"The possibility of aesthetic experience" is one of the inherent, innate, or natural rights of human beings. Ensuring the possibility of intellectual, moral, spiritual, emotional, and aesthetic development in human life is one of the duties of any civilizational and social system. The possibility of immersion in a kind of human-divine experience—which is called aesthetic experience and has a history as long as human history itself—is one of the dimensions of individual and collective human perfection. The emergence and expansion of this mode of perfection are possible through the acceptance of this innate and natural human right and by giving due importance to art and aesthetics. A holistic or comprehensive jurisprudence must explain this right and its theoretical and practical implications and clarify the relationship of religion, religious institutions, and governance with the fulfillment of this right. The theological presupposition of this innate right is based on jurisprudence's definition of God, morality, and perfection. If God is "beautiful" and "the creator of beauty," and according to the interpretation of transcendent Islamic philosophy, His infinite existence is coextensive with beauty, then the theological basis of this interpretation secures a network of innate rights in the aesthetic dimension. On the other hand, reason in Imami legal theory (uṣūl al-fiqh) arrives at the intrinsic goodness and evil (ḥusn and qubḥ) of certain realities and moral concepts and accepts them as principles governing any theoretical framework. Juridical rulings must not conflict with innate rights, and this is achieved through the confirmation of reason and religious rationality derived from the discussion of independent rational judgments (mustaqillāt-iʿaqliyya). The individual and social horizon of human beings is to attain perfection, expand divine spirituality, and realize the scientific and objective capacities of innate human faculties. If the inclination toward beauty and the creation of beauty in the form of an artwork is considered part of the existential constitution and innate rights of human beings, then establishing cultural, social, and legal grounds for it will be obligatory. Tolerance of artistic creativity, the expansion of spirituality through the creation of artworks, attention to the art economy, and intellectual and artistic property rights are among these grounds. Fulfillment of this right as an innate right paves the way for existential transcendence and human perfection, and neglecting it, in addition to entailing moral relativism, would render void the higher objectives of jurisprudence (maqāṣid) aimed at securing interests and averting corruption.
Shahdadi,A . (2017). Reviewing the possibility of aesthetic experience as a innate right and analysis of its dimensions and requirements. Theology of Art, 1395(7), 57-68.
MLA
Shahdadi,A . "Reviewing the possibility of aesthetic experience as a innate right and analysis of its dimensions and requirements", Theology of Art, 1395, 7, 2017, 57-68.
HARVARD
Shahdadi A. (2017). 'Reviewing the possibility of aesthetic experience as a innate right and analysis of its dimensions and requirements', Theology of Art, 1395(7), pp. 57-68.
CHICAGO
A Shahdadi, "Reviewing the possibility of aesthetic experience as a innate right and analysis of its dimensions and requirements," Theology of Art, 1395 7 (2017): 57-68,
VANCOUVER
Shahdadi A. Reviewing the possibility of aesthetic experience as a innate right and analysis of its dimensions and requirements. Theology of Art. 2017;1395(7):57-68 (In Persian).
Theology of Art