- Try to find some significant examples of the different textual approches to ‘law and film’ and analyse their various purposes and consequences: the instituzionalization of a new interdisciplinary scholarship, the usefulness of films as a pedagogical tool (within the American Law Schools), or the so-called ‘postmodern challenge’ (Richard Sherwin, When Law goes Pop, University of Chicago Press, 2000).
- Try to find some juridical debate raised by the distribution of an entertainment product (movies, computer games, TV shows, songs) and constitutional and legal restraints to freedom of speech (as we did with The Miracle decision).
Alfred Hitchock's "Dial M for Murder" (1954)
Monday 9 June 2008
Last but not Least: Prof. Conde Questions
Saturday 7 June 2008
Last questions!!!
Dear all,
here, finally, the last questions of the L&H course of lessons. Good luck!
Prof. Resta:
1) "What are the similarities and differences between legal and musical interpretation?"
2) "How is the law/music analogy employed by Betti and Frank?"
Prof. Ascheri:
"Explain why it is possibile to say that the Sienese 'Buongoverno'frescho could be considered the most important 'reading' of the urbanItalian society of the Late Middle Ages".
Prof. Zeno-Zencovich:
How is it being a US law student? Try to see these two movies, compare them, and then analyse your experience as a law student
The Paper Chase (James Bridges, 1973)
Legally Blonde (Robert Luketic, 2001)
here, finally, the last questions of the L&H course of lessons. Good luck!
Prof. Resta:
1) "What are the similarities and differences between legal and musical interpretation?"
2) "How is the law/music analogy employed by Betti and Frank?"
Prof. Ascheri:
"Explain why it is possibile to say that the Sienese 'Buongoverno'frescho could be considered the most important 'reading' of the urbanItalian society of the Late Middle Ages".
Prof. Zeno-Zencovich:
How is it being a US law student? Try to see these two movies, compare them, and then analyse your experience as a law student
The Paper Chase (James Bridges, 1973)
Legally Blonde (Robert Luketic, 2001)
Prof. Vano:
1. Chaplin world view as an introduction to the main questions of the history of labour law: Did you find it appropriate or useful in any way?
2. American labour relations at the beginning of the XX century: the analisys of Max Weber. What do you think of the european perspectives?
Sunday 25 May 2008
What do you think of the Law and the Humanities Course of Lessons?
Dear students,
Prof. Conte and I would be really happy to know what do you think about the Law and the Humanities course of lessons that we experimented this year. Which lessons did you enjoy the most? What would you suggest to change? Did anything disappoint you? Someone already told me his/her ideas for a similar course next year but it would be useful to repete them on the blog. You can just leave a comment: feel free to express your opinions.
Thank you for having accepted the challenge of this new course of lessons!
Best
Stefania Gialdroni
Prof. Conte and I would be really happy to know what do you think about the Law and the Humanities course of lessons that we experimented this year. Which lessons did you enjoy the most? What would you suggest to change? Did anything disappoint you? Someone already told me his/her ideas for a similar course next year but it would be useful to repete them on the blog. You can just leave a comment: feel free to express your opinions.
Thank you for having accepted the challenge of this new course of lessons!
Best
Stefania Gialdroni
Thursday 22 May 2008
Last Lecture
Dear students,
Prof. Kiesow's lesson will take place on Wednesday the 28th of May from 12:00 a.m to 13:30 a.m. in the room number 9.
Best
Prof. Kiesow's lesson will take place on Wednesday the 28th of May from 12:00 a.m to 13:30 a.m. in the room number 9.
Best
Prof. Vano's Lectures: Law and Cinema
Dear all,
here some information about Prof. Vano's lessons, readings and C.V.. We are finally arrived at the end of our Law and the Humanities course of lessons, but don't forget the important, conclusive lesson by Prof. Kiesow on May the 28th. Probably the lesson will take place a little bit earlier, at 12:00, but it is very important that you will be there. So...don't forget to have a look at the blog!
Abstract:
Roma tre, May 21-23, 2008
Law & Cinema. Chaplin’s Modern Times: a “deep sense of unlawfullness”
May 21, 2008
Film screening
Modern Times (1936)
Directed by Ch. Chaplin
Short Introduction: The Universe of industrial Labour, Cinema and Legal History
May 22 -23, 2008
Discussion about the movie and selection of the principle themes of legal historical relevance.
From Europe to America and Back to Europe.
Chaplin and the American working class
Observations upon Max Weber’s view of the American labour relations
Readings:
Steven J. Ross, Struggles for the screen: Workers, Radicals, and the political Uses of Silent Film, in The American Historical Review, vol. 96, n. 2 (1991), pp.333-367
Carlo Nitsch, Prospettive dalla riflessione weberiana sulle condizioni di lavoro negli Stati Uniti, in Materiali per una storia della cultura giuridica moderna, 2007 /2, pp.337 ss.
C.V.:
Cristina Vano
Associate Professor, since 2002, of Medieval and Modern Legal History at the Law Faculty of the University of Naples "Federico II". Member of the academic committee of the Research Doctorate in “Roman Law and Roman Law Tradition: the foundations of European law”. Member of the editorial board of the journal “Scienza & politica” (1993-2006) and of "Index. International Survey of Roman Law",(since 2001). She spent long periods of research in Italian and foreign Research Institutes such as: the Istituto storico italo-germanico in Trento (1986), University of Berlin (1987, 1990), University of Trier (1991-1992), the Institut für Römisches und gemeines Recht di Göttingen (1994), the University of California at Berkeley, Robbins Collection, (1996) and above all at the Max Planck Institut für Europäische Rechtsgeschichte in Frankfurt am Main. Member of several international research groups, she taught courses and delivered conferences in many Universities in Italy and abroad (Germany, Switzerland, Spain, Sweden, Portugal). Her research focuses on Savigny and the Historical School with special regard to the construction processes of European nineteenth century legal science and to the communication strategies of scientific knowledge. Her book Il nostro autentico Gaio. Strategie della scuola storica alle origini della romanistica moderna (Napoli 2000) has been recently translated into german (Frankfurt 2008). Moreover she is interested in the history of Italian and European juridical culture of the XIX and XX century, with particular attention for such themes as the use of comparative methods, the professionalization of the jurist, the history of Labour Law.
here some information about Prof. Vano's lessons, readings and C.V.. We are finally arrived at the end of our Law and the Humanities course of lessons, but don't forget the important, conclusive lesson by Prof. Kiesow on May the 28th. Probably the lesson will take place a little bit earlier, at 12:00, but it is very important that you will be there. So...don't forget to have a look at the blog!
Abstract:
Roma tre, May 21-23, 2008
Law & Cinema. Chaplin’s Modern Times: a “deep sense of unlawfullness”
May 21, 2008
Film screening
Modern Times (1936)
Directed by Ch. Chaplin
Short Introduction: The Universe of industrial Labour, Cinema and Legal History
May 22 -23, 2008
Discussion about the movie and selection of the principle themes of legal historical relevance.
From Europe to America and Back to Europe.
Chaplin and the American working class
Observations upon Max Weber’s view of the American labour relations
Readings:
Steven J. Ross, Struggles for the screen: Workers, Radicals, and the political Uses of Silent Film, in The American Historical Review, vol. 96, n. 2 (1991), pp.333-367
Carlo Nitsch, Prospettive dalla riflessione weberiana sulle condizioni di lavoro negli Stati Uniti, in Materiali per una storia della cultura giuridica moderna, 2007 /2, pp.337 ss.
C.V.:
Cristina Vano
Associate Professor, since 2002, of Medieval and Modern Legal History at the Law Faculty of the University of Naples "Federico II". Member of the academic committee of the Research Doctorate in “Roman Law and Roman Law Tradition: the foundations of European law”. Member of the editorial board of the journal “Scienza & politica” (1993-2006) and of "Index. International Survey of Roman Law",(since 2001). She spent long periods of research in Italian and foreign Research Institutes such as: the Istituto storico italo-germanico in Trento (1986), University of Berlin (1987, 1990), University of Trier (1991-1992), the Institut für Römisches und gemeines Recht di Göttingen (1994), the University of California at Berkeley, Robbins Collection, (1996) and above all at the Max Planck Institut für Europäische Rechtsgeschichte in Frankfurt am Main. Member of several international research groups, she taught courses and delivered conferences in many Universities in Italy and abroad (Germany, Switzerland, Spain, Sweden, Portugal). Her research focuses on Savigny and the Historical School with special regard to the construction processes of European nineteenth century legal science and to the communication strategies of scientific knowledge. Her book Il nostro autentico Gaio. Strategie della scuola storica alle origini della romanistica moderna (Napoli 2000) has been recently translated into german (Frankfurt 2008). Moreover she is interested in the history of Italian and European juridical culture of the XIX and XX century, with particular attention for such themes as the use of comparative methods, the professionalization of the jurist, the history of Labour Law.
Thursday 15 May 2008
Prof. Conde's Lectures: Law and Cinema
Dear all,
with a little bit of delay, finally on the blog all the information about Prof. Conde's lectures, readings and c.v.
Abstract:
The lectures will introduce the ‘law and cinema’ contemporary scholarship, trying to look critically (from a european perspective) at some of its premises and results.
Therefore we will focus on underline one of the possible intersections between law and films: that of ‘cinema in law’ (or law on cinema). This approach is by far much less attended (and maybe less ‘funny’, more ‘serious’) than the classical ‘law in cinema’ studies or the (amusing and even ‘worrying’) ‘law as cinema/cinema as law’ debates.
More specifically we will tackle some US Supreme Court decisions (and indecisions) to concisely describe the way in which censorship on films has been –constitutionally and legally- formulated in the twentieth century.
The account should serve as an example –and encouragement- for those students interested in the development of similar subjects, which are not necessarily involved with totalitarian regimes or tendencies.And above all, it is a proposal –and a provocation- concerning the unavoidable (self)analysis about the (individual, social, juridical, economical) limits and burdens of freedom of speech.
