Food libel laws and Jean-Baptiste Carpeaux: Difference between pages

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[[Image:Jean-Baptiste Carpeaux's marble sculpture 'Ugolino and his Sons', Metropolitan Museum of Art.jpg|thumb|right|400px|Jean-Baptiste Carpeaux's marble sculpture 'Ugolino and his Sons', Metropolitan Museum of Art]]
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[[Image:Jean-Baptiste_Carpeaux_La_Danse.jpg|thumb|right|400px|La Danse (The Dance), Opera Garnier in Paris]]
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'''Jean-Baptiste Carpeaux''' ([[May 11]], [[1827]], [[Valenciennes]] –[[October 12]], [[1875]], [[Courbevoie]]) was a French sculptor and painter. His early studies were under [[François Rude]]. Carpeaux won the [[Prix de Rome]] in [[1854]], and moving to [[Rome]] to find inspiration, he there studied the works of [[Michelangelo Buonarroti|Michelangelo]], [[Donatello]] and [[Andrea del Verrocchio|Verrocchio]]. Staying in Rome from [[1854]] to [[1861]], he obtained a taste for movement and spontaneity, which he joined with the great principles of [[baroque art]]. In [[1861]] he made a bust of [[Mathilde Bonaparte|Princess Mathilde]], and this later brought him several commissions from [[Napoleon III]]. He worked at the pavilion of [[Flora (goddess)|Flora]], and the [[Opéra Garnier]]. His group La Danse (the Dance, [[1869]]), situated on the right side of the façade, was criticised as an offence to common decency.
'''Food libel laws''', also known as "'''food disparagement laws'''", "'''veggie libel laws'''", or "'''veggie hate laws'''", are laws passed in 13 [[United States|U.S.]] states that make it easier for food industry interests to sue their critics for [[libel]].


He never managed to finish his last work, the famous Fountain of the Four Parts of the Earth, on the Place Camille Jullian. He did finish the terrestrial globe, supported by the four figures of [[Asia]], [[Europe]], [[North America|America]] and [[Africa]], and it was [[Emmanuel Frémiet]] who completed the work by adding the eight leaping horses, the tortoises and the dolphins of the basin.
In 1996, television talk-show hostess [[Oprah Winfrey]] and one of her guests, [[Howard Lyman]], were involved in a famous lawsuit surrounding the Texas version of this law. Although they were not the first people to be sued using this type of legal action, this case created a media sensation and is the example most people associate with food libel litigation{{Fact|date=February 2007}}.


== Sculptures by Carpeaux ==
These laws vary greatly from state to state, but they typically allow a food manufacturer or processor to sue a person or group who makes disparaging comments about their food products. In some states these laws also establish weaker standards of proof than are used in traditional American libel lawsuits.


* Ugolin et ses fils - [[Ugolino della Gherardesca|Ugolino]] and his Sons (1861, in the permanent collection of the [[Metropolitan Museum of Art]])[[http://www.insecula.com/oeuvre/photo_ME0000009025.html]] with versions in other museums including the [[Musée d'Orsay]]
In a normal U.S. libel suit, the plaintiff must prove that the defendant is deliberately and knowingly spreading false information. Under the [[Texas]] food disparagement law under which Winfrey and Lyman were sued, the plaintiffs — in this case, beef [[feedlot]] operator [[Paul Engler]] and the company [[Cactus Feeders]] — simply had to convince the jury that Lyman's statements on Winfrey's show deviated from "reasonable and reliable scientific inquiry, facts, or data." Other states' food disparagement laws follow a similarly reduced standard of evidence.
* The Dance (commissioned for the [[Palais Garnier|Opera Garnier]])
* Jeune pêcheur à la coquille - [[Naples|Neapolitan]] Fisherboy - in the [[Louvre]], [[Paris]] [[http://www.insecula.com/oeuvre/photo_ME0000034255.html]]
* Girl with Shell
* [[Antoine Watteau]] monument, [[Valenciennes]]


==Neapolitan Fisherboy==
One obvious trouble with such a law is that two reasonable, reliable scientists may not always agree.{{Fact|date=February 2007}} The subject that Engler and Cactus Feeders were suing Winfrey and Lyman over was [[Bovine spongiform encephalopathy|BSE]], which has seen respected, reliable researchers reach quite different conclusions.{{Fact|date=February 2007}} Such a law partially shifts the burden of proof from the accuser.{{Fact|date=February 2007}}


Carpeaux submitted a plaster version of ''Pêcheur napolitain à la coquille'', the Neapolitan Fisherboy, to the [[French Academy]] while a student in [[Rome]]. He carved the marble version several years later, showing it in the Salon exhibition of 1863. It was purchased for [[Napoleon III]]'s empress, [[Eugénie de Montijo|Eugènie]]. The statue of the young smiling boy was very popular, and Carpeaux created a number of reproductions and variations in marble and bronze. There is a copy, for instance, in the Samuel H. Kress Collection in the [[National Gallery of Art]] in [[Washington D.C.]]
Winfrey and Lyman won their case in 1998. However, the lawsuit also had the effect of silencing Winfrey. She stopped speaking on the issue, going so far as to decline to make videotapes of the original interview available to enquiring journalists ([[#References|Rampton and Stauber]], 1997 – p. 192).


