Publication details

Právní kýč : Argumenty v zajetí koťátek a lidských práv

Title in English Legal Kitsch: Argumentation in the captivity of kittens and human rights
Authors

MÍŠEK Jakub

Year of publication 2014
Type Article in Proceedings
Conference Kreativita v právu 2014
MU Faculty or unit

Faculty of Law

Citation
Web http://www.law.muni.cz/sborniky/Kreativita_v_pravu_2014.pdf
Field Law sciences
Keywords Legal interpretation; Kitsch; Legal Kitsch; Aesthetics; Argumentation
Description Presented paper presents a concept of a legal kitsch. The paper is based on a conception of kitsch as a pseudo-art and it is searching for parallels between aesthetical impingement of an art work and argumentation and legal effectiveness of a legal text. In the first part of the paper is answered a question whether law can be subject to the aesthetics judgement. The aesthetics kitsch is presented in the second part in accordance with a theory framed by Tomas Kulka. The third part identifies legal kitsch and its signs and manifestations. Practical examples of legal kitsch are discussed also in this part of the article. Finally connections between legal kitsch and moral kitsch as presented by Kundera and Belohradsky are pointed out.

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