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Journal articles on the topic 'Limits of artistic freedom'

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1

Ciulkin-Sarnocińska, Katarzyna. "Zakres swobody wypowiedzi artystycznej w świetle prawa karnego." Studia Prawnoustrojowe, no. 44 (January 6, 2020): 21–31. http://dx.doi.org/10.31648/sp.4893.

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The author raises the question of the scope of freedom of artistic creationin the light of Polish criminal law. Artistic creation has always been an important area of human activity. It is associated directly or indirectly withother aspects of life, including religion, culture and politics. Its progress andtransformation is accompanied by constant controversy about the limits ofits freedom involving debates based on the grounds of philosophy, ethics,aesthetics and the law. Despite the signifcant place of art in human life, theguarantee freedom of artistic creation is one of the youngest and least examined rights. The analysis contains three groups of issues. The frst topic isdevoted to the scope of the freedom of artistic creation. The analysis wassubjected to provisions conferring freedom, but also showing the limits of therange of action of the artist. The second part of the paper covers offenceswhich they can usually prevent, i.e. the offence of defamation of religion andthe offence of the public presentation of pornographic content. The third partaddresses the issue of the limits of artistic freedom presented on the basis ofhigh-profle examples of Polish lawsuits.
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Yi, Sangdon. "Artistic Freedom of Painting Production and Criminal Legal Limits of Painting Transactions." KOREAN CRIMINOLOGICAL REVIEW 31, no. 3 (September 30, 2020): 1–36. http://dx.doi.org/10.36889/kcr.2020.09.30.3.1.

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Konovalova, Olga. "Art project to Kiev hills " Fictitious Gallery Expedition " as a unique declaration of freedom of artistic practice." SOCIETY, INTEGRATION, EDUCATION. Proceedings of the International Scientific Conference 2 (July 24, 2015): 467. http://dx.doi.org/10.17770/sie2014vol2.641.

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This article is dedicated to analysis of the Kiev artists' art project "Fiction Gallery Expedition" ("FGE"). The purpose of the article is to reveal the essence of understanding the artistic creativity freedom by summarizing the results of art review and by studying existence of objects in society. Relevance of the study is in presentation of poorly studied phenomenon of Kiev artistic sphere of the end of XX and beginning of the ХХI century. Study of the question of creativity freedom will reveal the distinction between bias of the contemporary artist and occasional manifestations of freedom, teetering on the edge of legality. The concept of "artistic freedom" in art has almost always been regulated by certain conditions, starting with the exhibition space and ending with social, moral and ethical laws. In this study, the author finds no limits of creativity determined by the courage, deep intuition of the artistic nature, rational and audacious embodiment of design into the unique landscape of Kiev.
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Bratuś, Diana. "Правовые пределы свободы творчества." Studia Iuridica 70 (November 8, 2017): 75–85. http://dx.doi.org/10.5604/01.3001.0010.5642.

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The author based on the fundamental ideas freedom of opinion and expression, prohibition of censorship, etc. analyses the natural and legal content of the principle of artistic freedom in copyright law and the limits of this freedom. The author builds a position to address specific theoretical and applied problems, compares the mechanisms of protection of moral rights in terms of public and civil law.
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Karaca, Banu. "Images delegitimized and discouraged: Explicitly political art and the arbitrariness of the unspeakable." New Perspectives on Turkey 45 (2011): 155–83. http://dx.doi.org/10.1017/s0896634600001345.

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AbstractWhile the increasing interest in contemporary art from Turkey has centered on explicitly political works, discussions on the limitations of the freedom of expression have likewise come under the spotlight, not least with regard to Turkey's EU candidacy. In contrast to the attempts of complete suppression marking the 1980 coup d'état and its aftermath, current censorship mechanisms aim to delegitimize and discourage artistic expressions (and their circulation) that can be construed as threatening the territorial integrity and sovereignty of the Turkish state, and to turn their producers into targets. This article investigates selected images produced in the contemporary art world between 2005 and 2008, which were taken to transcend the limits of what constitutes tolerable depictions of Turkey's socio-political realities. It examines current modalities of censorship in the visual arts and the different actors involved in silencing efforts. The cases show that within these fields of delimitation there are considerable contingencies: The domain of the unspeakable remains unclearly mapped. I argue that it is because, not despite, this arbitrariness that delegitimizing interventions are successful, in that they (a) create incentives for self-censorship, and (b) produce defenses of artistic freedom that, by highlighting the autonomy of art, to some extent consolidate a conceptual separation of art from politics.
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Bogdan, Stanca Maria. "Romanian National Opera of Cluj-Napoca – a Century of Existence beyond the Limits of the Times." Theatrical Colloquia 10, no. 2 (December 1, 2020): 70–84. http://dx.doi.org/10.2478/tco-2020-0021.

