Article published In: 'Translaboration': Translation as Collaboration
Edited by Alexa Alfer
[Translation and Translanguaging in Multilingual Contexts 3:3] 2017
► pp. 370–387
‘Kandinsky-fying’ the law
A translaborative use of abstract art in the law classroom
Published online: 16 October 2017
https://doi.org/10.1075/ttmc.3.3.06kat
https://doi.org/10.1075/ttmc.3.3.06kat
Abstract
Sources of law are made up of terms that, amongst other things, mediate between facts and different results, and it is the role of lawyers to explain or justify why a particular interpretation or permutation of a given term should be taken in a given case. Such terms do not exist in isolation, but are hugely contextual and play an integral role in intermediating between different potential outcomes. Therefore, the skill of carefully applying and using legal terms is one of the primary focuses of legal education and calls for a consideration of the intricate role that legal terms play in legal argumentation. However, sometimes this endeavour in the law classroom is affected by the focus placed on the meaning of individual terms, as opposed to the broader role they have in legal reasoning and the analysis of legal outcomes. In considering this, this paper draws a contrast between the way in which students sometimes use different legal and moral terms in the various roles in their lives outside of the classrooms and within, and contends that one of the reasons for this is the greater liberty that they feel in using different terms outside of the classroom. This paper contends that, pedagogically, a similar level of independence can be achieved through the collaborative translation of legal concepts into abstract art, by enabling students to take greater co-ownership of legal language. Specifically, it argues that Wassily Kandinsky’s art theory, with its emphasis on the spirit and emotions, can provide an effective framework for this.
Keywords: law, legal language, legal pedagogy, intersemiotic translation, Kandinsky
Article outline
- 1.The spaces of law: Translaboration and abstract art?
- 2.The soundlessness of lexical units: Regina v Woollin (1998)
- 3.Ontology and the importance of ownership in legal education
- 4.The concreteness of words in contrast to the freedom of art
- 5.Using ‘Kandinskyian’ pedagogy in the law classroom
- 6.The ‘Kandinskyian’ spirit and legal analysis
- 7.The piano and sounds of justice: A conclusion
- Note
References
References (27)
Brand, Juliane, and Christopher Hailey. 1997. Constructive Dissonance: Arnold Schoenberg and the Transformations of Twentieth-Century Culture. Berkley, CA: University of California Press.
Campen, Crétien van. 1997. “Synesthesia and Artistic Experimentation.” Psyche 3 (6). [URL].
Carlson, Maria. 2015. No Religion Higher Than Truth: A History of the Theosophical Movement in Russia, 1875–1922. Princeton, NJ: Princeton University Press.
Carneiro, Maria Francisca, Eliseu Raphael Venturi, and Laércio A. Becker. 2014. “What is the Smell of Law? First Assumptions for the Semiotics of Juridical ‘Matter’. Social Sciences Research Network (SSRN), October 6, 2014. [URL] or
Criminal Justice Act 1967. London: Her Majesty’s Stationery Office. [URL].
DeGroff, Eric A. 2012. “Training Tomorrow’s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles.” Southern Illinois University Law Journal, 2511: 251–254.
Easteal, Patricia. 2008. “Teaching about the Nexus between Law and Society: From Pedagogy to Andragogy.” Legal Education Review 18 (1&2): 163–172.
Feliú, Vicenç, and Helen Frazer. 2012. “Outcomes Assessment and Legal Research Pedagogy.” Legal Reference Services Quarterly 31 (2): 188–203.
Gordon, Sara. 2013. “Through the Eyes of Jurors: The Use of Schemas in the Application of ‘Plain-Language’ Jury Instructions.” Hastings Law Journal 64 (3): 643–678.
Hubbard, Edward M., and Vilayanur S. Ramachandran. 2005. “Neurocognitive Mechanisms of Synaesthesia.” Neuron 48 (3): 509–520.
Jakobson, Roman. 1959. “On Linguistic Aspects of Translation.” In On Translation, ed. by Reuben Arthur Brower, 30–39. Cambridge. MA: Harvard University Press.
Kandinsky, Wassily. 1979. Point and Line to Plane: Contribution to the Analysis of the Pictorial Elements. Translated by Howard Dearstyne and Hilla Rebay. New York: Dover.
. 2011. Concerning the Spiritual in Art. Translated with an introduction by Michael T. H. Sadler. New York: Dover.
Lindahl, Lars. 2004. “Deduction and Justification in the Law: The Role of Legal Terms and Concepts.” Ratio Juris 17 (2): 182–202.
Lynch, Mary A. 2011. “An Evaluation of Ten Concerns About Using Outcomes in Legal Education.” William Mitchell Law Review 38 (3): 986–1016.
Macagno, Fabrizio. 2010. “Definitions in Law.” Bulletin Suisse de Linguistique Appliquée 21: 199–217.
O’Sullivan, Simon. 2001. “The Aesthetics of Affect: Thinking Art Beyond Representation.” Angelaki: Journal of Theoretical Humanities 6 (3): 125–135.
Philippopoulos-Mihalopoulos, Andreas. 2015. Spatial Justice: Body, Lawscape, Atmosphere. London: Routledge.
Regina v Woollin (1998) Judgments, 22 July 1998. London: UK House of Lords. [URL].
Ringbom, Sixten. 1966. “Art in ‘The Epoch of the Great Spiritual’: Occult Elements in the Early Theory of Abstract Painting.” Journal of the Warburg and Courtauld Institutes 291: 386–418.
Sartor, Giovanni. 2008. “Legal Concepts: An Inferential Approach.” European University Institute Law Working Paper No. 2008/03. San Domenico di Fiesole: Department of Law, European University Institute. [URL].
Scruton, Roger. 1998. Art and Imagination: A Study in the Philosophy of Mind. South Bend, IN: St Augustine’s Press.
Shusterman, Richard. 2000. Pragmatic Ethics: Living, Beauty, Rethinking Art. Lanham, MD: Rowman and Littlefield.
