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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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