MaggieCooper

ART ≠
ETHICS

by maggie cooper

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This is a case study that challenges why museums do not
set ethic standards and a look at a selection of artists that
take on society’s code of ethics while pushing for causes.

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TABLE OF CONTENTS

WHAT ARE ETHICS..........5
WHAT’S IN A CODE OF ETHICS?..........6
IS THERE UNETHICAL ART?..........10
HOW DO ARTISTS HANDLE ETHICS?..........11
CASE STUDIES..........13
IS THERE A SOLUTION?..........24

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WHAT ARE ETHICS?

The Encyclopedia of Philosophy defines ethics as, “systematizing, defending,
and recommending concepts of right and wrong behavior.1 Applied ethics
involves controversial issues such…as animal rights.” However, there is not
one standardization of ethics and morals across humankind, which results in
varying standards and beliefs of how morals are applied in society. Instead,
moral relativism, the idea that moral judgements are true or false only rela-
tive to factors such as a culture, prevails as an accepted view of ethics.2
Because art museums represent the many cultures and belief systems of
humankind, many museums and critics believe they are exempt from any
overall standard of ethical code and instead can abide by a moral relativism
that allows everything from the portrayal of disturbing or insensitive material
to the mistreatment of artistic sources or subjects. However, while cultural
differences may affect what is displayed or prioritized in a museum, muse-
ums have to abide by some sort of prevailing root code of ethics. There is
no “free pass” especially when it comes to the mistreatment of animals and
humans just for the sake of art.
Art critics use the term “big ethics” to describe ethical issues that
make headlines and are emotional benchmarks for museums, such as stolen
artifacts, conservation, executive abuse of resources or privilege, treasure-
hunting, and more.3 However, there are less frequently-discussed aspects of
ethics that artists and museums have to be willing to examine and consider

1 “Ethics.” Internet Encyclopedia of Philosophy, http://www.iep.utm.edu/ethics/
2 “Moral Relativism.” Internet Encyclopedia of Philosophy, http://www.iep.utm.edu/moral-re/
3 Witchey, Holly. “What’s In a Code of Ethics?” (Art21 Magazine, 27 Apr. 2010), magazine.art21.org/2010/04/27/what%E2%80%99s-in-a-code-of-ethics/#.Wg3-Y7Q-cdZ.

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- most of which have been largely ignored by museum institutions in the past
Recent events suggest that museums need to treat research on the ethics of art
as integral to their work. There is little support and research into the ethical as-
pects of art done by many of the world’s museums despite the fact that ethical
questions about art arise on a weekly basis. The main problem seems to be that
there is no support within museums themselves for ethics to be a central part of
the mission of the organization. The international art magazine, Apollo, explains,
“While museums may have codes of ethics that that aim (with varying degrees

of success) to regulate professional conduct, they lack internal institutional
support for sustained research into these pressing and fundamental issues.
Adopting the ethics of art as a core area of research should be embraced as
part of the museum mission.”4


what’s in a code of ethics?

Taking art seriously requires taking ethics seriously—as sustained and critical
research. Placing an art label on a problematic object to explain its source does
not give clearance to treat or represent any subject harshly and can be seen as
a band-aid for a larger problem. A problematic piece that includes mistreating
an animal or human being for the sake of an artwork, such as a recent piece of
art where a Costa Rican artist starved a dog to its death for an art exhibit that
strived to test the reaction of the public.5 Art is deeply connected to various
facets of culture which requires the public to question cultural institutions in
their handling of art and the topics they choose. Ethical matters in art forces us
to examine and resist injustices, reflect on our own vulnerabilities, and work on

4 Matthes, Erich Hatala. “Why Museums Need Their Own Ethics Departments.” (Apollo Magazine, 26 Sept. 2017), www.apollo-magazine.com/why-museums-need-their-own-ethics-departments/.
5 Couzens, Gerard, “Outrage at ‘starvation’ of a stray dog for art.” The Guardian, March 29 2008, https://www.theguardian.com/artanddesign/2008/mar/30/art.spain

