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JiaLeeFirstEssay 20 - 06 Jun 2024 - Main.EbenMoglen
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Jerome Frank's "Music": Thinking About Law as an Aesthetic Domain | | | I think Frank's "music" denotes any experience that disorganizes us—inviting us to reflectively resist our habitual organization. These experiences might come from encountering art, new technologies, suffering, philosophizing, the alterity of something, and so on. A disorganizing experience bids us to see something hidden in plain sight, or to catch ourselves in the act of being creatures of habit. I think this is how a judge reviews and modifies her ethos; her work, therefore, is not confined to the courtroom. This describes Noë's definition of aesthetics—the work of moving from not seeing to seeing or from seeing to seeing differently by coming up against one's own limitations and habits to make something come into focus, which one can reflect upon to gain some agency over one's ethos. Frank's intuition in declaring that justice should be administered "as an art" with "music," and that legal rules frustrate this work, is that the practice of law isn't just linguistic; it's aesthetic in this sense.
This class, unlike doctrinal classes, employs music in this sense as well. It disorganizes us, inviting us to examine whether we have agency over our practice, or whether we are quietly acquiescing, or comfortably adapting, to how we find ourselves organized. This class made me confront how I was quietly acquiescing to internal pressure in response to external pressures. | |
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I think all the effort paid off. This is an excellent essay, capturing as an essay ideally does the process, well- and creatively-rendered, of excellent thinking. You have both written about and experienced why simultaneously encountering both your powers and limitations is a profound and invaluable moment of growth.
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| Revision 20 | r20 - 06 Jun 2024 - 13:27:10 - EbenMoglen |
| Revision 19 | r19 - 05 Jun 2024 - 22:21:29 - JiaLee? |
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