"WHO STOLE THE TARTS?": Alice in Wonderland, Chap. 11

"WHO STOLE THE TARTS?":                               Alice in Wonderland, Chap. 11
From Arthur Rackham's illustrations (1907) to Lewis Carroll's "Alice's Adventures in Wonderland", 1865

lunedì 10 maggio 2010

12th May 2010: Prof. Resta and M° Polimanti on Law and Music - Special long lecture


Dear all,
the end of the course is quckly approaching and next Wednesday we will hear Prof. Resta, from the University of Bari, explaining us the possible connections and similarities between law and music while M° Enrico Maria Polimanti will play the piano. As you certainly understand, this is a very special event and it would be great if you could promote it and invite other people. The lecture will take place, as usual, at 2:00 pm, room 8 but it will last a little bit longer (we should end at 5:00 pm). I'll write another post in a fiew minutes with the official poster!

LAW AND MUSIC

Law & music might appear as one of the most recent and less investigated frontiers of the law & literature movement. To some extent this is true. However, the interface between law and music has also been the subject of important studies in ancient times (Plato in particular), in the middle age (one of the first examples is the anonymous treatise of the fourteenth century Ars cantus mensurabilis mensurata per modus iuris) and during the twentieth century. Prominent legal scholars have written about musical estethics and musicology (Pugliatti) and at the same time several important composers and musicians have been trained in the law (among the others C. P. E. Bach, Schumann, Stravinsky, Nono).

The most important intersection between the two disciplines is represented by the theory of interpretation. Interpreting and performing a score raises a set of questions involves a range of problems not entirely different from interpreting a constitution, a statute, a regulation, or even a legal precedent. Lawyers have frequently confronted themselves with the theory of musical interpretation, in order to enhance their self-comprehension of the legal techniques of interpretation (J. Frank, E. Betti). Not by chance, we can find the same debates between originalists, intentionalists and contextualists in law and in music as well.

During the lecture Prof. Resta will focus: a) on the relationship between law, music and power in a historical perspective; b) on the idea of authenticity in law & music; c) on the ideology of interpretation and interpretivism. Maestro Enrico Maria Polimanti will play music by Giustini, Chopin and Janáček, illustrating the most important intellectual trends and the practical problems of interpretation day by day faced by a musical performer.

  1. L. Janáček (1854-1928) Sonata I. X 1905
  2. F. Chopin (1810-1849) Polonaises op 26, Scherzo op 39
  3. L. M. Giustini (1685-1743) Suonata VII in sol maggiore

Reading:
Levinson S. / Balkin J.M., Law, Music, and Other Performing Arts, in "University of Pennsylvania Law Review", 139.6 (1991), pp. 1597-1658.


C.V. Prof. Giorgo Resta:
Giorgio Resta is an Associate Professor of Comparative Law at the University of Bari, Italy, where he teaches courses on private comparative law, contracts and intellectual property. He is author of three books and numerous articles on privacy, fundamental rights, contracts and torts in comparative perspective. He edited the Italian translation of Hesselink’s “New European Legal Culture”. His book “Autonomia privata e diritti della personalità” has been selected as one of the best legal books of year 2005 by the Italian “Club dei giuristi”. He is currently serving as member of the scientific board of the Legislative Committee for the reform of third book of Italian Civil Code, appointed by the Italian Ministry of Justice. He is member of the Italian Association of Comparative Law and editor of “Il diritto dell’informazione e dell’informatica” and “Rivista critica del diritto privato”. He received several scholarships from the Canadian Government (Faculty Research Program), the Max-Planck-Institut für Internationales und Ausländisches Privatrecht (Hamburg, Germany), the Max-Planck-Institut für ausländisches und internationales Patent-, Urheber- und Wettbewerbsrecht (Munich, Germany) and the Italian Research Council. He has been visiting scholar in the Yale Law School, the McGill Law School, the Law School of the University of Toronto, the Duke Law School, the Ludwig-Maximilians Universität (Munich, Germany), the Max-Planck-Institut für Internationales und Ausländisches Privatrecht (Hamburg, Germany). In 1995 he graduated with magna cum laude from the University of Rome “La Sapienza”. In 1999 he received his PHD in Private Law from the University of Pisa. He is member of the Italian bar. His principal academic interests are privacy, information property, media-law, contract and legal history.


