Freedom of Artistic Expression Essays on Culture and Legal Censure 1st Edition by Paul Kearns 9781841130804 184113080X

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Product details:

ISBN 10: 184113080X

ISBN 13: 9781841130804

Author: Paul Kearns

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

Part II: Art, Obscenity, Religion and the Law: Writings at the Turn of the Century
2. When Art is Misunderstood: Obscene and Blasphemous Libel in 2000
3. The Uncultured God: The Triumph of Blasphemy Law over Art (2000)
4. Postmodern Art: A Reflection on Western Legal Paradigms in 2000
5. Obscenity Law and the Creative Writer: The Case of DH Lawrence

Part III: Later Developments and Writing on Art, Obscenity, Religion and the Law
6. The Decline of Obscenity Law: A 2007 Perspective
7. The End of Blasphemy Law: A 2008 Perspective
8. Incitement to Religious Hatred and its Effects on Free Speech

Part IV: Highly Topical Legal Issues on the Regulation of Artistic Freedom
9. The Contemporary Rights of Artists in England, France and the USA (2013)
10. Artistic Liberty and the European Court of Human Rights
11. Controversial Art and the Legal Enforcement of Morality in England

Part V: European Union Law and Culture
12. The Culture Problematic in European Union Law: A 2002 Perspective
13. EU Law and Culture: An Holistic Overview (2004)

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Tags: Paul Kearns, Freedom, Artistic, Expression, Essays