La liberté artistique et ses limites
Artistic Freedom and its Limitations

Summary/Abstract: This paper is trying to understand the complex relationship established between art and freedom in contemporary (post‐modern) societies, in the context of art’s aspiration towards absolute and freedom’s impossibility to be absolute. The starting point is the factual observation that modern societies tend to consider artistic creation as a special form of human activity and artistic freedom as deserving a special treatment, more protective and/or more tolerant. However, when tested through law’s filter, art no longer enjoys such a privileged regime. States may encourage or restrict artistic freedom. They can use legislative or judicial instruments and act at national or international level. With few exceptions, states treat artistic freedom rather like any other liberty, endowed with regular limitations and, at times, even subject to more rigorous tests than other fundamental rights.

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