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Can a work of art be destroyed?

The artist’s will, the right of the owner and the common good

Author(s): Magdalena Łągiewska
Subject(s): Law, Constitution, Jurisprudence, Cultural history, History of Art
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: works of art; liberalism; communitarianism; hard case
Summary/Abstract: Works of art inspire admiration and encourage reflection. However, the question arises whether a work of art can also be destroyed. The aim of this article is to analyze two famous case studies – the destruction of Banksy’s painting (The Girl with Balloon) at the Sotheby’s auction in London and the painting Portrait of Doctor Gachet by van Gogh, which – according to the intention of the Japanese millionaire – was to be burned together with his corpse. Both cases refer to an age-old problem – where is the boundary between the artist’s will and the right of the owner, and the common good. This problem is part of the debate between liberalism and communitarianism, and it is at the same time an exemplification of a hard case in law.

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