April 21, 2008

Volokh on "Abortion Art"

This sounds pretty sensible:

If the reasonable reader would interpret an assertion [such as Shvarts' press release] as being literally made, then the student (or a faculty member or anyone else in the university) has an obligation to make sure that the assertion is indeed true. Perhaps in some other contexts hoaxes might be forgivable—but not in class work, unless there's some strong contextual cue that the hoax is indeed a hoax. So if Shvarts did indeed misdescribe what she did (the accounts I've seen are somewhat contradictory), she should be faulted for that, and at least required to correct the misdescription.

. . . Yet . . . it's important that the university set out pretty clear rules, and not punish students or faculty members in the absence of such rules. This is especially true, I think, for art. As I understand it, avant-garde art and academic art, for better or worse, has in recent decades heavily prized the transgressive and shocking.

Shvarts and her advisors, it seems, gave the university pretty much what academic artists are asked to give. So if the university had a preexisting no-human-blood rule, then it could reasonably enforce it. But if it didn't, then I'm not sure what sort of "appropriate action" (setting aside a good talking-to) could reasonably be taken against faculty members who saw the transgressiveness of Shvarts' project as a plus rather than a minus. In other fields, it might be possible to fault faculty and students for violating unwritten but broadly accepted rules of scholarship. But my sense is that this is hard to assert (again, for better or worse) about modern academic art.

My emphasis; h/t to Insty.

UPDATE: Apparently, Ace believes in do-it-yourself abortions; how funny. He seems, otherwise, quite bright. If those worked, we wouldn't have ended up in a national fight that culminated (or, rather, plateaued) in Roe v. Wade.

Posted by: Attila Girl at 06:28 PM | No Comments | Add Comment
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