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Index
Cover
Half Title
Title
Copyright
Contents
Introduction – Everything is Censorship
I The Immunity of the Artist and of Art – A Critical Analysis
1.1 Sources of the Problem
The Venetian Precedent
From Craftsman to Genius
Towards the Autonomy of Art
Autonomy under the Attack of the Avant-garde
The Law and Changes in Art
1.2 Types of Defence
Estrangement Tactic
Formalist Defence
The Canonic Tactic
Other Defence Tactics
1.3 Defence Tactics in Court Practice
Cincinnati v. CAC
The Case of Grosz and Herzfeld
1.4. Summary
II Legal Aspects of the Freedom of Art in Poland (with Anna Demenko)
2.1 Terminological comments
2.2 The Concept of Art in the Polish Legal System
The Institutional Approach
2.3 Constitutional Guarantees for the Freedom of Art
2.4 Freedom of Art and Polish Criminal Law
Preface
Art as a Feature of a Prohibited Act
Art from the Perspective of the Objective Side of the Prohibited Act
The Sense of a Work of Art
The Artistic Aim as an Element of the Subjective Side of the Prohibited Act
Art as a Circumstance Excluding the Criminality of an Act
Preface
Art as a Circumstance Excluding Unlawfulness
Art as a Circumstance Excluding Culpability
Art and the Social Harmfulness of an Act
Art in the Context of Chosen Criminal Offences
Insult to Religious Feelings
- The Case of Dorota Nieznalska
- The Case of Adam Darski
Pornography
- The Case of Krzysztof Kuszej
Safeguarding Honour and Dignity
- Defamation and Insult
- Safeguarding the Honour of State Officials
- Hate Speech
2.5 Summary
III From the History of Censorship in Polish Art after 1989
3.1 Preface
Censorship in the Polish People’s Republic (1945–1989) – A Censorship Linkage
Dissolution of the GUKPPiW
3.2 Transition Period (1989–1992)
Characteristics
Summary
3.3 Formative Period (1993 – 1998)
Pyramid of Animals
Gazeta Wyborcza on Art
Anti-Antibodies
From Spontaneous Reaction to Cold Calculation
The Morphology of a Scandal. Scandal as a “stimulacrum”
“Of all the arts the most important for us is the cinema”
Circle the Wagons, Start Acting
Councilors Strike
Corporations Strike
Institutional Context
Summary
3.4 Qualitative Escalation Period – Heroic (1999–2002)
The “pyramidal” misunderstanding continues
AWS v. AMS
How To Train Curators
The Ninth Hour of The Daring
From Empathy to Iconoclasm
The Case of Nieznalska
Defence of the Artist
Interpretations of Passion
Accompanying Events
Offensive on Other Frontlines
“Dickart” – or the Press on Contemporary Art
The Field of Art – the Battlefield
Recapitulation Time
3.5 Times of Quantitative Escalation (2003–2007)
“Operation Arsenał”
A League of Their Own
A Definite NO! to Homosexuals
National Symbols – History-oriented Politics – History
Critique of Those in Government
New Left Wing, New Censorship
In Lieu of a Summary
Culture Wars
Moral Panic
3.6 Period of Stabilization (2007–2010)
Insult to Religious Feelings
We Keep Saying NO to Homosexuals
History-oriented Politics Continued
It Is Not the End Yet...
IV A list of censorship cases
List of Abbreviations
Bibliography
Author Biographies
Index
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