To whom does a painted tablet--a "tabula picta"--belong? To the
owner of the physical piece of wood on which an image is painted?
Or to the person who made the painting on that piece of wood? By
extension, one might ask, who is the owner of a text? Is it the
person who has written the words, or the individual who possesses
the piece of parchment or slab of stone on which those words are
inscribed?In "Tabula Picta" Marta Madero turns to the extensive
glosses and commentaries that medieval jurists dedicated to the
above questions when articulating a notion of intellectual and
artistic property radically different from our own. The most
important goal for these legal thinkers, Madero argues, was to
situate things--whatever they might be--within a logical framework
that would allow for their description, categorization, and
placement within a proper hierarchical order. Only juridical
reasoning, they claimed, was capable of sorting out the individual
elements that nature or human art had brought together in a single
unit; by establishing sets of distinctions and taxonomies worthy of
Borges, legal discourse sought to demonstrate that behind the
deceptive immediacy of things, lie the concepts and arguments of
what one might call the artifices of the concrete.
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