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stressors over identity and power. Therefore, art has a responsibility to exhibit ethical
treatment of subjects during the commission and creation of art, rather than an after-
the-fact acknowledgment of the piece as problematic.
Despite best intentions, the American Alliance of Museums (AAM) and The In-
ternational Council of Museums (ICOM) may be contributing to this problem. Although
they set the standard for the development of museums and museum professionals,
they do not enforce many of their guidelines. The AAM Code of Ethics document is
written in a narrative style that frames ethical insights much like a parent who would
want their children to know about the best possible ethical behavior.6 However, that
does not mean that the parent is explaining how to uphold this behavior. It was most
recently updated in 2000, leaving almost an eighteen-year gap in standards. In to-
day’s society that now focuses on where our food, belongings and even art comes
from (e.g. looting) this leaves a long, questionable span. The document refers to
“widely accepted ethics,” but does not define what these ethics may be. It refers to
these as principles that museums should use as reference to create their code of eth-
ics. The code also references public engagement, collections, programs, and public
benefit, but does not go into specifics. Revised in 2004, ICOM released a statement
of ethics for museums.7 This code reflects ideas as a foundation that are generally
accepted by the museum community. Although it is set out to be taken as law, it ex-
pects that museums will go beyond these minimum standards. In other words, these
are guidelines for desirable practice. The council explains that certain standards are
defined by law, but does not go into details as to how, and to use these as a basis for
developing standards.8
On a smaller level, the Association of Art Museum Directors (AAMD) developed
a statement of professional standards and ethics.9 The organization does touch and
enforce topics that larger organizations do not. Its focus includes history profession-
als, history volunteers and museums. If these are violated, AAMD explains that mem-
bers will be disciplined by reprimand, suspension, or expulsion.10 Within the associa-
tion, the topic of Professional Practices in Art Museums was first published in 1971 and

6 “Code of Ethics for Museums .” American Alliance of Museums, 2000, www.aam-us.org/resources/ethics-standards-and-best-practices/code-of-ethics.
7 “Code of Ethics.” International Council of Museums , 2004, icom.museum/the-vision/code-of-ethics/#intro
8 Ibid, icom.museum/the-vision/code-of-ethics/#intro
9 Yerkovich, Sally. “A Practical Guide to Museum Ethics.” A Practical Guide to Museum Ethics, Rowman Et Littlefield, 2016, pp. 181–199.
10 “Professional Practices in Art Museums.” Association of Art museum Directors, 2011, 18.

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is revised every ten years. Under the governance appendix, it states that
the board must establish and maintain policies regarding the intersection
of interest and ethics.11 These must be transparent and reviewed regularly
by the board, staff, and its volunteers. These policies are dictated similar
to standard business policies and processes governing human resources,
collections, finances and fundraising. The Association of Museum Art
Directors does suggest that there is a need for museums to explore po-
tential ethical concerns beyond what is outlined in their recommendations,
and discusses potential consequences if the code of ethics is violated,
something that is not defined by ICOM or AAM. Perhaps because AAMD
is significantly smaller they are able to lay out actions and ramifications.
However, larger institutions should follow suit and not only define but pro-
vide consequences if the code is not enforced.
Recently, the Guggenheim has raised red flags with an exhibit that
was quickly deemed animal abuse. Many have questioned why the mu-
seum ever considered allowing this exhibition, “Art and China after 1989:
Theater of the World,” to be brought to the museum, and several of the
works from the exhibition have been pulled from public viewing.12 One
video work recorded the performance, “Dogs That Cannot Touch Each
Other,” shows pit bulls, who were trained to fight, tethered to treadmills
that face each other. The video distinctly shows the distressed animals
being forced to run, struggling to reach each other until they are panting.
Another work titled, “Theatre of the World” includes a table with a translu-
cent dome. Inside the dome were insects, reptiles, cockroaches and more,
some of which survived the exhibit, some died of exhaustion and still oth-
ers were eaten. These types of exhibits raise the question: what does the
Guggenheim define as ethical in their code of ethics? Interestingly enough,
there is no code of ethics to be found for the U.S. location. This may sim-

11 Yerkovich, Sally. Pp. 181–199.
12 Cascone, Sarah. “The Guggenheim’s Massive China Show Is Already Attracting Criticism From Animal Rights Groups.” Artnet News, Artnet News, 25 Sept. 2017, news.artnet.com/