Readings:
A) The Yale Law Journal, Vol. 98, No.8, “Popular Legal Culture” (June 1989) (“Introduction”, pp. 1545-1558; Lawrence M. Friedman, “Law, Lawyers, and Popular Culture”, pp. 1579-1606)
C.V.
with a little bit of delay, finally on the blog all the information about Prof. Conde's lectures, readings and c.v.
Abstract:
The lectures will introduce the ‘law and cinema’ contemporary scholarship, trying to look critically (from a european perspective) at some of its premises and results.
Therefore we will focus on underline one of the possible intersections between law and films: that of ‘cinema in law’ (or law on cinema). This approach is by far much less attended (and maybe less ‘funny’, more ‘serious’) than the classical ‘law in cinema’ studies or the (amusing and even ‘worrying’) ‘law as cinema/cinema as law’ debates.
More specifically we will tackle some US Supreme Court decisions (and indecisions) to concisely describe the way in which censorship on films has been –constitutionally and legally- formulated in the twentieth century.
The account should serve as an example –and encouragement- for those students interested in the development of similar subjects, which are not necessarily involved with totalitarian regimes or tendencies.And above all, it is a proposal –and a provocation- concerning the unavoidable (self)analysis about the (individual, social, juridical, economical) limits and burdens of freedom of speech.
Readings:
A) The Yale Law Journal, Vol. 98, No.8, “Popular Legal Culture” (June 1989) (“Introduction”, pp. 1545-1558; Lawrence M. Friedman, “Law, Lawyers, and Popular Culture”, pp. 1579-1606)
Stefan Machura/Peter Robson (eds.), Journal of Law and Society, Vol. 28, No. 1, “Law and Film” (March 2001). The “Introduction”, pp.1-8, includes a selected bibliography (1986-1999)
B) “Motion Pictures and the First Amendment”, The Yale Law Journal, Vol. 60, No. 4. (April 1951), pp. 696-719.
C.V.
Esteban Conde (Barcelona, 1971), Legal Historian (Universities of Barcelona –Autónoma- and now Huelva), received his Ph.D. in Law in 2003. He has written two books (1998, 2006) about the main (and constructive) role played by ‘enlightened’ censorship in Spain, and several articles on police power (its metaphores, tradition and development at the end of the Ancien Régime).
Over the past five years, he has used some interdisciplinary approaches as a tool to teach legal history: litterature and law, and more recently cinema and law.Pictures Law and Music
One of your collegues had the good idea to take some pictures of the recent Law and Music lesson. It's a nice way to remember one of the "special events" of our L&H course of lessons.
Monday 5 May 2008
Law and Music on May the 8th
Dear all,
Prof. Resta's lesson will take place in the Hall number 4 at 9:30 (instead of the usual 10:00 o'clock).
Best
Prof. Resta's lesson will take place in the Hall number 4 at 9:30 (instead of the usual 10:00 o'clock).
Best
Sunday 4 May 2008
Next Week: Ascheri, Resta & Polimanti, Zeno-Zencovich
Dear all,
next week will be a week full of events as Prof. Mario Ascheri will talk about Law and Figurative Art (precisely on the Buongoverno frescoes in Siena), Prof. Giorgio Resta, with the help of M° Enrico Maria Polimanti (who will play the piano), about Law and Music and Prof. Vincenzo Zeno-Zencovich about Law and Cinema. Here some information about each class:
7th May 2008: Prof. Ascheri, Law and Figurative Art
Abstract
The lectures will stress the unique institutional situation of Sienese context of early XIV century and therefore the meaning of 'Buongoverno' frescoes, with particular attention to the theme of the Justice.
Bibliography
W. Bowsky, A Medieval Italian Commune, Siena under the Nine 1287-1355, Berkeley 1981
R. Starn, The Palazzo Pubblico, Siena, New York 1994, or his The republican regime of the Sala dei Nove in Siena, in his: Arts of power, Berkeley 1992, pp. 11-80
Q. Skinner, Ambrogio Lorenzetti's Buongoverno frescoes: two old questions, two new answers, in "Journal of the Warburg and Courtauld Institute", LXII (1999), pp. 1-28.
C.V.
Legal historian (Universities of Sassari, Siena and now Rome 3, 2001-), advisor of Max-Panck-Institut in Frankfurt and Senior fellow of Robbins collection (Berkeley, Law School) has written on courts and institutions (Bologna 1996), medieval institution (Bologna 1999), laws of Italian Middle Ages (Rome 2000) and city-states (Bologna 2006).
8th May 2008: Prof. Resta (University of Bari) and M° Polimanti, Law and Music
Abstract
At a first look, 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, 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 (f.i. Salvatore Pugliatti) and at the same time several important composers and musicians have had a legal training (among the others Carl Philipp Emmanuel Bach, Schumann, Stravinsky).
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. Not by chance, we can find the same debates between originalists, intentionalists and contextualists in law and in music as well.
In my lecture I will try to elaborate more on this subject, with the aid of a professional musician (M° Enrico Maria Polimanti) who will illustrate the most important intellectual trends and the practical problems of interpretation day by day faced by a musical performer. I will also approach the subject from a comparative perspective, looking at the different ways in which civil lawyers (Betti, Pugliatti) and common lawyers (Jerome Frank, Posner) have conceived the interaction between law and music.
Readings:
J. Frank, Words and Music, in 47 Columbia L. Rev. 1259 (1947)
S. Levinson, J.M. Balkin, Law, Music and other Performing Arts, in 139U.Pa. L. Rev. 1597 (1991)
T. Hall, The Score as Contract, in 20 Cardozo L. Rev. 1589 (1999)
J.M. Balkin, S. Levinson, Interpreting Law and Music: Performance Notes on "The Banjo Serenader" and "The Lying Crowd of Jewes", 1999
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.
9th May 2008: Prof Zeno-Zencovich, Law and Cinema
Readings:
M. Asimow, Embodiment of Evil: Law Firms in the Movies, in 48 Ucla L. Rev. 2000-2001, pp. 1340-1392
D.R Papke, Conventional Wisdom: The Courtroom Trial in American Popular Culture, in 82 Marq L. Rev. 1998-1999, pp. 471-489
next week will be a week full of events as Prof. Mario Ascheri will talk about Law and Figurative Art (precisely on the Buongoverno frescoes in Siena), Prof. Giorgio Resta, with the help of M° Enrico Maria Polimanti (who will play the piano), about Law and Music and Prof. Vincenzo Zeno-Zencovich about Law and Cinema. Here some information about each class:
7th May 2008: Prof. Ascheri, Law and Figurative Art
Abstract
The lectures will stress the unique institutional situation of Sienese context of early XIV century and therefore the meaning of 'Buongoverno' frescoes, with particular attention to the theme of the Justice.
Bibliography
W. Bowsky, A Medieval Italian Commune, Siena under the Nine 1287-1355, Berkeley 1981
R. Starn, The Palazzo Pubblico, Siena, New York 1994, or his The republican regime of the Sala dei Nove in Siena, in his: Arts of power, Berkeley 1992, pp. 11-80
Q. Skinner, Ambrogio Lorenzetti's Buongoverno frescoes: two old questions, two new answers, in "Journal of the Warburg and Courtauld Institute", LXII (1999), pp. 1-28.
C.V.
Legal historian (Universities of Sassari, Siena and now Rome 3, 2001-), advisor of Max-Panck-Institut in Frankfurt and Senior fellow of Robbins collection (Berkeley, Law School) has written on courts and institutions (Bologna 1996), medieval institution (Bologna 1999), laws of Italian Middle Ages (Rome 2000) and city-states (Bologna 2006).
8th May 2008: Prof. Resta (University of Bari) and M° Polimanti, Law and Music
Abstract
At a first look, 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, 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 (f.i. Salvatore Pugliatti) and at the same time several important composers and musicians have had a legal training (among the others Carl Philipp Emmanuel Bach, Schumann, Stravinsky).
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. Not by chance, we can find the same debates between originalists, intentionalists and contextualists in law and in music as well.
In my lecture I will try to elaborate more on this subject, with the aid of a professional musician (M° Enrico Maria Polimanti) who will illustrate the most important intellectual trends and the practical problems of interpretation day by day faced by a musical performer. I will also approach the subject from a comparative perspective, looking at the different ways in which civil lawyers (Betti, Pugliatti) and common lawyers (Jerome Frank, Posner) have conceived the interaction between law and music.
Readings:
J. Frank, Words and Music, in 47 Columbia L. Rev. 1259 (1947)
S. Levinson, J.M. Balkin, Law, Music and other Performing Arts, in 139U.Pa. L. Rev. 1597 (1991)
T. Hall, The Score as Contract, in 20 Cardozo L. Rev. 1589 (1999)
J.M. Balkin, S. Levinson, Interpreting Law and Music: Performance Notes on "The Banjo Serenader" and "The Lying Crowd of Jewes", 1999
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.
9th May 2008: Prof Zeno-Zencovich, Law and Cinema
Readings:
M. Asimow, Embodiment of Evil: Law Firms in the Movies, in 48 Ucla L. Rev. 2000-2001, pp. 1340-1392
D.R Papke, Conventional Wisdom: The Courtroom Trial in American Popular Culture, in 82 Marq L. Rev. 1998-1999, pp. 471-489
Friday 2 May 2008
Exam: Length
Dear students,
Prof. Conte doesn't want to give you precise limits concerning the length of your essay, so...unleash your creativity! The very important thing is that you have to write a real paper, divided into paragraphs and complete with footnotes: bibliographical references are fundamental!
Best
Prof. Conte doesn't want to give you precise limits concerning the length of your essay, so...unleash your creativity! The very important thing is that you have to write a real paper, divided into paragraphs and complete with footnotes: bibliographical references are fundamental!
Best
Thursday 1 May 2008
Exam: Questions
Dear students,
as you already know, you have to write an essay in English to pass the Law and the Humanities exam. We decided to give you the list of questions concerning the lessons that already took place, even if there will be, of course, other lessons and other questions. Anyway, we understand that you have many other exams to prepare and that it is better to begin as soon as possible.
