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Abstract
The present publication stems from the idea that a comparison between law and literature must be framed starting from the modes in which law and literature function. In this sense, we read law and literature as arts of compromising characterised by an analogous and yet, at the same time, profoundly different structure. Both, in fact, mediate conflicts between norms and transgressions, and more precisely between a principle of normativity (repression) on the one hand, and a principle of counternormativity (repressed) on the other hand. Through a progression in three steps, aimed at clarifying some peculiarities of law (1) and literature (2), and by referring to examples of their interaction (3), some hypotheses are sketched on why a placement across these two arts of compromising suggests some theoretical itineraries on their threshold.
Abstract
The advent of Artificial Intelligence as an “autonomous author” in the various modes of Arts urges the law to rethink the traditional concepts of authorship, originality, and creativity. AI-generated artworks are in search of an author, so to speak, because current copyright laws only offer the solution of the public domain or fragile regulatory mechanisms. Several adjustments have globally led copyright laws to cover new forms of authorship as well as new sorts of works. Yet, the romantic idea of a lone individual as the master of creativeness still influences theoretical elaborations and normative choices. Throughout the 20th century, visual artists have been posing persistent challenges to the law: conceptual art and dematerialization have favored legal mechanisms alternative to copyright law. The case of AIart is, however, different: for the first time, the art world is discovering the perspective of an art without human authors. Rather than preserving the status quo in the legal world, policy makers should consider a reformative conception of AI in copyright law and take inspiration from innovative theories in the field of robot law, where new frames for a legal personhood of artificial agents are proposed. This would also have a spill-over effect on copyright regulations.
Justice Blindfolded gives an overview of the history of “justice” and its iconography through the centuries. Justice has been portrayed as a woman with scales, or holding a sword, or, since the fifteenth century, with her eyes bandaged. This last symbol contains the idea that justice is both impartial and blind, reminding indirectly of the bandaged Christ on the cross, a central figure in the Christian idea of fairness and forgiveness.
In this rich and imaginative journey through history and philosophy, Prosperi manages to convey a full account of the ways justice has been described, portrayed and imagined.
Translation of Giustizia bendata. Percorsi storici di un'immagine (Einaudi, 2008).
In this rich and imaginative journey through history and philosophy, Prosperi manages to convey a full account of the ways justice has been described, portrayed and imagined.
Translation of Giustizia bendata. Percorsi storici di un'immagine (Einaudi, 2008).
The Historical Course of an Image
Series:
Catholic Christendom, 1300-1700
Justice Blindfolded gives an overview of the history of “justice” and its iconography through the centuries. Justice has been portrayed as a woman with scales, or holding a sword, or, since the fifteenth century, with her eyes bandaged. This last symbol contains the idea that justice is both impartial and blind, reminding indirectly of the bandaged Christ on the cross, a central figure in the Christian idea of fairness and forgiveness.
In this rich and imaginative journey through history and philosophy, Prosperi manages to convey a full account of the ways justice has been described, portrayed and imagined.
Translation of Giustizia bendata. Percorsi storici di un'immagine (Einaudi, 2008).
In this rich and imaginative journey through history and philosophy, Prosperi manages to convey a full account of the ways justice has been described, portrayed and imagined.
Translation of Giustizia bendata. Percorsi storici di un'immagine (Einaudi, 2008).
Page:12