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AbstractOn September 18, 2019, the Romanian National Opera of Cluj- Napoca celebrated its 100th anniversary and on May 25, 2020, it also celebrated a century from its inaugural performance. The birth of a cultural institution represents in itself the first overcoming of a limit: the limit of perpetuity. The concept of limit arose with the awareness of the finite essence of human nature in relation to its need for evolution and, concurrently, with the craving for freedom, exemplary being a desirable consequence of challenging the limit. In this context, humans discovered and endowed art concurrently with the purpose and gift of sublimating them, of guide them in their effort to explore, understand, affirm and overcome their condition. From the multitude of artistic expressions, opera appears to be, perhaps, the most complex genre. From this perspective, the Romanian National Opera of Cluj-Napoca not only has the virtue of being the first institution of this kind in the country, but also of fully observing its artistic status, of triumphantly overcoming all the challenges it, at a historical scale, through the mists of time. Now that the institution has celebrated its centennial, this is no longer a mere trial, but a confirmation. Through its accomplishments, the Cluj Opera has all arguments to be confident in its ability to persevere in going beyond the most recurrent of limits: the future.
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Doyon-Bernard, S. J. "From Twining to Triple Cloth: Experimentation and Innovation in Ancient Peruvian Weaving (ca. 5000-400 B.C.)." American Antiquity 55, no. 1 (January 1990): 68–87. http://dx.doi.org/10.2307/281493.

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A chronological sequence for the introduction of the major categories of loom weaves in the Initial period and Early Horizon of prehistoric Peru reveals a process of experimentation that begins with primarily suprastructural and discontinuous decoration and culminates with the achievement of designs that are wedded materially to the weave. Three major innovations allowed for this dramatic advance: (1) the use of multiple heddles, which is found surprisingly early in the sequence; (2) the recognition of the full potential of the “cross” to vary the selection of the warps from the fixed order in the heddles, and (3) the related application of the complementary principle, in which one colored yarn is substituted for its partner in a contrasting hue. Through the elaboration of these truly revolutionary discoveries, the last limits to artistic freedom were removed and weaving technology rapidly advanced to include the full repertoire of loom-weave classes known in the Andes.
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Ovchinina, Irina A. "“This… is written for pundits” (Alexander Ostrovsky’s play “It's Not All Shrovetide for the Cat”)." Vestnik of Kostroma State University 26, no. 4 (January 28, 2021): 83–88. http://dx.doi.org/10.34216/1998-0817-2020-26-4-83-88.

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The article considers some specific artistic features of Alexander Ostrovsky’s play “It's Not All Shrovetide for the Cat”. Special attention is paid to the character of the conflict and to the peculiarities of the drama action development. In this connection some new things in the poetics and the system of personages are underlined, and this refutes the existing critical opinion that Alexander Ostrovsky repeats himself in his themes and images, that the play manifests the recline of the playwright’s talent. First and foremost, the article pays attention to the fact how the play reflects the Russian mode of life, morals and manners after the Serfdom Abolition reform when freedom of thought is displayed by common uneducated people who are striving for their human happiness. Comic situations in the scenes from Moscow life “It's Not All Shrovetide for the Cat” as well as in other Alexander Ostrovsky’s plays go with uneasy, dramatic in their essence moments and the combination is absolutely organic. The article points to the play’s pronounced theatricality and also to the role of those personages who do not appear on the stage directly but act in the situations which happen beyond the stage limits.
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LOYOLA RÍOS, NÉSTOR DANIEL. "EL HUMOR EN LOS TIEMPOS DE CÓLERA: UNA REFLEXIÓN SOBRE LA LIBERTAD DE EXPRESIÓN EN EL ÁMBITO ARTÍSTICO." YachaQ Revista de Derecho, no. 10 (December 30, 2019): 95–108. http://dx.doi.org/10.51343/yq.vi10.384.

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El autor desarrolla el contenido del derecho a la libertad de expresión en su modalidad artística y señala que su ejercicio entraña a su vez el reconocimiento de un derecho implícito a la irreverencia. También, sostiene que el arte, como herramienta de comunicación social, debe ser entendido en el marco de un Estado constitucional cultural que garantiza la autorrealización del ser humano y el fortalecimiento de su capacidad crítica y reflexiva mediante el acceso a la cultura, la ciencia y las artes. Finalmente, se proponen casos emblemáticos a nivel comparado que evidencian los límites a este derecho, así como los criterios y métodos para resolver las colisiones con otros derechos fundamentales. The author develops the content of the right to freedom of expression in its artistic form and points out that its exercise also entails the recognition of an implicit right to irreverence. He also maintains that art, as a tool of social communication, must be understood within the framework of a constitutional cultural state that guarantees the self-realization of the human being and the strengthening of its critical and reflective capacity through access to culture,science and the arts. Finally, emblematic cases are proposed at a compared level that show the limits to this right, as well as the criteria and methods to resolve the collisions whit other fundamental rights.
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Rigg, Patricia D. "Legal “Repristination” inThe Ring and the Book." Browning Institute Studies 18 (1990): 113–30. http://dx.doi.org/10.1017/s0092472500002893.