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ply mean that it is not visible to the public. However, in the Bilbao, Spain
location, the public is able to access the code and it is clearly stated. They
explain that the museum “makes every effort to act in an ethical, socially re-
sponsible manner….”13 Even though this stated goal is helpful, it still raises the
issue of the definition of what is defined by the museum as ethical. – there is
no clearly-stated definition given by the Guggenheim Foundation. It is stated
that the Foundation will be sensitive to ethical violations and concerns as
they relate to artwork and subjects, but never goes into detail as to what this
could possibly mean. Is this policy specific to the Spanish location? Does
this include examining an exhibition topic that may need to be censored?
What does sensitivity mean when it comes to artworks that may mistreat
live animals and or humans? Under the section that lays out principles about
how exhibitions should be handled, there is a mention of wellbeing when it
comes to live animals, but clearly that was not considered in the New York
exhibits. The animals were considered art for art’s sake. Many museums do
not want to touch on ethical matters for the most part because of artistic
freedom, but museums, no matter how they are funded, have a primary
moral responsibility as a member of human society to the public and the
subjects depicted to function ethically.

11 Yerkovich, Sally. Pp. 181–199.
12 Cascone, Sarah. “The Guggenheim’s Massive China Show Is Already Attracting Criticism From Animal Rights Groups.” Artnet News, Artnet News, 25 Sept. 2017, news.artnet.com/
13 “Code of Ethics and Best Practices.” Guggenheim Bilbao, 2011, 4.

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IS THERE UNETHICAL ART?

One likely reason for the absolution of many museum’s or artist’s less-than-
ethical behaviors or works is the idea adopted by the art world that there is no
existence of unethical art. Art21 writer and art dealer Edward Winkleman argues
that “to suggest that ‘art’ can be either ethical or unethical is to personify an ob-
ject. We don’t talk about the ethics of morality of a hammer or an ocean. We may
discuss the ethics of what humans do with a hammer or what they do to an ocean,
but ethics are a means of measuring human behaviors.”14 This may be applicable to
the everyday painting because it is an intimate object, but if an artist puts any living
being in harm’s way, does that take away from the idea of art as an object? Winkl-
eman argues that no object can abide by the norms or values of a particular com-
munity - requiring art to do so allows the public to judge whether or not the object
is good or bad art. Artists, he suggests, can and should be ethical beings within a
society, but art itself is not human.15 This seems to suggest the idea that the aes-
thetic value of art is favored regardless of whether it is ethical or not, and brings to
mind the question of whether many of these art spectacles that include unwilling
participants, such as an animal, are just to incite a reaction rather than convey an
idea or feeling. Is the art world able to be hypocritical because of the lack of the
attention given to ethics due to the excuse of artistic freedom and expression?

14 Winkleman, Edward. “The Nonexistence of ‘Unethical Art.’” Art21 Magazine, 26 Mar. 2010, magazine.art21.org/2010/03/26/the-nonexistence-of-unethical-art/#.Wg397bQ-cdY.
15 Ibid, magazine.art21.org/2010/03/26/the-nonexistence-of-unethical-art/#.Wg397bQ-cdY.

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HOW DO ARTISTS HANDLE ETHICS?

Given the excuse of artistic freedom, artists can openly handle ethical con-
siderations and present the subject matter in a biased way. Artists are not an
institution that needs to attract a wide, diverse audience. Each person has dif-
ferent viewpoints and definitions of what ethics mean as well and will react to
a museum’s code and subject matter in their own way. The European National
Museums found in their Summary Policy Report that “national museums often
produce narratives and philosophies that adopt a moral position and test the
ethical beliefs of visitors. They also seek to develop particular responses such
as empathy, a sense of good and evil, and justice. Visitors can perceive these
as intellectual arguments.”16 The individual artist’s way of portraying ethics and
morals is then communicated to the observer as almost an argument that not
only the artist, but also the institution, is making. While these responses of the
viewer and visitor are based on objects and histories, these histories can be
interpreted differently as each person understands and remembers the past in
their own way. This may obstruct how ethics are formed within an institution and
demonstrate how the artists are able to present topics such as animal justice.
There is no one-size-fits-all solution to creating a code of ethics. Ethics deal
with what is right and wrong and how each should be enforced. This means that
museums then, especially national ones, are critical representations of national
values.17 They have a responsibility to balance the display ethical work as well as
represent local cultures.

