Law x Art: A Two-way Street of Mutual Productive Irritation

Both art and science have been cornerstones of western society for millennia, yet their synthesis—artistic research—has yet to achieve widespread acceptance in European […] academies. Samuel Penderbayne[1]

Artistic Research

Artistic research has many faces.^[2] For some it is research ‘about’ art (art as research object: art history^[3] as well as artists’ self-exploration into their own body of work).^[4] For others it is research ‘for’ art (art as research objective: artists utilizing pre-existing scientific research methods as tools and inspiration to create artworks).^[5] For yet others it is research ‘through’ art (art as research method: scientists developing novel research methods through their own artistic practice or partnerships with artists).^[6]

The Art Side

There have been many prominent artistic research authors from the art side^[7] and many more that conduct artistic research without explicitly writing about it. And while there is a marked increase in research-oriented artistic practices fueled by anthologies,[8] journals,[9] fellowships,[10] and PhD programs,^[11] the same cannot be said for the science side.

The Science Side

There is a general lack of academic scholars who dare explore this route, especially legal scholars,^[12] and especially artistic research understood as more than the one-way-street of simply offering finished research results up for artists to interpret, or the one-way-street of picking famous art disputes to give legal opinions on.

This essay describes my own path of opening up my research to art and outlines ‘Law x Art’ understood as a new subcategory of artistic research and a supplemental ‘academic modus operandi’^[13] in the legal sciences.

My Decade of Separation

The connection between art and law has, however, not always been apparent to me. For more than a decade my two passions of art and law were stowed away in separate compartments of my brain and life.

Law—Rationality, Formality, Objectivity

One was a highly structured, hierarchical endeavor, infused at times with an almost mathematical dogmatic logic, which I had decided to dedicate my working life to. It required one to analyze, memorize, and regurgitate large quantities of external knowledge, abstract information, paragraphs, and cases. It was result-oriented and classification-based. It offered very little room for coincidence and play. It necessitated a certain self-rigor and self-deprivation to master. It meant following the rules.

Art—Intuition, Informality, Subjectivity

The other represented an escape from those strictness and rules. To record music, to paint, write poetry, or even just to consume other people’s art made me flow. It was full of embodied, sensory, and intuitive spontaneity, a sense of knowing without discursive thinking.[14] The knowledge it created was largely located within myself—even if influenced by external sources. It invited the unsystematic, the illogical, the incomplete. Its outcome was never pre-determined. It allowed me to push boundaries, to provoke, to break rules.

Yet art was something I let myself explore only after a day’s work had been completed successfully, only after I had fulfilled my self-set quorum of productivity, art was something I as a legal scholar relegated—for many years—to the outer margins of my life.

During this time, my ‘decade of separation’, I felt, that—even though I greatly enjoyed diving deep into navigating this strange new world of paragraphs and articles—I left something behind on the surface: an intuitive dimension of myself, cast aside to fit into the preset mold of the rational, straight-thinking, unaffected law student and legal scholar.^[15] It took overcoming the separateness of law and art in my mind, to overcome this separateness of self, and to feel truly at home in my profession.

Convergence

Three core experiences triggered this convergence. First, my PhD studies, which turned me from passive consumer and applicator of external legal knowledge into the creator of new legal knowledge and introduced for the first time a creative element into my legal education. Second, my time spent at Yale Law School, known for centering in its curriculum also non-legal sciences like psychology and political economy, solidifying the interdisciplinarity of my research. And third, meeting role models and collaborators ranging from lawyers double-majoring in art history to legal scholars who are practicing artists.[16] My role models were not necessarily older, established individuals but rather young colleagues whose bravery to combine art and law in the face of the conservatism of traditional legal discourse I admired. I needed to see someone else live the connection between law and art before I could see myself live it. It is through many conversations and collaborations with this group of individuals that my view of Law x Art was shaped.

Today, I no longer consider law and art as opposites. They are complementary for me, bear intrinsic similarities, and I continue to see characteristics of one in the other.

On a high level of abstraction, they both attempt to illustrate aspects of the human condition through exploration, revelation, and representation, and in this sense both art and the legal sciences work toward advancing human understanding.^[17] Law like art is continually evolving and rich with permutations and surprises. Law is not set in stone but contingent on the society that birthed and sustains it. Law like art is a reflection of society.

