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12 Law, Culture & Human. 5 (2016)

handle is hein.journals/lculh12 and id is 1 raw text is: 








                                                             Law, Culture and the Humanities
                                                                        2016, Vol. 12(1) 5
Editorial                                                           @ The Author(s) 2016
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                                                             DOI: 10.1177/17438721 14560962
                                                                         Ich.sagepub.com
                                                                         OSAGE


I am really pleased that this issue of LCH takes up the relationship between law and music.
Turning to music as a prism to think about law opens up a conversation about the social and
cultural lives, meanings, and effectivity of law's varied enactments or performances. The
language of enactment and performance directs attention to text as well as context, role and
action, without privileging the word over the world or the world over the world.
   It draws attention to the human actions that go into giving a performance, thinking not
only about texts and language, but staging, symbolization, relation to audience. Here we
might think about law as a domain for exploring the desires that performances seek to satisfy
and the pleasures that legal performances provide. As Sandy Levinson has suggested, The
basic idea is that law, music, and drama ... are similar ... insofar as they involve the trans-
formation of ink on a page - call it a statute, a score, a script - into complex social action.
   Judges interpreting a statute must take account of their audience, anticipating its likely
reactions, staging their decisions in such a way as to enable particular connections
between  the law's pronouncement   and the pleasures that audience members  may  be
expected to derive from the performance  of law. Conductors of symphony   orchestras
may  begin with the score, but they also concern themselves with the skills of the musi-
cians they work with and the expectations of their audience, with staging, with sound,
with the way the score can be enacted and, through its enactment, brought to life.
   Thinking about law as performance requires us to engage with performance practices
of various legal actors, some of whom produce and interpret texts, some of whom seem
less textually engaged. The essays in our Commentary   Section on Law  and  Music
observe, document, analyze and theorize about the various performance practices of law
and the meaning-making  processes of performance itself.
                                                                       Austin Sarat
                                                              Amherst  College, USA

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