You have to choose one subject and write your essay.
You can also propose a subject, if you think the ones below don't suit you. In this case, you should write me what you would like to do (stefaniagialdroni@libero.it).
Skeel:
1) How far can we apply the Law and Literature method to Italian law?
2) Try to interpret a part of the Italian constitution with the L&L method.
3) Law, culture and society in the US during the 20th century. The birth of the L&L movement.
4) Law and legal enforcement in Italy in the field of immigration law from a Law and Humanities perspective.
Conte:
1) The two models of relationship between law and history from the Middle Ages to the Historical School.
Gialdroni:
1) Legalism and equity: an opposition that is clear in Shakespeare’s Merchant of Venice and Measure for Measure. Can you find other examples of this opposition in Italian case law, and/or in Italian literature, and/or in Italian cinema?
2) Discrimination: in The Merchant of Venice not everyone stands equal before the law (e.g. the Jews are not citizens). Do you know an example of legal discrimination against Jews or other minorities in history? Try to analyse it from a strictly legal point of view.
3) Liberty of contract: Shylock’s contract in The Merchant of Venice is supposed to be against public policy. Which are the limitations of the liberty of contract in Italian contemporary legal system? Why isn’t it possible to ask “a pound of flash” as penalty?
Harreman:
1) Does it make sense, in your personal experience, to read Franz Kafka for a better understanding of law?
2) Read the short apologue on "Our laws" by Kafka and try to write a piece in the same style on "The Laws in Italy".
Guenthner:
1) Adorno, Althusser, Benjamin, Barthes and Deleuze. If you had to enlighten the law about its workings which of the thinkers named above would be your main source? Try to explain why and also comment on the potential risks involved in bringing such ‘outsider’ knowledge to the discipline of law.
2) Try to analyse Prof. Goodrich’s article focusing on its main points. The following questions might help you to structure your analysis. What is Prof. Goodrich’s understanding of Derrida’s early work? How does it differ from previous readings of Derrida in the legal academy? And how can legal theory profit from Derrida’s early work according to Prof. Goodrich’s reading?
Kiesow:
1) “Is law still law when injustice is involved? What may a modern state based on the rule of law do? How much force may it use?”.
Try to reflect on this quotations of Prof. Kiesow Man and Dog. The Modernity of Law: Jurists, Violence, Poetries, and a Photograph, referring also to the films The trial and/or To kill a mockingbird and/or Paths of glory.
as you already know, you have to write an essay in English to pass the Law and the Humanities exam. We decided to give you the list of questions concerning the lessons that already took place, even if there will be, of course, other lessons and other questions. Anyway, we understand that you have many other exams to prepare and that it is better to begin as soon as possible.
You have to choose one subject and write your essay.
You can also propose a subject, if you think the ones below don't suit you. In this case, you should write me what you would like to do (stefaniagialdroni@libero.it).
Skeel:
1) How far can we apply the Law and Literature method to Italian law?
2) Try to interpret a part of the Italian constitution with the L&L method.
3) Law, culture and society in the US during the 20th century. The birth of the L&L movement.
4) Law and legal enforcement in Italy in the field of immigration law from a Law and Humanities perspective.
Conte:
1) The two models of relationship between law and history from the Middle Ages to the Historical School.
Gialdroni:
1) Legalism and equity: an opposition that is clear in Shakespeare’s Merchant of Venice and Measure for Measure. Can you find other examples of this opposition in Italian case law, and/or in Italian literature, and/or in Italian cinema?
2) Discrimination: in The Merchant of Venice not everyone stands equal before the law (e.g. the Jews are not citizens). Do you know an example of legal discrimination against Jews or other minorities in history? Try to analyse it from a strictly legal point of view.
3) Liberty of contract: Shylock’s contract in The Merchant of Venice is supposed to be against public policy. Which are the limitations of the liberty of contract in Italian contemporary legal system? Why isn’t it possible to ask “a pound of flash” as penalty?
Harreman:
1) Does it make sense, in your personal experience, to read Franz Kafka for a better understanding of law?
2) Read the short apologue on "Our laws" by Kafka and try to write a piece in the same style on "The Laws in Italy".
Guenthner:
1) Adorno, Althusser, Benjamin, Barthes and Deleuze. If you had to enlighten the law about its workings which of the thinkers named above would be your main source? Try to explain why and also comment on the potential risks involved in bringing such ‘outsider’ knowledge to the discipline of law.
2) Try to analyse Prof. Goodrich’s article focusing on its main points. The following questions might help you to structure your analysis. What is Prof. Goodrich’s understanding of Derrida’s early work? How does it differ from previous readings of Derrida in the legal academy? And how can legal theory profit from Derrida’s early work according to Prof. Goodrich’s reading?
Kiesow:
1) “Is law still law when injustice is involved? What may a modern state based on the rule of law do? How much force may it use?”.
Try to reflect on this quotations of Prof. Kiesow Man and Dog. The Modernity of Law: Jurists, Violence, Poetries, and a Photograph, referring also to the films The trial and/or To kill a mockingbird and/or Paths of glory.
Thursday 24 April 2008
No lesson on April the 30th
Dear all,
there will be no lesson on the 30th of April and, as you already know, also on the 1st (of course...) and 2nd of May. Anyway, don't miss the interesting lectures of the second week of May (Ascheri, Resta-Polimanti, Zeno-Zencovich)!
SG
there will be no lesson on the 30th of April and, as you already know, also on the 1st (of course...) and 2nd of May. Anyway, don't miss the interesting lectures of the second week of May (Ascheri, Resta-Polimanti, Zeno-Zencovich)!
SG
Tuesday 22 April 2008
Law and Music
Dear all,
the lesson "Law and Music" (8th May, Aula Magna) will take place at 9:30 instead of 10:00 o'clock.
All best
SG
the lesson "Law and Music" (8th May, Aula Magna) will take place at 9:30 instead of 10:00 o'clock.
All best
SG
Wednesday 16 April 2008
Two new readings
Dear all,
there are two new articles by Prof. Kiesow:
1) R.M. Kiesow, The Silence of the Laws
2) R.M. Kiesow, Man and Dog. The Modernity of Law: Jurists, Violence, Poetries, and a Photograph
If you want to receive them, write me, and I will put your address in the mailing list of the Law and the Humanities course of lessons (stefaniagialdroni@libero.it).
there are two new articles by Prof. Kiesow:
1) R.M. Kiesow, The Silence of the Laws
2) R.M. Kiesow, Man and Dog. The Modernity of Law: Jurists, Violence, Poetries, and a Photograph
If you want to receive them, write me, and I will put your address in the mailing list of the Law and the Humanities course of lessons (stefaniagialdroni@libero.it).
Monday 14 April 2008
Next Lectures: Prof. Rainer Maria Kiesow
Dear all,
this week Prof. Kiesow will introduce us to the "Poetry of Law" and to the connections between Law, Literature and Archtecture, while discussing Orson Welles' famous adaptation of Kafka's "The Trial". Here more information about the lectures and about Prof. Kiesow's c.v.:
First Lecture on :
The Poetry of Law. Modernity, Architecture and Violence
It often seems that law is the main focus of the New Europe. Legal guarantees and procedures are primary conditions for accession states; a European Constitution was widely disputed and finally adopted, even under another name, with less simple symbolic but more complicated contractual legalism; without democracy and a constitutional state nothing seems to imagine in Europe, in our hyper-modern Europe which, over two decades, has seen a reunification (for example, in Germany) and at the same time a new fragmentation (for example, in the Balkans). The New Europe is being driven not just by economic (wealth), political (participation), and touristic (mobility) hopes, but also by legal ambitions. These concern justice, or at least legal procedures, i.e., the dual achievement of "democracy and law", in brief, the constitutional state. This is where history, more precisely, an old history of law, comes to the minds of the propagandists of the Europe of Law or the Law of Europe. In the opinion of these eager and highly educated legal-culture-Europeans, it is above all old Roman law, or rather the Ius Commune of the modern era that is based on it (e.g. Kötz, Zimmermann, most recently the German constitutional judge Di Fabio), which forms the (peaceful, cultural, civic, economic, constitutional) basis of the modern, and especially of the New Europe – a specific form of (legal) memory culture.
But which law, which kind of law, do the optimistic and historically-minded law-culture-Europeans (not only jurists and historians, but also politicians and publicists everywhere) imagine or remember? A law that is established, that acts as a guarantee, one could almost say a friendly and tangible law. A law which people can have, on which they can rely. But is this idyll of the law, this positive image of the law, this hope in the law – nurtured by history - not a deception, a cobbled-together memory, a fabrication which fails to recognise the real aspect of modern (and in particular of ancient) law? In order to question this willing deception, this almost folkloric idea of an established European law, it may be useful to reflect on the foundations of the law, its theory and its history in Europe.
There were (at least) three fields of Modern Law: the natural law of law, the alphabet of law, and the positive law. The examination of past notions of a scientifically based and developed law as well as the past and present attempt to order legal knowledge in Europe as well as the raise of positive law are, though not only, a story of the failure of modern law. On the one hand, the failed attempt to give law a secure foundation comparable to natural laws; on the other hand, the failed effort to tame a jurisprudence already perceived by the ancients as a collection of fragments and to offer at least a reliable arrangement of the eternally antagonistic laws, jurisdictions and doctrines; on the third hand, the failed effort to put the diverse jurisprudences into the prison of the LAW, given by a state.
