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Explanations on the notion of art
Whereas there seems to be a broad consensus within the scientific community on the idea that the perception of art substantially differs from the perception of other objects (Joy/Sherry, 2003), eventually turning the specific views on, and appreciations of art into a distinct field of inquiry (Berlyne, 1974; Funch, 1997), there is substantial disagreement about the concrete definition of the notion of art (Hagtvedt/Patrick, 2008, p. 380).
Rather, the notion of art is perceived as purely functional and only applies to those objects that unmistakably represent mainstays of human existence (Scott, 2010,
As the notion of art has thus been distancing itself from its etymological roots over time (Ullrich, 2006, p. 189ff.)
In order to decide whether a given matter of fact can be considered as art and may thus fall within the scope of protection of the German Basic Law, it has consequently become necessary to define the abstract notion of art (Scholz, 2013, Art. 5(3) GG, para. 25).
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