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For browning, the central issue inThe Ring and the Bookis perception of the finite limits of the human capacity for recognizing truth. For the critical reader, the central issue is perhaps better expressed as Browning'sawarenessof his own capacity for re-creating or “repristinating” the past. Critics have labelled Browning's work as either relativistic or ironic, often using these terms as the poles of a continuum upon which the accuracy of Browning's perceptions might be measured. For example, Robert Langbaum sees relativism as the basis of the poem's associational coherence: “The organized facts are ‘one fact the more.’ The principle of organization is inseparable from the facts because without it the facts would not be knowable. To know anything we must imagine it” (15). W. David Shaw understands irony and relativism to be mutually exclusive (239). He argues that Browning structures his poem by the dialectical irony which arises out of the movement of Guido's guilt and the corresponding movement of Pompilia's innocence. I suggest that relativism and irony come together once one recognizes the close relationship between historicity and fantasy and the rather serious implications this relationship has for the kind of truth Browning suggests his poem specifies. That is, the act of artistic creativity allows the poet to express with freedom intuitive insights into the world of unlimited possibility, or infinity, and indeed, it is for an ever closer approach to the infinite that he or she strives artistically.
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Saro, Anneli. "Nõukogude tsensuuri mehhanismid, stateegiad ja tabuteemad Eesti teatris [Abstract: Mechanisms, strategies and taboo topics of Soviet censorship in Estonian theatre]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 4 (September 9, 2019): 283–304. http://dx.doi.org/10.12697/aa.2018.4.02.

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Abstract: Mechanisms, strategies and taboo topics of Soviet censorship in Estonian theatre Since theatre in the Soviet Union had to be first of all a propaganda and educational institution, the activity, repertoire and every single production of the theatre was subject to certain ideological and artistic prescriptions. Theatre artists were not subject to any official regulations regarding forbidden topics or ways of representation, thus the nature of censorship manifested itself to them in practice. Lists of forbidden authors and works greatly affected politics related to repertoire until the mid-1950s but much less afterwards. Research on censorship is hampered by the fact that it was predominately oral, based on phone or face-to-face conversations, and corresponding documentation has been systematically destroyed. This article is primarily based on memoirs and research conducted by people who were active in the Soviet theatre system. It systematises the empirical material into four parts: 1) mechanisms of censorship, 2) forms and strategies, 3) counter-strategies against censorship and 4) taboo topics. Despite the attempt to map theatre censorship in Estonia after the Second World War (1945–1990), most of the material concerns the period from the mid-1960s to the mid-1980s. This can be explained by the age of the respondents, but it can also be related to the fact that the Soviet control system became more liberal or ambiguous after the Khrushchev thaw encouraged theatre artists and officials to test the limits of freedom. The mechanisms of theatre censorship were multifaceted. Ideological correctness and the artistic maturity of repertoire and single productions were officially controlled by the Arts Administration (1940–1975) and afterwards by the Theatre Administration (1975–1990) under the supervision of the Ministry of Culture. Performing rights for new texts were allocated by the Main Administration for Literary and Publishing Affairs (Glavlit): texts by foreign authors were approved by the central office in Moscow, and texts by local authors were approved by local offices. The third censorship agency was the artistic committee that operated in every single theatre. Nevertheless, the most powerful institution was the Department of Culture of the Central Committee of the Communist Party of Estonia, whose influence on artistic issues had to be kept confidential by the parties involved. On top of all this, there was the hidden power and omnipresent network of agents of the Committee for State Security (KGB). Some audience members also acted as self-appointed censors. The network and system of censorship made the control system almost total and permanent, also enforcing self-censorship. Forms of censorship can be divided into preventive and punitive censorship, and strategies into direct and indirect censorship. Soviet censorship institutions mostly applied preventive censorship to plays or parts of productions, but hardly any production was cancelled before its premiere because that would have had undesirable financial consequences. Punitive censorship after the premiere was meant for correcting mistakes when the political climate changed or if a censor had been too reckless/lenient/clever, or if actors/audiences had started emphasising implicit meanings. Preventive censorship was predominantly direct and punitive censorship indirect (compelling directors to change mise en scènes or prescribing the number of performances). Indirect censorship can be characterised by ambiguity and allusions. A distinction can be made between preventive and punitive censorship in the context of single productions, but when forbidden authors, works or topics were involved, these two forms often merged. The plurality of censorship institutions or mechanisms, and shared responsibility led to a playful situation where parties on both sides of the front line were constantly changing, enabling theatre artists to use different counter-strategies against censorship. Two main battlefields were the mass media and meetings of the artistic committees, where new productions were introduced. The most common counter-strategies were the empowerment of productions and directors with opinions from experts and public figures (used also as a tool of censorship), providing ideologically correct interpretations of productions, overstated/insincere self-criticism on the part of theatre artists, concealing dangerous information (names of authors, original titles of texts, etc.), establishing relationships based on mutual trust with representatives of censorship institutions for greater artistic freedom, applying for help from central institutions of the Soviet Union against local authorities, and delating on censors. At the same time, a censor could fight for freedom of expression or a critic could work ambivalently as support or protection. In addition to forbidden authors whose biography, world view or works were unacceptable to Soviet authorities, there was an implicit list of dangerous topics: criticism of the Soviet Union as a state and a representative of the socialist way of life, positive representations of capitalist countries and their lifestyles, national independence and symbols of the independent Republic of Estonia (incl. blue-black-white colour combinations), idealisation of the past and the bourgeoisie, derogation of the Russian language and nation, violence and harassment by Soviet authorities, pessimism and lack of positive character, religious propaganda, sexuality and intimacy. When comparing the list of forbidden topics with analogous ones in other countries, for example in the United Kingdom where censorship was abolished in 1968, it appears that at a general level the topics are quite similar, but priorities are reversed: Western censorship was dealing with moral issues while its Eastern counterpart was engaged with political issues. It can be concluded that all censorship systems are somehow similar, embracing both the areas of restrictions and the areas of freedom and role play, providing individuals on both sides of the front line with opportunities to interpret and embody their roles according their world view and ethics. Censorship of arts is still an issue nowadays, even when it is hidden or neglected.
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Sarzi-Ribeiro, Regilene Aparecida, and João Victor Kurohiji Bonani. "EXPERIMENTAÇÕES ARTÍSTICAS NA ANIMAÇÃO OCIDENTAL: BEGONE DULL CARE." Arteriais - Revista do Programa de Pós-Gradução em Artes 5, no. 8 (July 6, 2020): 72. http://dx.doi.org/10.18542/arteriais.v5i8.8918.

