Pub Date : 2023-12-20DOI: 10.21825/documenta.90032
Shlomit Cohen-Skali
Legal docu-performances (LDPs) are the staging of actual legal cases that have already been decided by the court. As such, they can serve as a laboratory in which the interface between theater and law is explored. The transformation from the courtroom to the stage aims to foster a critical examination of the legal process and its influence on public discourse. In this paper I focus on the place of empathy in this examination. While the role of empathy has been contested in both the legal and the theatrical sphere, empathy has also been advocated as essential to the pursuit of justice. In probing the role of empathy in LDPs, I distinguish different kinds of empathy and different strategies of employing empathy in the service of critique. I illustrate these strategies through three performance case studies that challenge the court decision on which they are based: one based on affective empathy, one on cognitive empathy, and one on a combination of the two. I stress, in particular, the impact of these LDPs on the public understanding of the legal and moral issues addressed by performances.
{"title":"Empathy at the Crossroads","authors":"Shlomit Cohen-Skali","doi":"10.21825/documenta.90032","DOIUrl":"https://doi.org/10.21825/documenta.90032","url":null,"abstract":"Legal docu-performances (LDPs) are the staging of actual legal cases that have already been decided by the court. As such, they can serve as a laboratory in which the interface between theater and law is explored. The transformation from the courtroom to the stage aims to foster a critical examination of the legal process and its influence on public discourse. In this paper I focus on the place of empathy in this examination. While the role of empathy has been contested in both the legal and the theatrical sphere, empathy has also been advocated as essential to the pursuit of justice. In probing the role of empathy in LDPs, I distinguish different kinds of empathy and different strategies of employing empathy in the service of critique. I illustrate these strategies through three performance case studies that challenge the court decision on which they are based: one based on affective empathy, one on cognitive empathy, and one on a combination of the two. I stress, in particular, the impact of these LDPs on the public understanding of the legal and moral issues addressed by performances.","PeriodicalId":504466,"journal":{"name":"Documenta","volume":"80 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139169701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-20DOI: 10.21825/documenta.90033
Sixtine Bérard
This essay examines the filmed mock trial A Game of War (2021) by TWIIID, a Flemish legal soundboard for the arts, and its contribution to the discourse on appropriation art and the parody exception in copyright law. By focusing on the case of the (mock) trial between Samson Kambalu and Gianfranco Sanguinetti, the article delves into the intricate legal and artistic aspects within this specific context. While not comprehensive of the entire contemporary discourse on copyright and appropriation art, this case serves as a microcosm for examining and understanding major themes and issues. The essay argues that A Game of War functions as both a re-enactment and pre-enactment, acknowledging the limitations of conventional jurisdiction while closely adhering to established legal precedents. In doing so, the film highlights the temporal fluidity of p(re)enactments and the dynamic nature of temporality in law and performance. The explicit intertwining of past, present, and future emerges as a shared characteristic of both (p)re-enactments like A Game of War and court trials, wherein the past is reconstructed and potential futures are envisioned within the ‘now’ of the trial. Furthermore, by employing artistic methodologies such as p(re)enactments to enrich the imaginative capacities of the legal realm in the context of appropriation art and copyright issues, A Game of War compellingly expresses the potential for art and law to mutually inform and enhance one another. Consequently, the film opens new avenues for dialogue and fosters a deeper understanding of the intricate interplay between artistic expression and the complex web of legal frameworks.
{"title":"Legitimately Incongruous: Exploring Artistic and Legal Interplays in A Game of War (2021)","authors":"Sixtine Bérard","doi":"10.21825/documenta.90033","DOIUrl":"https://doi.org/10.21825/documenta.90033","url":null,"abstract":"This essay examines the filmed mock trial A Game of War (2021) by TWIIID, a Flemish legal soundboard for the arts, and its contribution to the discourse on appropriation art and the parody exception in copyright law. By focusing on the case of the (mock) trial between Samson Kambalu and Gianfranco Sanguinetti, the article delves into the intricate legal and artistic aspects within this specific context. While not comprehensive of the entire contemporary discourse on copyright and appropriation art, this case serves as a microcosm for examining and understanding major themes and issues. The essay argues that A Game of War functions as both a re-enactment and pre-enactment, acknowledging the limitations of conventional jurisdiction while closely adhering to established legal precedents. In doing so, the film highlights the temporal fluidity of p(re)enactments and the dynamic nature of temporality in law and performance. The explicit intertwining of past, present, and future emerges as a shared characteristic of both (p)re-enactments like A Game of War and court trials, wherein the past is reconstructed and potential futures are envisioned within the ‘now’ of the trial. Furthermore, by employing artistic methodologies such as p(re)enactments to enrich the imaginative capacities of the legal realm in the context of appropriation art and copyright issues, A Game of War compellingly expresses the potential for art and law to mutually inform and enhance one another. Consequently, the film opens new avenues for dialogue and fosters a deeper understanding of the intricate interplay between artistic expression and the complex web of legal frameworks.","PeriodicalId":504466,"journal":{"name":"Documenta","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139167975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-16DOI: 10.21825/doc.v33i2.16265
Christel Stalpaert, Jozef De Vos
{"title":"Woord vooraf.","authors":"Christel Stalpaert, Jozef De Vos","doi":"10.21825/doc.v33i2.16265","DOIUrl":"https://doi.org/10.21825/doc.v33i2.16265","url":null,"abstract":"","PeriodicalId":504466,"journal":{"name":"Documenta","volume":"22 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141211680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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