国際法における芸術的自由 Artistic Freedom in International Law

著者名：Polymenopoulou, Eleni

Cambridge University Press（2023/04/13発売）

• 言語：ENG
• ISBN：9781108844208
• eISBN：9781108945240

Description

The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal arts, such as child pornography.

Table of Contents

1. Defining 'art'; 2. The nature, scope and protection of artistic freedom; 3. Censorship and restrictions; 4. Positive obligations in relation to artistic freedom; 5. Street art, graffiti and art in public space; 6. Public morality, obscenity and the arts; 7. Blasphemous paintings, cartoons and other religiously offensive art.