The Creative Life of Law: Improvisation, Between Tradition and Suspicion

Originally applying solely to chefs, waiters, dishwashers and the like, New York City (NYC) regulations governing cabaret employees were altered in 1943 to include musicians and entertainers, who until the late 1960’s would be required to hold a NYC Cabaret Employee’s Identification Card. The introduction of these notorious “police cards” occurred roughly contemporaneously to the emergence in after-hours night clubs in Harlem of a new and supposedly “wild”, improvisatory brand of jazz: bebop. This article adds to the many rather practical theories on why these cards were introduced a more abstract discussion coined in terms of the relationship between suspicion and tradition and focusing on differing essences of law and improvisatory jazz. While law breathes tradition and is suspicious of improvisation and unpredictability, the converse is true of jazz. Allusion to tradition in jazz improvisation is often viewed as a betrayal of its creative and spontaneous nature. And yet it is only through its departure from the stable transmission of past meaning that improvisation gains meaning. Law, in contrast, while appearing to be entirely composed of tradition, to transmit some sort of determinate and fixed meaning, is constantly betraying itself. As no two legal actions can be exactly the same, judges must improvise on tradition and past precedent every time they are asked to decide a case. Law can thus neither dispense with nor be completely determined by tradition. The legal decision instead lies on the border between what it “is” and what it otherwise could be and every judicial act is, in some sense, a species of improvisation. This article uses the cabaret cards to explore this uncertain terrain between law and improvisation, between tradition and suspicion.

The Battle of the Somme in Ulster memory and identity

One of the enduring illusions about Northern Ireland is that its society can be conceptualized through a binary distinction between protestant and catholic. unionist and nationalist. It is increasingly apparent that these broad domains are themselves fractured and diverse and that otherness is often conceived from within rather than without. Northern Ireland can also be viewed as a laboratory for identity formation as unionists and loyalists strive to reconcile themselves with the fundamental political changes that have followed in the wake of the Peace Process. This paper considers one aspect of the contestation of belonging that increasingly characterizes unionism. It examines the competition for the ownership of the mythology of the Battle of the Somme ( 1916), long a key event in the unionist narrative. In particular, the paper addresses the ways in which paramilitary organizations are using the Somme to legitimate their own activities but also to distance the loyalist working classes from the former hegemonic Britishness of official unionism and the sectarianism of the Orange Order. The analysis concludes that loyalist identity is being conceptualized thorough a narrative of betrayal from within and at an intensely localized scale.

Tragedy, Euripides, Melodrama: Hamartia, Medea, Liminality

This article examines socio-historical dimensions and cultural and dramaturgic implications of the Greek playwright Euripides’ treatment of the myth of Medea. Euripides gives voice to victims of adventurism, aggression and betrayal in the name of ‘reason’ and the ‘state’ or ‘polity.’ Medea constitutes one of the most powerful mythic forces to which he gave such voice by melodramatizing the disturbing liminality of Greek tragedy’s perceived social and cultural order. The social polity is confronted by an apocalyptic shock to its order and its available modes of emotional, rational and social interpretation. Euripidean melodramas of horror dramatize the violation of rational categories and precipitate an abject liminality of the tragic vision of rational order. The dramaturgy of Euripides’ Medea is contrasted with the norms of Greek tragedy and examined in comparison with other adaptations — both ancient and contemporary — of the myth of Medea, in order to unfold the play’s transgression of a tragic vision of the social polity.

Surprised by Syntax: Reading the Latinity of Paradise Lost

Stanley Fish in his monumental study argued that the reader of Paradise Lost is “surprised by sin” as he or she in the course of engaging with the text falls, like Adam and Eve, into sin and error and is brought up short. Through a “programme of reader harassment” the experience of the fall is re-enacted in the process of reading, wherein lies the poem’s meaning. And reader response criticism was born. But if for Fish the twentieth-century reader is “surprised by sin,” might not the twenty-first century reader, an all too frequently Latinless reader, be surprised by syntax, a syntax which despite of (or maybe because of) its inherent Latinity and associated linguistic alterity functions as a seductively attractive other? The reader, like Eve, is indeed surprised: enchanted, bemused, seduced by the abundant classicism, by the formal Latinate rhetoric achieved by a Miltonic unison of “Voice and Verse” and also by the language of a Satanic tempter who is—in the pejorative sense of the Latin adjective bilinguis—“double-tongued, deceitful, treacherous.” It is hardly an accident that this adjective (with which Milton qualifies hellish betrayal in his Latin gunpowder epic) was typically applied to the forked tongue of a serpent. This study argues that key to the success of the double-tongued Miltonic serpens bilinguis, is his use and abuse of Latinate language and rhetoric. It posits the possible case that this is mirrored in the linguistic methodology of the poeta bilinguis, the geminus Miltonus? For if, like Eve, the twenty-first century reader of Paradise Lost is surprised by syntax, by the Miltonic use and the Satanic abuse of a Latinate voice, might not he or she also be surprised by the text’s bilingual speaking voice?