High Formalism: The aerial view and the colour field

Laura Kurgan’s Monochrome Landscapes (2004), first exhibited in the Whitney Museum of American Art in New York City, consists of four oblong Cibachrome prints derived from digital files sourced from the commercial Ikonos and QuickBird satellites. The prints are ostensibly flat, depthless fields of white, green, blue, and yellow, yet the captions provided explain that the sites represented are related to contested military, industrial, and cartographic practices. In Kurgan’s account of Monochrome Landscapes she explains that it is in dialogue with another work from the Whitney by abstract artist Ellsworth Kelly. This article pursues the relationship between formalist abstraction and satellite imaging in order to demonstrate how formalist strategies aimed at producing an immediate retinal response are bound up with contemporary uses of digital information and the truth claims such information can be made to substantiate.

The principle of legal certainty as a principle of economic efficiency

Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible and tantamount to the principle of economic efficiency. We intend to analyse the efficiency rationale of an important general principle of EU law—the principle of legal certainty. In this paper, we shall assert that not only does the EU legal certainty principle encapsulate an efficiency rationale, but most importantly, it has been interpreted by the ECJ as such. The economic perspective of the principle of legal certainty in the European context has, so far, never been adopted. Hence, we intend to fill in this gap and propose the representation of the principle of legal certainty as a principle of economic efficiency. After having deciphered the principle of legal certainty from a law and economics perspective (1), we shall delve into the jurisprudence of the ECJ so that the judicial reasoning of the Court as this reasoning proves the relevance of the proposed representation (2). Finally, we conclude in light of the findings of this paper (3).