C.V. M° Enrico Maria Polimanti, pianist:
Enrico Maria Polimanti studied piano and chamber music at the Conservatorio di Santa Cecilia. Awarded of the prestigious Foundation Scholarship of the Royal College of Music, he moved to London where he studied with Yonty Solomon. Once back in Italy he attended courses at Accademia Chigiana di Siena, at the Scuola Superiore Internazionale del Trio di Trieste. He also took part in numerous international master classes given by Dietrich Fischer-Dieskau, András Schiff. He won several prizes in Italy, among them: Hyperion chamber music competition 2001(first prize), Euterpe 2003 (first prize, also special prize “Duo Binetti”), “Pietro Argento” 2003 (first prize, also “Prize of the Critics”), Seghizzi International Song Competition 2004 (“Prize for best pianist”). He plays as soloist and in chamber ensembles for numerous Festivals and concert seasons in Italy and abroad, recently: Orchestre International de la Citè Universitaire in Paris, Primavera in musica agli Uffizi and Radio Vaticana. He regularly gives lessons, lectures and lecture-recitals in several schools and associations of Rome, at Università Roma3, St. Petersburg College-Florida and Federazione Italiana di Musicoterapia. He translated Charles Rosen’s book “Beethoven’s Piano Sonatas” (Astrolabio-Ubaldini, Roma) and recently he has written the essay The Earth has many keys. Emily Dickinson in the italian contemporary music (Mazzanti, Venezia). He took part in several radio, television and cd recordings (lately Rossini’s Petite Messe Solennelle for the label “Tactus”). His solo and chamber music repertoire covers a wide range of works dating from early eighteen century to the contemporary epoch.

6 commenti:

  1. First of all i want to thank for the wonderful lesson, really interesting! I think that this lecture has fully shown that the law is essentially a human science, rather than something purely technical and, in some way, static, arid.
    It’s absolutely true: there are so many aspects that law and music share, although this is more evident referring to interpretation.
    Having studied piano for many years, i’ve understood very well the problem of what a performer has to decide when he approaches to a piece. To remain close to the score (i mean to “slavishly” follow the indications on the score) or to follow the inspiration of the moment, and what your inner spirit is suggesting?
    I think today “only the brave”, as they say in a famous tv program, could depart from traditional interpretation, but I would point out that it is not only a problem of what some performers have done, it’s often a problem of editions of sheet music: we could make a comparison between a score and its later critical editions, and a book and its later edition and reinterpretations by critics.
    As time goes by many critical editions, but also treatie on how to perform a particular author or a work have made their appearence. So even in music there is the question whether to follow the consolidated “opinio doctorum” or to follow the text and the intentions of the composer, or to make an original and peculiar version.
    And I can assure you that it’s not easy, I’ve proved it on my skin when I had to take my fifth year exam at Conservatory: they contested my interpretation of a piece, and also the edition that I’ve used (the commission preferred the version of another reviewer). So there are different school of thinking, it's the same thing when a court supports an interpretation rather than another. I think that the choice between one or the other can not be entirely objective.
    One last thing: when M° Polimanti talked about the different instruments that the performer has today, I immediately thought of Bach: he wrote many pieces on harpsichord and for harpsichord, but now we have the piano. This implies a total different approach to interpretation, because the piano has potentialities that the harpsichord hadn't.
    Only an example of three different interpretation of a famous piece of Bach, Goldberg Variations, it’s sufficient to listen some minutes: the first is an harpsichord version, the second is a piano version (From Baremboim),a too “romantic” version in my opinion, and the third is THE version (from Glenn Gould). Same text, different points of view. What is right, what is wrong?

    http://www.youtube.com/watch?v=ZLI8oh8wY6A

    http://www.youtube.com/watch?v=AcXXkcZ2jWM&feature=related

    http://www.youtube.com/watch?v=g7LWANJFHEs&NR=1

    Alessia Guaitoli

    p.s. Sorry if I went a little bit off topic!

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  2. Questo commento è stato eliminato dall'autore.

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  3. Hi everybody!