16 Aronsson, Peter, et al. National Museums Making Histories in a Diverse Europe. Linköping University Electronic Press, 2012, National Museums Making Histories in a Diverse Europe, liu.diva-portal.org/smash/get/diva2:573632/FULLTEXT01.pdf.
17 Ibid, liu.diva-portal.org/smash/get/diva2:573632/FULLTEXT01.pdf.

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These artists are able to have freedom because they are not always bound
by an institutions code. They have the liberty of expressing their opinions. This does
mean that free speech allowed the artist who subjected animals to abusive actions
such as tethering dogs to a treadmill at The Guggenheim, to express his opinions
through the exhibition, but it crosses an ethical, inhumane, line particularly because
it was in a cultural institution. They have the ability to challenge opinions openly be-
cause they are creating it for a certain audience. Their work is still equally important
as they are creating a dialogue that many museums are afraid to take on. It should
also be noted that unlike many controversial artworks, these artists are not harming
any being (human or animal) to create a discussion and raise awareness.

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PROFILES: CASE STUDIES OF ARTISTS
WHO CHALLENGE THE EVERYDAY MUSEUM
AND PUSH FOR DIFFERENT CAUSES AND
ARGUMENTS WITHIN THE REALM OF
ANIMAL RIGHTS. THESE ARTISTs
CONNECT WITH THE PUBLIC IN WAYS
OTHERS CANNOT.

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PROFILE 1:JACQUELINE
TRAiDE x lush cosmetics

Jacqueline Traide, 29, volunteered in 2012 to partner with cosmetics company Lush in a
protest against animal testing.18 The artist did a performance piece where she was
subjected to similar techniques done in animals in labs. They dragged her along with a
rope around her neck and pushed her down on a bench. Then, it was feeding time and
you could tell in the video she was horrified. First, they stretched her mouth open with
two metal hooks strapped around her head. The man in the white coat grabbed hold of
her ponytail and tugged it until she tilted backwards. By the time he had finished spoon-
ing food down her throat, she was choking, gagging and trying to break free. For the next
ten hours, the artist was given injections, had her skin abraded and smothered in lotions
and potions – then endured having a strip of her hair shaved off in front of stunned on-
lookers in one of Britain’s busiest streets.

18 Zimmerman, Neetzan. “Artist Undergoes ‘Torture’ In Front of London Shoppers For Anti-Animal-Testing Stunt.” Gawker, 26 Apr. 2012, gawker.com/5905506/artist-undergoes-torture-in-front-of-london-shoppers-for-anti-animal-testing-stunt.

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PROFILE 2:dan witz

Street artist Dan Wtiz creates subtle but shocking images that use grills, windows,
and air vents of old buildings. One of his most famous works, ‘Empty the Cages,’
forces the viewer to think about the conditions faced by animals in the meat industry.
The images were plastered around Smithfield Market, City Road, in London.19 Chicken
claws, pig heads and other parts of animals were plastered on buildings. The 30 piec-
es in total were accompanied by QR codes to allow the viewer to read more about
the issues. On being asked to create these the artist says, “I didn’t hesitate to say yes.
It’s truly unconscionable what these corporations get away with, day in and day out
with seeming impunity. If encountering my pieces brings this topic to anyone’s atten-
tion, then art matters, because life matters, and I’m satisfied.”

19 “Empty the Cages.” Peta, www.emptythecages.org.uk/.

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PROFILE 3:jonathan horowitz

Alongside a photo album and guide, Horowitz created a heavyweight exhibiton
on the side of a meat packing building, LaFreida Meats (a former meat-packing
plant).20 The artist aims to normalize the idea of meat-free living through his
work. He compiled a collection of 200 celebrity vegetarians and vegans, as well
as a video installation featuring Paul and Linda McCartney arguing for veganism
through modern culture and living.

20 Brown, Gavin. “Jonathan Horowitz.” Gavin Brown’s Enterprise, www.gavinbrown.biz/artists/jonathan_horowitz/works.

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PROFILE 4:alice newstead

British performance artist and animal rights activist, Alice Newstead, painted her-
self silver then suspended herself from hooks to protest the hunting and fishing of
sharks that are threatened with extinction yearly.21 The artist allowed the hooks to
puncture her shoulder with blood streaming down her back and she was hung for
fifteen minutes.