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ResumoO presente artigo tem como tema a animação experimental e suas características, campo repleto de inovações técnicas e artísticas que é mantido à margem dos estudos sobre o cinema animado. Portanto, tem como objetivos definir certas características de uma animação experimental e identificar e descrever traços e características do que se considera uma animação experimental no curta animado “Begone Dull Care” (1949) de Norman McLaren (1914-1987) e Evelyn Lambart (1914-1999) através de uma pesquisa teórica, bibliográfica e descritiva do tipo qualitativa, de natureza básica/pura a partir da coleta de dados e análise documental que compreende a identificação, verificação e apreciação de documentos (bibliográficos e obras audiovisuais) com determinados fins, como análise de conteúdo por meio da descrição do filme de animação “Begone Dull Care” (1949). Diferente da animação comercial que tem como objetivo comercial agradar o público sem a preocupação da satisfação artística ou pessoal dos animadores dos estúdios, e buscar soluções formais que facilitem a produção em larga escala dos filmes animados, a animação experimental vai se distinguir por experimentações técnicas e estéticas que desafiam os limites da linguagem e ampliam seu potencial expressivo. Com caráter de vanguarda, voltada à criação artística e à experimentação, a animação experimental terá desenvolvimento na Europa do início do séc. XX. Artistas como McLaren e Oskar Fischinger exploraram técnicas que ampliam o potencial plástico das animações. O termo incorporou diversas nomenclaturas ao longo dos anos como animação independente ou de autor. “Begone Dull Care” é produto desse espírito que desafia o tradicional através de experimentações. Nele, McLaren utiliza o método de animação direto sobre a película e sincroniza cores e formas gráficas animadas pelo som de jazz. McLaren e Lambart adotam formas simplificadas e abstratas para maior liberdade de criação e, durante tal processo empírico, incorporam imprevistos, acidentes e materiais não convencionais como potencializadores da expressividade através de suas experimentações com a materialidade do filme.AbstractThe present article has as its theme the experimental animation and its characteristics, a field full of technical and artistic innovations that is kept aside from the studies on animated cinema. Therefore, it aims to define certain characteristics of an experimental animation and to identify and describe traits and characteristics of what is considered an experimental animation in the animated short film Begone Dull Care in Norman McLaren’s (1914-1987) and Evelyn Lambart (1914). Bibliographical and audio-visual works with a specific purpose, such as the identification, verification and evaluation of documents (bibliographical and audiovisual works), of a basic / pure nature, based on data collection and documentary analysis, as content analysis through the description of the animated film “Begone Dull Care” (1949). Unlike commercial animation that aims to please the public without the concern of the artistic or personal satisfaction of studio animators, and seek formal solutions that facilitate the large-scale production of animated films, the experimental animation will be distinguished by technical experimentation and aesthetics that challenge the limits of language and amplify its expressive potential. With avant-garde character, focused on artistic creation and experimentation, the experimental animation will be developed in Europe at the beginning of the century. XX. Artists like McLaren and Oskar Fischinger explored techniques that amplify the plastic potential of animations. The term has incorporated several nomenclatures over the years as independent or author animation. “Begone Dull Care” is a product of this spirit that challenges the traditional through experimentation. In it, McLaren uses the direct animation method on the film and synchronizes colors and graphic shapes animated by the sound of jazz. McLaren and Lambart adopt simplified and abstract forms for greater freedom of creation and, during such an empirical process, incorporate contingencies, accidents and unconventional materials as enhancers of expressiveness through their experimentation with the materiality of the film.
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Strossen, Nadine. "Academic Freedom and Artistic Freedom." Academe 79, no. 1 (1993): 30. http://dx.doi.org/10.2307/40250436.

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O'Neil, Robert M. "Artistic Freedom and Academic Freedom." Law and Contemporary Problems 53, no. 3 (1990): 177. http://dx.doi.org/10.2307/1191796.

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Musneckienė, Edita. "Issue of Integrity of Art Education in the Context of Changes in Art and Visual Culture." Pedagogika 114, no. 2 (June 10, 2014): 167–79. http://dx.doi.org/10.15823/p.2014.014.

