Artistic expression, aesthetic value and the law


Artistic expression, aesthetic value and the law

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dc.contributor.advisor Higgins, Kathleen Marie
dc.creator Neilson, Jennifer A. 2011-06-10T15:18:44Z 2011-06-10T15:18:56Z 2011-06-10T15:18:44Z 2011-06-10T15:18:56Z 2011-05 2011-06-10 May 2011
dc.description.abstract The aim of this project is to develop a legally relevant theory of artistic value, based on which a judge can reliably determine whether a work has sufficient such value to be granted constitutional protection, even though it would otherwise count as obscene. Within this framework I argue that a moral flaw can count as an aesthetic virtue in a narrative work, at least when the audience learns something from the immoral content of the work. Since expert testimony is sometimes required in legal cases about artistic value, I also develop a legally applicable theory of aesthetic testimony, such that expert testimony can be used to determine the valence of aesthetic properties, which is essential in determining a work‘s overall artistic value. My theory of which properties of works are relevant to their aesthetic evaluation depends both on which categories the work is appreciated in, and on the conventions of those categories. I address these issues within Canadian and American legal contexts.
dc.format.mimetype application/pdf
dc.language.iso eng
dc.subject Aesthetics
dc.subject Philosophy of art
dc.subject Aesthetic value
dc.subject Artistic value
dc.subject Moral value
dc.subject Artistic expression
dc.subject Law
dc.subject Obscenity
dc.subject Testimony
dc.subject Legal value
dc.subject Law and art
dc.title Artistic expression, aesthetic value and the law 2011-06-10T15:18:56Z
dc.contributor.committeeMember Malmgren, Anna-Sara
dc.contributor.committeeMember Martinich, Aloysius P.
dc.contributor.committeeMember Walton, Kendall
dc.contributor.committeeMember Woodruff, Paul
dc.description.department Philosophy
dc.type.genre thesis
dc.type.material text Philosophy Philosophy University of Texas at Austin Doctoral Doctor of Philosophy

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