What is Art? - Southwestern Law School

120 J. INT’L MEDIA &ENTERTAINMENT LAW VOL. 4,NO. 2The Roman Catholic Church at that time jealously guarded its articlesof faith, especially from attack by the rapidly growing ProtestantChristian faiths in Northern Europe: so much so that, a decade earlier,the Ecumenical Council of Trent had decreed a key tenet to be that thebread and wine at the Roman Catholic Mass transubstantiated into thebody and blood of Christ. In this politically sensitive climate, it wasinevitable that Veronese was prosecuted for his inclusion of such charactersin his composition. 35 The Inquisitor asked Veronese “Did someperson order you to paint Germans, buffoons, and other similar figuresin this picture?” Veronese replied “No, but I was commissioned toadorn it as I thought proper; now it is very large and can containmany figures ...Wepainters take the same licence as do poets andmadmen.” 36 The Inquisition’s judgment was temperate: Veronesewas ordered to “correct” the painting. After some months of reflectionVeronese achieved this, by painting on the canvas these words: “Feastin the House of Levi”. 37This uncompromising yet elegantly diplomatic solution evidentlysatisfied the court of Inquisition, 38 and not only demonstrates the professionalconfidence of the artist in defending his own work under forensicinquiry; but also reflects the Inquisition’s surprisingly enlightenedapproach that respected the artist’s professional independence.This case also heralds key issues (to which we return later): thepower and influence exercisable by artists of high standing; and judicialrecognition of the importance of the artist’s intentions in the creativeact.III. Trials of Modern ArtFrom the early Italian Renaissance period around 1400 through tothe mid-19th century, successive generations of artists in the westernworld sought to produce images as true to life as their techniqueswould allow. Even though the form and content of art was increasinglynaturalistic and realistically representational throughout these centuries,courts struggled to interpret, construct and apply the law tocases where they were required to recognise and understand the art35. Crawford, supra note 30; Childs, supra note 30.36. Id.37. Reference to the feast is contained in Luke’s Gospel: “And Levi made him agreat feast in his own house: and there was a great company of publicans and of othersthat sat down with them.” Luke 5:29 (King James version).38. The canvas survived, unaltered further; it now hangs at the Gallerie dell’Accademiain Venice, Italy.