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This article examines a paradigmatic change of contemporary art education in the context of visual culture and focus to the integrity of arts in formal and informal art education. The article is based on an international research “Contemporary art and visual culture in education” which reveals the problematic aspects of contemporary arts and visual culture in education in general. The research method was the discourse analysis of the participants and researchers, who presented the insights in reflective groups and during the interview with teachers and educators.This paper explores how contemporary cultural context and the spread of visual culture provide preconditions for changes in art education. The aim of the article is to analyze theproblems and perspectives of integral arts education in formal and non-formal education: what the educational challenges and opportunities appear in the context of contemporary art and visual culture? How the integral arts could be realized in art education practice in different arts disciplines and areas of education?Contemporary art and visual culture is increasingly multidimensional, the wide range of visual art forms integral with per formative arts, new technologies and media merge the limits between the arts disciplines. That becomes relevant pedagogical problem with the fact that arts education is traditionally allocated to the separate arts subjects such as music, art, theatre, dance, which also can also be divided into separate areas. This subject segregation of the school curriculum and strong subject orientation limits multimodal contemporary arts education. Secondary Education programs provide opportunities for several options of arts education disciplines (photography, cinema art, graphic design, contemporary music technologies), but it needs special resources for the schools and professional teachers. Many schools follow on traditional model of teaching art and still focusing on simple interpretation of modern artworks, different media and technical skills.Contemporary model of teaching integrated arts and visual culture in education is challenging, because it is based on visual literacy and critical thinking skills, it emphasizes inquiry-based education, a critical understanding of contemporary art practices, problem solving and creating new valuable ideas. Knowledge and experiences came from various sources: formal, non-formal, accidental, individual.Great potential for contemporary art education has non-formal art education programs and projects. Successful project-based initiatives in art education have been excellent examples of arts integration.Artists and other creative people involved into a process of education, their collaboration with schools and communities could initiate some interdisciplinary and collaborative practices. Non-formal arts education environment creates more space for creativity, freedom and diversity. Additional arts education programs, museum and gallery education, artistic competitions and international projects allows for the wider development of arts education. Art education in the new age requires changing attitudes towards learning and teaching, changing roles of the educator and new learning environments.
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Razumov, A. E. "Man in Time: Russia — the Last Century." Philosophical Letters. Russian and European Dialogue 3, no. 4 (December 2020): 203–18. http://dx.doi.org/10.17323/2658-5413-2020-3-4-203-218.

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The last century is filled with victories and failures, passions, and interests. World wars and revolutions, the change of political regimes, ideologies, and ideological orientations — all this provoked a formation of social and political chaos, which sometimes had to be overcome in a totalitarian way through sole commanding and by one-party dictatorship. At the same time, one can observe the successes of cognition, culture, scientific and technological development, which, however, can hardly be called “progress”. Because the mass destruction weapons of certain “partners” in globalism have also been increased. Ready for self-destruction, “man in time” did not become yet the master of his destiny in the last century, but in many ways remained a mystery to himself. Despite the fact that over the past century man has learned a lot about his own psychology, consciousness and subconscious, he still needs further self-knowledge no less than in those times when the Oracle of Delphi called for it. Today, as ancient times, one needs to know better what motivates his sometimes rational, and sometimes, mildly speaking, very strange behavior. Who is man in time? To understand this, one must go beyond the limits of itself being to other times and spaces. Even to times and spaces of a cosmic scale, to the spaces and to the depths of our Universe, where a man was born and will disappear, perhaps preserved in its cosmic memory. The memory of the Universe is symbolized by world constants that arose as a result of the Big Bang and the birth of the Universe from a singularity point. Memory of man inherits this property of the Cosmos. The memory is a system-forming factor that creates man and its world. This is what rigorous science can offer to explain the cosmic origin of man and his memory. Artistic imagery can continue the efforts of science. Culture, literature, first of all, can create imageries that will tell about man and his time more than abstract theory. The imageries will tell that man has not yet lost his freedom of creativity. He must remember the past, live in the present, look and go to the future.
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Strossen, Nadine. "Academic and Artistic Freedom." Academe 78, no. 6 (1992): 8. http://dx.doi.org/10.2307/40250406.

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Glanville, Jo. "Limits of Freedom." Index on Censorship 40, no. 3 (September 2011): 3–5. http://dx.doi.org/10.1177/0306422011419469.

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Lyons, Beauvais. "Artistic Freedom and the University." Art Journal 50, no. 4 (1991): 77. http://dx.doi.org/10.2307/777327.

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Stern, Carol Simpson. "Academic freedom and artistic expression." New Directions for Higher Education 1994, no. 88 (1994): 45–58. http://dx.doi.org/10.1002/he.36919948806.

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Lyons, Beauvais. "Artistic Freedom and the University." Art Journal 50, no. 4 (December 1991): 77–83. http://dx.doi.org/10.1080/00043249.1991.10791483.

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Djajić, Sanja, and Dubravka Lazić. "Artistic expression: freedom or curse?" Age of Human Rights Journal, no. 17 (December 17, 2021): 97–124. http://dx.doi.org/10.17561/tahrj.v17.6269.