A Poetry of Law aims to highlight the, as it were, positive side of the long history of law as ambiguous, uncertain, disorderly and fragmentary. One observation repeatedly made in the context of analyses of the law as based on natural law and order still remains surprising and in need of explanation: since antiquity the law has been perceived as something precarious, for which reason it has been divided and collected (digests), rearranged and set into a whole (pandects), confined in the margins of (medieval) glosses and commentaries and at the same time fixed as text. In the modern era it has been built up successively on concepts either of God, nature, or reason, and finally bounded by systems, science, and new laws. Yet the long history of attempts to secure this precarious law has always ended in the contemporary ascertainment that the law remained precarious and so had to continue to be secured: a process of uncertainty, certainty, uncertainty, certainty, and so on, that continues to this very day. The following is also surprising: Why has the law not long since lost its function of rendering the expectations of society members towards one another calculable, of allaying conflicts or exerting power "in a civic manner", especially as the law is obviously a very dubious fly-by-night? Why is the law still highly regarded in society, although contrary to what people expect of it and it expects of itself, it is perhaps the functional system that is most strongly based on uncertainty? Why is it that the constitutional state is regarded as the apotheosis of the historical development of society – as can be observed yet again in recent European history and as expressed not least in the demands made of EU accession candidates in terms of (not just human) rights – despite the fact that uncertainty is thus even installed as a fundamental principle of the modern, just, social state?
Perhaps these interrogative paradoxes can be unpicked if the poetic constitution of the law is focused on. The Poetry of Law aims to observe this from a historical, philosophical, and theoretical viewpoint. In the law itself and at its core, namely in jurisprudence, both the facts and the norm are constantly being newly produced. This takes place in the argumentative strategies of the parties in a legal battle and in the final decision of the judge, meaning that in the law, decisions are made, and reality is not recognised as such, but recognised only as lawful. In this sense, the law constantly exhibits uncertainty and ambiguity, that is, not the application of a fixed rule and thus the extraction of a clandestinely fixed meaning, but its construction, its poeisis.
This poietic principle of the law rests on the art of those jurists who "make" the law to also tame it. The triad of doctrine, jurisdiction and legislation tries to tame the huge surplus of (different and contradictory) meanings and possibilities. This produces another meaning which further feeds the surplus; what comes out of this legal business in the end is always a newly made addition.
A surplus of meanings: that is also the fundamental law of poetry and another reason for The Poetry of Law. To write such a poetry of law would run counter to the abundant ideas currently in circulation, above all in North America, about Law and Literature or Law as Literature (Dworkin, Fish, Posner, White, Ziolkowski). Historically (since the 1970s), L and L was a counter movement to the economic analysis of law and kept to the traditional trail of an, at best, learned contemplative analysis of legal matters in literature (Shakespeare, Kleist, Balzac, Kafka …). L as L seems more interesting, if not particularly innovative. Here, literary strategies and procedures are sought in the law itself, for example, by observing how lawyers "direct" the biography of the accused, which is so important for the length of the sentence, as a dramatic piece designed to impress the jury, or when literary tropes and arrangements are drawn from legal, judicial facts. Ultimately, L as L had nothing much to offer that is new, compared to the old European theory of legal argumentation.
The Poetry of Law examines the thesis whether it is not the poetry written into law, whether it is not the equivocal meanings of the law, whether it is not the law's rhetorical qualities that make the law so attractive, so fungible, and so readily instrumentalised in many different historical and contemporary societies. And is it not least this fungible aspect of the law which, in the European history of the last 200 years, runs quite contrary to the hopes that have been, and still are, placed in that law?
The Europe of Law so often evoked in ceremonial addresses and Festschriften, in political speeches and at European symposia, is a chimera, an artistic product. A study of the historical and current foundations of a Poetry of Law will perhaps urge people to discover the decisive aspect of law in the non-materially established foundations of a European law, and to see in the various laws, the various legal areas, the various literatures and architectures, the various interpretations, the various legal histories, the current legacy of Europe's legal memory. And perhaps it will be possible by this theory of fragmented law to formulate historically and theoretically nurtured arguments to show how legal globalisation does not mean universalism and universalism on a global level is what we have to fear: the elimination of differences. In such a legally uniformed world the poetry of law would come to his end.
Second lecture on:
The Silence of Laws. Introduction to The Trial from Orson Welles (with projection of the movie)
No abstract! (Art is “abstract-less”)
Third lecture:
Discussion
READINGS:
1) Franz Kafka, The Trial
2) Rainer Maria Kiesow, Law and Life, in: "Politics, Metaphysics, and Death. Essays on Giorgio Agamben’s Homo Sacer", hrsg. von Andrew Norris, Durham, London 2005 (Duke University Press), pp. 248-261.
Rainer Maria Kiesow
(*14.12.1963 in Frankfurt am Main).
1982-1988: Studies of Law in Frankfurt am Paris (Paris II).
1988 and 1995: First and Second Juridical State Examination .
1995: Ph.D in law with a thesis on “The Law and the Laws of Science”.
2003 and 2007: Habilitation in Modern legal history, Legal theory, Legal philosophy and Private Law (postdoctoral thesis “The Alphabet of the Law” [Das Alphabet des Rechts] and “Loans in the society of Risks” [Kredite in der Risikogesellschaft].
Since 1995: Chairman of the Leunclavius Society (Löwenklau Gesellschaft e.V.), Frankfurt am Main, publishers of the Legal History Journal (Rechtshistorisches Journal) and the series Research on Byzantine Legal History (Forschungen zur byzantinischen Rechtsgeschichte).
Since 1996: Tenured Fellow at the Max Planck Institute for European Legal History in Frankfurt am Main.
Since 2000: Member of the comission of the German-French translation programme of the Maison des Sciences de l’Homme, Paris.
1992 – 2001: Editor in charge, the Legal History Journal (Rechtshistorisches Journal).
Since 2002: Editor in charge, Legal History (Rechtsgeschichte. Journal of the Max Planck Institute for European Legal History).
Since 2004: Associate Professor at the Faculty of Law, University of Frankfurt am Main
2000 – 2005: Founding member of the Young Academy (at the Berlin-Brandenburg Academy of Sciences and the German Academy of Natural Sciences Leopoldina). 2000-2002 Chairman of the Young Academy.
Since 2007: Co-Founder and Director, Myops. Stories from the World of Law (Myops. Berichte aus der Welt des Rechts; trimestrial journal at the C.H.Beck Verlag, Munich).
Visiting Professor at the École des Hautes Études en Sciences Sociales, Paris ; the Maison des Sciences de l’Homme, Paris; University of Lecce, Italy.
this week Prof. Kiesow will introduce us to the "Poetry of Law" and to the connections between Law, Literature and Archtecture, while discussing Orson Welles' famous adaptation of Kafka's "The Trial". Here more information about the lectures and about Prof. Kiesow's c.v.:
First Lecture on :
The Poetry of Law. Modernity, Architecture and Violence
It often seems that law is the main focus of the New Europe. Legal guarantees and procedures are primary conditions for accession states; a European Constitution was widely disputed and finally adopted, even under another name, with less simple symbolic but more complicated contractual legalism; without democracy and a constitutional state nothing seems to imagine in Europe, in our hyper-modern Europe which, over two decades, has seen a reunification (for example, in Germany) and at the same time a new fragmentation (for example, in the Balkans). The New Europe is being driven not just by economic (wealth), political (participation), and touristic (mobility) hopes, but also by legal ambitions. These concern justice, or at least legal procedures, i.e., the dual achievement of "democracy and law", in brief, the constitutional state. This is where history, more precisely, an old history of law, comes to the minds of the propagandists of the Europe of Law or the Law of Europe. In the opinion of these eager and highly educated legal-culture-Europeans, it is above all old Roman law, or rather the Ius Commune of the modern era that is based on it (e.g. Kötz, Zimmermann, most recently the German constitutional judge Di Fabio), which forms the (peaceful, cultural, civic, economic, constitutional) basis of the modern, and especially of the New Europe – a specific form of (legal) memory culture.
But which law, which kind of law, do the optimistic and historically-minded law-culture-Europeans (not only jurists and historians, but also politicians and publicists everywhere) imagine or remember? A law that is established, that acts as a guarantee, one could almost say a friendly and tangible law. A law which people can have, on which they can rely. But is this idyll of the law, this positive image of the law, this hope in the law – nurtured by history - not a deception, a cobbled-together memory, a fabrication which fails to recognise the real aspect of modern (and in particular of ancient) law? In order to question this willing deception, this almost folkloric idea of an established European law, it may be useful to reflect on the foundations of the law, its theory and its history in Europe.
There were (at least) three fields of Modern Law: the natural law of law, the alphabet of law, and the positive law. The examination of past notions of a scientifically based and developed law as well as the past and present attempt to order legal knowledge in Europe as well as the raise of positive law are, though not only, a story of the failure of modern law. On the one hand, the failed attempt to give law a secure foundation comparable to natural laws; on the other hand, the failed effort to tame a jurisprudence already perceived by the ancients as a collection of fragments and to offer at least a reliable arrangement of the eternally antagonistic laws, jurisdictions and doctrines; on the third hand, the failed effort to put the diverse jurisprudences into the prison of the LAW, given by a state.
A Poetry of Law aims to highlight the, as it were, positive side of the long history of law as ambiguous, uncertain, disorderly and fragmentary. One observation repeatedly made in the context of analyses of the law as based on natural law and order still remains surprising and in need of explanation: since antiquity the law has been perceived as something precarious, for which reason it has been divided and collected (digests), rearranged and set into a whole (pandects), confined in the margins of (medieval) glosses and commentaries and at the same time fixed as text. In the modern era it has been built up successively on concepts either of God, nature, or reason, and finally bounded by systems, science, and new laws. Yet the long history of attempts to secure this precarious law has always ended in the contemporary ascertainment that the law remained precarious and so had to continue to be secured: a process of uncertainty, certainty, uncertainty, certainty, and so on, that continues to this very day. The following is also surprising: Why has the law not long since lost its function of rendering the expectations of society members towards one another calculable, of allaying conflicts or exerting power "in a civic manner", especially as the law is obviously a very dubious fly-by-night? Why is the law still highly regarded in society, although contrary to what people expect of it and it expects of itself, it is perhaps the functional system that is most strongly based on uncertainty? Why is it that the constitutional state is regarded as the apotheosis of the historical development of society – as can be observed yet again in recent European history and as expressed not least in the demands made of EU accession candidates in terms of (not just human) rights – despite the fact that uncertainty is thus even installed as a fundamental principle of the modern, just, social state?
