Brill Research Perspectives in Art and Law – serie
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16 produkter
Imago Decidendi
On the Common Law of Images
Häftad, 2017
1240 kr
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Taking as its exemplum the use of images in judicial decisions, this article argues that the ratio decidendi of legal precedent should be supplemented with the imago decidendi, the figure or depiction that motivates judgment. Drawing upon the history of legal humanism, and particularly the …
What is Art?
The Question of Definition Reloaded
Häftad, 2017
1214 kr
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‘What is art?’ is one of the classic questions that philosophy has addressed over the ages, from the ancients to today. Taking as its starting point debates over the various definitions of art found in history, this article presents and discusses some of the major theories offered by both the …
Between Ordinary and Extraordinary
The Normativity of the Singular Case in Art and Law
Häftad, 2018
1214 kr
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What is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present essay engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are …
Law and TV Series
Av Adam Andrzejewski, Mateusz Salwa
Häftad, 2018
1240 kr
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The aim of this essay is to analyse TV series from the point of view of philosophical aesthetics. Aiming to show how philosophy may contribute to “seriality studies”, Andrzejewski and Salwa focus on seriality as a factor which defines the structure of TV series, their aesthetic properties, as well …
Philosophy Guide to Street Art and the Law
Häftad, 2018
1240 kr
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What is the relationship between street art and the law? In A Philosophy Guide to Street Art and the Law, Andrea Baldini argues that street art has a constitutive relationship with the law. A crucial aspect of the identity of this urban art kind depends on its capacity to turn upside down dominant …
From Fountain to Moleskine
The Work of Art in the Age of its Technological Producibility
Häftad, 2019
1240 kr
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Photography was invented in the mid-nineteenth century, and ever since that moment painters have been asking what they are there for. Everyone has their own strategy. Some say they do not paint what is there, but their impressions. Others paint things that are not seen in the world, and therefore …
Law and Images
Häftad, 2019
1240 kr
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Law and images are generally not regarded as having much in common, since law is based on textual and images are based on visual information. The paper demonstrates that quite to the contrary, legal norms can be understood as models of intended moral behaviour and hence as images, in the same way …
Industrial Design and Artistic Expression
The Challenge of Legal Protection
Av Barbara Pasa
Häftad, 2020
1141 kr
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The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe …
Contemporary Artificial Art and the Law
Searching for an Author
Häftad, 2020
1141 kr
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The advent of Artificial Intelligence (AI) as an “autonomous author” urges the law to rethink authorship, originality, creativity. AI-generated artworks are in search of an author because current copyright laws offer as a solution only public domain or fragile regulatory mechanisms. During the 20th …
Theory of Law and Literature
Across Two Arts of Compromising
Av Angela Condello, Tiziano Toracca
Häftad, 2020
1316 kr
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In the present work, a legal philosopher (Angela Condello) and a literaray scholar (Tiziano Toracca) develop the idea that a comparison between law and literature must be framed starting from the modes in which law and literature function. In this sense, they read law and literature as arts of …
Normativity of Musical Works: A Philosophical Inquiry
Häftad, 2021
1141 kr
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What do we mean when we talk about the identity of a musical work and what does such an identity involve? What in fact are the properties that make it something worth protecting and preserving? These issues are not only of legal relevance; they are central to a philosophical discipline that has …
Western Dualism and the Regulation of Cultural Production
Häftad, 2021
1250 kr
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This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of …
Ground Zero of the Arts: Rules, Processes, Forms
Häftad, 2021
1119 kr
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This book proposes to investigate the arts from the inside, namely to consider, first and foremost, what artists do to create their works in order to proceed fruitfully in the direction of their evaluation and explanation. To this end, it develops a philosophical inquiry that examines the ground …
Conundrum of Control
Making Sense through Artistic Practices
Häftad, 2024
1143 kr
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Various forms of control play a central role in our lives. However, the nature of control is a difficult conundrum to probe. Believing we "control" ourselves, nature or others may seem like a sign of autonomy, power and self-determination, but it is often an illusion and not always desirable. Art …
Myth of the Super-constitution
Av Arthur J. Jacobson, Uriel Procaccia
Häftad, 2025
1210 kr
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Normally, all laws within any given jurisdiction ought to conform to some “higher” legal imperative called a “constitution”. In modern times, constitutions are usually embedded in a formal document, and laws that fail to meet this standard are held to be “unconstitutional” and adjudicated null and …
Law Meets Film
Taxonomy of an Encounter
Av Gianmaria Ajani, Lucie Bader m. fl.
Häftad, 2026
1021 kr
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This series of eight articles connected by the common theme ‘Law Meets Film’ presents a thought-provoking analysis of law and legal protagonists as seen in the movies of contemporary filmmakers. It distinguishes courtroom dramas, films on legal problems, and films mirroring law, ranging from …