Most philosophers of art assume that there are three categories with regard to arthood, namely ‘art’, ‘artful’ and ‘non-art’ and that, therefore, a definition must be able to account for ‘artful items’, also called ‘borderline cases of art’. This article, however, defends the thesis that, since there is no agreement over which items fall under the category ‘artful’, the ability to account for borderline cases of art should not be used as a criterion for evaluating definitions of art. The defended (...) thesis is important, not merely because it reveals that virtually all alleged descriptive definitions of art have strong recommendatory consequences, but also because the thesis has implications for the artefacts that are considered to be borderline cases of art. (shrink)

This article considers the extent to which insights from the philosophy of art can assist copyright law in identifying the author or authors of works to which many have contributed. In doing so, it looks to institutional theories of art, which go beyond a simple bifurcation of ‘author’ and ‘work’, and focus instead on broader determinants of an art work’s production, such as the ‘artworld’. It puts forward a framework focusing on three components of authorship supported by these theories: role, (...) authority and intention. The paper then draws attention to some important challenges that this framework raises for copyright law’s joint authorship doctrine in the UK and USA, and suggests some ways in which copyright law might be reformed, so as to allow copyright to retain its own benchmarks while also bringing conceptions of authorship in law and art closer together. (shrink)

Through an analysis of critical reviews and other commentaries on the annual Turner Prize shortlist exhibitions, I examine a philosophical problem which has put into question the rational basis for evaluation in art criticism: the lack of any agreed criteria for the evaluation of artworks. This problem has been most often addressed within philosophical aesthetics through two contrasting approaches: the attempt to formulate evaluative criteria, and the denial that such criteria are either possible or necessary. My response to this meta-critical (...) issue is an interdisciplinary study, in the form of an analysis of published commentaries on the Turner Prize, that examines theories of critical evaluation against an empirical investigation of actual critical practice. The Turner Prize has a number of advantages as a case study. Extensive media coverage of the competition means that it is possible to study a wide range of sources intended for the art-going public, that contain a large body of examples of comparative critical evaluation, and as an annual event it offers the opportunity for both synchronic and diachronic analyses. Moreover, the regular presence of artists whose work has been characterised as ‘conceptual, ensures that many of the commentaries focus on an area of art that presents a particular challenge to aesthetic theory and critical practice. In order to develop a critique of criteria based approaches, the contrasting approaches to art criticism taken by Noel Carroll and Frank Sibley are explored within an analysis of the critical reasons given to justify evaluations of Turner Prize exhibits. Suggestions are offered for ways of developing alternative approaches, drawing upon theories of the aesthetic developed by Suzanne Langer and Kendall Walton. (shrink)

The topic of the article is George Dickie’s institutional theory of art as one of contemporary art theories which purport to answer the “what is art?” question by defining the concept of art in terms of its necessary and sufficient conditions. Introductory part of the article brings a brief review of so-called functionalist theories, as well as of their shortcomings when compared to theories to which institutional theory belongs. Also included is a short survey of theories and arguments that significantly (...) influenced institutional theory, e.g. Danto’s “theory of meaning”. Next are presented the basics of the institutional theory. It is shown that advantages of this theory over other functionalist theories became especially visible after the appearance of art practices of the 20th century which rendered the difference between artistic and non-artistic objects extremely complex. (shrink)