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Fixing the Shadows – Access to Art and the Legal Concept of the Cultural Commons

Doctoral thesis
Authors Merima Bruncevic
Date of public defense 2014-06-02
Opponent at public defense Fiona Macmillan, Professor Of Law, Birkbeck, University of London, UK
ISBN 978-91-87869-01-3
Publisher University of Gothenburg
Place of publication Göteborg
Publication year 2014
Published at Department of Law
Language en
Links hdl.handle.net/2077/35600
Keywords legal philosophy, cultural commons, intellectual property law, copyright, Gilles Deleuze, Félix Guattari, access to art, access to knowledge
Subject categories Intellectual property law, Jurisprudence

Abstract

Fixing the Shadows: Access to Art and the Legal Concept of Cultural Commons studies access to art as knowledge, and the role law plays in facilitating access. The research project discusses how to advance and strengthen access to art and create legal pathways that facilitate communication, access to and sharing of art as knowledge. Thus, the study introduces the legal concept of cultural commons and discusses how such a concept may be introduced to law and given a legal platform. The study utilises the theories and methods of the French philosopher Gilles Deleuze (1925-1995) and the French psychoanalyst Félix Guattari (1930-1992) in dealing with law and jurisprudence. It focuses particularly on the concept of the rhizome. The theoretical aim of the study is to develop a critique of dogmatic law and to study particular obstacles to access to art created by traditional approaches to legal concepts. Consequently, through a rhizomatic jurisprudence a legal concept of cultural commons is developed and presented. The study is divided in two volumes. Volume I is called “Beyond the ontological question” and it studies obstacles to access to art created by law and certain types of traditional legal reasoning, it aims to bring forth the potential of law. Volume II analyses the cultural commons as a legal concept and is called “The Performativity of the Commons”. Volume II analyses the potential of a legal concept of cultural commons.

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