Can Art be a New Space for Radical Legal Thinking?
| Název česky | Může být umění novým prostorem pro radikální právní myšlení? |
|---|---|
| Autoři | |
| Rok publikování | 2011 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | Facing the development of technology, new sources of power in society, enlarging the area affected by law and proliferation of law, there rises a need to find new possibilities for studying the law. The radical thinking about law invoked changes that have helped to understand law and disclose the main power relations conserved by legal system. While the technological changes (development of new technologies, development of new means of communication etc.) can move the law beyond the creativity of people, the art can offer more human picture of law. Logic, economic or, mathematic principles are the fashionable methods of understanding the law. They offer an illusion of objective and rational picture of law make possible the cases deciding which is free of arbitrary creativity of deciding subject. Fifty years ago warned against this approach Theodor W. Adorno who studied the consequences of such technologisation and rationalization of law (and other means in society). Although these methods are popular, to understand them is not so easy; probably only a small part of the people using these methods really understands their principles. Ironically this situation can evoke democratization process in law: everyone will operate within popular pictures of this methodology. But as a consequence the objectivity and the reason will disappear. I suppose that more human approach to law offers literature or generally the art because it reflects the deciding process as the process of a creation rather than system of the logical consequences. The paper presented should answer questions connected to application of art in describing and understanding the law such as: What are the limits of using an art in law? Can application of art in law lead to preservation of current status-quo? |
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