Harmonies in Justice and Music: Exploring the Parallels Between Judges and Musicians
Janpha Thadphoothon
Photo credit: https://indiebandguru.com/7-reasons-why-any-musician-should-hire-a-music-lawyer/ |
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.
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Justice as Human Construct
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.
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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