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The purpose of this contribution is to evaluate the jurisprudence of the European Court of Human Rights (ECtHR) in freedom of artistic expression cases dealing with visual and performance arts. The reasons for this particular evaluation are salient to the fact that the ECtHR has consistently provided a lesser level of protection to artistic expression than to political expression. The aim of this article is to challenge the approach of the Court to the freedom of artistic expression in relation to visual and performance arts. The critical evaluation is based on two different but complementary grounds: contemporary theory of art critique of the ECtHR’s understanding of art and critique based on the ECtHR’s own political freedom of expression cases. The argument of the authors is that the ECtHR approach to visual and performance arts as an exercise in ethics and aesthetics is contradicted by contemporary art theory and practice which invariably assumes the societal role of art, its potential subversive and transformative function within a society at large, and, ultimately, its lato sensu political value. In addition, visual and performance arts are powerful yet fragile instruments for delivering the debate to society at large. Viewed from this perspective, artistic expression has the same beneficial effect on a democratic society as political expression stricto sensu. Therefore, the rationales underpinning protection of political expression are essentially the same as those of artistic expression, therefore the ECtHR should extend the same level of legal protection to arts and artists to keep valuable social dialogue alive.
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Kakungulu-Mayambala, Ronald, Rukundo Solomon, and Victor Philip Makmot. "An Examination of the Legislative Limitations of Artistic Freedom of Expression in Uganda." African Journal of Legal Studies 12, no. 1 (December 18, 2019): 47–80. http://dx.doi.org/10.1163/17087384-12340043.

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Abstract Artistic freedom of expression is guaranteed under the 1995 Constitution of the Republic of Uganda and other international instruments. This paper examines its application in all forms of art including paintings, music, poetry, novels, and plays. The paper examines the different legislation used in the restriction of artistic freedom of expression. It argues that these restrictions are contrary to the guarantees of freedom of expression provided in the Constitution and in various regional and international instruments. Part I of this paper gives a historical background to artistic freedom of expression noting how it has been suppressed since colonial times. Part II examines international protection of artistic freedom of expression while Part III analyses the protection of artistic freedom of expression in Uganda as guaranteed by the Constitution. Part IV analyses the legislation limiting artistic freedom of expression and highlights how these are incompatible with international and local human rights standards. Part V puts forward the case for artistic freedom of expression. Finally, Part VI provides the conclusion.
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24

Hughes, Liam. "Some Limits to Freedom." Philosophical Investigations 15, no. 4 (October 1992): 329–45. http://dx.doi.org/10.1111/j.1467-9205.1992.tb00253.x.

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25

Lankford, E. Louis. "Artistic Freedom: An Art World Paradox." Journal of Aesthetic Education 24, no. 3 (1990): 15. http://dx.doi.org/10.2307/3332796.

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26

Anderson, Travis T. "Artistic Freedom in Kant and Hegel." Philosophy in the Contemporary World 22, no. 1 (2015): 67–79. http://dx.doi.org/10.5840/pcw20152216.

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27

McNiff, Shaun. "Freedom of research and artistic inquiry." Arts in Psychotherapy 13, no. 4 (December 1986): 279–84. http://dx.doi.org/10.1016/0197-4556(86)90028-6.

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28

Mamvuto, Attwell. "Interfacing Artistic Freedom, Censorship, and Pedagogy: An Interview With Artist-Teacher Chikonzero Chazunguza." Visual Arts Research 47, no. 2 (December 1, 2021): 89–101. http://dx.doi.org/10.5406/visuartsrese.47.2.0089.

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Abstract Artistic freedom and censorship are correlated constructs that are overtly and covertly applied, arguably, for the proper functioning of society. This is reflected in the cliché “the more censorship there is, the less freedom is accorded to the artist.” While the artist demands their artistic freedom as espoused in democratic principles, the censor argues that it is their obligation to control the content of artistic expression for various reasons. The ensuing contention impacts on curricula content and teachers’ pedagogical initiatives. In this paper, I explore the views of a renowned Zimbabwean contemporary visual artist-teacher, Chikonzero Chazunguza, on the interconnectedness of the social pillars of artistic freedom, censorship, and pedagogy, and their benefit to art education. I attempt to decipher the nexus between censorship and artistic freedom.
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29

Kotkiewicz, Aurelia. "„Wstrzymaj się chwilo! Ty jesteś tak piękną!” Motyw Fausta w literaturze rosyjskiej lat dwudziestych i trzydziestych XX wieku." Slavica Wratislaviensia 163 (March 17, 2017): 177–89. http://dx.doi.org/10.19195/0137-1150.163.15.

