Creative Cultural Resistance and Law in Criticism: Heavy Metal Aspects

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SamoylovaPavla-2024-08-29.pdf (1.8 MB)

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2022-10-11

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Betreuer/Gutachter

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DOI:
https://doi.org/10.22029/jlupub-19999

Zusammenfassung

The issues linked to artistic freedom of speech and expression remain at the top of discussions in contemporary academic fields. Freedom of speech is a universally recognized essential component of civil and democratic societies, declared by the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966). The states-participants that targeted to prescribe and fulfil the democratic values adjusted their constitutions according to those international standards. Though the implementation of the institute of freedom of speech found different formulations in the local legal systems, their constitutions guaranteed its protection as a cornerstone of the democratic order. Any kind of censorship is formally recognized as illegal. Nevertheless, the formal declaration of freedom of speech often faces contradictions with other constitutional values, which also remain important guarantors for the democratic order and social well-being. Besides, social, political, and cultural climates can dictate certain paradigms that might influence the implementation and the prevalence of two contradicting norms. And though censorship is legally proclaimed unconstitutional, local legal systems intend to establish a set of limits on freedom of speech in order to maintain public peace, as well as social health and well-being. The scholarly attention has always been intense at the point when freedom of speech and expression were crossing over other constitutional norms, creating legal collisions and difficulties for the legal practice. Freedom of speech as a democratic value provides a free expression of diverse views and opinions, unrestrained by governmental control. Freedom of expression signifies the ability to convey certain verbal or visual messages in different forms without fear of public suppression. Art, which implies both of these freedoms, is meant to represent independent vision and interpretation of reality coming from the mind of its creator. It can inspire, motivate, and provoke versatile feelings and emotions in the perceiver, which might be positive or negative. Contemporary music as a form of art is represented by various genres and styles. Some of that found a huge popularity and adaptation in popular culture, others became alternative, forming underground scenes and subcultural movements. At the beginning of the 1960s, heavy metal appeared as a subgenre of hard rock, but soon after that established its subculture and a worldwide community. Heavy metal was always attracting young people, not willing to follow the system and express themselves differently. It was pushing society to the limit to convey the disagreement and opposition to the mainstream culture and its values. However, some of those limits are protected by law as significant guarantees of safety and balance in society. At this point, heavy metal appears as a vibrant example of the correlation and balance between freedom of artistic expression with other constitutional principles and values. The first issue is emerged by the ideological background of heavy metal culture. Appearing as opposition to the mainstream, it embraced the narratives of resistance in a diverse spectrum of human relationships. Starting from themes of death and fear to social problems and political criticism, the genre was exposing unpopular opinions, empowering and encouraging everyone to speak out about their struggles. The genre often used the benefits of shock value in order to get public attention, which strengthened its narratives of cultural resistance. The backlash from society was inevitable and even anticipated from the side of heavy metal subculture as an indicator of the successful manifestation of resistance. The following collisions between heavy metal and the church, parents, educational institutions, etc., raised the matter, how far such controversial art can go, and what values have to remain strictly protected by the state law? The second issue is directly linked to the implementation of constitutionally guaranteed freedom of speech and expression. According to the constitutional doctrine, art (including music) is free from censorship and governmental control. However, it can be limited for child protection, anti-discrimination, public peace and other policies entitled to sustain the order of a balanced and healthy functioning society. These limits are established by state laws and enforced by the government, local authorities, and judicial organs. Nevertheless, the judicial practice on freedom of speech and artistic expression is often challenged by cases that require a legal meaning of certain art, which leaves room for interpretation and could be perceived subjectively. And, heavy metal, presented as the music of resistance, is often ambiguous in its narratives. And finally, the third issue is indicated at the point when heavy metal as a form of artistic resistance is entitled to receive legal protection and yet, what boundaries it has to respect for the sake of public peace and well-being. This matter emerges from the first and the second issues combined. As a result of factual encounters between heavy metal and society, law and judicial practices have to become an arbiter providing an ultimate resolution for that antinomy. Though there are not many cases, where heavy metal as a genre was legally accused of certain offences, still there are several precedents when judges were challenged to interpret heavy metal compositions on the subject of potential noxiousness. Such cases might be even more complicated by obscurity of heavy metal culture, as well as by individual perceptions of the judges, who could be guided by commonly known stereotypes. These addressed issues indicate the novelty and the actuality of the present dissertation, which lies within interdisciplinary dimensions. It combines the knowledge of legal doctrine of freedom of speech, general sociology, sociology of moral panic, and contemporary heavy metal studies. It is necessary to acknowledge that heavy metal a musical, social, and cultural phenomenon that has never been reviewed through the prism of legal studies before, which makes this research modern and innovative.

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