Abstract

After describing a constantly changing aesthetic environment in which artistic and architectural works are created and destroyed, this paper asks how legal judgments are made to preserve such works. Specifically the paper addresses legal standards for art preservation such as "recognized quality," "serious artistic value," and "historic, artistic or aesthetic interest." The discussion surveys many of the laws which require "quality" in art, the court opinions which interpret these laws and legal standards, the rules of evidence, and suggestions for how to make legal decisions about art preservation in an age whose motto may become ars brevis, vita longa.