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Considers the limits to the rights of private owners of great works of art or cultural treasures, such as historic papers, to destroy these works or to deny public access to them
Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.
"This is the first comprehensive examination of modern iconoclasm. Dario Gamboni looks at deliberate attacks carried out - by institutions as well as individuals - on paintings, buildings, sculptures and other works of art in the nineteenth and twentieth centuries. Truly international in scope, "The Destruction of Art" examines incidents, some comic and others disquieting, in the USA, France, the former Soviet Union and other eastern bloc states, Britain, Switzerland, Germany and elsewhere. Motivated in the first instance by the recent destruction of many monuments in Europe's former Communist states, which challenged the assumption that iconoclasm was truly a thing of the past, the author has discovered just how widespread the destruction of art is today, manifested in explicable and inexplicable vandalism, political protest and censorship of all sorts. Dario Gamboni examines the relationship between contemporary destructions of art, older forms of iconoclasm and the development of modern art. His analysis is illustrated by case studies from Europe and the United States, from Suffragette protests in London's National Gallery to the controversy surrounding the removal of Richard Serra's Tilted Arc in New York and the resultant debate on artists' moral rights. "The Destruction of Art" asks what iconoclasm can teach us about the place of works of art and material culture in society. The history of iconoclasm is shown to reflect, and to contribute to, the changing and conflicting definitions of art itself." -- BOOK JACKET.
Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach. It explores the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field. Sax emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Features: Coverage of the December 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by co-author Prof. David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing—carbon taxes—until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Fracking—case and discussion materials on fracking, the major new fossil energy extraction technology that is changing the energy profile and landscape of the U.S. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the contemporary European model of market access chemical regulation. Regulation of Greenhouse Gases under the Clean Air Act and otherwise. The Flint, Michigan toxic lead water pollution disaster, with both civil and criminal repercussions. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or the national public lands level.
In volumes1-8: the final number consists of the Commencement annual.
This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.
"Situated at the intersection of scholarship and practice, Heritage Keywords positions cultural heritage as a transformative tool for social change. This volume unlocks the persuasive power of cultural heritage—as it shapes experiences of change and crafts present and future possibilities from historic conditions—by offering new ways forward for cultivating positive change and social justice in contemporary social debates and struggles. It draws inspiration from deliberative democratic practice, with its focus on rhetoric and redescription, to complement participatory turns in recent heritage work.Through attention to the rhetorical edge of cultural heritage, contributors to this volume offer innovative reworkings of critical heritage categories. Each of the fifteen chapters examines a key term from the field of heritage practice—authenticity, civil society, cultural property, cultural diversity, democratization, difficult heritage, discourse, equity, intangible heritage, memory, natural heritage, place, risk, rights, and sustainability—to showcase the creative potential of cultural heritage as it becomes mobilized within a wide array of social, political, economic, and moral contexts.This highly readable collection will be of interest to students, scholars, and professionals in heritage studies, cultural resource management, public archaeology, historic preservation, and related cultural policy fields."
First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases—across time, place, and circumstance—to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters’ rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as “property,” from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters’ rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners’ families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws consistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.