21 Farmer, Ben. “Artist Hangs Herself from Hooks in Protest at Shark Treatment.” The Telegraph, Telegraph Media Group, 3 Sept. 2008, www.telegraph.co.uk/news/2675452/Artist-hangs-herself-from-hooks-in-protest-at-shark-treatment.html.

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PROFILE 5:asher jay

Asher Jay is a digital artist that uses her design skills for awareness. In Africa, Jay
used blood as the focal point to bring light to rhino poaching. She made screen-
savers that showed a rhino dripping with blood. In China, she integrated elephant
tusks into Chinese characters to encourage the halt of ivory buying while these
enormous photos were projected on billboards in Times Square, NYC. She also
focuses on the ticking time bomb that is global warming. On her focus of poach-
ing she notes, “I wanted to visualize the scale and brutality of the crisis and use
art to tell the blood ivory story. Each year, 35,000 elephants are slaughtered; that’s
one every 15 minutes.”22

22 “About Asher Jay.” Asher Jay, www.asherjay.com/about-asher-jay/.

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PROFILE 6:rocky lewycky

‘Is It Necessary?’ blends sculpture, repetition and ritual performance which are
all signatures of the artists work.24 In a startling, political presentation, Lewycky
questions the brutality and uniformity of factory farming in the United States.
Performed at the Santa Cruz Museum of Art & Art History, the sculptor entered
the museum daily. He would choose a ceramic animal from the perfectly-alinged
rows of hundreds of animals on wood pallets. Then, he placed it on a gold-leaf
pedestal. Then it is smashed. Choosing a political route, Lewycky hoped to shed
light on factory farming as he began to evolve his voice as an artist and social
activist.

23 “Is It Necessary?” Rocky Lewycky, www.rocksart.com/is-it-necessary/.

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PROFILE 7:gale hart

‘Why Not Eat Your Pet,’ featured the atrocities that are inflicted on animals, pri-
marily focusing on the inconsistent standards set to justify one over another. The
result is a combination of horror and whimsy, although pleasing to the eye it is
still rather jarring. The artist aimed to look at the disconnect that markets animals
as cute, cuddly, and vulnerable. On the exhibition that was on display at Varnish
Fine Art in San Francisco, California, Hart explains, ”I am interested in amusement,
sarcasm, hypocrisy, deception, social injustice and piquing the viewer’s curiosity...
the work, I think, stands for itself.”25

25 “About.” Gale Hart’s Portfolio, www.galehart.com/about.

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PROFILE 8:sue coe

In 115 black-and-white woodcut illustrations for The Animals’ Vegan Manifesto,
Sue Coe unleashes an outraged cry for action that takes its rightful place along-
side the other great manifestoes of history. 26 The artist has exhibited around the
world, including in New York’s Museum of Modern Art. Combining images and
words, she examines the philosophical idea that humans at their core value com-
passion over greed, life over capital, and community over self despite their every-
day actions. She beckons the public to take more responsibility over themselves
for ourselves, animals, and the planet.

26 “Sue Coe.” Graphic Witness: Visual Arts & Social Commentary, www.graphicwitness.org/coe/enter.htm.

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PROFILE 9: zoe bierrell

Zoe Bierrell wanted to look at the idea of feminity in respect to the intensively
farmed animals. The artist set up rows of 400 cows in herds. Molds were casted
out of dairy-free chocolate weighing around the artist’s weight. Her hope was to
raise awareness through the exhibition and a booklet that explained wider issues
relating to human health, nutrition and environmental concerns. Bierrell explains,
“I am also looking at how this affects the environment we live in. My role and place
as an individual in this equation is manifest by my body weight defining the size of
the herd. The fact that I am a woman and I am creating an entirely female herd is
not a coincidence as this herd is the result of the exploitation of another animals’
sexuality.”

27 ““Vegetarian Artist to Eat a Whole Cow for Charity.” PRWeb, 17 June 2006, www.prweb.com/releases/2006/06/prweb399930.htm.



IS THERE A CLEAN-CUT SOLUTION?