On a more concrete level, intuition plays a big part in the writing of any text—be it legal or artistic. This includes the intuition of picking a topic to write about, the intuition of how to structure one’s own thoughts for the reader, and the intuition to know when a text is finished. The deep interest a legal scholar feels for a particular topic that compels them to dig deep into it and ‘scratch an intellectual itch’ is also intuition. As is the moment the researcher wakes up from sleep, the answer to a problem they have been unsuccessfully working on for months suddenly and seemingly out of nowhere at the tip of their tongue. This is said to have happened even to the father of the scientific method of rationality and objectivity himself: René Descartes, who stated that the very basis of his scientific method came to him in a dream.^[18]

Even the purest forms of scientific research are thus shaped by tacit dimensions such as intuition, creativity, or spontaneous experimental practice.^[19] To allege a wall between science and art with objectivity and rationality on one side and subjectivity and intuition on the other is over-simplistic.^[20] Einstein alluded this to when he proclaimed that ‘the greatest scientists are artists as well.’^[21]

Law x Art

Law x Art evades this oversimplification. It aims at centralizing artistic practice’s intuition in the legal sciences to create hybrid forms of knowledge and offer a new academic modus operandi. The goal is not to replace but to supplement traditional approaches in the legal sciences.^[22] Law x Art builds interdisciplinary bridges out of artistic intuition into domains of rational legal thought^[23] by encouraging scientists to develop research projects in tandem with artists, as well as encouraging scientists to develop their own research-based artistic practice.^[24]

Creating Zones of Resonance

The intent of Law x Art is not, however, to discipline or rationalize art, and subjugate it to the legal sciences. Art is not just a useful ancillary to scientific research to communicate with the general public more successfully than academic journals and lengthy monographs could; it is not limited to interpreting pre-existing scientific knowledge but may contribute to producing new knowledge. In that sense the artist is not someone who works for the researcher but someone who works with them, and law and art are not translations of one another but actors in their own right—neither is subordinate or just a tool for the other.

Law x Art creates zones of resonance and friction for both such actors. While the concept of resonance does not intend to name specific methods to borrow from, rather proposing a set of strategies of suggestion, insinuation, and montage, so as to configure a space ‘where neighboring objects might oscillate in sympathetic vibration’, as artist-anthropologist Rachel Thompson puts it.^[25] Further, the concept of zones of friction particularly welcomes inspiration coming from confusion and chaos,^[26] from having your perspectives and ideas challenged by exposure to other fields and methods.^[27] Strategies of suggestion to create zones of resonance and friction include the following questions:

1. What are the tacit dimensions of my research? (self-reflection as to the limits of scientific knowledge)

2. How can artistic practice make the tacit dimensions of my research fruitful for knowledge production and communication? (making the invisible visible)

3. How can my research be experienced through art? (creation of experiential knowledge)[28]

4. What metaphors are present in my research? (revealing potentially fruitful connections and novel ways of seeing)^[29]

5. What thoughts about my research have I not dared to explore for fear of appearing unprofessional, overstepping the boundaries of my discipline or being laughed at by my colleagues? (this may be where true discovery lies)

Opening a Two-Way Street

Following from the concept of zones of resonance, Law x Art must be understood as a two-way street of mutual productive irritation.

Not just Law → Art: What Law x Art is consequently not about is lawyers taking up artistic practice as a hobby. This produces art more or less inspired by their legal work, but which stands relatively disconnected next to it in the sense of a one-way street: law as subject of art. Examples of such disconnected artistic practices by lawyers may be found in works by Goethe, Kafka, Rosendorfer, Schlink, or von Schirach (so-called poet-lawyers^[30]), as well as in the collection of the ‘Law & Art’ online gallery.[31] These works either do not deal with legal issues at all or are merely about finding artistic representation for pre-existing legal issues. That is not to say that this one-way street may not lead to highly noteworthy works of art—but it’s not Law x Art.

