Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Graphic justice and the law of aesthetics have in very recent years successfully brought law, aesthetics and comics scholarship into the same space. The culture of copyright infringement within comics (including in the Marvel, DC, and Disney universes) has been extensively in the literature by scholars including Saval. How copyright law is portrayed within the graphic novels and comics themselves is the focus (and contribution of) this article. This article will explore several comics and graphic novels, as well (...) as included this author’s reflections of portraying copyright visually within zines for public dissemination. Throughout this article, the discourses of ghosts and spectres that are interwoven with copyright law and haunt the texts will be seen, as will the discourses of oppression and warfare that are involved for anyone seeking to make use of copyright works. As Gómez Romero and Dahlman note, comics offer “an alternative legal discourse” and we can see these alternative legal discourses through their aesthetic graphic form. This article will consider: the aesthetic portrayal of copyright law in A Gift for a Ghost and Josie and the Pussycats No. 6; as well as Bound by Law, Theft! A History of Music, and Pictures within Pictures. These comics and graphic novels have been chosen as they aesthetically portray copyright law and copyright infringement (referred to in some of the comics as “plagiarism”), and others aesthetically portray the public domain and fair use. In viewing these aesthetic manifestation of copyright law, the reader understands the limiting nature of copyright on creative freedoms, and that copyright law’s power is absolute. This article will explore the following: (i) copyright’s aesthetic portrayals and the impact of this; (ii) comics haunted by copyright law, considering A Gift for A Ghost and Josie and the Pussycats; (iii) comics about the necessity of the public domain and fair use, considering Bound by Law, Theft! A History of Music, and Pictures within Pictures; and (iv) self-reflections on portraying copyright aesthetically in publicly disseminated research zines. This article has not set out to determine that certain visual aesthetic portrayals are “correct” or “better”, but rather to explore how legal discourses and narratives about copyright law are circulated through the comics medium. These visual depictions hold considerable weight, and it is striking to see similar narratives used across a range of comics works, with different intended audiences. What is clear is that the visual depiction of copyright law enables a greater ability to convey the multiple copyright law discourses that can be felt at once, and also to highlight that some of these discourses are contradictory to one another. (shrink)

This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

I say: “Oh, what a beautiful surrealist picture!” With quite precise awareness: this páthos, these emotions of mine do not stem from our common sense. An aesthetic judgment is founded on an immediate subjective intuition: an emotion or a free feeling of a single subject towards an object. A universal sense, possibly. Some judgments of ours in ethics and in law are no different from our perceptions in front of art. It would be the same for a hypothetical sentence of (...) the judge that concluded with these words: “I acquit Arsenio Lupin because of his magnificent handlebar moustache like that of Guy de Maupassant”. Everyone would think intuitively that it is an unfair sentence. Is there aesthetics of terror? The case that the article intends to examine is that of the famous kidnapping and murder of the Italian statesman Aldo Moro by the “Brigate Rosse” [Red Brigades] (1978). The method used here consists in studying the image of the kidnapping as iconic documentation of reality, and, above all, as an ethical-legal judgment about the terrorist crime. Moro was photographed during his kidnapping. There are at least two pictures. Both constitute an extraordinary source for a judgment on the basis of an image. In both of them, Aldo Moro is pictured in front of a Red Brigades banner during the captivity. In what sense do these pictures document an aesthetic judgment concerning the “case Moro”? The answer can be found in a remarkable iconic coincidence of these pictures with a masterpiece by Georges Rouault (Paris 1871-1958) devoted to the theme of the “Ecce Homo”. The Gospel in the “Ecce Homo” scene (John: 19, 4-5) narrates how Pontius Pilate wanted to arouse the compassion of the people with a scourging and the exposure of Jesus to the crowd. The plate under consideration is entitled “Qui ne se grime pas?” [Who does not have a painted face?] and is a key work in Rouault’s suite of prints Miserere, dated for 1923. (shrink)

This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and (...) Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

