On Legal Judgments and Subversiveness: Remarks Against the Backdrop of Andrea Baldini’s Theory of Street Art

Abstract

The subversiveness of the work is a criterion of street art according to the theory of A. Baldini. This view, undoubtedly, represents a novelty in the understanding of this category of art; as such, it remains a contribution to aesthetics. Nevertheless, within the framework of the presented theory, subversiveness is combined with legal judgment and violation of the law. These circumstances situate the theory within the field of interest of legal studies; and from this perspective, it deserves criticism. This is because the theory does not contain precise determinants of the difference between legal and aesthetic judgments, nor does it equip the constructed criterion of street art with the ability to resolve conflicts between norms relevant to subversiveness; and it is the demonstration of these gaps, as well as proposals to fill them in the context of legal science that are the subject of this article.