Not just Law ← Art: Nor is Law x Art about legal scholars giving opinions on cases involving the art world. This, too, constitutes a one-way street: art as subject of law. While there are a number of books with titles such as ‘Law and the Arts’,^[32] ‘Art and Criminal Law’,^[33] or ‘Art Trials’,^[34] none of them constitute artistic research understood as a two-way street. Many merely pick an art law case with which to exemplify and confirm general concepts of legal dogmatics with no true dialogue between art and law occurring. The authors never take off or question their ‘lawyer’s glasses’, they never leave the safety of their discipline’s ivory tower. Further, these works are often concerned explicitly with the ‘direct connectivity’ of art and law, rather than resonance and friction. This approach, too, may produce important works of scholarship, but it is not Law x Art.

It is chiefly for this reason—so as not to be conflated with these already existing perspectives—that I choose not the name of ‘Law and Art’ for my approach but of ‘Law x Art’.

X stands for the two-way traffic of mutual productive irritation at a crossroad. The x, too, makes it clear that Law x Art is not about a peaceful coexistence of art and law but resistance and dissent. It demands challenging the expectations of one’s own discipline and one’s own dogmatic conditioning.

x stands for two way-street

x stands for resonance

x stands for friction

x stands for the unknown

x stands for inspiration coming from confusion

Fig 1. The author’s offices at the University of Halle.

Examples of My Emerging Practice

Implementing Law x Art in my own work has been an ongoing process. With various projects I have remained within a one-way street (eg advising as legal expert a theatre in Mainz for a play on the Wirecard fraud and embezzlement scandal). Yet the goal is always opening a two-way street between art and law, while at the same time accepting that pushing research to a discipline’s limits naturally courts a high risk of failure and recognizing that the process of such artistic experimentation may be just as important as the results.^[35]

Fig 2. Wirecard-play ‘Villa Alfons’ at Staatstheater Mainz 2022. IstaCard-CEO Markus Schwartz is seen climbing a giant badger (German: Dachs), a symbol for the German stock market index DAX (still image © Andreas J Etter).

Beyond Law Salon

At the core of my Law x Art practice stands the Beyond Law Salon series that I curate and host with collaborators Daria Bayer and Stella Dörenbach in Berlin.[36] The salon is designed to bring together three times a year a diverse group of scientists and artists to discuss, explore, and perform topics of law and art. Inspirations are drawn from the work of the performance collective signa, whose site-specific performances always involve the audience.

Past Salons have been dedicated to AI generated art, violence in art, and burnout in academia. Each evening contains informative as well as interactive elements aimed at disintegrating the strict categories between artist and scientist as well as audience and performers. At one Salon, the AI-based composer collective ktonal presented a piece of their music, before a legal expert commented on intellectual property protection of the art just witnessed, while guests became AI-artist themselves at the same time, co-creating through apps such as WOMBO Dream.

Every Salon spans multiple rooms, offering different experiences in each of them; one room is usually reserved to be entered in solitude. During a past Salon on violence and consent the Salon hosts—re-enacting Marina Abramović’s performance Rhythm 0—took turns in such secluded room to act as immobile ‘objects’ surrounded by an assortment of, among other things, knifes, scissors, and pins giving guests permission to use them as they pleased on the hosts.

At another evening on the topic of burnout and labor laws, Salonists were refused entry at the agreed upon time but instead sent out individually to bars, busstops, and parks with the task of each collecting a story from a stranger. When reuniting as a group after several hours guests were invited to join the performance of Academics Anonymous (AA), sharing their experience of workaholism and of being gifted an unexpected break in their busy schedules by our initial refusal of entry.

The atmosphere of all Salons is un-institutional in the sense that it rejects knowledge communication through the traditional hierarchical lecture format and instead offers—over candlelight and wine—impulses and suggestions as well as communal, experimental knowledge production. The idea is to take art out of the museum, to take science out of the university, and to infuse ‘the every day’ with them.

Performative Lectures, Art as Evidence, Artist Collaborations

I further implement Law x Art within my research into white-collar crime, reaching from the quasi-lawless space of offshore financial centers to the billion euro Cum-Ex tax evasion scandal. I have, for example, held performative lectures during which water is unpredictably yet constantly dripping onto the audience while I speak, symbolizing the money slipping through legal loopholes into tax havens. Research into the crimes of the rich and powerful is particularly suited for artistic exploration due to the hidden power asymmetries within the law that favor wealthy criminals, and due to art being an innate mechanism to question power. If law is power, law is the establishment—art is the question mark that may make the hidden visible. Art is a means to put normative or normalized behaviors to the test.^[37]