Perhaps these interrogative paradoxes can be unpicked if the poetic constitution of the law is focused on. The Poetry of Law aims to observe this from a historical, philosophical, and theoretical viewpoint. In the law itself and at its core, namely in jurisprudence, both the facts and the norm are constantly being newly produced. This takes place in the argumentative strategies of the parties in a legal battle and in the final decision of the judge, meaning that in the law, decisions are made, and reality is not recognised as such, but recognised only as lawful. In this sense, the law constantly exhibits uncertainty and ambiguity, that is, not the application of a fixed rule and thus the extraction of a clandestinely fixed meaning, but its construction, its poeisis.
This poietic principle of the law rests on the art of those jurists who "make" the law to also tame it. The triad of doctrine, jurisdiction and legislation tries to tame the huge surplus of (different and contradictory) meanings and possibilities. This produces another meaning which further feeds the surplus; what comes out of this legal business in the end is always a newly made addition.
A surplus of meanings: that is also the fundamental law of poetry and another reason for The Poetry of Law. To write such a poetry of law would run counter to the abundant ideas currently in circulation, above all in North America, about Law and Literature or Law as Literature (Dworkin, Fish, Posner, White, Ziolkowski). Historically (since the 1970s), L and L was a counter movement to the economic analysis of law and kept to the traditional trail of an, at best, learned contemplative analysis of legal matters in literature (Shakespeare, Kleist, Balzac, Kafka …). L as L seems more interesting, if not particularly innovative. Here, literary strategies and procedures are sought in the law itself, for example, by observing how lawyers "direct" the biography of the accused, which is so important for the length of the sentence, as a dramatic piece designed to impress the jury, or when literary tropes and arrangements are drawn from legal, judicial facts. Ultimately, L as L had nothing much to offer that is new, compared to the old European theory of legal argumentation.
The Poetry of Law examines the thesis whether it is not the poetry written into law, whether it is not the equivocal meanings of the law, whether it is not the law's rhetorical qualities that make the law so attractive, so fungible, and so readily instrumentalised in many different historical and contemporary societies. And is it not least this fungible aspect of the law which, in the European history of the last 200 years, runs quite contrary to the hopes that have been, and still are, placed in that law?
The Europe of Law so often evoked in ceremonial addresses and Festschriften, in political speeches and at European symposia, is a chimera, an artistic product. A study of the historical and current foundations of a Poetry of Law will perhaps urge people to discover the decisive aspect of law in the non-materially established foundations of a European law, and to see in the various laws, the various legal areas, the various literatures and architectures, the various interpretations, the various legal histories, the current legacy of Europe's legal memory. And perhaps it will be possible by this theory of fragmented law to formulate historically and theoretically nurtured arguments to show how legal globalisation does not mean universalism and universalism on a global level is what we have to fear: the elimination of differences. In such a legally uniformed world the poetry of law would come to his end.
Second lecture on:
The Silence of Laws. Introduction to The Trial from Orson Welles (with projection of the movie)
No abstract! (Art is “abstract-less”)
Third lecture:
Discussion
READINGS:
1) Franz Kafka, The Trial
2) Rainer Maria Kiesow, Law and Life, in: "Politics, Metaphysics, and Death. Essays on Giorgio Agamben’s Homo Sacer", hrsg. von Andrew Norris, Durham, London 2005 (Duke University Press), pp. 248-261.
Rainer Maria Kiesow
(*14.12.1963 in Frankfurt am Main).
1982-1988: Studies of Law in Frankfurt am Paris (Paris II).
1988 and 1995: First and Second Juridical State Examination .
1995: Ph.D in law with a thesis on “The Law and the Laws of Science”.
2003 and 2007: Habilitation in Modern legal history, Legal theory, Legal philosophy and Private Law (postdoctoral thesis “The Alphabet of the Law” [Das Alphabet des Rechts] and “Loans in the society of Risks” [Kredite in der Risikogesellschaft].
Since 1995: Chairman of the Leunclavius Society (Löwenklau Gesellschaft e.V.), Frankfurt am Main, publishers of the Legal History Journal (Rechtshistorisches Journal) and the series Research on Byzantine Legal History (Forschungen zur byzantinischen Rechtsgeschichte).
Since 1996: Tenured Fellow at the Max Planck Institute for European Legal History in Frankfurt am Main.
Since 2000: Member of the comission of the German-French translation programme of the Maison des Sciences de l’Homme, Paris.
1992 – 2001: Editor in charge, the Legal History Journal (Rechtshistorisches Journal).
Since 2002: Editor in charge, Legal History (Rechtsgeschichte. Journal of the Max Planck Institute for European Legal History).
Since 2004: Associate Professor at the Faculty of Law, University of Frankfurt am Main
2000 – 2005: Founding member of the Young Academy (at the Berlin-Brandenburg Academy of Sciences and the German Academy of Natural Sciences Leopoldina). 2000-2002 Chairman of the Young Academy.
Since 2007: Co-Founder and Director, Myops. Stories from the World of Law (Myops. Berichte aus der Welt des Rechts; trimestrial journal at the C.H.Beck Verlag, Munich).
Visiting Professor at the École des Hautes Études en Sciences Sociales, Paris ; the Maison des Sciences de l’Homme, Paris; University of Lecce, Italy.
Wednesday 9 April 2008
Name and Surname
Hi there! Thank you for your answers: they are all very interesting and useful to us to understand your way of thinking. In general, I think that the aim of the seminar has been reached: to think about law from many different points of view. Just one thing: leave your name and surname. E.g: who exactly is "Serena"? I have two in my mailing list. You can also write me an e mail to tell me that. Best
Sunday 6 April 2008
A question for you
Dear all,
Dr. Harremann suggested a question about his lessons:
"Does it make sense to read Kafka for a better understanding of law?"
You can try to answer this question on the blog. But remember: leave your name or at least your "matricola". Let's try!
Dr. Harremann suggested a question about his lessons:
"Does it make sense to read Kafka for a better understanding of law?"
You can try to answer this question on the blog. But remember: leave your name or at least your "matricola". Let's try!
Saturday 5 April 2008
Next Lectures: Stefanie Guenthner
Dear all,
next week, Stefanie Guenthner will talk about other very important issues of the Law and Literature movement: interdisciplinarity, legal methodology and legal theory. Here the scheme of her lessons and...don't forget the readings!
Program and Readings:
9th April:
Law and Literature: Interdisciplinarity (re-)visited
Suggested reading: Stanley Fish, Being Interdisciplinary Is So Very Hard to Do, in: id., There’s No Such Thing as Free Speech (And it’s a Good Thing Too), New York/Oxford 1994, 231-242.
10th April:
Deconstructive Criticisms of Law Part I:
Legal Methodology or Legal Theory?
Suggested reading: Jack Balkin, Deconstructive Practice and Legal Theory, 96 Yale Law Journal (1987), 743 ff.
11th April:
Deconstructive Criticisms of Law Part II:
Legal Methodology or Legal Theory?
Suggested reading: Peter Goodrich, Europe in America. Grammatology, Legal Studies, And The Politics of Transmission, 101 Columbia Law Review (2001), 2033 ff.
Curriculum Vitae:
Stefanie Günthner (* 09.10.1977 in Stuttgart, Germany)
1997-2005 Studies of German and Law at the University of Freiburg
Dec. 2002 M.A. German Literature
June 2005 First German State Diploma in Law
Fall 2005-2006 Visiting Postgraduate Student at Birkbeck Law School, London
Fall 2006-2007 Visiting PhD Student at the London School of Economics and Political Science (LSE)
Since Oct. 2007: Visiting PhD Student at the École des Hautes Études en Sciences Sociales (EHESS, Paris)
next week, Stefanie Guenthner will talk about other very important issues of the Law and Literature movement: interdisciplinarity, legal methodology and legal theory. Here the scheme of her lessons and...don't forget the readings!
Program and Readings:
9th April:
Law and Literature: Interdisciplinarity (re-)visited
Suggested reading: Stanley Fish, Being Interdisciplinary Is So Very Hard to Do, in: id., There’s No Such Thing as Free Speech (And it’s a Good Thing Too), New York/Oxford 1994, 231-242.
10th April:
Deconstructive Criticisms of Law Part I:
Legal Methodology or Legal Theory?
Suggested reading: Jack Balkin, Deconstructive Practice and Legal Theory, 96 Yale Law Journal (1987), 743 ff.
11th April:
Deconstructive Criticisms of Law Part II:
Legal Methodology or Legal Theory?
Suggested reading: Peter Goodrich, Europe in America. Grammatology, Legal Studies, And The Politics of Transmission, 101 Columbia Law Review (2001), 2033 ff.
Curriculum Vitae:
Stefanie Günthner (* 09.10.1977 in Stuttgart, Germany)
1997-2005 Studies of German and Law at the University of Freiburg
Dec. 2002 M.A. German Literature
June 2005 First German State Diploma in Law
Fall 2005-2006 Visiting Postgraduate Student at Birkbeck Law School, London
Fall 2006-2007 Visiting PhD Student at the London School of Economics and Political Science (LSE)
Since Oct. 2007: Visiting PhD Student at the École des Hautes Études en Sciences Sociales (EHESS, Paris)
New Program Law and the Humanities
Week 1
12.03.08-14.03.08
Introduction
Prof. David Arthur Skeel
University of Pennsylvania Law School (USA)
Week 2
19.03.08-21.03.08
Law and History
Prof. Emanuele Conte
University RomaTre (Italy)
Week 3
26.03.08-28.03.08
Law and Literature
Stefania Gialdroni
PhD candidate: University of Milan "Bicocca" (Italy) and EHESS, Paris (France)
Week 4
02.04.08-04.04.08
Law and Literature
Dr. Marc Harreman
University RomaTre (Italy)
Week 5
09.04.08-11.04.08
Law and Literature
Stefanie Günthner
PhD candidate: EHESS, Paris (France)
Week 6
16.04.08-18.04.08
Law, Literature and Architecture
Prof. Rainer Maria Kiesow
University of Frankfurt am Main and Max-Planck Institut für Europäische Rechtsgeschichte (Germany).
