Between text and performance symposium on improvisation and originalism

Common Knowledge 17 (2):221-230 (2011)
  Copy   BIBTEX

Abstract

This essay introduces a Common Knowledge symposium on the relationship between texts (for instance, musical scores or dramatic scripts) and performance in the arts by drawing out its implications for the interpretation of publicly consequential texts (such as constitutions, legal statutes, and canon law). Arguing that judges and clerics could learn much from studying the work of Philip Gossett and other practitioners of textual criticism in the arts, the essay suggests that a wider array of choices exists for legal interpretation than the usual alternative between originalism or literalism, on the one hand, and intuitionism, on the other hand. Contributions to the symposium (titled “Between Text and Performance”) emphasize what Roger Moseley calls “improvisatory fluency in historical idioms,” and this introduction recommends that jurists develop for the law the kind of “ear” that musicians must have when a score invites or demands improvisation

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,745

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Limits of Natural Law Originalism.Mikołaj Barczentewicz - 2018 - Notre Dame Law Review Online 93:115-130.
Reading the Constitution: An Entanglement and Still Arguable Question.Cecilia Tohaneanu - 2010 - Romanian Review of Political Sciences and International Relations (1).
Purposive Interpretation in Law.Aharon Barak - 2007 - Princeton University Press.
Translating Legal Language and Comparative Law.Jaakko Husa - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):261-272.

Analytics

Added to PP
2013-11-23

Downloads
40 (#113,921)

6 months
8 (#1,326,708)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

.Dworkin Ronald - 1996 - Puf.
Regarding Change at Ise Jingū.Jeffrey M. Perl - 2019 - Common Knowledge 25 (1-3):220-232.

Add more references