Contemporary Law as Carnival and Fairy Tale
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| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | Mikhail Bakhtin in his exceptional study about Francois Rabelais described a conception of carnival. His brilliant description and consequences for modern times (as well as for society at that time) influenced many authors (e.g. Robert Darnton) and offers fundament for thinking about arrangement of society. Bakhtin´s description of time limited overturning of society (represented also in folk fairy tales) proposes a key to thinking of people not only in early modernity but also today. Another example of such relation to power and hierarchical arrangement of society are present also in fairy tales (see e.g. Vladimir Propp or Robert Darnton). The contribution proposed works on presumption that today we can trace a signs of carnival also in modern law. Traditional values are reappraised, rules are questioned and carnival hilarity triumphs. The difference is that (earlier) time limited carnival becomes a norm – without signs of an end. What are the consequences for law and can addressees estimate any return to pre-carnival order? Another shape of contemporary law is in fairy tales: everything comes truth and no estimation are out of debate and possibility. The contribution presents the situation similar to carnival or folk tale in law and estimations related to law. |
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