"The Trial" (1962)
Directed by:
Orson Welles
Starring:
Anthony Perkins, Orson Welles, Jeanne Moreau,
Romy Schneider, Akim Taniroff, Elsa Martinelli
Week 7
23.04.08 and 24. 04.08 (Friday 25: Liberazione)
Screening of films:
23.04:
1) "To Kill a Mockingbird" (1962)
Directed by: Robert Mulligan
Starring:
Gregory Peck
Mary Badham
Philip Alford
24.04:
2) "Paths of Glory" (1957)
Directed by: Stanley Kubrick
Starring:
Kirk Douglas
Ralph Meeker
Week 8
30.04.08
(no lesson on the 1st and 2nd of May)
Discussion with Prof. Conte
Week 9
07.05.08-09.05.08
Law and Figurative Art
07.05.08: Prof. Mario Ascheri University RomaTre (Italy)
Law and Music
08.05.08: Prof. Giorgio Resta University of Bari (Italy)
and Enrico Maria Polimanti, pianist
Law and Cinema
09.05.08: Prof. Vincenzo Zeno-Zencovich
University Roma3 (Italy)
Week 10
14.05.08-16.05.08
Law and Cinema
14.05.08: Screening of films:
“Il miracolo” (1948)
Directed by Roberto Rossellini
Starring:
Federico Fellini
Anna Magnani
Prof. Esteban Conde
University of Huelva (Spain)
Week 11
21.05.08-23.05.08
Law and Cinema
21.05.08: Screening of a film:
“Modern Times” (1936)
Directed by: Charlie Chaplin
Starring:
Charlie Chaplin, Paulette Goddard, Henry Bergman
Prof. Cristina Vano
University of Naples "Federico II" (Italy)
Week 12
28.05.08
Conclusion
Prof. Rainer Maria Kiesow
12.03.08-14.03.08
Introduction
Prof. David Arthur Skeel
University of Pennsylvania Law School (USA)
Week 2
19.03.08-21.03.08
Law and History
Prof. Emanuele Conte
University RomaTre (Italy)
Week 3
26.03.08-28.03.08
Law and Literature
Stefania Gialdroni
PhD candidate: University of Milan "Bicocca" (Italy) and EHESS, Paris (France)
Week 4
02.04.08-04.04.08
Law and Literature
Dr. Marc Harreman
University RomaTre (Italy)
Week 5
09.04.08-11.04.08
Law and Literature
Stefanie Günthner
PhD candidate: EHESS, Paris (France)
Week 6
16.04.08-18.04.08
Law, Literature and Architecture
Prof. Rainer Maria Kiesow
University of Frankfurt am Main and Max-Planck Institut für Europäische Rechtsgeschichte (Germany).
"The Trial" (1962)
Directed by:
Orson Welles
Starring:
Anthony Perkins, Orson Welles, Jeanne Moreau,
Romy Schneider, Akim Taniroff, Elsa Martinelli
Week 7
23.04.08 and 24. 04.08 (Friday 25: Liberazione)
Screening of films:
23.04:
1) "To Kill a Mockingbird" (1962)
Directed by: Robert Mulligan
Starring:
Gregory Peck
Mary Badham
Philip Alford
24.04:
2) "Paths of Glory" (1957)
Directed by: Stanley Kubrick
Starring:
Kirk Douglas
Ralph Meeker
Week 8
30.04.08
(no lesson on the 1st and 2nd of May)
Discussion with Prof. Conte
Week 9
07.05.08-09.05.08
Law and Figurative Art
07.05.08: Prof. Mario Ascheri University RomaTre (Italy)
Law and Music
08.05.08: Prof. Giorgio Resta University of Bari (Italy)
and Enrico Maria Polimanti, pianist
Law and Cinema
09.05.08: Prof. Vincenzo Zeno-Zencovich
University Roma3 (Italy)
Week 10
14.05.08-16.05.08
Law and Cinema
14.05.08: Screening of films:
“Il miracolo” (1948)
Directed by Roberto Rossellini
Starring:
Federico Fellini
Anna Magnani
Prof. Esteban Conde
University of Huelva (Spain)
Week 11
21.05.08-23.05.08
Law and Cinema
21.05.08: Screening of a film:
“Modern Times” (1936)
Directed by: Charlie Chaplin
Starring:
Charlie Chaplin, Paulette Goddard, Henry Bergman
Prof. Cristina Vano
University of Naples "Federico II" (Italy)
Week 12
28.05.08
Conclusion
Prof. Rainer Maria Kiesow
Wednesday 2 April 2008
Next Lectures: Dr. Marc Harreman
Program “Law & Franz Kafka”:
Lecture 1
‘Franz Kafka is Law-and-literature’ (Wednesday, 2 April 2008)
- Introduction to Franz Kafka, his life and his work
Lecture 2
‘The Trial (Der Prozess)’ (Thursday, 3 April 2008)
- Kafka’s most famous novel
Lecture 3
‘Franz Kafka in Law-and-literature’ (Friday, 4 April 2008)
- Franz Kafka in judicial opinions and scientific discussions (Robin Posner vs. Richard Posner)
READINGS:
Martha S. Robinson, The Law of the State in Kafka’s Trial, in “ALSA F.” 6(1982), p. 127-148
Robin West, Authority, Autonomy, and Choice: The Role of Consent in the Moral and Political Visions of Franz Kafka and Richard Posner, in “Harvard Law Review”, 99 (1985), p. 384-428
Richard A. Posner, The Ethical Significance of Free Choice: A Reply to Professor West, “Harvard Law Review”, 99 (1986), p. 1431-1448
Two parables of Franz Kafka:
- The problem of our laws (‘Zur Frage der Gesetze’)
- The gate-keeper (excerpt from “The Trial”)
Curriculum Dr. M.M.L. Harreman:
Marc Harreman is both guest teacher at the Faculty of Political Sciences and the Faculty of Law at the University Roma 3. He is an expert in the field of civil and procedural law and has published several articles in these fields. Mr. Harreman was born in Geleen in 1970 (The Netherlands). He completed his law degree in 1994 at the Rijksuniversiteit Leiden. During his law study, Mr. Harreman studied at the Ruprecht-Karls-Universität Heidelberg in Germany under the Erasmus scholarship program. Mr. Harreman taught, as a guest professor, arbitration law at the University of Letland in Riga and worked for different law firms in Austria and in The Netherlands, including Reif-Breitwieser in Vienna and Russell in Amsterdam. From 2000 to 2007 Mr. Harreman was a Lecturer of Civil Law at the Erasmus University of Rotterdam and holds a Ph.D. awarded by this University. He wrote his dissertation on: “Seizures for security in order to obtain consignment of goods, English translation of the Dutch title: A study regarding the application of art. 730 of the Code of Civil Proceeding, also from a historical point of view”, published by Boom Juridische Uitgevers, The Hague, 2007.
Lecture 1
‘Franz Kafka is Law-and-literature’ (Wednesday, 2 April 2008)
- Introduction to Franz Kafka, his life and his work
Lecture 2
‘The Trial (Der Prozess)’ (Thursday, 3 April 2008)
- Kafka’s most famous novel
Lecture 3
‘Franz Kafka in Law-and-literature’ (Friday, 4 April 2008)
- Franz Kafka in judicial opinions and scientific discussions (Robin Posner vs. Richard Posner)
READINGS:
Martha S. Robinson, The Law of the State in Kafka’s Trial, in “ALSA F.” 6(1982), p. 127-148
Robin West, Authority, Autonomy, and Choice: The Role of Consent in the Moral and Political Visions of Franz Kafka and Richard Posner, in “Harvard Law Review”, 99 (1985), p. 384-428
Richard A. Posner, The Ethical Significance of Free Choice: A Reply to Professor West, “Harvard Law Review”, 99 (1986), p. 1431-1448
Two parables of Franz Kafka:
- The problem of our laws (‘Zur Frage der Gesetze’)
- The gate-keeper (excerpt from “The Trial”)
Curriculum Dr. M.M.L. Harreman:
Marc Harreman is both guest teacher at the Faculty of Political Sciences and the Faculty of Law at the University Roma 3. He is an expert in the field of civil and procedural law and has published several articles in these fields. Mr. Harreman was born in Geleen in 1970 (The Netherlands). He completed his law degree in 1994 at the Rijksuniversiteit Leiden. During his law study, Mr. Harreman studied at the Ruprecht-Karls-Universität Heidelberg in Germany under the Erasmus scholarship program. Mr. Harreman taught, as a guest professor, arbitration law at the University of Letland in Riga and worked for different law firms in Austria and in The Netherlands, including Reif-Breitwieser in Vienna and Russell in Amsterdam. From 2000 to 2007 Mr. Harreman was a Lecturer of Civil Law at the Erasmus University of Rotterdam and holds a Ph.D. awarded by this University. He wrote his dissertation on: “Seizures for security in order to obtain consignment of goods, English translation of the Dutch title: A study regarding the application of art. 730 of the Code of Civil Proceeding, also from a historical point of view”, published by Boom Juridische Uitgevers, The Hague, 2007.
Tuesday 25 March 2008
Shakespeare in Law
The next lecture (Wednesday the 26th) will take place at 1:45 in the hall number 4
Friday 21 March 2008
Next Lectures: Stefania Gialdroni
Dear all,
next week we will talk about the relation between Law and Shakespeare. You will receive, as promised, the readings. If you are not in the mailing list, just write me. As usual, the lessons will take place on Wednesday at about 1:45 (but the hall is still not sure), on Thursday at 10:00 (hall 5) and on Friday at 10:00 (hall 5).
