Cover

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pp. 1-1

Title Page, Other Works in the Series, Copyright, Dedication

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pp. i-vi

Contents

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pp. vii-viii

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Preface and Acknowledgments

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pp. ix-xiv

...Mapping this space involves three dimensions. First (in the first three chapters), an aesthetic methodology, sensitive to the form and imagery of legal texts, can illuminate both the meaning and force of law. Second (in the “Requiem” and “Variations”), an aesthetic epistemology helps illuminate the social values which find expression in law as well as the form they take. Social conflict is not just an argument about reasons; it is also a battleground of symbols. Third (in the last two chapters), taking aesthetics...

PART 1. THE METHODOLOGICAL DIMENSION

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Prelude: Senses and Symbols in Aesthetic Experience

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pp. 3-24

...A gesture to the galaxy, the regular pattern of sounds which these written signs denote has been chosen to represent something ineffable but eternal about our planet, about a species which happens to inhabit it, about a way in which that species expresses itself, about an aspect of its being which finds fulfillment in the expression. A pattern of pitches, unfolding with unhurried...

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Fugue: A Prospectus for the Aesthetic Dimension

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pp. 25-49

...If the prelude represents the leisurely unfolding of an idea, the fugue expresses a fervent layering of thought. A musician from the Netherlands once said to me that he thought a fugue was just a malfunctioning canon. Somewhat defensively, I replied that a fugue was no more a kind of malfunctioning canon than the Dutch are a species of malfunctioning Germans. In fact, the fugue is...

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Motet: Statutes and Music—An Aesthetic Methodology

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pp. 50-90

...and plainsongs of the thirteenth century and the prodigious motets of Thomas Tallis, up to forty vocal lines in mazy coalition. Here, too, there has been so much formal and stylistic development that it is hard to imagine that one is an ornate variation of the other. The languages of law and of music, then, have each been subject to dramatic changes in their purpose and normativity. Further, the similarities between these parallel historical...

PART 2. THE EPISTEMOLOGICAL DIMENSION

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Requiem: Green Death—Aesthetic Interpretations and Influences in the Death Penalty

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pp. 93-129

...There is nothing lush about mourning here. Instead, there is an empty, shattered sound: amuffled organ, staccato violins barely touching their strings, and a hushed tune, the thin voice of the oboes and the dark tones of basset horns cutting the air. The excruciating beauty of a Mass for the dead is its combination of peace and failure, hope and resignation. But in Mozart, irony adds complexity to its meaning...

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Variations on a Theme: Metaphors of the Boundary and the Boundaries of Metaphor

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pp. 130-154

...Life itself is a theme with perpetual variations, twisting ribbons of DNA giving birth to the myriad forms of living matter around us. Repeated everywhere on a scale as vast as the galaxies and as small as an amoeba, the variation form derives from the tumult of nature and, in return, gives it voice. Perhaps because of this organic character, it is a form which has proved of unsurpassed resilience throughout the history of music....

PART 3. THE NORMATIVE DIMENSION

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Quartet for the End of Time: Legal Theory Against the Law

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pp. 157-189

...Olivier Messiaen’s contemplation of the “end of time” has an apocalyptic quality which stems not only from the millenarianism that has influenced it—the day of judgment and the Book of Revelation—but from the human conditions of its creation. Written amidst the ravages of war and the moral and physical desolation of Europe, in the very heart of darkness, in the very depths of winter, Messiaen’s music is steeped in despair...

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Quodlibet: Just Aesthetics and the Aesthetics of Justice

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pp. 190-202

...Formally, I have attempted to communicate my understanding of the meaning of law, the forces which influence it, and the nature of interpretation precisely through the structures I have developed and the metaphors I have adopted. Substantively, and in light of the understanding of the aesthetics of change outlined in the “Quartet for the End of Time,” I have urged a broad pluralism, a joy in...

Notes

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pp. 203-264

Bibliography

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pp. 265-298

Index

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pp. 299-303