not least given the lack of a universally acceptable definition of art. Based primarily on English law, the text achieves an added richness by a comparative dimension including French, American and European Union Law. In this way a unitary idea of how law tackles its operation on art is achieved. This is the first monograph on the holistic treatment of art law in the United Kingdom.
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Specificații

ISBN-13: 9781901362503
ISBN-10: 1901362507
Pagini: 304
Dimensiuni: 156 x 234 x 24 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Dr. Kearns has produced an innovative treatise on the legal regulation of art with both practical and jurisprudential implications. He studies English areas such as customs, libel and copywright, and draws on French, US and European Union Law.

Notă biografică

Paul Kearns is a Lecturer in Law at Manchester University.

Cuprins

1. The Legal Regulation of Art2. The Judicial Approach to Art3. Artistic as a Category and Criterion4. The Concept of Art in Defamation Law5. The Public Funding of Art6. The Concept of Art in the Anglo-American Law of Trusts7. The Conceptualisation of Art in its International Movement8. Art and the Customs Law of the European Union and America9. A Short Miscellany10. Some General Conclusions

Recenzii

The book under review is a first. It addresses the relationship between the law of three jurisdictions (England, France and the USA) and art (including literature) and inaugurates a doctrinal and theoretical field which has been neglected in English Scholarship... Its main achievement lies in bringing together disparate areas of law dealing with art, and in suggesting that the concept of art should acquire juristic value and lead to doctrinal modifications in civil and criminal law... Offering a cogent argument for turning art into such a concept, which would cut across substantive classifications and procedural distinctions, is an important contribution to scholarship and policy.

Descriere

This book examines the treatment of art within the legal subjects of obscenity, copyright, libel, customs, public art funds, charitable trusts and movement of national treasures. The text includes comparisons with French, American and EU Law.