Further, art can act as evidence. This was first proposed by the filmmaker Laura Poitras[38] whose documentary Citizenfour (2014) on the whistleblower Edward Snowden won an Oscar and sustained attention to the NSA’s global illegal surveillance efforts. The concept of art as evidence, too, has a role in scientific discourse. It can, to use Pointras’ words, be a ‘medium […] we can use to translate evidence or information beyond simply revealing the facts, [and] how people experience that information differently — not just intellectually, but emotionally or conceptually.’^⁠[39] Art’s ability in this sense is not limited to the one-way street of science communication, but art itself becomes ‘an entry point to investigate sensitive issues’. Such ‘artistic intrusions’ into ultraspecialized fields of knowledge may be needed either to address topics that have not yet been readily addressed by scientists at all or to generate a public discussions beyond expert circles.^[40] Examples relating to my research include past works on offshore financial centers by artists such as Femke Herregraven (2011), Paolo Cirio (2013, see fig 3), the Rybn collective (2017), and the DMSTFCTN collective (2017).

Fig 3. Loophole for All (Paolo Cirio 2013, video channels and digital prints) (Installation at Poetics and Politics of Data, exhibition at House of Electronic Arts, Basel, Switzerland, 2015. © Paolo Cirio).

To explore this further myself, I have been working with the artist Margerita Pevere and the curator Daniela Silvestrin as fellows at the Silbersalz Institute (2022-2023) which pairs scientists and artists for collaboration. In the process I have learned from Pevere’s bio-art concept of ‘leaky bodies’[41] and her ‘poetics of uncontainability’,[42] and transposed them to the uncontainability of bodies of information (secrets) in the offshore space (consider the Panama Papers Leaks). Pevere, too, has inspired the title of my upcoming monograph Anti-Leviathan.[43] The book uncovers a world in which the traditional Leviathan—the symbol of state power—is challenged by a collective ‘Anti-Leviathan’: a swarm of highly skilled lawyers, bankers, and advisors who help move and conceal vast sums of (criminal) money in the offshore world. The Anti-Leviathan undermines the foundations of tax justice and democratic processes as well as creating a parallel reality, a two-tier criminal justice system in which elites operate untouched by state control. The scholarly text in my book is accompanied by seven artistic works which I have created in parallel to the three-year academic writing process (see fig 4). They reflect my personal approach to the subject and point to intellectual dead ends not reflected in the text, providing an insight into the genesis of the book. 

Fig 4. Artwork from the author’s upcoming book ‘Anti-Leviathan’: Swarm (Lucia Sommerer 2023, canvas ⌀ 50cm, wire stainless steel).

Wandering: a randomness inviting research methodology

Finally, reflections through Law x Art have helped me recognize as central to my work an approach I have practiced for many years but never named: wandering.

Wandering—on its surface more akin to an artist’s way of relating to the world than a scientist’s—has notably been deployed as a research methodology by US anthropologist Howard Campbell.^[44] It is characterized by random explorations, stumbling onto things, meeting ideas and people in an impromptu way, walking past the boundaries of caution.

While Campbell uses his approach in a literal way—he is actually randomly walking around a location, for example Ciudad Juarez in Mexico, the murder capital of the world—I have long used his approach in a metaphorical sense. It is my mind that wanders around outside my discipline, stumbling, bumping into fragments of foreign ideas. The more disconnected from my research the area I am wandering in, the more promising it seems for unexpectedly encountering a phrase, an image, a sound that will become the core of my legal research later. All my major research topics have come to me that way, discovered not by avid intra-disciplinary discussion and literature study but stumbled upon like a rock on which I hit my toe. By randomly googling, spending too much time on social media, browsing gossip magazines at the hairdressers, or eavesdropping on strangers’ conversations at a party. And oftentimes an academic paper that becomes most important to an argument I am trying to make in my writing is the very one I have encountered only because I misspelled something in the search engine.

Of course, there are moments in every research when loose wandering will pause and pre-structured, minute scientific analysis takes over.^[45] But this is not to negate the role of wandering in formulating the research questions in the first place and in moving the research along by little bursts of chance here and there.

