Publication Details

M. Leiboff, 'Clashing things' (2001) 10 (2) Griffith Law Review 294-316.


Law has an ambivalent relationship with artistic and cultural material, for the artistic is malleable and unstable. Law assumes and prefers the stable and reliable, and the closed, and distrusts the vagaries that typify the artistic. Law likes to keep its distance from the artistic, though it is happy to be its judge, and to have its own views on art. It then firmly intrudes into the artistic, especially where rogue aspects of art and culture operate. While law is unable to trust its judgment about the artistic and cultural, it will still make art experts and institution subject to the overriding truth of the law.