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
Alfred Hitchock's "Dial M for Murder" (1954)
Monday, 5 May 2008
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).
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