ART AND LAW

The law which is intertwined with every aspect of life, carries on for centuries its existence in the human life. It would not be wrong to say that there is a particular interaction between art and law which are described as life vessels of the society. While the humanity develops art and the art develops humanity as a continuous cycle, the societies underdeveloped in art, are deprived of the puzzling, bracing, inspiring, lighting and liberating power of art. In this kind of societies, it will grow increasingly difficult to expect free, free-thinking, objective and critical lawyers. As everyone, also some of the lawyers are unwittingly inspired from the artists. It must be admitted that the human’s creativity and ability to look from different angles at the events reveal with culture, art and science.

It is accepted that the art has two aspects which one is social and the other one is individual. While the art shows the individual aspect by exposing one’s own inner world; it also serves as a social function. Unfortunately today; the social service of art is not determined according to the aim, the meaning and the function of art but it is shaped depending on the restrictions on artistic freedom indicated in the States’ constitutions. While determining these restrictions; the States’ ideologies have an utmost importance.

The freedom of art which has found a place in the law order with the French revolution first time in the history; became today, an issue included in the constitutions of all countries. While the freedom of art deemed as a cultural right; is restricted by the States; it is ignored that it is also the State itself which is most needy to the art. Regarding the freedom of art; the attitudes of the States both in law and in daily life; will be the fundamental criterion to determine the importance given to the art by the society. In Art intertwined societies where the art can be free; the diversity, tolerance and social progress will increase. There is no doubt that the freedom of art cannot be ensured just only by the permission of the State to perform arts and cultural activities in public arenas. The freedom of art, should also include the freedom of individual creation and the artist should feel the power to reflect his/her inner world to the society without any hesitation. Because, while the artist reflects outside by his/her artistries the freedom of his/her inner world; he/she will be also a pioneer allowing the liberation of the society.

The artists, who conserve always a critical approach to the world, promote in the meantime the idea diversity in the society and provide an environment where people can freely discuss. In the societies adopting an objective and critical approach to the events; it is impossible to consider a legal order without justice, freedom and democracy. As it is seen, the art is inspired by the Law and the Law is inspired by the art and although they seem to be distant; these two concepts are inseparable.