‘Performance art’. What is it? Complex. Intricate. Difficult to describe. In her article High Performance, Performance Art, and Me, Linda Burnham portrays the difficulty of finding a definition broad enough to encapsulate its magnificent essence – which is non-static and time-based (Burnham, 1986). Ultimately, Burnham establishes that within performance art exists all art movements and all art styles (Burnham, 1986).
Embarking upon my journey as a law student, the artist within me slowly died as the system of legislation began to shape me into a ‘rule-abiding’ and ‘regulation-following’ citizen. I will not attempt to depict the voyage it took to ignite the spark, but I will try to persuade you of the exquisite parallels found between art and law, through the examination of performance art. Initially, the organised realm of law can appear at odds with the free-spirited nature of art. However, both these seemingly contrasted fields lie at the heart of an exchange of expression and interpretation.
To ensure we are on the same page, I will simplify the all-encompassing definition of performance art as a combination of time, space, the body of performers, and the interaction between the artists and the audience (Performance Art Resources, n.d.). We are in a constant dance with performance art every time we think about what art is, what it can do, and where and how it can be experienced (Performance Art Resources, n.d.). Following this definition, I will explore how the practice of law can be expressed and interpreted as a form of performance art where lawyers, judges, the accused, and innocent parties create a dynamic experience of expression that evokes deep emotions.
The simple mention of the word ‘law’ is enough to draw a bold line to separate it from the dimensions of what is considered art. Many lawyers and law students will convince you that law is nothing but ‘a labour of intellect’ (Mutua, 2021). Yet, contrary to this, is an interpretation of the lawyer as a performer. This idea dates back years, to South Africa’s history when role-players in the courtroom were all dressed in black robes and weird-looking wigs.
I set the scene of my performance art in a courtroom. The courtroom is my stage as a lawyer, where I stand up before a judge and my opponent to portray a convincing argument about the innocence of my client, who is accused of  murder. I do not have to believe the story that my client shares if I can creatively use legal precedent to sell a narrative  of an innocent man who has been wrongly convicted. The courtroom provides the space for a legal drama to unfold, where the lawyer, judge, and witnesses follow the scripts set out by legal procedures and protocols.
The courtroom as a stage
‘Then Oscar shot a bullet out of the sunroof’. This line is taken from the judgment in the S v Pistorius 2014 JDR 2127 (GP) and offers a compelling example of how the courtroom functions as a stage. His trial was broadcast (the first criminal case to be aired live in a South African court), and clips can be found on YouTube, depicting a theatrical performance of a deeply horrifying action play.
In another parallel, lawyers spend years attending law school to learn specific ‘legal lingo’ and prepare legally based arguments on why the law is the way it is, or why and how it should be changed. The use of language plays a role in creating persuasive arguments, which can be likened to the time that artists put into presenting their newest art in such a way as to deliver a convincing performance. In the Oscar Pistorius case, much credit can be given to the highly strategic performances that the lawyers presented.
A central aspect of performance art is to evoke emotion in the audience. It can be argued that the best performance art leaves the audience touched, questioning their life as they knew it pre-performance. Similarly, the trial of Oscar Pistorius was a beautiful depiction of performance art, exploring themes of justice and truth, and pushing the boundaries of legal and societal norms (Macht, 2019).
The challenge of performance art can therefore be perceived from two perspectives. On the one hand, one can equate the core problem in the relationship between performance art and law, to the legal issues centred around ensuring that the ‘invisible’ works of these artists are adequately protected by the Copyright Act and the Intellectual Property Act (www.smb.london, n.d.). On the other hand, and this is my view as a law student, the core problem is derived from the lack of recognition of this very intriguing relationship. I do agree that the law is important in its regulation of conflicts. However, the beauty of law as a performance art has been replaced by the stigma reflecting lawyers as greedy ‘money-suckers’ who lack the free-spirited nature attached to the popular notion of artists.
Whilst I have illustrated that there are many similarities between the law and performance art, the issue of rigidness remains a differentiating factor between the two disciplines. Yet, I believe that legal educators and academics could learn much from the boundless possibilities of performance art, when trying to ignite a spark in the minds of young law students. This could help debunk the aforementioned false perceptions of the legal field and forge a pathway for more creative developments in the future.Â
Bibliography
Burnham, L.F. (1986). ‘High Performance,’ Performance Art, and Me. The Drama Review: TDR, 30(1), p.15. doi:https://doi.org/10.2307/1145710.
Macht, A. (2019). Performing the Repentant Lover in the Courtroom: An Analysis of Oscar Pistorius’ Recreation of Hegemonic Masculinity. [online] Springer eBooks. Available at: https://www.academia.edu/110453392/Performing_the_Repentant_Lover_in_the_Courtroom_An_Analysis_of_Oscar_Pistorius_Recreation_of_Hegemonic_Masculinity [Accessed 9 Oct. 2024].
Mutua, M. (2021). The law as performance art. [online] Nation. Available at: https://nation.africa/kenya/blogs-opinion/opinion/the-law-as-performance-art-3511346 [Accessed 9 Oct. 2024].
‌‌Performance Art Resources. (n.d.). What is Performance Art / Live Art / Action Art? [online] Available at: https://performanceartresources.com/home/what-is-performance-art-live-art-action-art/.
S v Pistorius 2014 JDR 2127 (GP).
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www.smb.london. (n.d.). StackPath. [online] Available at: https://www.smb.london/news/performance-art-the-legal-issues-behind-the-ownership-of-invisible-art/.
Edited by Olivia Jarvie
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