Linda Zagzebski recently put forward a new theory, moral exemplarism, that is meant to provide an alternative to theories like consequentialism and deontology, and which proposes to define key moral terms by direct reference to exemplars. The theory’s basic structure is straightforward. A virtuous person is defined as a person like that, where that points to individuals like Leopold Socha, Confucius, Jesus Christ, and so on. A key component of this theory is the function played by the emotions, specifically the (...) emotion of admiration, which helps us identify moral exemplars, inspires our emulation of them, and grounds moral motivation. In other words, admiration tracks persons like that. The aim of this article is to show that unless moral exemplarism recognises and incorporates an aesthetic dimension to morality, as did, for instance, eighteenth-century sentimentalists by recognising the categories of moral beauty and ugliness, the theory suffers important theoretical difficulties, whilst failing to yield some of the theoretical merits that it boasts. To this end, I will cast doubt on the prominent role accorded to the emotion of admiration for morality, arguing that it has to either be qualified as a specific kind of admiration––namely that which takes the beautiful as its object––or be replaced altogether with the affective response to the beautiful, a mark of which is pleasure or delight in the contemplation of an object. In short, an aesthetics of character is necessary in order to properly theorise the affective and motivational components of morality under an exemplarist framework. (shrink)

Should Justice be blind or should she instead be capable of seeing everything, even the human heart? José M. González García examines how the iconography of Justice evolved over the course of history. Providing an overview of depictions of Justice in various ages and places, the book mainly focuses on "The Blindfold Dispute" that began to develop during Renaissance. While at first the blindfold was perceived as unjust, precisely because it denied Justice the ability to see everything, it transformed just (...) a few years later into a positive symbol of the equality of all individuals before the law. And other depictions were added: supplementary eyes, transparent blindfolds, the double face of Janus, the returns of Astraea and the "Eye of the Law". The book also analyses important historic moments in which the crisis of the Law went along with a search for new forms of representing the gaze of Justice, as reflections on the art of Dürer, Klimt and Kafka show as well as recent developments in political philosophy"--Back cover. (shrink)

I propose taking the beautiful and the sublime in Edmund Burke not just as aesthetic but also as theoretical categories which can help us read his constitutional thought in dialectical terms. I suggest indeed that his usage of these categories in the Reflections on the Revolution in France points to a consistently held argument concerning the aporias of early-modern contractarian theories and their influence on the French Revolution. My hypothesis is that for Burke the Revolution is unable to think of (...) any concrete relation between beauty and sublimity, insofar as they can be associated, respectively, with particularity and universality. Furthermore, I underscore how Burke’s defence of partial representation against contractarian representation aims to overcome this impasse. My goal is to demonstrate that Burke raises decisive questions as to the intrinsically anti-democratic effects of the contractarian concept of democracy and is still useful to confront the contemporary crisis of democratic participation. (shrink)

Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : mind and cognition : (...) an anthology (third edition) -- Kuhse and Singer : bioethics : an anthology (second edition) -- Cummins and Cummins : minds, brains, and computers : the foundations of -- Cognitive science : an anthology -- Sosa, Kim, Fantl, and McGrath epistemology : an anthology (second edition) -- Kearney and Rasmussen : continental aesthetics, romanticism to -- Postmodernism : an anthology -- Martinich and Sosa : analytic philosophy : an anthology -- Jacquette : philosophy of logic : an anthology -- Jacquette : philosophy of mathematics : an anthology -- Harris, Pratt, and Waters : American philosophies : an anthology -- Emmanuel and Goold: modern philosophy from Descartes to Nietzsche : an anthology -- Scharff and Dusek : philosophy of technology ; the technological condition : an anthology -- Light and Rolston : environmental ethics : an anthology -- Taliaferro and Griffiths : philosophy of religion : an anthology -- Lamarque and Olsen : aesthetics and the philosophy of art; the analytic -- Tradition : an anthology -- John and Lopes : philosophy of literature ; contemporary and classic -- Readings : an anthology -- Cudd and Andreasen : feminist theory : a philosophical anthology -- Carroll and Choi : philosophy of film and motion pictures : an anthology -- Lange : philosophy of science : an anthology -- Shafer-Landau and Cuneo : foundations of ethics : an anthology -- Curren : philosophy of education : an anthology -- Shafer-Landau : ethical theory : an anthology -- Cahn and Meskin : aesthetics : a comprehensive anthology -- McGrew, Alspector-Kelly and Allhoff : the philosophy of science : an historical -- Anthology -- May and Brown : the philosophy of law : classic and contemporary readings -- Forthcoming -- Rosenberg and ARP : philosophy of biology : an anthology. (shrink)

This book offers a powerful, comprehensive and compelling rereading of Hobbes's theory of representation, by reinstating it in a wider pattern of Hobbes’s theorizing about human thought and action in relation to images, roles and fictions of various types.

Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts could (...) bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant [1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law. (shrink)

Copyright law is a crucial part of the normative framework of the artistic and art-related practices in the modern world. It facilitates the production and public accessibility of certain works of art and literature, music, moving images, etc. At the same time, it prevents the production and public accessibility of others whichmight have been just as interesting as those we got to know. Intellectual property norms imprint our ideas of authorship as well as the ontological constitution of artworks. Yet the (...) interdependencies and interferences between copyright law, aesthetic theories and artistic practices deserve a more thorough analysis. This paper presents a new approach to an institutional theory of art, analyzing the relevance of intellectual property regimes for the opening and exclusion of certain possibilities in the production, distribution and use of works of art as well as for our understanding of some fundamental aesthetic concepts. (shrink)

Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of (...) his time, a republic devoted to human rights. He extends the concept by adding to it the right of nations and cosmopolitan law. Finally, Kant democratizes Plato's notion of philosopher kings with a concept of 'kingly people'. This book examines all aspects of this important, but neglected, body of Kant's writings. (shrink)

ABSTRACT Kant regarded ecosphere as having the highest degree of beauty, as opposed to other aesthetical objects such as painting, sculpture, buildings, and we could infer, the built environment. His arguments hinges heavily on his transcendental philosophy, where he stressed that pure beauty could only be achieved through disinterested judgement, without concept, and others. Though his proposition for ecosphere is valid, it could not be used to justify other cases, such as determining the degree of beauty of the built environment. (...) Thus, a modified version of Kant's aesthetics needs to be adopted, as it opens space for the built environment. This research uses Kant's overarching aesthetical arguments to justify the degree of beauty of the built environment. It is found that the built environment could have similar, if not same to, the degree of beauty of ecosphere by way of bioregionalism and ecomimicry, where the totality of the built environment encompases the natural law of local environment, making its degree of beauty as high as ecosphere. Keywords: bioregionalism, ecomimicry, the built environment, ecosphere, degree of beauty ABSTRAK Kant memandang tinggi atas lingkungan alam dan menobatkannya sebagai derajat keindahan tertinggi bila dibandingkan dengan objek estetis lainnya seperti lukisan, patung, gedung, dan kita dapat inferensikan, lingkungan buatan manusia. Argumen dia terjangkar kepada pemikiran transendentalnya, di mana keindahan murni hanya dapat didapatkan melalui penilaian tanpa ketertarikan, tanpa konsep, dan lain-lain. Walaupun proposisinya terhadap lingkungan alam valid, kita tidak dapat menggunakannya untuk menjustifikasi derajat keindahan lingkungan buatan manusia. Dengan itu, sebuah modifikasi dari pemikiran Kant diperlukan untuk dapat menilai lingkungan buatan manusia. Penelitian ini menggunakan teori estetika Kant untuk menjustifikasi derajat keindahan lingkungan buatan alam. Dipertahankan bahwa lingkungan buatan manusia memiliki derajat keindahan yang sangat mendekati, bahkan sama, dengan lingkungan buatan alam jika, dan hanya jika, lingkungan buatan tersebut mengadopsi konsep bioregionalisme dan ecomimicry, di mana totalitas dari lingkungan buatan manusia mencakupi hukum alam yang terdapat di daerah lokal, meningkatkan derajat keindahan lingkungan buatan tersebut. Keywords: bioregionalisme, ecomimicry, lingkungan buatan manusia, lingkungan alam, derajat keindahan. (shrink)

This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality.