All scientists do ‘wandering’. For me, however, it constitutes an element so central to research, that I consider it necessary to bring it from the unconscious into the conscious, and explicitly credit it. Conscious wandering in this sense is a randomness inviting practice. There is extensive literature on the beneficial role of randomness in complex evolutionary systems like random gene mutations,^[46] in childhood learning,^[47] as well as in imitating human creativity with computers^[48]. The same beneficial role of randomness is true for the evolution of academic ideas. 

Conscious wandering, while many times likely to end up at strange an impassable dead-ends, is inviting us to think ideas that have not been thought before, and that could not have been thought employing linear thinking. Law x Art is one such way to bring conscious wandering into the legal sciences.

Future

Law x Art has the potential to enrich legal debate within the discipline as well as with the public and to provide a creativity-enhancing, supplemental academic modus operandi in the legal sciences.

To normalize Law x Art I invite the reader to, in a first step, utilize hybrid formats of knowledge communication, ranging from research exhibitions to performative lectures and teach-ins at museums (see also the work of Daria Bayer, who chose to compose her PhD in Law thesis in the form of a theater play).^[49] It is through this novel way of conceiving the communication of academic knowledge that different perspectives and pathways to creating academic knowledge will become apparent. Further potential lies in transposing this approach from research into teaching and infusing the classroom with artistic elements.[50] Law—one of the most important resources of power—should not exclusively be communicated in structurally conservative ways. Ultimately, however, to sustain a Law x Art movement and anchor it in legal scholarship in the long term new institutional structures are needed, eg funding for scholar-artist tandems,[51] scholar-artist retreats,[52] and artist in residence programs at law schools.[53] 

As cornerstones of western society, science and art have influenced each other for centuries. It is now time to make their connectedness explicit—not just in the legal sciences.

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Lucia Sommerer

Lucia Sommerer is a Berlin-based artistic researcher at the intersection of law, technology, and art. She holds an assistant professorship in criminal law and criminology at the University of Halle (Germany), is a fellow at Yale Law School’s Information Society Project (USA), and a member of Kollektiv im Fenster (kiF). Contact: lawxart@mailbox.org. The author thanks colleagues and collaborators Daria Bayer, Stella Dörenbach, Johanna Hahn, and Katrin Höffler for valuable comments on a first draft of this text.

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 ^[1] Samuel Penderbayne, ‘From Artist to Artistic Researcher. Chapter 2.3.1. Epistemology’ (Hamburg Open Online University, 2022) <https://legacy.hoou.de/projects/from-artist-to-artistic-researcher/pages/2-4-epistemology> accessed 1 July 2024.

^[2] See eg Peter Tepe, ‘Über Konzepte der künstlerischen Forschung 5.2. Zu Martin Tröndle/Julia Warmers (Hg.): Kunstforschung als ästhetische Wissenschaft. Beiträge zur transdisziplinären Hybridisierung von Wissenschaft und Kunst’ (Mythos-Magazin, January 2023) <https://mythos-magazin.de/erklaerendehermeneutik/pt_kuenstlerische-forschung5-2.pdf> accessed 1 July 2024; Till Bödeker, ‘Zum Wissensbegriff der künstlerischen Forschung’ (Mythos-Magazin, January 2023) <https://www.mythos-magazin.de/erklaerendehermeneutik/tb_wissensbegriff-kuenstlerische-forschung.pdf> accessed 1 July 2024; Margherita Pevere, ‘Arts of vulnerability. Queering leaks in artistic research and bioart’ (Doctoral thesis, Aalto University School of Arts, Design and Architecture 2022) 26 et seq; Julian Klein, ‘What is Artistic Research?’ (Journal for Artistic Research, 23 April 2017) <https://jar-online.net/en/what-artistic-research> accessed 1 July 2024; Henk Borgdorff, The Debate on Research in the Arts (Kunsthøgskolen i Bergen 2006); Christopher Frayling, ‘Research in art and design’ (1993) 1(1) Royal College of Art Research Papers 1, 5; Claudia Schnugg, Creating ArtScience collaboration: Bringing value to organizations (Springer 2019).

^[3] Till Bödeker and Peter Tepe, ‘Early Connections between Science and (Visual) Art’ (2023) w/k–Between Science & Art Journal.

^[4] Peter Tepe, ‘Science-Related: Four New Series’ (2022) w/k–Between Science & Art Journal; Samuel Penderbayne, Cross-genre composition (Wolke 2018) 12.