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‘‘Ah, linger on, thou art so fair!”: The faustian motifin the Russian literature of the 1920s–1930sThe faustian motif is one of the most important themes of European literature. The 16th-century German alchemist and magician is asymbol of afree and independent human being, obsessed by the idea of transgressing all the boundaries in order to gain absolute knowledge. Highly ambiguous and semantically loaded, the Faustian figure also appears in the works of many Russian writers, such as Vasily Zhukovsky, Alexander Pushkin, Valery Bryusov and Leonid Andreyev; it is also present in the theory of God-Building propounded by Maxim Gorky and Anatoly Lunacharsky. In his play Faust and the City, Lunacharsky proposed an interpretative paradigm of the faustian myth that was implemented in the Russian literature of the 1920s–1930s. This paradigm offered areading of Faustian dilemmas in the context of anew post-revolutionary epoch, emphasizing the socio-ideological dimension of the aspect of transcendence. The reinterpretation of the German writer’s theme of perennial youth, good and evil, and the limits of human freedom found its artistic reflection in the works of such outstanding writers of the 1920–1930s as Mikhail Bulgakov, Yury Olesha, Yevgeny Zamyatin, Mikhail Zoshchenko, Daniil Kharms, Vladimir Mayakovsky and Osip Mandelstam.Yearning for eternal youth, for transgressing temporal and spatial borders and achieving happiness in earthly life testifies to humans’ fear of old age and death. In the works of the Russian writers mentioned above the faustian motif can be understood not only as an expression of moral and ideological dilemmas but first and foremost as an attempt to escape from loneliness and social alienation in the situation of ideological pressure.„Остановись, мгновенье, — ты прекрасно!” Фаустовский мотив в русской литературе20-х и 30-х годов XX векаФауст — это метафора свободного и независимого существа, одержимого идеей перешагнуть всевозможные границы с целью достижения абсолютного познания. Фаустовский мотив — один из важнейших в европейской литературе, также появляется в творчестве русских писателей: Василия Жуковского, Александра Пушкина, Валерия Брюсова, Леонида Андреева. Можно его также обнаружить в философии богостроительства Максима Горького и Анатолия Луначарского. В своей драме Фауст и город Луначарский дал образец интерпретации фаустовского мотива, который появляется затем в русской литературе 20-х и 30-х годов XX века. Он рассматривается нами в контексте новой послереволюционной эпохи, для которой трансцендентность приобретает социально-идеологическое толкoвание. Реинтерпретация предпринятой Гете темы вечной молодости, познания добра и зла, границ человеческой свободы, нашла художественное воплощение в творчестве Михаила Булгакова, Юрия Олеши, Евгения Замятина, Михаиля Зощенко, Владимира Маяковского, Осипа Мандельштама. Тоска по вечной молодости и достижению счастья на земле олицетворяет извечный страх человека перед старостью и смертью. Фаустовский мотив можно толковать как выражение этических и мировоззренческих дилемм вышеупомянутых писателей, но прежде всего как попытку бегства от одиночества в условиях идеологического давления.
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30

Kim, Sung-Ryong. "Creative Artistic Activities and Freedom of Expression." Legal Studies Institute of Chosun University 23, no. 2 (August 4, 2016): 153–77. http://dx.doi.org/10.18189/isicu.2016.23.2.153.

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31

Freeman, Mark. "Artistic Creativity and the Meaning of Freedom." Journal of Humanistic Psychology 30, no. 2 (April 1990): 109–25. http://dx.doi.org/10.1177/0022167890302012.

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32

Kirshbaum, Svetlana. "On the Limits of Freedom." Ethical Thought 17, no. 1 (2017): 70–79. http://dx.doi.org/10.21146/2074-4870-2017-17-1-70-79.

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33

Sťahel, Richard. "Environmental Limits of Personal Freedom." Philosophica Critica 2, no. 1 (June 15, 2016): 3–21. http://dx.doi.org/10.17846/pc.2019.2.1.3-21.

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34

Houlden, Leslie. "The Limits of Theological Freedom." Theology 92, no. 748 (July 1989): 268–76. http://dx.doi.org/10.1177/0040571x8909200404.

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35

Blatterer, Harry. "Friendship’s freedom and gendered limits." European Journal of Social Theory 16, no. 4 (April 16, 2013): 435–56. http://dx.doi.org/10.1177/1368431013484000.

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36

Hyman, Anthony. "Iran's press — freedom within limits." Index on Censorship 19, no. 2 (February 1990): 26. http://dx.doi.org/10.1080/03064229008534794.

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37

Mousavi, Naheed. "The obscure limits of freedom." Index on Censorship 21, no. 3 (March 1992): 18. http://dx.doi.org/10.1080/03064229208535303.

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38

Schuiling, Kerri D., and Joani Slager. "Scope of Practice: Freedom Within Limits." Journal of Midwifery & Women's Health 45, no. 6 (November 12, 2000): 465–71. http://dx.doi.org/10.1016/s1526-9523(00)00070-2.

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39

Majdak, Piotr, and Jakub Mosz. "The limits of freedom in tourism." Seminare. Poszukiwania naukowe. 2018(39), no. 4 (2018): 163–75. http://dx.doi.org/10.21852/sem.2018.4.13.

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40

London, John. "Freedom within limits: the new media." Index on Censorship 19, no. 7 (August 1990): 27–28. http://dx.doi.org/10.1080/03064229008534903.

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41

Vinnyk, Oksana. "Limits of digital freedom: legal aspect." Entrepreneurship, Economy and Law, no. 2 (2021): 36–41. http://dx.doi.org/10.32849/2663-5313/2021.2.07.

