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Full-Text Articles in Law
Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff
Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff
Faculty of Law - Papers (Archive)
How do we read art, at least in law? The traditional approach of the courts has been to disavow, or at least avoid any discussion on matters of aesthetics or connoisseurship, or more accurately assert such a disavowal. Because whether the courts acknowledge it or not, they actively judge art, even when they say they don't. Judging art by judges, as we will see, is not a particularly edifying spectacle, but is it better for the courts to avoid judging art? In this article, I will explore what happens when the courts grapple with the problem of judging art, but …
Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell
Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell
Faculty of Law - Papers (Archive)
This article examines the problem of fraud in the contemporary art market. It addresses two major cases where persons have been convicted of art fraud in recent years in Australia, examining the legal context within which the prosecutions took place. It then examines problems in common terms such as 'forgery' and 'fakery'. The final sections review the different ways that issues of authenticity in art are addressed in possible cases of art fraud, and examines the question of why so little art fraud comes to the attention of the criminal justice system.