This paper analyses the paradigms of interpretation and the evolution of the creative processes in music and law. Whether it is matter of a score or a law, the text is reborn through the work of the interpreter who, in dealing with the epistemological problem of the understanding, has to harmonize the purity of the philological reconstruction of the object with the need to actualize its sense. Moving from the creative character of every interpretation—neither the musician can be reduced to (...) a mere executor of a concatenation of musical symbols on the staff as Stravinsky wanted nor the judge may be conceived as a bouche de la loi according to Montesquieu’s theory—this work, after having discussed Gadamer and Betti’s hermeneutical approaches to music and law, focuses on the issue of the limits to the interpreters’ freedom. The interpretation here proposed revolves around improvisation, seen as a typical cultural practice of the aesthetic dimension of music. Improvisation, which from baroque to jazz does not correspond to the realm of absolute freedom, is used as a trait d’union in order to make a comparison with legal experience. This is particularly true with the development of case law, which becomes increasingly problematic especially in the light of “liquid modernity”, where the “polytheism of values” has been gaining strength. Seen from this perspective, the comparison between the judge and the musician in their activity as interpreters of a formalized system of signs highlights the controversial relationship between form and creativity, the accuracy of the text and the requisites deriving from the social context, certainty and justice. (shrink)

Hubert Dreyfus argues that explicit thought disrupts smooth coping at both the level of everyday tasks and of highly-refined skills. However, Barbara Montero criticises Dreyfus for extending what she calls the ‘principle of automaticity’ from our everyday actions to those of trained experts. In this paper, I defend Dreyfus’ account while refining his phenomenology. I examine the phenomenology of what I call ‘esoteric’ expertise to argue that the explicit thought Montero invokes belongs rather to ‘gaps’ between or above moments of (...) reflexive coping. However, I agree that the ‘principle of automaticity’ does not adequately capture the experience of performing such skills. Drawing on examples of expert performance in sport and improvised music and dance, I argue that esoteric action, at its best, is marked by a distinct state of non-conceptual awareness- an experience of spontaneity, flow and ‘owned-ness’- that distinguishes it from the automaticity of everyday actions. (shrink)

Summary I outline an approach to the phenomenology of improvised music which takes typification and the development of multi‐ordered phenomenological structures as central. My approach here is firmly in line with classical Husserlian phenomenology, taking the discussion of types in Experience and Judgment (Husserl, 1973) and Brudzińska (2015) as guide. I provide a phenomenological analysis of musical types as they are found in improvisational contexts, focusing on jazz in the 20th century. Styles are higher‐order musical types. Musical types are structures (...) that are temporally “thick,” relying on sedimented typification and knowledge, driving expectations as definitional. In most forms of music (including improvised music), musical styles involve maintaining a balance between confirming expectations and flouting expectations. I show that improvised music has a phenomenal structure which is enriched by the communicative and “ real‐time” nature of improvised music. Improvised music can be seen as an exploration of a possibility space rendered by the juxtaposition of the musical types afforded by a performance environment (instrumentation, harmonic and melodic traditions, etc.). I show that improvisation in music is a multi‐vectoral form of communication. The communication is founded in what Dieter Lohmar calls “non‐linguistic thinking.” The expression is constituted in the results of active and synthesis. The culmination of improvisational exploration of possibility spaces is the precisification and enrichment of styles‐as‐types, while in some cases developing new styles in the process. (shrink)

The present article aims at analyzing the social and ontological effects of listening music online, with particular attention to the artistic practice of improvisation. In the first paragraph, I will briefly explain the essential concepts which ontology of music has traditionally counted on, and I will suggest an alternative theoretical approach, that I define as ontology of musical act. Then I will investigate the relation between recording practices and improvisation. In the final paragraph I will compare some features of musical (...) recordings with those of technological devices that allow us to listen music online. (shrink)

Among improvisers and composers today there is a resurgence of interest in experimental music (EM) practices that welcome contingency; engaging with unforeseen circumstances as an essential component of the music-making process, and a means to sonic discovery. I propose theExperimental Composition Improvisation Continua(ECIC) as a model with which to better understand these experimental musical works. The historical Experimental Music movement of the 1950s and 60s is briefly revisited, and the jazz tradition included as an essential protagonist; both being important historical (...) movements leading to the formulation of ideas around contingent musical practices. The ECIC model is outlined as providing a means to observe the interactions and continua between composition and improvisation on the one hand and more or less experimentally conceived music on the other. This model is applied as an investigative and comparative tool to three distinctive works in order to illuminate the presence or otherwise of various experimental interactions within them. The works are: “Spiral Staircase” – a composition by written by Satoko Fujii in late 2007, John Cage’s4′33″, and a performance of “My Favorite Things” by the John Coltrane Quartet. Further possible applications of the ECIC are suggested in the conclusion. (shrink)

