Wednesday, July 3, 2024

Judges and Musicians: Exploring the Parallels

Harmonies in Justice and Music: Exploring the Parallels Between Judges and Musicians

Janpha Thadphoothon

In the worlds of justice and music, seemingly disparate disciplines reveal surprising parallels in their approaches to audience interaction, interpretative skills, and the delicate balance between adherence to rules and creative expression. Let's delve into how judges and musicians navigate these shared aspects of their crafts, showcasing the harmonies that unite their seemingly divergent professions.

The concept of these two professions' parallelism first captured my attention about twenty years ago during a talk at the Australian National University. At the time, they were introducing a combined double degree program in law and music. A panel of experts, mostly professors, discussed the connections and similarities between these two roles. I found the discussion so compelling that it stuck with me long after the event. Even after completing my education in Canberra, I continued to reflect on it.

The idea led to the development of my theoretical model, known as the AKA model. In this model, A stands for Audiences, encompassing considerations of who the communication is directed towards. C represents Conventions, including Language Conventions, Rhetorical Conventions, and Socio-cultural Conventions that shape communication norms and expectations. Finally, A also stands for Aims (Intentions), emphasizing the importance of understanding the goals and motivations behind communication efforts. This model serves to provide a structured framework for analyzing and understanding effective communication strategies in various contexts.

Photo credit: https://indiebandguru.com/7-reasons-why-any-musician-should-hire-a-music-lawyer/

Audience Interaction: Listening and Responding

Judges: In the courtroom, judges preside over a diverse audience—lawyers, plaintiffs, defendants, jurors—each with their perspectives and arguments. Effective judges listen attentively not only to legal arguments but also to the human narratives underlying each case. Much like skilled conductors, they gauge the courtroom's atmosphere, adjusting their approach to ensure fairness and comprehension.

Musicians: On stage, musicians engage with their audience through their performances. They listen not only to their own playing but also to the reactions of their listeners. Adjusting tempo, dynamics, and interpretation, musicians craft their performances to resonate emotionally and intellectually with their audience, creating a shared experience through music.

Interpretative Skills: Balancing Rules with Creativity

Judges: Charged with interpreting and applying the law, judges navigate a complex framework of statutes, precedents, and legal principles. While bound by legal rules, they exercise discretion and interpretative skill to ensure justice is served in each unique case. This demands a nuanced understanding of the law's application beyond mere adherence to statutes—a skill akin to a musician's interpretation of a musical score.

Musicians: Similarly, musicians interpret musical scores, blending technical proficiency with personal expression. While notes provide structure, musicians imbue their performances with creativity, phrasing, and emotion. This interpretative freedom allows them to breathe life into compositions, offering unique insights and evoking varied responses from their audience.


Balancing Rigidity and Creativity: Artistry in Practice

Judges: Striking a balance between legal precedent and evolving societal norms, judges ensure the law's application remains relevant and just. This requires creativity in legal reasoning while upholding consistency and fairness—a challenge akin to navigating the complexities of musical improvisation within a structured composition.

Musicians: Within the framework of a musical composition, musicians innovate and interpret, pushing boundaries while respecting the composer's intent. Their ability to balance technical precision with artistic freedom mirrors the judge's task of applying legal principles while adapting to the nuances of each case.

Aesthetics and Justice 

There is indeed an aesthetic dimension to justice, although it may not be immediately apparent in the traditional sense of visual or auditory beauty. 

Justice encompasses aesthetic dimensions beyond traditional beauty, evident in courtroom architecture conveying solemnity, judges' symbolic attire like robes and gavels, and the structured rituals of legal proceedings. The art of legal argumentation involves crafting persuasive narratives that uphold fairness and equity, intertwining storytelling with the pursuit of truth. Principles such as fairness, proportionality, and cultural influences shape the aesthetic ideals of justice, defining how laws are interpreted and applied across different legal traditions. These elements collectively contribute to the visual, emotional, and intellectual experience of justice, reflecting societal values and aspirations for equitable outcomes.

A Combined Degree Offering at Monash


For example, Monash University in Australia offers a unique double degree program in Laws and Music, which combines the practical expertise of a law degree with the creative discipline of music. This innovative educational path equips students with a comprehensive understanding of legal principles and musical theory, while fostering interdisciplinary skills essential for careers in law, music, or their intersection. Graduates of this program are well-prepared to pursue diverse professional opportunities, from advocating for legal justice to composing culturally resonant music or exploring emerging fields that bridge law and the arts. Beyond enriching academic knowledge, this degree cultivates versatility and creativity, enabling graduates to navigate complex challenges and make meaningful contributions across both disciplines and their intersections. If interested, this program offers a compelling opportunity to apply and explore these dynamic fields.

Justice as Human Construct

This may make many feel uneasy about 'justice'. After all, justice is a human construct rather than an absolute, universal concept. It reflects societal norms, values, and interpretations of fairness that evolve over time and vary across cultures and contexts. The idea of justice is intricately tied to human experiences, perceptions, and moral frameworks, which may not be shared by beings from other civilizations or dimensions, such as aliens. Their understanding of justice, if they have one, could vastly differ based on their unique societal structures, values, and concepts of fairness. Thus, the concept of justice remains contextual and subjective, shaped by human perspectives and experiences.

Hence, what is considered just in one society or culture may indeed be perceived as odd or wrong in others. Justice is not a universal, immutable concept but rather a product of social norms, values, and beliefs that differ across communities and historical periods. These variations can be seen in legal systems, where laws and punishments can vary widely based on cultural, religious, or philosophical foundations. This diversity underscores the subjective nature of justice, influenced by factors such as historical context, societal norms, and the moral principles upheld by different communities. In short, what is just is cultural.

What can we conclude? I'd like to say that the parallels between judges and musicians highlight the interplay of discipline, interpretation, and creativity within their respective domains. Both professions demand mastery of audience interaction, interpretative skills, and the delicate balance between rules and innovation. Beyond their distinct realms, judges and musicians share a commitment to engaging with their audiences, whether through delivering equitable judgments or crafting captivating musical performances.

As we celebrate these harmonies between justice and music, we recognize that the pursuit of truth and the creation of art are not only noble endeavors but also integral expressions of human endeavor. By embracing these parallels, we deepen our appreciation for the profound impact of interpretation and creativity in shaping our societies and enriching our cultural tapestry.

References


https://www.monash.edu/study/courses/find-a-course/laws-and-music-l3006


About Janpha Thadphoothon

Janpha Thadphoothon is an assistant professor of ELT at the International College, Dhurakij Pundit University in Bangkok, Thailand. Janpha Thadphoothon also holds a certificate of Generative AI with Large Language Models issued by DeepLearning.AI.

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