In this pathbreaking and provocative analysis of the aesthetics of
law, historian, legal theorist, and musician Desmond Manderson
argues that by treating a text, legal or otherwise, as if it were
merely a sequence of logical propositions, readers miss its formal
and symbolic meanings. Creatively using music as a model, he
demonstrates that law is not a sterile, rational structure, but a
cultural form to be valued and enhanced through rhetoric and
metaphors, form, images, and symbols. The author further develops
this argument by basing each chapter on a different musical form.
The author begins his analysis with "Prelude", in which he
follows Heidegger and Gadamer's view that aesthetics is a pervasive
way of knowing and being, and explains that the aesthetic is best
understood as a union of the sensory force of everyday experience
with the symbolic meanings with which those sensory experiences
become imbued. Next, "Fugue" provides an overview of the book,
backgrounded against a discussion of related areas of recent legal
writing, including the law and literature movement, and postmodern
legal theory.
In the chapters that follow, Manderson develops his unique
perspective using specific case studies, such as "Variations on a
Theme", which turns the reader's attention to the drug problem in
Western countries by looking at the laws against drugs in terms of
images of dirt, race, and pollution; and "Quodlibet", which
presents a manifesto on the importance of aesthetics to
justice.
Law, for Manderson, should strive for neither coherence nor
integrity. Rather, it is imperfectly realized, constantly
reinterpreted, and always in flux. Songs without Music is written
in an original, engaging,and often humorous style, and exhibits a
deep knowledge of both law and music. It successfully traverses
several disciplines and builds an original and persuasive argument
for a legal aesthetics.
General
Imprint: |
University of California Press
|
Country of origin: |
United States |
Series: |
Philosophy, Social Theory, and the Rule of Law, 7 |
Release date: |
October 2000 |
First published: |
October 2000 |
Authors: |
Desmond Manderson
|
Dimensions: |
229 x 152 x 25mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
|
Pages: |
316 |
ISBN-13: |
978-0-520-21688-4 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
General
Promotions
|
LSN: |
0-520-21688-1 |
Barcode: |
9780520216884 |
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