This paper investigates the phenomenological status of musical affordances through a Gadamerian focus on human communication. With an extra emphasis on Reybrouck’s much-cited affordance-driven theory, I locate fundamental premises in the affordance concept. By initiating a dialogue with Gadamer’s perspective, I suggest a slight yet important shift of perspective that allows us to see an autonomous, transformative, and intrinsically active ‘ideality’ potentially emerging in music. In the final section, I try to demonstrate how Gadamer’s perspective is supported by recent empirical (...) studies on communicative musicality and child development, and allows us to see how protoversions of the transformative ‘ideality’ are already present at the beginning of human life. (shrink)

We take performers of classical music as producers of creative performances. We sometimes criticize a performer’s performance by saying ‘That is not what the composer wants’. The literature takes this kind of criticism, which I call ‘intentionalist criticism’, to be in tension with performers’ creativity—taking the criticism to be an attempt to restrict performers’ creativity by historical authenticity. This paper aims to construct a possible understanding of intentionalist criticisms according to which those criticisms are grounded in our respect of performers (...) as artists. Under this understanding, the point of intentionalist criticisms is that performers, who are pursuing the aesthetic beauty of a work, can produce an aesthetically better result by being open-minded to the perspectives of the composer who is also a serious pursuer of the work’s beauty. (shrink)

Several prominent contemporary philosophers, including Jürgen Habermas, John Caputo, and Robert Bernasconi, have at times painted a somewhat negative picture of Gadamer as not only an uncritical traditionalist, but also as one whose philosophical project fails to appreciate difference. Against such claims, I argue that Gadamer’s reflections on art exhibit a genuine appreciation for alterity not unrelated to his hermeneutical approach to the other. Thus, by bringing Gadamer’s reflections on our experience of art into conversation with key aspects of his (...) philosophical hermeneutics, we are able to better assess the viability of Gadamer’s contributions to contemporary discussions of difference and alterity. -/- Sections two through six focus on key concepts in Gadamer’s account of art’s dynamic ontology and our experience of art. Such concepts include the play structure of art, hermeneutic identity, tarrying with a work, and contemporaneity. The opening sections provide not only a discussion of these central themes, but they also (1) draw attention to the various ways in which difference and otherness are integral to Gadamer’s account, and (2) utilize relevant musical examples that prepare the reader for a more focused discussion of a Gadamerian approach to free jazz in section seven. By highlighting how Gadamer’s understanding of art possesses a dialogical play structure, is characterized by identity and difference, requires actively engaged spectators and auditors, and is amenable to what many criticize as an unintelligible musical expression, viz. free jazz, Gadamer’s project is shown as other-affirming and open to ambiguity and dynamism. That is, the essential structures and concepts characterizing Gadamer’s reflections on art are likewise central to his overall hermeneutical project, and hence are not rightly described as un-attuned to difference or other-negating. Rather, Gadamer’s philosophical project upholds difference, since it requires a dialogical interplay between self and other that creates the possibility for a transformative experience. (shrink)

The present study is a theoretical discussion concerning some of the important processes that characterize human perception, which is understood as a fundamental structure of consciousness. The aim is to acquire new insights for a better comprehension of the human experience in the world and the way individual subjects become familiar with their environment. To accomplish this task, the experience of listening to music is analysed due to the widespread acceptance of music as an important aspect of human life. With (...) reference to a various research studies and hypothesis focused on the way listeners understand music, principles of perceptual organization which allow immediate awareness of music are investigated. Particular attention is given to studies in the field of music perception and cognition. Through an analysis of the main mental processes involved, the goal is to describe several relevant aspects of how listeners understand music at the perceptual level and constitute musical meanings in a subjective manner. This constitution results in a listener’s ability to become immediately aware of their auditory experience as having a specific meaning – that of being, first of all, a musical experience. Focusing on everyday experience and exposure to music, expectation and anticipation are presented as fundamental principles that contribute to the knowledge of the auditory environment and the meaning which acoustic events acquire for a subject. An in-depth analysis of their specific features will show the different influence expectation and anticipation have on a listener’s basic perceptual comprehension of music and in the constitution of musical meanings that are subjectively characterized. Within the framework of a theoretical investigation into human processes of musical knowledge acquisition, the additional objective is to create a dialogue between empirical research results in the field of music cognition and phenomenological descriptions of the structures of human consciousness. In particular, through clarification of the specific terminology that characterizes these two fields of research, the intent is to go beyond the historical gap which has existed between them. This combination of perspectives may increase our understanding of the way human beings know the world and learn how to react to the events which they encounter. (shrink)

Badania kognitywistyczne nad muzyką – dość różnorodne mimo krótkiej historii – spotykają się ze sceptycyzmem. Autor niniejszego wprowadzenia, prezentując kilka spektakularnych przykładów badań nad improwizacją muzyczną, próbuje pokazać, że mają one charakter wzbogacający, a nie redukujący naszą wiedzę o tym fenomenie.