    What an amazing lessons the one of yesterday!
    Like most of you i really coudn't imagine that between law and music there would be the
    possibity of so many connections and similarities.
    At the beginning Prof. Resta shows us, how music had an important role in ancient times, due to the fact that laws weren't written but there were sang, so music was used to spread rules between people (Plato in particular).
    Then during the 19th century music had an important connection with politics, because it was used to express the State Identity, to represent the nations that were spreading out, for instance national hymns were composed for this reason.
    But lets go to the main link between law and music that might be simple, but is not direct. The most important connection between the two disciplines is represented by the theory of interpretation. In fact as a musician has to interpret the notes, the rhythms, the times of a piece, such as the jurist, or the judge has to interpret the norms written in a constitution, a statute, a regulation.
    The interpretation of a musical piece is very similar to the interpretation of a legal text: in both judge and musician have to create something.
    Of course there are some differences, but i think that law and music don’t exist without interpretation.

    I'd really enjoy the lessons and most of all the music of Polimanti,wherefore the piano is my favorite instrument, thank you for this opportunity!

    Best

    Valentina Di Pietrantonio

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  4. Hi everybody! Prof. Resta and M° Polimanti have demonstrated that there are really a lot of themes about music that can be linked with the law. In the introduction, for instance, how has just said Valentina, prof. Resta illustrated the relationship between law and music in the history of the societies and we could see that this relationship was really deep for many ancient populations as the Greeks with Plato that focused his attention on the common root of the same words of reference (nomos/tune), or the Romans... but music was very important also for the Hinuits who resolved their controversies through a musical contest!
    After that, Prof. Resta said that the Catholic Church had been for centuries the biggest customer of musicians in Europe and the same Church regulated this matter exactly because of its influence on the human being and its power on moving the souls. For instance, I found a piece of an edict written by pope Giovanni XXII in the XIV century:

    "...alcuni discepoli di una nuova scuola cercano di esprimere arie inventate solo da loro. Sostituiscono i canti con altri fatti di note molto brevi. Interrompono le melodie, le rendono effeminate riempiendole di melodie volgari. La moltituidine delle loro note cancella i semplici ed equilibrati ragionamenti. Essi corrono e non si riposano mai, inebriano le orecchie e non curano lo spirito. Imitano con gesti ciò che suonano, cosicché si dimentica la devozione che si cercava, e viene mostrata la rilassatezza che doveva essere evitata..."
    Through these words we can better understand why in the opinion of the Catholic Church, the morality of the good christians could be assured by the maintenance of the traditional melodies also in the common habits.

    From the XVIII century with the growth of the nations, the music expressed the identity of a state and this had been the origin of the national hymns of the U.K., U.S.A., France and Germany.
    This last relationship between music and policy led me to a reflection about the italian case, because also in Italy was approved a nation hymn in the XIX century, but nowadays we are used to hear some politicians that attack the italian national hymn, while people usually do not remember the same words of the hymn. According to me, these facts show a real disaffection of the italians toward their national symbols and this poor sense of the state is reflected also in the Parliament and in its laws.
    For this reason, perhaps, in his greetings during the Traditional Christmas Concert in the upper chamber of the Italian Parliament in 2005, M° Muti suggested to the Members of Parliament to behave like an Orchestra in which the good ideas could "agree each-other" in a law like the notes in a melody.
    Finally, I thought of what Jerome Frank has written about the legislator that is “like a compositor” and I realized that because of the disharmony of the same italians, the Italian “compositor” has lost its talent…
    Out of metaphor, when the laws are not in agreement, are not well written, are not constitutional, are not shared and so on, the judges will have problems for their interpretation and then the same rights of the citizen are in risk.

    All best,

    Valerio

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  5. very nice music!
    I really appreciated the performance of "Deutschland uber allles"... national anthem of German. This is Law and Music... the music in the Costitution for example.
    I love the national anthmes because every one has a very glorious story.
    Also our "fratelli d'Italia"... for this same reason it was choosen a few years ago as our legal national anthem (before it was considered by law as temporary).
    emanuele vaccaro

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  6. It's an informative post.It represents a good combination of law and music for study law courses.I very much look forward to read this post.

    famous law professors

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