Original scientific paper
https://doi.org/10.30925/zpfsr.45.2.3
Form and Function of the Literary Text as the Criteria for Distinction between Artistic and Other Forms of Expression
Luka Brajković
; University of Rijeka, Faculty of Law
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* Corresponding author.
Abstract
Despite being incorporated in many legal acts, freedom of artistic expression is still insufficiently developed and analysed in the case law and legal theory. One of the problems, in addition to a small number of relevant publications, is that the legal analysis of art is not open enough for ideas and insights of some other, non-legal disciplines. The aim of this article is to provide a bit different view on the relationship between the law and art. Introduction shows basic problems that follow the freedom of artistic expression, and it also explains why this paper chose specifically literature as the object of its inquiry. The main reason is that language is a tool which law and literature have in common. The second chapter sets literary and theoretical framework for analysis starting from the idea that literary text is a structure composed of formal and substantive elements important in creating the meaning of the structure itself. Moreover, literary text has two general functions, social and aesthetic, which can be recognized in the text by some characteristic expressions. In the third chapter, ECHR case law shall be analysed regarding some of literary text types while using the theoretical framework set from the previous chapter. The conclusion outlines three potential benefits that law could gain by being more open for the insights of the literary theory.
Keywords
artistic expression; functions of the literary text; literary theory; European Convention on Human Rights; European Court of Human Rights
Hrčak ID:
320623
URI
Publication date:
15.9.2024.
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