Η σχέση μουσικής και δικαίου είναι από τα πιο αγαπημένα μου θέματα έρευνας και συγγραφής. Όταν ανακαλύπτω σχετικά με αυτήν κείμενα, χαίρομαι πάρα πολύ.
Ένα βιβλίο που μόλις απέκτησα και που φαίνεται ΠΟΛΥ ενδιαφέρον:
Sara Ramshaw, "Justice as Improvisation. The law of the extempore", Routledge, 2013.
Δύο μικρά αποσπάσματα σας παρουσιάζω
"No longer would jazz be offered as a form of popular entertainment; it was now 'a creative expression of unassailable integrity' ..., 'a music to be listened to' ... As DeVeaux ... explains, '[i]n its wake, all of jazz must be properly understood as an autonomous art, governed by its own laws and judgeable only by its own criteria' ... Thus, in the end, the close connection between jazz and improvisation, made all the more compellingly be bebop's focus on the improvised solo, influenced a reciprocal association between improvisation, wildness and inventiveness.
Emphasizing the inventive potential of the association between bebop, wildness and improvisation were writers and theorists in the 1940s and 1950s, such as the beat poets. Wild, 'mad' or 'ludicrous' associations were seen to be revealed through the unconscious mind and bebop improvisation supposedly involved just a luck of (self-)consciousness ... Kerouac, for example, developed his technique of 'spontaneous writing' ('spontaneous bop prosody') to mirror his interpretation of the bebop performance. For him, it was a revolutionary style of writing and 'the only possible literature of the future' ... (p. 68)
"How, then, might the concept of improvisation apply to precedent-sensitive judicial reasoning? As Derrida ... has noted, it is necessary to improvise. It is also necessary to judge. But, to improvise well, to judge well, that requires a more thorough knowledge of improvisational practices. Studies of improvisatory techniques or strategies take on particular urgency in an era when diverse peoples and communities struggle to have their interests recognized and adjudicated. The issue, though, is not simply one of judging better or making more just decisions (if we knew what such meant) on the spur of the moment. It is about opening up a space for more creative decision-making, in which novelty arrives via a 'particular kind of refashioning of the old' ..." (p. 130)
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