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42

Cannon, Joseph. "The Moral Value of Artistic Beauty in Kant." Kantian Review 16, no. 1 (March 8, 2011): 113–26. http://dx.doi.org/10.1017/s1369415410000099.

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AbstractIn the third Critique, Kant argues that it is “always the mark of a good soul” to take an immediate interest in natural beauty, because it indicates an interest in harmony between nature and moral freedom. He, however, denies that there can be a similarly significant interest in artistic beauty. I argue that Kant ought not to deny this value to artistic beauty because his account of fine art as the joint product of the “natural gift” of genius and the discipline of taste commits him to the claim that artistic beauty expresses such a harmony between nature and freedom.
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43

Horvath, Charles M. "The Social Equation: Freedom and its Limits." Business Ethics Quarterly 5, no. 2 (April 1995): 329–52. http://dx.doi.org/10.2307/3857360.

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Abstract:Western business philosophy is rooted in the concepts of free enterprise, free markets, free choice. Yet freedom has its limits. Nature itself imposes constraints. In the state of nature each business must try to accomplish everything autonomously and ward off the attacks of rivals. These activities cost the business a great deal of freedom. The social contract emerges from such anarchy to increase the freedom available to all members of society. It does so by setting limits on individual freedom which actually increase the overall amount of freedom available within the system. The Social Equation presents a relational model of this contract to show how overall freedom is increased in a state of society. In so doing, the obligations which society places on businesses to produce beneficial goods and services is developed. Next, the complex relationship between socially enforced constraints and social moral constraints is examined, showing that social moral constraints increase freedom more than do enforced constraints. This work concludes with proposed uses of the Social Equation as a heuristic for business ethics.
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44

Pérez, Lidia Martínez. "On the Art World, Museum ‘Prisons’ and Artistic Freedom." Journal of Extreme Anthropology 1, no. 2 (September 7, 2017): 26–30. http://dx.doi.org/10.5617/jea.4898.

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A student essay for the Special Student Issue of the Journal of Extreme Anthropology accompanying the art exhibition 'Artist's Waste, Wasted Artists', which opened in Vienna on the 19th of September 2017 and was curated by the students of social anthropology at the University of Vienna. This essay investigates the structure of the art world, as well as the role of museums, likening them to prisons of taste, thus pointing to structural limitations imposed upon the artist, while also showing, using the case of the Viennese photographer Sabine Hauswirth, that even within such system, artistic freedom, or at least its semblance, are possible.
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Macdonald, Ian W., and Jule Selbo. "‘Between artistic freedom and norms’: Universalism, voice and diversity." Journal of Screenwriting 8, no. 2 (June 1, 2017): 111–15. http://dx.doi.org/10.1386/josc.8.2.111_2.

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46

Yang, Li Dan, and Jahng Surng Gahb. "Artistic Freedom of Film Making and Censorship in China." TECHART: Journal of Arts and Imaging Science 8, no. 1 (February 28, 2021): 28–36. http://dx.doi.org/10.15323/techart.2021.2.8.1.28.

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Yeritsian, Gary. "Freedom Above Things: Nietzsche and the Artistic Critique of Capitalism." Critical Sociology 45, no. 2 (February 12, 2018): 227–38. http://dx.doi.org/10.1177/0896920517750743.

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This article has two analytical objectives: to read Nietzsche’s thought as an instance of the ‘artistic critique of capitalism,’ as theorized by Boltanski and Chiapello; and to connect that reading to illustrative historical examples of left-wing movements on which Nietzsche’s artistic critique exerted an influence. It thus brings into question the orthodox Marxist interpretation (associated primarily with Lukács and Mehring) of Nietzsche as a reactionary apologist for imperialism and capitalism. Certainly, Nietzsche’s political philosophy is explicitly elitist and antidemocratic, and thus in no way mounts a ‘social critique’ of the inegalitarianism and exploitation characteristic of modern class society. However, Nietzsche’s opposition to industrial discipline and standardization and his championing of the struggle against generic alienations align him in a profound way with the liberatory impulse of the artistic critique.
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Younés, Samir. "The Empire of Masks: Pluralism and Monism in Politics and Architecture." Philosophy 79, no. 4 (October 2004): 533–51. http://dx.doi.org/10.1017/s0031819104000439.

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This essay assesses the opposition of pluralism and monism with respect to politics and architecture, developing the argument within three general areas: the spurious association between political intentions and architectural character, the distinctions and commonalties between political freedom and artistic freedom, and the adverse effect of inappropriate associations between political content and artistic form in general and, in particular, the perceptual impairment of the processes by which buildings come to be endowed with their suitable character.
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O'Nell, Robert M. "Limits of Freedom: The Ward Churchill Case." Change: The Magazine of Higher Learning 38, no. 5 (September 2006): 34–41. http://dx.doi.org/10.3200/chng.38.5.34-41.

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50

Wang, Stephen. "Reason and the Limits of Existential Freedom." Philosophy Today 50, no. 3 (2006): 338–48. http://dx.doi.org/10.5840/philtoday200650344.

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