Is there a solution to how museums define and enforce ethical issues,
then? It depends on the institution, its location, heritage and culture. From the
code of ethics guidelines mentioned, boards need to define their ethic policies
and museums as well as artists need to work with them. Some cultures may
find the mistreatment of animals more offensive than others as well as the way
humans are treated and represented for art. Museums need to recognize and
understand the environment we live in today. Certain ethics policies and move-
ments like animal justice are in line with larger cultural shifts are gaining mo-
mentum which should be adapted by these institutions. This not a one-size-fits-
all issue, but there are plenty of resources and references to point to solve this
debate within establishments.

Works Cited
“About Asher Jay.” Asher Jay, www.asherjay.com/about-asher-jay/.
“About.” Gale Hart’s Portfolio, www.galehart.com/about.
Aronsson, Peter, et al. National Museums Making Histories in a Diverse Europe. Linköping University Elec
tronic Press, 2012, National Museums Making Histories in a Diverse Europe, liu.diva-portal.org/smash/
get/diva2:573632/FULLTEXT01.pdf.
Brown, Gavin. “Jonathan Horowitz.” Gavin Brown’s Enterprise, www.gavinbrown.biz/artists/jonathan_horowitz/
works.
Cascone, Sarah. “The Guggenheim’s Massive China Show Is Already Attracting Criticism From Animal Rights
Groups.” Artnet News, Artnet News, 25 Sept. 2017, news.artnet.com/exhibitions/animal-rights-protest-work-
guggenheim-china-show-1092644.
“Code of Ethics for Museums .” American Alliance of Museums, 2000, www.aam-us.org/resources/ethics-stan
dards-and-best-practices/code-of-ethics.
“Code of Ethics.” International Council of Museums , 2004, icom.museum/the-vision/code-of-ethics/#intro.
“Empty the Cages.” Peta, www.emptythecages.org.uk/.
“Ethic.” Merriam-Webster, www.merriam-webster.com/dictionary/ethic.
Farmer, Ben. “Artist Hangs Herself from Hooks in Protest at Shark Treatment.” The Telegraph, Telegraph Media
Group, 3 Sept. 2008, www.telegraph.co.uk/news/2675452/Artist-hangs-herself-from-hooks-in-pro
test-at-shark-treatment.html.
“Is It Necessary?” Rocky Lewycky, www.rocksart.com/is-it-necessary/.
Matthes, Erich Hatala. “Why Museums Need Their Own Ethics Departments.” Apollo Magazine, 26 Sept. 2017,
www.apollo-magazine.com/why-museums-need-their-own-ethics-departments/.
Mission, Vision, Values | Guggenheim Bilbao, www.guggenheim-bilbao-corp.eus/en/bilbao-guggenheim/
mission-vision-values/.
Powhida, William. “The Conflation of Ethics and Morality.” Art21 Magazine, 18 Mar. 2010, magazine.art21.
org/2010/03/18/the-conflation-of-ethics-and-morality-3/#.Wg3_UbQ-cdZ.
“Sue Coe.” Graphic Witness: Visual Arts & Social Commentary, www.graphicwitness.org/coe/enter.htm.
“Vegetarian Artist to Eat a Whole Cow for Charity.” PRWeb, 17 June 2006, www.prweb.com/releases/2006/06/
prweb399930.htm.
“Vegetarian Artist to Eat a Whole Cow for Charity.” PRWeb, 17 June 2006, www.prweb.com/releases/2006/06/
prweb399930.htm.
Winkleman, Edward. “The Nonexistence of ‘Unethical Art.’” Art21 Magazine, 26 Mar. 2010, magazine.art21.
org/2010/03/26/the-nonexistence-of-unethical-art/#.Wg397bQ-cdY.
Witchey, Holly. “What’s In a Code of Ethics?” Art21 Magazine, 27 Apr. 2010, magazine.art21.org/2010/04/27/
what%E2%80%99s-in-a-code-of-ethics/#.Wg3-Y7Q-cdZ.
Yerkovich, Sally. “A Practical Guide to Museum Ethics.” A Practical Guide to Museum Ethics, Rowman Et Little
field, 2016, pp. 181–199.
Zimmerman, Neetzan. “Artist Undergoes ‘Torture’ In Front of London Shoppers For Anti-Animal-Testing Stunt.”
Gawker, 26 Apr. 2012, gawker.com/5905506/artist-undergoes-torture-in-front-of-london-shoppers-for-anti-
animal-testing-stunt.