June 27, 2011

Law and Aesthetics

Maria Francisca Carneiro, Federal University of Parana, has published Law and Aesthetics. Here is the abstract.

The aim of this article is to describe some aspects of the relation between law and aesthetics. To do this, two lines of aesthetics are examined, one gnoseological and the other artistic. The beautiful and the good are related to the just by considering the possibility of the existence of poetics in law, including autopoiesis. An aesthetic theory of justice is sketched out based on the criterion of proportionality, which is common to both art and law, as well as the faculty of judging. The similarities and differences between aesthetic judgment and juridical judgment are therefore discussed. It is concluded that the ludic impulse, and therefore the game, is an element which is common to both aesthetics and law, in light of which the importance is stressed of carrying out deeper studies concerning the aesthetic game in law, for example through theories of the balance between determination and indetermination. Both in the game as in law, there are defined and undefined rules to be followed, and in both there are also psychological and behavioral aspects in common.
Download the paper from SSRN at the link.

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