Research Handbook on Art and Law
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Research Handbook on Art and Law

Edited by Jani McCutcheon and Fiona McGaughey

Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
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Chapter 24: Art and human rights law

Sarah Joseph

Abstract

This chapter focuses on international case law regarding art and the human right to freedom of expression. The application of that right to art is discussed in relation to the following themes: national security, morality and religious sensibilities, political art, hate hart, and public order restrictions. Finally, the problematic restrictions imposed by non-state actors are explored. It will be concluded that the international law on freedom of artistic expression should be more robust, and should take greater account of the unique and anarchic nature of art.

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