The subject of the study is the aesthetics of early Friedrich Schlegel. In his aesthetics, Schlegel continues the traditions of German classical philosophy, focusing special attention on the principles of the beautiful and sublime in art. Schlegel considers beauty, like morality, to be inherently inherent in a person who, along with the moral, has an "aesthetic imperative". As a "transcendental factor", beauty is based on disinterested pleasure and represents an ideal that ancient Greek art approached at one time, (...) and the aspiration for which modern art lacks so much. The highest beauty is organic like nature; two main "elements" make up the essence of beauty: "phenomenon" and "good". The beautiful in its broad sense also encompasses the sublime. Schlegel pays special attention to the ugly as an aesthetic category opposed to the beautiful and sublime, and gives an outline of the future theory of the ugly. He connects the ugly with the animal nature of man and shows that it is based on the disgusting, painful, monstrous, "beggarly chaos" of being, manifesting an absolute denial.  The central aesthetic principles – the beautiful and the sublime – are opposed by two types of the ugly: the own ugly and the "sublimely ugly". Schelling considers art to be one of the main components of culture as a humanitarian factor and sees three types of culture: natural, organically growing on the basis of mythology, artificial, created on the basis of reason according to aesthetic laws and aesthetic, which means a special emphasis in culture on aesthetic essence, on artistry. Schlegel is convinced that further positive development of culture and art is possible only under the guidance of the "correct" aesthetic theory, the beginnings of which he learns from his contemporaries. (shrink)

International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of (...) natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts. (shrink)

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last (...) fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

By law, women seeking abortions in some US states must undergo compulsory ultrasound viewing. This article examines the moral significance of this practice, especially as understood by pro-life religious groups, in light of Foucault’s recently published lectures on ‘The Will to Know’ and the place of the aesthetic. How does the larger abortion-debate strategy of ‘showing’ and ‘seeing’ images—whether of living or dead fetuses—work as an aesthetic form of argument that intends to evoke a moral response in the absence of (...) reason-giving? The article draws on recent, parallel debates regarding disgust before concluding with a theological response to the priority of will over knowledge and vision over action as commentary on the future of abortion debate and law, especially in the United States. (shrink)

The term “law” appears in different contexts with different meanings. We are used to speaking of natural laws, legal laws, moral laws, aesthetic laws, historical laws. Such a linguistic convention has represented a constant phenomenon through the history of civilization. Is there any deep common root among all these different uses and meanings?

Though nearly 400 pages, Benjamin Richardson’s The Art of Environmental Law, Governing with Aesthetics, will not tell you everything you always wanted to know about aesthetics and environmental law but were afraid to ask. What it will give you is a fascinating overview that is remarkably readable despite its considerable length.Richardson’s opening chapter explains that his objective is to show “how insights from aesthetics can enrich the study and understanding of environmental law.” (p. 5) Strictly speaking, what (...) he draws upon are insights about aesthetics rather than from aesthetic theories, philosophical or otherwise. Richardson does occasionally draw upon philosophical texts, most frequently those of Allen Carlson and Glenn Parsons, Arnold Berleant, Yuriko Saito, and Emily Brady. But this is a work of applied aesthetics, aimed at an interdisciplinary audience. Indeed its greatest strength is its interdisciplinarity. Richardson draws on studies of environmental law and landscape management, biodiversity conservation, museum practices, advertising, ecotourism, environmental restoration, land art, and environmental activism, as well as philosophical environmental aesthetics. The result is a valuable resource for anyone interested in the many different avenues through which aesthetic values, broadly construed, can enter into the development and application of environmental law. (shrink)

The advent of new forestry in the United States represents a traumatic shift in the philosophy of national forestry praxis, a broadening of values to include aesthetics and sustainability of natural ecological process. The ethics of traditional forestry are shown to be 'Stoic utilitarian' and positivist, while the ethics of new forestry adhere closely to the 'land ethic' of Aldo Leopold. Aesthetics in traditional forestry are shown to be modernist, and to have developed from, and in opposition to (...) a Romantic aesthetic of the late nineteenth century. This transition is traced from the first U.S. landscape architect, Frederick Law Olmsted Sr., to the first U.S.-born forester, Gifford Pinchot. The language and precepts of new forestry are shown to parallel those of postmodernism, and the possibility of a broadened aesthetics of forestry, developed through postmodernist criticism, is outlined. The language of gardening is used as a model of forestry praxis, with traditional forestry adhering to the principles of vegetable gardening, while new forestry offers an opportunity to flesh out an entire spectrum of gardening genres. (shrink)