^[5] See eg AEC and others, ‘Vienna Declaration on Artistic Research’ (Culture Action Europe, 2020) <https://cultureactioneurope.org/wp-content/uploads/2020/06/Vienna-Declaration-on-AR_corrected-version_24-June-20-1.pdf> accessed 1 July 2024; Suzanne Anker, ‘Vanitas (in a Petri dish) Series’ (2016) <https://www.suzanneanker.com> accessed 1 July 2024; Lia Halloran, ‘Your body in a space that sees’ (2025) <https://liahalloran.com> accessed 1 July 2024; Dietmut Strebe, ‘The Prayer’ (2020) <https://www.diemutstrebe.com> accessed 1 July 2024.

^[6] See eg Neri Oxman, ‘Nature x Humanity’ (2024) <https://oxman.com> accessed 1 July 2024; Peter Tepe, ‘On: Art Inspires Science’ (2020) w/k–Between Science & Art Journal.

^[7] See above (n 2-6); Jens Badura, ‘Erkenntnis (sinnliche)’ in Jens Badura et al (eds), Künstlerische Forschung: Ein Handbuch (Diaphanes 2015) 43-8; Anke Haarmann, Artistic research: Eine epistemologische Ästhetik (transcript 2019); Dieter Mersch, ‘Praxis eines ästhetischen Denkens’ in Elke Bippus (ed), Kunst des Forschens: Praxis eines ästhetischen Denkens (Diaphanes 2014) 27-48.

[8] See eg Peter Lynen and Stefan Pischinger (eds), Wissenschaft und Kunst. Verbindung mit Zukunft oder vergebliche Sisyphusarbeit? (Ferdinand Schöningh 2018); Gerald Bast, Elias G Carayannis, and David FJ Campbell (eds), Arts, Research, Innovation and Cociety (Springer 2015); Badura et al (n 7); Mick Wilson and Schelte van Ruiten (eds), SHARE: Handbook for Artistic Research Education (ELIA European League of Institutes of the Arts 2013); Michael Biggs and Henrik Karlsson (eds), The Routledge Companion to Research in the Arts (Routledge 2010). See also Graeme Sullivan, Art Practice as Research: Inquiry in Visual Arts (Sage 2010).

[9] See eg ‘w/k–Between Science & Art Journal’ (Peter Tepe and others, since 2019); ‘Journal for Artistic Reserach’ (Society for Artistic Research, since 2011); ‘Art/Research International’ (University of Alberta Libraries, since 2016); ‘Nordic Journal of Art & Research’ (Oslo Metropolitan University, since 2012); ‘Nordic Journal for Artistic Research’ (Stockholm University of the Arts & the Norwegian Artistic Research Programme, since 2018); ‘Airea—Arts & Interdisciplinary Research’ (Eleni-Ira Panourgia and others, since 2018); ‘Research Catalogue—An International Database for Artistic Resreach’ (Society for Artistic Research, since 2011).

[10] See eg ‘Künstlerische Tatsachen’ <https://www.kuenstlerische-tatsachen.de> accessed 1 July 2024.

^[11] Cf. Thomas Gartmann, ‘Studies in the Arts: An Artistic-Scientific Doctorate’ (2022) w/k–Between Science & Art Journal; Peter Lynen, ‘Die Verleihung des Dr. art. und Dr. mus.—Ein Bärendienst für Kunst und Wissenschaft’ (2011) 11(3) Forschung & Lehre 218.

^[12] See however Daria Bayer, Tragödie des Rechts (Duncker & Humblot 2021); ‘A Decentralized Right to Breathe’ (Logische Phantasie Lab, 2023) <https://www.lo-ph.agency/dertb> accessed 1 July 2024; Gary P Bagnall, Law as Art (2nd edn, Routledge 2006); Amin Parsa and Eric Snodgrass, ‘Legislative arts: interplays of art and law’ (2022) 14(1) Journal of Aesthetics & Culture 1.

^[13] Cf. Mika Hannula, Juha Suoranta, and Tere Vadén, Artistic research: Theories, Methods and Practices (Academy of Fine Arts 2005) 9.

[14] Louis Arnaud Reid, ‘Intuition and Art’ (1981) 15(3) Journal of Aesthetic Education 27.