Stefania Gialdroni
PhD candidate, Unversity of Milano-Bicocca (Italy) and EHESS, Paris (France)
Introduction
1. Law in Shakespeare
2. Law in Literature
3. England between Queen Elizabeth I and King James I
4. Equity v. Legalism
5. Was Shakespeare a Lawyer?
6. Conclusion
Second Lesson: 27.03.2008
The Merchant of Venice
1. Plot
2. The “fantastic voyage into the land of interdisciplinarity”
3. The Legality of Usury
4. The Relative Values of Law and Equity and the Quality of Mercy in Justice
5. The Liberty of Contract
6. Discrimination
Third Lesson: 28.03.2008
Measure for Measure
1. Plot
2. The Title
2. Justice and Equity
3. Marriage and Fornication
4. Discrimination
next week we will talk about the relation between Law and Shakespeare. You will receive, as promised, the readings. If you are not in the mailing list, just write me. As usual, the lessons will take place on Wednesday at about 1:45 (but the hall is still not sure), on Thursday at 10:00 (hall 5) and on Friday at 10:00 (hall 5).
Stefania Gialdroni
PhD candidate, Unversity of Milano-Bicocca (Italy) and EHESS, Paris (France)
Abstract: Shakespeare "in Law":
First Lesson: 26.03.2008
First Lesson: 26.03.2008
Introduction
1. Law in Shakespeare
2. Law in Literature
3. England between Queen Elizabeth I and King James I
4. Equity v. Legalism
5. Was Shakespeare a Lawyer?
6. Conclusion
Second Lesson: 27.03.2008
The Merchant of Venice
1. Plot
2. The “fantastic voyage into the land of interdisciplinarity”
3. The Legality of Usury
4. The Relative Values of Law and Equity and the Quality of Mercy in Justice
5. The Liberty of Contract
6. Discrimination
Third Lesson: 28.03.2008
Measure for Measure
1. Plot
2. The Title
2. Justice and Equity
3. Marriage and Fornication
4. Discrimination
READINGS:
D.J. Kornstein, Fie Upon your Law!, in “Cardozo Studies in Law and Literature”, 5.1 (1993): A Symposium Issue on “The Merchant of Venice”, pp. 35-56
L. Halper, Measure for Measure: “Law, Prerogative, Subversion”, in “Cardozo Studies in Law and Literature”, 13.2 (2001), pp. 221-264
D.J. Kornstein, A Comment on Prof. Halper’s Reading of “Measure for Measure”, in “Cardozo Studies in Law and Literature”, 13.2 (2001), pp. 265-269
D.J. Kornstein, Fie Upon your Law!, in “Cardozo Studies in Law and Literature”, 5.1 (1993): A Symposium Issue on “The Merchant of Venice”, pp. 35-56
L. Halper, Measure for Measure: “Law, Prerogative, Subversion”, in “Cardozo Studies in Law and Literature”, 13.2 (2001), pp. 221-264
D.J. Kornstein, A Comment on Prof. Halper’s Reading of “Measure for Measure”, in “Cardozo Studies in Law and Literature”, 13.2 (2001), pp. 265-269
Stefania Gialdroni C.V.:
Stefania Gialdroni is a PhD candidate both of the University of Milano-Bicocca (Phd in “Private Law and Legal History”) and of the “European Doctorate in history, sociology, anthropology and philosophy of legal cultures in Europe”. After one year spent at the London School of Economics, she is spending the second year of the European Doctorate at the École des Hautes Etudes en Sciences Sociales in Paris. She received several scholarships from the Max-Planck Institut für europäische Rechtsgeschichte in Frankfurt am Main, where she attended the International Max-Planck Research School for Comparative Legal History. In 2003 she graduated from the University of Rome Tre, Law Faculty.
The subject of her PhD thesis is the legal structure of the English East India Company during the 17th century.
Stefania Gialdroni is a PhD candidate both of the University of Milano-Bicocca (Phd in “Private Law and Legal History”) and of the “European Doctorate in history, sociology, anthropology and philosophy of legal cultures in Europe”. After one year spent at the London School of Economics, she is spending the second year of the European Doctorate at the École des Hautes Etudes en Sciences Sociales in Paris. She received several scholarships from the Max-Planck Institut für europäische Rechtsgeschichte in Frankfurt am Main, where she attended the International Max-Planck Research School for Comparative Legal History. In 2003 she graduated from the University of Rome Tre, Law Faculty.
The subject of her PhD thesis is the legal structure of the English East India Company during the 17th century.
Monday 17 March 2008
Mailing list
Dear students,
as some of you suggested, we decided to create a mailing list to send you directly every week the articles you should read. On Wednesday, we will begin to collect your e-mail addresses together with your signatures. In the meanwhile, if you haven't written me before, you can give me your email now, writing to stefaniagialdroni@libero.it. And also: if someone of you doesn't want to receive the articles every week, he/she should tell me that.
Best
SG
as some of you suggested, we decided to create a mailing list to send you directly every week the articles you should read. On Wednesday, we will begin to collect your e-mail addresses together with your signatures. In the meanwhile, if you haven't written me before, you can give me your email now, writing to stefaniagialdroni@libero.it. And also: if someone of you doesn't want to receive the articles every week, he/she should tell me that.
Best
SG
Friday 14 March 2008
Prof. Conte's Readings
Dear all,
Prof. Conte suggested 4 readings. You will certainly find on J Stor Donald Kelley's
article and on HeinOnline both James Whitman's The Disease of Roman Law and Mathias Reimann's article, but probably you won't find online James Whitman's Bring back the Glory!, which Prof. Conte wanted you to read before his Wednesday lesson. That means that you can write me as usual: stefaniagialdroni@libero.it
Articles:
1) J.Q. Whitman, Bring back the Glory!, in "Rechtsgeschichte", 4 (2004), pp. 74-81.
2) J.Q. Whitman, The Disease of Roman Law: a Century Later, in "Syracuse Journal of International Law and Commerce", 20 (1994), pp. 227-234.
3) D.R. Kelley, Hermes, Clio, Themis: Historical Interpretation and Legal Hermeneutics, in "The Journal of Modern History", 55.4 (1983), pp. 644-668.
4) M. Reimann, Nineteenth Century German Legal Science, in "Boston College Law Review", 31.4 (1990), pp. 837-897.
Prof. Conte suggested 4 readings. You will certainly find on J Stor Donald Kelley's
article and on HeinOnline both James Whitman's The Disease of Roman Law and Mathias Reimann's article, but probably you won't find online James Whitman's Bring back the Glory!, which Prof. Conte wanted you to read before his Wednesday lesson. That means that you can write me as usual: stefaniagialdroni@libero.it
Articles:
1) J.Q. Whitman, Bring back the Glory!, in "Rechtsgeschichte", 4 (2004), pp. 74-81.
2) J.Q. Whitman, The Disease of Roman Law: a Century Later, in "Syracuse Journal of International Law and Commerce", 20 (1994), pp. 227-234.
3) D.R. Kelley, Hermes, Clio, Themis: Historical Interpretation and Legal Hermeneutics, in "The Journal of Modern History", 55.4 (1983), pp. 644-668.
4) M. Reimann, Nineteenth Century German Legal Science, in "Boston College Law Review", 31.4 (1990), pp. 837-897.
Prof. Skeel's Power Point Slides and e-mail
Dear all,
unfortunately we have some problems in putting Prof. Skeel's Power Point presentation on the blog. We are trying to find a solution. In the meanwhile, if you need it, write me at the address stefaniagialdroni@libero.it. If you want to ask Prof. Skeel something, you can write to the following e-mail address, as he has kindly suggested: dskeel@law.upenn.edu
unfortunately we have some problems in putting Prof. Skeel's Power Point presentation on the blog. We are trying to find a solution. In the meanwhile, if you need it, write me at the address stefaniagialdroni@libero.it. If you want to ask Prof. Skeel something, you can write to the following e-mail address, as he has kindly suggested: dskeel@law.upenn.edu
Good Friday
As many of you already know, there will be no lesson on the Friday before Easter (March the 21st ).
Monday 10 March 2008
New reading
Prof Skeel suggested a new reading (he probably will speak about this book on Friday):
P.J. Williams, The Alchemy of Race and Rights, Cambridge: Massachusetts/London, 1991, Part I, chap. 3: The death of the Profane.
P.J. Williams, The Alchemy of Race and Rights, Cambridge: Massachusetts/London, 1991, Part I, chap. 3: The death of the Profane.
Friday 7 March 2008
Friday's lecture at 2:00 P.M.
Dear all,
Friday's lecture will take place at 2:00 P.M. instead of 10:00 A.M.. The hall will be the same (5). The reason is that at 10:00 A.M. there will be the ceremony for Lord Bingham's Laurea Honoris Causa in the Aula Magna.
Friday's lecture will take place at 2:00 P.M. instead of 10:00 A.M.. The hall will be the same (5). The reason is that at 10:00 A.M. there will be the ceremony for Lord Bingham's Laurea Honoris Causa in the Aula Magna.
Saturday 1 March 2008
IMPORTANT
To take part to the course, you have to sign up: just leave a message (comment) on this blog with your name and surname or write me: stefaniagialdroni@libero.it
Wednesday 27 February 2008
Next Lectures: Prof. David A. Skeel
Next lectures:
Prof. David A. Skeel
University of Pennsylvania Law School (USA)
Prof. David A. Skeel
University of Pennsylvania Law School (USA)
Introduction to “Law and the Humanities”
12th March: 01:45 PM, Hall: 5
13th March: 10:00 AM, Hall: 4
14th March: 10:00 AM, Hall: 4
Dear all, don’t forget the first appointment with the La w and the Humanities course of lessons! Prof. David Skeel, of the University of Pennsylvania Law School will introduce us to the Law and the Humanities movement. He warmly suggested to read the three articles below before his lectures. You can easily find them on the data bases (JSTOR and/or HeinOnline) accessible from the University RomaTre network, or you can write me: stefaniagialdroni@libero.it
Prof. David A. Skeel C.V.:
David Skeel is the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School. He is a graduate of the University of North Carolina (B.A. 1983) and the University of Virginia (J.D. 1987). His poems have appeared in Boulevard, Kansas Quarterly and elsewhere. He has written on law and literature or related issues for Columbia Law Review, Michigan Law Review, Legal Affairs, Wallace Stevens Journal, Philadelphia Inquirer, and other publications; and he served as an advisory editor of Boulevard in the 1990s. He also is the author of Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford, 2005) and Debt’s Dominion: A History of Bankruptcy Law in America (Princeton, 2001).
