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Motives of Art Theft: a Social Contextual Perspective of Value Marion Johnston Wylly

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Motives of Art Theft: a Social Contextual Perspective of Value Marion Johnston Wylly Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2014 Motives of Art Theft: A Social Contextual Perspective of Value Marion Johnston Wylly Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] FLORIDA STATE UNIVERSITY COLLEGE OF VISUAL ARTS, THEATER, AND DANCE MOTIVES OF ART THEFT: A SOCIAL CONTEXTUAL PERSPECTIVE OF VALUE By MARION JOHNSTON WYLLY A Dissertation submitted to the Department of Art Education in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Spring Semester, 2014 Marion Wylly defended this dissertation on January 23, 2014. The members of the supervisory committee were: David Gussak Professor Directing Dissertation Richard Kunkel University Representative Marcia Rosal Committee Member Pat Villeneuve Committee Member The Graduate School has verified and approved the above-named committee members, and certifies that the dissertation has been approved in accordance with university requirements. ii ACKNOWLEDGEMENTS My tenure at The Florida State University has been an amazing evolving personal and professional journey. I am appreciative of the opportunity provided through the university to pursue this program. I especially thank my dissertation committee: Dr. David Gussak my dissertation chair, Dr. Marcia Rosal, Dr. Pat Villeneuve, and Dr. Richard Kunkel. It has been my honor to work under such an outstanding and accomplished group of professionals. Further, while the field of art continues to be my passion, my heart and soul belong to my family, especially my three boys. Finally, I extend a special thank you to my husband for being my rock and support. iii TABLE OF CONTENTS LIST OF TABLES ........................................................................................................................ vii LIST OF FIGURES ..................................................................................................................... viii ABSTRACT .................................................................................................................................... x PROBLEM STATEMENT ............................................................................................................. 1 Art Theft Research Problem ............................................................................................... 1 Increasing Threat .................................................................................................... 2 Rise in Criminal Activity ........................................................................................ 3 Complexity .............................................................................................................. 3 Reluctance of Restitution ........................................................................................ 5 Cultural Historical Context at Risk ......................................................................... 8 Research Questions and Scope ......................................................................................... 11 Study Benefits ................................................................................................................... 12 Study Limitations .............................................................................................................. 12 Operational Definitions ..................................................................................................... 13 Research Paradigm and Epistemology.............................................................................. 13 LITERATURE REVIEW ............................................................................................................. 15 Determinants of Value ...................................................................................................... 15 Contingent Value .................................................................................................. 15 Social Perspective of Value .................................................................................. 17 Financially motivated crimes. ................................................................... 17 Artistically motivated crimes. ................................................................... 19 Politically motivated crimes. .................................................................... 21 Co-Evolutionary Relationship of Value............................................................................ 22 Value Production .................................................................................................. 22 Museum Provenance ............................................................................................. 24 The Business of Art and Value ............................................................................. 27 Investment value. ...................................................................................... 28 Value and the sale. .................................................................................... 30 The value of insurance. ............................................................................. 30 Relationship of Policies and Procedures to Value ............................................................ 34 National Policies and Procedural Mandates and Value ........................................ 37 National Stolen Property Act. ................................................................... 38 Business negotiations affecting value. ...................................................... 40 Bidding tactics. ......................................................................................... 40 Price-fixing. .............................................................................................. 41 Tax manipulation. ..................................................................................... 42 iv International Policies and Procedural Mandates and Value ................................. 43 International cooperation. ......................................................................... 45 UNESCO and Unidroit. ............................................................................ 46 METHODOLOGY ....................................................................................................................... 48 Research Design................................................................................................................ 48 Grounded Theory .................................................................................................. 49 Population ............................................................................................................. 49 Data Collection ..................................................................................................... 52 Data Analysis ........................................................................................................ 53 Research Management Plan .................................................................................. 55 FINDINGS .................................................................................................................................... 56 Data Analysis .................................................................................................................... 56 Stakeholders Defined ............................................................................................ 56 Value ................................................................................................................................. 58 Motive ............................................................................................................................... 63 Financial Motivation ............................................................................................. 66 Artistic Motivation ................................................................................................ 68 Political Motivation .............................................................................................. 69 Stolen but Worth Nothing ................................................................................................. 70 Coevolution of Value and Art Crime ................................................................................ 71 Media Influence .................................................................................................... 71 Market Manipulation ............................................................................................ 73 Art as an Evolving Asset Class ............................................................................. 78 Policies and Procedures: Protecting Artwork, Affecting Value ....................................... 81 Tax ........................................................................................................................ 84 Sonnabend Case .................................................................................................... 84 Litigation ............................................................................................................... 87 New Laws Needed ............................................................................................................ 89 CONCLUSION ............................................................................................................................. 91 Is There a Relationship Between the Value of Art and Art Theft? Yes, but… ...............
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