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This essay combines historical insights with an analysis of the role of mediators (cf. DFG GR 1875/9–1) in order to address the tension between widespread attention for artistic autonomy on the one hand and the scarcity of legal sources on this topic on the other. This tension is not only a contemporary European phenomenon; it can also be found in the context of a legal development in the early twentieth century, when the so-called exceptio artis first emerged in Europe. Literature-in-law research into that period points out the remarkable role that mediators between law and literature played in establishing conceptions of literature that safeguard literature’s autonomy. In focusing on the Dutch legal field in the twentieth century, this essay shows that it was the two-field authority of people like the Dutch lawyer Ernest Polak (1885–1940) that enabled them to provide the Dutch legal field with more specific means to embed literature’s autonomy into the legal domain. What parameters concerning the freedom of artistic expression could be deduced from the writings of Polak, one of the founding fathers of exceptio artis? That question lies at the core of this essay.

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Mediators as the Founding Fathers of Literary Autonomy in Law: The Case of Ernest Polak

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  • 发表日期：

    2025年

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  • Lotte van den Bosch

摘要

This essay combines historical insights with an analysis of the role of mediators (cf. DFG GR 1875/9–1) in order to address the tension between widespread attention for artistic autonomy on the one hand and the scarcity of legal sources on this topic on the other. This tension is not only a contemporary European phenomenon; it can also be found in the context of a legal development in the early twentieth century, when the so-called exceptio artis first emerged in Europe. Literature-in-law research into that period points out the remarkable role that mediators between law and literature played in establishing conceptions of literature that safeguard literature’s autonomy. In focusing on the Dutch legal field in the twentieth century, this essay shows that it was the two-field authority of people like the Dutch lawyer Ernest Polak (1885–1940) that enabled them to provide the Dutch legal field with more specific means to embed literature’s autonomy into the legal domain. What parameters concerning the freedom of artistic expression could be deduced from the writings of Polak, one of the founding fathers of exceptio artis? That question lies at the core of this essay.