The Graves of Law: The Work of Jurisprudence in Bachofen's Study of Tombs

Mussawir, Edward

doi:10.3817/0615171131

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“…This idea of custodianship of a great German musical and legal tradition stems in part from these three scholars being concerned with not what they saw as narrow debates in both law and music but for more fundamental issues. As Mussawir notes, Schmitt and Savigny were 'on the one hand, certainly partisan but also deeply ambivalent in relation to the narrow ideological battle lines of their eras' 46 such as the debate between natural and positive law for instance, 47 but 'on the other, retaining a broader and enduring intellectual relevance' 48 by focusing on what they saw as more fundamental issues, to 'renewed attention to a much older problem of history and jurisprudence.' 49 This is also shared by Furtwängler, who was concerned with more fundamental issues within music.…”

Section: How This Article Fits Into and Extends Current Law And Musicmentioning

confidence: 99%

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Reading Wilhelm Furtwängler Jurisprudentially: Furtwängler’s Music Making in the Light of Legal Philosophy

Ondrich

2018

Int J Semiot Law

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This article examines the work of the German conductor Wilhelm Furtwängler through legal philosophy by applying recent scholarship in the intersection of law and music and a method which MacNeil describes as 'reading jurisprudentially.' Furtwängler saw himself as a custodian of a great German cultural tradition, a tradition which included not only German musicians but German jurists such as Friedrich Carl von Savigny and Carl Schmitt. Due to this shared German tradition, concepts in Furtwängler's philosophy of music shares parallels with these German philosophers of law. Furtwängler, much like Savigny, attempted to protect law and music from modern trends which they saw as reducing law and music to a pure philosophical abstraction and in the process severing the organic links between the people and their law and music. Furtwängler also tried to protect music from the Nazis who attempted to have sovereign control over all Germany, including its music. Applying Schmitt's idea of sovereignty as 'he who decides on the exception' to Furtwängler's 1942 performance of Beethoven's Ninth Symphony in Berlin, Germany, I will argue that Furtwängler protects the love and humanism of the music by suspending it and by doing so preventing it from being associated with Nazism.

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Section: How This Article Fits Into and Extends Current Law And Musicmentioning

confidence: 99%

“…46 Edward Mussawir, 'The Graves of Law: The Work of Jurisprudence in Bachofen's Study of Tombs' (2015) 171 Telos 131, 134. 47 Ibid 132. 48 Ibid 134.…”

Section: How This Article Fits Into and Extends Current Law And Musicmentioning

confidence: 99%

Reading Wilhelm Furtwängler Jurisprudentially: Furtwängler’s Music Making in the Light of Legal Philosophy

Ondrich

2018

Int J Semiot Law

View full text Add to dashboard Cite

show abstract

The Graves of Law: The Work of Jurisprudence in Bachofen's Study of Tombs

Cited by 1 publication

References 1 publication

Reading Wilhelm Furtwängler Jurisprudentially: Furtwängler’s Music Making in the Light of Legal Philosophy

Reading Wilhelm Furtwängler Jurisprudentially: Furtwängler’s Music Making in the Light of Legal Philosophy

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