INTRODUCTION TO LAW AND HUMANITIES: LAW-AND-LITERATURE
Brief Overview
Brief Overview
Class #1: History and the Law as Language Perspective
The first class will give a brief history of the law-and-literature movement in American
legal scholarship. We will begin with an overview of the leading movements in American law
schools from the late nineteenth century to the present: Christopher Langdell’s “case method,”
sociological jurisprudence, legal realism, and more recent movements such as law and
economics. Two major legal figures wrote on law and literature in the early twentieth century
(John Wigmore in 1908; Benjamin Cardozo in 1932), but the law and literature movement did
not begin until much later.
The contemporary law and literature movement began with the publication of The Legal
Imagination by James Boyd White in 1973. White is the principal proponent of the “law as
language” approach to law and literature: the view that legal documents can and should be read
in the same way as literature texts. White argued that a well-crafted judicial opinion has the
same qualities as an effective poem. We will analyze the work of White and others in this
tradition, and will often consider the relationship the relationship between law-and-literature and the law-and-economics movement, which emerged at the same time.
Class #2: Law-and-Literature as Empathy
The second class will focus on the second strand of the law-and-literature movement,
which focuses on the use of literature to promote “empathy” or as “moral uplift.” Often relying
on nineteenth century novelists (such as Charles Dickens), Robin West and more recently
Martha Nussbaum have argued that literature can enhance lawyers’ ability to identify with the
perspectives of others. Nussbaum has stated that her goal is “to present a vivid conception of
public reasoning that is humanistic and not pseudo-scientific, to develop such a conception, and
[to show] some of the benefits this conception might have to offer in the public square.” We will
consider both the analytical techniques West and Nussbaum use, and some of the limitations of
this approach.
Class #3: Law and Narrative
The third class will focus on the final strand of law-and-literature, the law-as-narrative
perspective. Scholars such as Patricia Williams and Derrick Bell have incorporated personal
narratives into their work, often as an act of witness. We will consider the use of narrative and
the debate over its validity as a mode of scholarly discourse. We may consider other narratives
as well.
In addition to law as narrative, we will consider a related but quite different approach to
law-and-literature, the use of legal concepts and documents in literary work. We will focus in
particular on the work of the contemporary American poet and law professor Lawrence Joseph,
which serves both as an example and a critique of the law-and-literature movement of the past
thirty year
Prof. David A. Skeel: suggested readings
--Richard Posner, "Law and Literature: A Relation Reargued," 72 Virginia Law Review (1986)
--Robin West, "Economic Man and Literary Woman: One Contrast,"39 Mercer Law Review (1988)
--Jane Baron, "Law, Literature, and the Problems of Interdisciplinarity,"108 Yale Law Journal 1059 (1999)
WHO, WHEN, WHERE
Dear all,
here some answers to your questions:
WHO: All the students interested are welcome to the course as it isn’t a compulsory one, even if it would be better if you already took an exam in legal history or comparative law and, of course, you have to understand English quite well. Until now, there isn’t a limit in the number of participants, but you have to register for this course on this blog. That means that you have to give me your complete name so that I will be able to make a list. You will have then to sign the list every time you will be present at the lessons. There won’t be a text book but several suggested readings, so you need to be present to be able to take the exam.
WHEN: From March the 12th, each Wednesday at 01:45 p.m., Thursday and Friday, at 10:00 a.m.
WHERE: Lecture Room: 5 (Wednesday), 4 (Thursday and Friday)
And also:
ARTICLES: Each speaker will suggest some readings that you will then use to prepare the exam. It will be possible to find most of the articles on the databases accessible from the University (e.g. JSTOR or HeinOnline). In fact, even inserting a link on the blog, it won’t be possible to read the article from your pc at home. If you have any difficulty in finding the articles you can write me (stefaniagialdroni@libero.it) and in most cases I will be able to send you the readings directly (as in the case of Professor’s Skell readings).
CREDITS: If you pass the exam of the Law and the Humanities course, you will acquire 4 “language” credits (CFU), see: http://www.giur.uniroma3.it/materiale/segreteria/ManifestiStudiA.A.2007-2008.html
EXAM: We are still not sure about the way you are going to take the exam: it will be explained during the course. We have two main options: a little essay or an oral examination. In both cases you will have to choose one subject to deepen (that means, that you won't be asked about all the readings!). Anyaway, you have to come to the lessons to take the exam.
here some answers to your questions:
WHO: All the students interested are welcome to the course as it isn’t a compulsory one, even if it would be better if you already took an exam in legal history or comparative law and, of course, you have to understand English quite well. Until now, there isn’t a limit in the number of participants, but you have to register for this course on this blog. That means that you have to give me your complete name so that I will be able to make a list. You will have then to sign the list every time you will be present at the lessons. There won’t be a text book but several suggested readings, so you need to be present to be able to take the exam.
WHEN: From March the 12th, each Wednesday at 01:45 p.m., Thursday and Friday, at 10:00 a.m.
WHERE: Lecture Room: 5 (Wednesday), 4 (Thursday and Friday)
And also:
ARTICLES: Each speaker will suggest some readings that you will then use to prepare the exam. It will be possible to find most of the articles on the databases accessible from the University (e.g. JSTOR or HeinOnline). In fact, even inserting a link on the blog, it won’t be possible to read the article from your pc at home. If you have any difficulty in finding the articles you can write me (stefaniagialdroni@libero.it) and in most cases I will be able to send you the readings directly (as in the case of Professor’s Skell readings).
CREDITS: If you pass the exam of the Law and the Humanities course, you will acquire 4 “language” credits (CFU), see: http://www.giur.uniroma3.it/materiale/segreteria/ManifestiStudiA.A.2007-2008.html
EXAM: We are still not sure about the way you are going to take the exam: it will be explained during the course. We have two main options: a little essay or an oral examination. In both cases you will have to choose one subject to deepen (that means, that you won't be asked about all the readings!). Anyaway, you have to come to the lessons to take the exam.
Wednesday 30 January 2008
LIST OF SPEAKERS
Week 1
12.03.08-14.03.08
Introduction
Prof. David Arthur Skeel
University of Pennsylvania Law School (USA)
Week 2
19.03.08-21.03.08
Law and History
Prof. Emanuele Conte
University Roma Tre (Italy)
Week 3
26.03.08-28.03.08
Law and Literature
Stefania Gialdroni
PhD candidate: University of Milan "Bicocca" (Italy) and EHESS, Paris (France)
Week 4
02.04.08-04.04.08
Law and Literature
Dr. Marc Harreman
University Roma Tre (Italy)
Week 5
09.04.08-11.04.08
Law and Literature
Stefanie Günthner
PhD candidate: EHESS, Paris (France)
Week 6
16.04.08-18.04.08
Law, Literature and Architecture
Prof. Rainer Maria Kiesow
University of Frankfurt am Main and Max-Planck Institut für Europäische Rechtsgeschichte (Germany)
Week 7
23.04.08 and 24. 04.08
Law and Figurative Art
23.04: Prof. Conte
24.04: Prof. Mario Ascheri
University Roma Tre (Italy)
Week 8
02.05.2008
Law and Music
Prof. Giorgio Resta University of Bari (Italy)
and Enrico Maria Polimanti, pianist
Week 9
07.05.08-09.05.08
Law and Cinema
07-08.05.08: Screening of films
09.05.08: Prof. Vincenzo Zeno-Zencovich
University Roma Tre (Italy)
Week 10
14.05.08-16.05.08
Law and Cinema
14.05.08: Screening of films
15-16.05.08: Prof. Esteban Conde
University of Huelva (Spain)
Week 11
21.05.08-23.05.08
Law and Cinema
Prof. Cristina Vano
University of Naples "Federico II" (Italy )
Week 12
28.05.08
Conclusion
Prof. Rainer Maria Kiesow
12.03.08-14.03.08
Introduction
Prof. David Arthur Skeel
University of Pennsylvania Law School (USA)
Week 2
19.03.08-21.03.08
Law and History
Prof. Emanuele Conte
University Roma Tre (Italy)
Week 3
26.03.08-28.03.08
Law and Literature
Stefania Gialdroni
PhD candidate: University of Milan "Bicocca" (Italy) and EHESS, Paris (France)
Week 4
02.04.08-04.04.08
Law and Literature
Dr. Marc Harreman
University Roma Tre (Italy)
Week 5
09.04.08-11.04.08
Law and Literature
Stefanie Günthner
PhD candidate: EHESS, Paris (France)
Week 6
16.04.08-18.04.08
Law, Literature and Architecture
Prof. Rainer Maria Kiesow
University of Frankfurt am Main and Max-Planck Institut für Europäische Rechtsgeschichte (Germany)
Week 7
23.04.08 and 24. 04.08
Law and Figurative Art
23.04: Prof. Conte
24.04: Prof. Mario Ascheri
University Roma Tre (Italy)
Week 8
02.05.2008
Law and Music
Prof. Giorgio Resta University of Bari (Italy)
and Enrico Maria Polimanti, pianist
Week 9
07.05.08-09.05.08
Law and Cinema
07-08.05.08: Screening of films
09.05.08: Prof. Vincenzo Zeno-Zencovich
University Roma Tre (Italy)
Week 10
14.05.08-16.05.08
Law and Cinema
14.05.08: Screening of films
15-16.05.08: Prof. Esteban Conde
University of Huelva (Spain)
Week 11
21.05.08-23.05.08
Law and Cinema
Prof. Cristina Vano
University of Naples "Federico II" (Italy )
Week 12
28.05.08
Conclusion
Prof. Rainer Maria Kiesow
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