FORM AND FUNCTION OF THE LITERARY TEXT AS THE CRITERIA FOR DISTINCTION BETWEEN ARTISTIC AND OTHER FORMS OF EXPRESSION

Abstract

Despite being incorporated in many legal acts, freedom of artistic expression is still insufficiently developed and analysed in the case law and legal theory. One of the problems, in addition to a small number of relevant publications, is that the legal analysis of art is not open enough for ideas and insights of some other, non-legal disciplines. The aim of this article is to provide a bit different view on the relationship between the law and art. Introduction shows  basic problems that follow the freedom of artistic expression, and it also explains why this paper chose specifically literature as the object of its inquiry. The main reason is that language is a tool which law and literature have in common. The second chapter sets literary and theoretical framework for analysis starting from the idea that literary text is a structure composed of formal and substantive elements important in creating the meaning of the structure itself. Moreover, literary text has two general functions, social and aestethic, which can be recognized in the text by some characteristic expressions. In the third chapter, ECHR case law shall be analysed regarding some of literary text types while using the theoretical framework set from the previous chapter. The conclusion outlines three potential benefits that law could gain by being more open for the insights of the literary theory.