Some years later, he carved the Girl with a Shell, a very similar study.
Proponents of food disparagement laws{{who}} often cite the [[Alar]] "scare" as proof of the necessity of such laws, as farmers' protection against a loose-lipped public. In the Alar incident, a [[CBS]] report on a [[carcinogen]]ic but widely used [[apple]] agrichemical led to a brief slump in the apple market and a ban on the chemical. Apple growers subsequently sued CBS under existing libel laws and lost. "Never again — not another Alar" became a rallying cry for the food industry.{{Fact|date=February 2007}}

Carpeaux sought real life subjects in the streets and broke with the classical tradition. The Neapolitan Fisherboy's body is carved in intimate detail and shows an intricately balanced pose. Carpeaux claimed that he based the Neapolitan Fisherboy on a boy he had seen during a trip to [[Naples]].


==See also==
*[[Chilling effect]]
==External links==
==External links==
* [http://cspinet.org/foodspeak/oped/winorloss.htm Chilling effect of laws -- at CSPI]
* [http://cspinet.org/foodspeak/laws/existlaw.htm Existing laws by state -- at CSPI]
* [http://www.fb.com/views/focus/fo98/fo0126.html Pro-food disparagement laws editorial]


*[http://cartelfr.louvre.fr/cartelfr/visite?srv=rs_display_res&critere=jean+baptiste+carpeaux&operator=AND&nbToDisplay=5&langue=fr A page on the official Louvre site giving access to some of Carpeaux's works (French language only)]
==References==
*[http://www.insecula.com/contact/A005511_oeuvre_1.html A page from insecula.com listing more views of Carpeaux's works (also in French;] it may be necessary to close an advertising window to view this page)
*Rampton and Stauber. ''Mad Cow USA: Could the nightmare happen here?'' Madison, WI: Common Courage Press, 1997.
*[http://www.studiolo.org/MMA-Ugolino/Ugolino.htm A page analysing Carpeaux's ''Ugolino'', with numerous illustrations]

[[Category:French sculptors|Carpeaux, Jean-Baptiste]]
[[Category:1827 births|Carpeaux, Jean-Baptiste]]
[[Category:1875 deaths|Carpeaux, Jean-Baptiste]]


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[[Category:Tort law]]
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Revision as of 01:07, 19 June 2007

Jean-Baptiste Carpeaux's marble sculpture 'Ugolino and his Sons', Metropolitan Museum of Art
La Danse (The Dance), Opera Garnier in Paris

Jean-Baptiste Carpeaux (May 11, 1827, ValenciennesOctober 12, 1875, Courbevoie) was a French sculptor and painter. His early studies were under François Rude. Carpeaux won the Prix de Rome in 1854, and moving to Rome to find inspiration, he there studied the works of Michelangelo, Donatello and Verrocchio. Staying in Rome from 1854 to 1861, he obtained a taste for movement and spontaneity, which he joined with the great principles of baroque art. In 1861 he made a bust of Princess Mathilde, and this later brought him several commissions from Napoleon III. He worked at the pavilion of Flora, and the Opéra Garnier. His group La Danse (the Dance, 1869), situated on the right side of the façade, was criticised as an offence to common decency.

He never managed to finish his last work, the famous Fountain of the Four Parts of the Earth, on the Place Camille Jullian. He did finish the terrestrial globe, supported by the four figures of Asia, Europe, America and Africa, and it was Emmanuel Frémiet who completed the work by adding the eight leaping horses, the tortoises and the dolphins of the basin.

Sculptures by Carpeaux

Neapolitan Fisherboy

Carpeaux submitted a plaster version of Pêcheur napolitain à la coquille, the Neapolitan Fisherboy, to the French Academy while a student in Rome. He carved the marble version several years later, showing it in the Salon exhibition of 1863. It was purchased for Napoleon III's empress, Eugènie. The statue of the young smiling boy was very popular, and Carpeaux created a number of reproductions and variations in marble and bronze. There is a copy, for instance, in the Samuel H. Kress Collection in the National Gallery of Art in Washington D.C.

Some years later, he carved the Girl with a Shell, a very similar study.

Carpeaux sought real life subjects in the streets and broke with the classical tradition. The Neapolitan Fisherboy's body is carved in intimate detail and shows an intricately balanced pose. Carpeaux claimed that he based the Neapolitan Fisherboy on a boy he had seen during a trip to Naples.

External links