Departmental Bulletin Paper <芸術性>をいかに裁くか : 三島由紀夫「宴のあと」、高橋治「名もなき道を」、柳美里「石に泳ぐ魚」

日比, 嘉高  ,  HIBI, Yoshitaka

61pp.181 - 202 , 2015-03-31 , 名古屋大学文学部
In this paper I discuss how literary studies could contribute to a legal argument concerning the artistic quality of literary works. To this end, I will revisit points of discussions in a series of legal trials regarding invasions of privacy found in literary texts, namely MISHIMA Yukio's "After the Banquet," TAKAHASHI Osamu's "Namonaki Michi wo (Down a Nameless Road)", and YÛ Miri's "Ishi ni Oyogu Sakana (A Fish Swimming in Stone)." The problems surrounding artistic quality - how to judge it, and whether or not to take it into account at all - have continued to trouble lawyers since it first became a crucial point in the judgment of "After the Banquet" in 1960. I suggest that 'artistic quality' refers to the possibilities of art. In particular, I argue that it can function to provide a comprehensive framework for understanding humanness in the public sphere.

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