Suchergebnisse

The relation of law and art is conventionally understood through a disciplinary divide that presents art as an instrument of legal practice and scholarship or, alternatively, presents law as potential context for artistic engagement. Moving beyond disciplinary definitions, in this article we explore how art and law, as modes of ordering and action in the world, often overlap in their respective desires to engage existing material orders. Whereas law's claim of producing order appears self-evident, we try to highlight, through a concept of legislative arts, the often-overlooked similar function of artistic practices. At the heart of what we refer to as legislative arts are practices that aim to challenge law's claim of authority in ordering social life through tactical combinations of elements of art and law. In examining a set of examples that include the Tamms Year Ten campaign to close a super-max prison in the United States, the work of Forensic Architecture and practices of passport forgery, we aim to highlight the possibility of manifesting social orders beyond an exclusive reliance upon state laws. Pointing to the potentials of such legislative arts practices, this article suggests that the material ordering quality of artistic and legal practices can, and perhaps should, be weaponized for challenging and remaking the world of unjust state laws.

The relation of law and art is conventionally understood through a disciplinary divide that presents art as an instrument of legal practice and scholarship or, alternatively, presents law as potential context for artistic engagement. Moving beyond disciplinary definitions, in this article we explore how art and law, as modes of ordering and action in the world, often overlap in their respective desires to engage existing material orders. Whereas laws claim of producing order appears self-evident, we try to highlight, through a concept of legislative arts, the often-overlooked similar function of artistic practices. At the heart of what we refer to as legislative arts are practices that aim to challenge laws claim of authority in ordering social life through tactical combinations of elements of art and law. In examining a set of examples that include the Tamms Year Ten campaign to close a super-max prison in the United States, the work of Forensic Architecture and practices of passport forgery, we aim to highlight the possibility of manifesting social orders beyond an exclusive reliance upon state laws. Pointing to the potentials of such legislative arts practices, this article suggests that the material ordering quality of artistic and legal practices can, and perhaps should, be weaponized for challenging and remaking the world of unjust state laws.

Enter : from landscape to lawscape -- Rhizomatic jurisprudence : terra firma and terra incognita -- Artwork : from object to hyperobject -- Case studies: the contested spaces -- Commons : being(s)-in-common -- Intellectual property law : commons and schizophrenic capitalism -- Ownership : possessed -- Exit : atmosphere

What is the relationship between street art and the law? In 'A Philosophy Guide to Street Art and the Law', Andrea Baldini argues that street art has a constitutive relationship with the law. A crucial aspect of the identity of this urban art kind depends on its capacity to turn upside down dominant uses of public spaces. Street artists subvert those laws and social norms that regulate the city. Baldini shows that street art has not only transformed public spaces and their functions into artistic material, but has also turned its rebellious attitude toward the law into a creative resource. He aims at elucidating and arguing for this claim, while drawing important implications at the level of street art's metaphysics, value, and relationship with rights of intellectual property, in particular copyright and moral rights. At the other end of the spectrum of contractual art, street art is outlaw art

The art market is rapidly developing along the ways of globalisation, digitalisation, and democratisation. Yet, it has several characteristics that favour market manipulation, such as lack of transparency and conflicts of interest. Despite substantial advancements, it is acknowledged that sector regulation does not address such limitations properly. In the light of US, EU, and national case-law, this article assesses the role that competition law could play in the art sector, also in conjunction with civil liability. It is found that competition law enforcement in the art market has been scarce so far. It provided for effective reaction tools against few, significant market manipulation strategies carried out by key auction houses. On those occasions, competition authorities and undertakings set shared, basic rules of conduct through commitments. Such cases also seem to have inspired recent self- and heteroregulatory initiatives. All in all, competition law seems to play the residual role of a sentinel in the secondary art market. In contrast, whether or not competition law will be enforced in the authentication service sector mainly depends on how private enforcement will develop in the EU and the US.