^[15] Cf. Duncan Kennedy, ‘Legal education and the reproduction of hierarchy’ (1982) 32(4) J Legal Education 591; Nicola Lacey, ‘Legal Education as Training for Hierarchy Revisited’ (2014) 5(4) Transnational Legal Theory 596; Duncan Kennedy, ‘The Hermeneutic of Suspicion in Contemporary American Legal Thought’ (2014) 25(2) Law and Critique 91, 128 et seq.

[16] See inter alia authors in (n 12) above.

^[17] Cf. Patricia Leavy, Method Meets Art: Arts-based Research Practice (The Guilford Press 2009) 2.

^[18] Robert Withers, ‘Descartes’ Dreams’ (2008) 53(5) Journal of Analytical Psychology 691.

^[19] Cf. Badura (n 7) 43 et seq.; Michael Polanyi, The Tacit Dimension (Routledge 1966); Anon Collective, The Book of Anonymity (punctum books 2021) 22.

^[20] See also Pevere (n 2) 26 et seq; Bayer (n 12); Tepe (n 2) 10 et seq; Alexander Becker, ‘Art and Science’ (2016) w/k–Between Science & Art Journal.

^[21] Einstein Archive 33-257.

^[22] Cf. Badura (n 7) 43 et seq.

^[23] Cf. Samuel Penderbayne, ‘From Artist to Artistic Researcher Chapter 2.3.1.b Intersubjective Resonance and Metacognition’ (Hamburg Open Online University, 2022) <https://legacy.hoou.de/projects/from-artist-to-artistic-researcher/pages/2-3-1-b-intersubjective-resonance-and-metacognition> accessed 1 July 2024.

^[24] Cf. Bödeker and Tepe (n 3) 4.

^[25] Rachel Thompson, ‘Labyrinth of Linkages—Cinema, Anthropology, and the Essayistic Impulse’ in Gretchen Bakke and Marina Peterson (eds), Between Matter and Method (Routledge 2020) 5; Anon Collective (n 19) 59.

^[26] Cf. Katrina Schwartz, ‘On the Edge of Chaos: Where Creativity Flourishes’ (kqed, 6 May 2014) <https://perma.cc/5KZ7-A99F> accessed 1 July 2024. See also Robert M Bilder and Kendra S Knudsen, ‘Creative cognition and systems biology on the edge of chaos’ (2014) Front. Psychol 5; Krystyna Laycraft, ‘Chaos, complexity, and creativity’ (Proceedings of Bridges 2009: Mathematics, Music, Art, Architecture, Culture) 355 et seq; Frank Ulrich and Peter Axel Nielsen, ‘Chaos and creativity in dynamic idea evaluation: Theorizing the organization of problem‐based portfolios’ (2020) 29(4) Creativity and Innovation Management 566.

^[27] Milena Tsvetkova interviewed in ‘News: Milena Tsvetkova reflects on sabbatical at SFI’ (Santa Fe Institute, 19 May 2023) <https://perma.cc/W8PM-J72U> accessed 1 July 2024.

[28] Cf. Camilla Groth et al, ‘Conditions for experiential knowledge exchange in collaborative research across the sciences and creative practice’ (2020) 16(4) CoDesign 328.

^[29] On the scientific benefits of metaphorical thinking David Gray and Michele Macready, ‘Metaphors: Ladders of Innovation’ in David C Krakauer (ed), Worlds Hidden in Plain Sight: The Evolving Idea of Complexity at the Santa Fe Institute 1984-2019 (SFI Press 2019) 129 et seq.

^[30] Cf. Yvonne Nilges, Dichterjuristen: Studien zur Poesie des Rechts vom 16. bis 21. Jahrhundert (Königshausen & Neumann 2014).

[31] See ‘Law & Art’ <https://www.lawand.art/> accessed 1 July 2024.

^[32] Werner Gephart and Jure Leko (eds), Elective Affinities and Relationships of Tension (Klostermann 2017). See also several contributions on law and art in Lynen and Pischinger (n 8) 167 et seq; Nathalie Mahmoudi and Yasmin Mahmoudi, Kunst-Wissenschaft, Recht-Management: Festschrift für Peter Michael Lynen (Nomos 2018); Peter Michael Lynen, Kunst im Recht: Erläuterungen zum Spannungsfeld von Kunst, Recht und Verwaltung (Der Kleine Verlag 1994); Eduardo CB Bittar, Semiotics, Law & Art: Between Theory of Justice and Theory of Law (Springer 2020).

