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How does political policy-making shape the creative activities of artists? Do the political interests of artists influence actual political practices in any way? Legislating Creativity examines the relationship between art and politics through an analysis of controversial art projects tied to the National Endowment for the Arts during the Culture Wars (late 1980s-1990s). Though there have always been tensions in government funding for the arts, these controversies intensified the public debates surrounding art/politics and remain as a focal point in conversations that continue today. The book focuses on three case studies: Mapplethorpe's controversial photography, an exhibit on the impact of AIDS entitled Witnesses, and the Guerrilla Girls. Dustin Kidd has provided a thoroughly enriching look at the intersections of art and politics—the ways that political practices transform creative expression and the ways that artistic drives shape political policies.
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
How does political policy-making shape the creative activities of artists? Do the political interests of artists influence actual political practices in any way? Legislating Creativity examines the relationship between art and politics through an analysis of controversial art projects tied to the National Endowment for the Arts during the Culture Wars (late 1980s-1990s). Though there have always been tensions in government funding for the arts, these controversies intensified the public debates surrounding art/politics and remain as a focal point in conversations that continue today. The book focuses on three case studies: Mapplethorpe's controversial photography, an exhibit on the impact of AIDS entitled Witnesses, and the Guerrilla Girls. Dustin Kidd has provided a thoroughly enriching look at the intersections of art and politics—the ways that political practices transform creative expression and the ways that artistic drives shape political policies.
In addition to being a medical, political, and social crisis, the AIDS epidemic in the United States also led to a crisis of artistic representation. This book reveals the important political and moral role of American photographers in the social discourse on AIDS based on the 1989 New York exhibition, “Witnesses: Against Our Vanishing” curated by photographer Nan Goldin.
International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.
Contemporary society has seen an unprecedented rise in both the demand and the desire to be creative, to bring something new into the world. Once the reserve of artistic subcultures, creativity has now become a universal model for culture and an imperative in many parts of society. In this new book, cultural sociologist Andreas Reckwitz investigates how the ideal of creativity has grown into a major social force, from the art of the avant-garde and postmodernism to the ‘creative industries’ and the innovation economy, the psychology of creativity and self-growth, the media representation of creative stars, and the urban design of ‘creative cities’. Where creativity is often assumed to be a force for good, Reckwitz looks critically at how this imperative has developed from the 1970s to the present day. Though we may well perceive creativity as the realization of some natural and innate potential within us, it has rather to be understood within the structures of a very specific culture of the new in late modern society. The Invention of Creativity is a bold and refreshing counter to conventional wisdom that shows how our age is defined by radical and restrictive processes of social aestheticization. It will be of great interest to those working in a variety of disciplines, from cultural and social theory to art history and aesthetics.
Publisher Description
In and Out of View models an expansion in how censorship is discursively framed. Contributors from diverse backgrounds, including artists, art historians, museum specialists, and students, address controversial instances of art production and reception from the mid-20th century to the present in the Americas, Africa, Asia, Europe, and the Middle East. Their essays, interviews, and statements invite consideration of the shifting contexts, values, and needs through which artwork moves in and out of view. At issue are governmental restrictions and discursive effects, including erasure and distortion resulting from institutional policies, canonical processes, and interpretive methods. Crucial considerations concerning death/violence, authoritarianism, (neo)colonialism, global capitalism, labor, immigration, race, religion, sexuality, activism/social justice, disability, campus speech, and cultural destruction are highlighted. The anthology-a thought-provoking resource for students and scholars in art history, museum and cultural studies, and creative practices-represents a timely and significant contribution to the literature on censorship.
This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.