^[33] Dela-Madeleine Halecker et al (eds), Kunst und Strafrecht: Eine Reise durch eine schillernde Welt (De Gruyter 2022); Uwe Scheffler, Art and Criminal Law Brochure (2020).

^[34] Johann Braun, Kunstprozesse von Menzel bis Beuys: 13 Fälle aus dem Privatrecht (2nd edn, Beck 2009).

^[35] Cf. Anon Collective (n 19) 55.

[36] See ‘Beyond Law Salon’ <https://www.kollektivimfenster.com/beyond-law> accessed 1 July 2024.

^[37] Christoph Schenker, ‘Wissensformen der Kunst’ in Badura et al (n 7) 105 et seq.

[38] Tatiana Bazzichelli (ed), Whistle-blowing for Change: Exposing Systems of Power and Injustice (Transcript 2023) 67 et seq.

^[39] ibid.

^[40] Anon Collective (n 19) 53, referencing Brian Holmes, ‘Extradisciplinary Investigations: Towards a New Critique of Institutions’ in Gerald Raunig and Gene Ray (eds), Art and Contemporary Critical Practice Reinventing Institutional Critique (MayFly 2009) 53 et seq.

[41] Pevere (n 2) 67 et seq.

[42] ibid.

[43] Lucia Sommerer, Anti-Leviathan: How offshore financial centres promote white-collar crime, create inequality and endanger democracies (Nomos forthcoming).

^[44] Howard Campbell, Downtown Juárez: Underworlds of Violence and Abuse (University of Texas Press 2021).

^[45] Cf. David Bohm, On Creativity (Psychology Press 2004) 50 et seq.

^[46] Andreas Wagner, ‘The role of randomness in Darwinian evolution’ (2012) 79(1) Philosophy of Science 95.

^[47] Alison Gopnik, ‘Childhood as a solution to explore–exploit tensions’ (2020) 375(1803) Philosophical Transactions of the Royal Society B.

^[48] John McCarthy et al, ‘A proposal for the dartmouth summer research project on artificial intelligence, August 31, 1955’ (2006) 27(4) AI magazine 12; Simone Scardapane and Dianhui Wang, ‘Randomness in neural networks’ (2017) 7(2) Wiley Interdisciplinary Reviews: Data Mining and Knowledge Discovery 1. See also Daniel Kahneman et al, ‘An exchange of letters on the role of noise in collective intelligence’ (2022) 1(1) Collective Intelligence 1.

^[49] See Bayer (n 12).

[50] See eg Peter Tepe, ‘Vorlesungstheater’ (2022) w/k–Between Science & Art Journal; Peter Tepe, ‘25 Jahre Schwerpunkt Mythos, Ideologie und Methoden…und kein Ende’ (Mythos-Magazin, September 2013) 39 et seq <https://mythos-magazin.de/geschichtedesschwerpunkts/pt_25Jahre.pdf> accessed 1 July 2024.

[51] See eg ‘Silbersalz Institute’ (Documentary Campus) <https://www.documentary-campus.com/training/silbersalz-institute> accessed 1 July 2024; ‘Künstlerische Tatsachen’ (n 10).

[52] See eg ‘Villa Aurora & Thomas Mann Haus’ <www.vatmh.org> accessed 1 July 2024; ‘Villa Massimo’  <www.villamassimo.de> accessed 1 July 2024; ‘Wissenschaftskolleg Berlin’ <www.wiko-berlin.de> accessed 1 July 2024.

[53] See eg ‘Artist-in-Residence Program’ (Columbia Law School) <www.law.columbia.edu/community-life/strategic-initiatives/artist-residence-program> accessed 1 July 2024; ‘Artist in Residence’ (Center for Interdisciplinary Research at University of Bielefeld) <www.uni-bielefeld.de/einrichtungen/zif/funding/art/>  accessed 1 July 2024; ‘Center of Art, Science & Technology ‘ (MIT) <https://arts.mit.edu> accessed 1 July 2024; ‘Arts at CERN’ (CERN) <https://arts.cern> accessed 1 July 2024.