Western intellectual property frameworks have at least one feature in common: performers are less protected than authors. This situation knows many justifications, although all but one have been dismissed by the literature: performers are simply less creative than authors. As a result, the legal protection covering their work has been proportionally reduced compared to that of their authorial peers. This thesis investigates this phenomenon that it calls the 'author-performer divide'. It uncovers the culturally-rooted principles and legal reasoning that policy-makers and judges of Australia, France, the United Kingdom and the United States have developed to create in the legal narrative a hierarchy between authors and performers. It reveals that those intellectual property systems, though continuously reformed, still contain outdated conceptions of creativity based on the belief in ex nihilo creation and over-intellectualised representations of the creative process. Those two precepts combined have led legal discourse to portray performers as their authors' puppets, thus underserving of authorship themselves. This thesis reviews arguments raised against improving the performers' regime to challenge the preconception of performers as uncreative agents and questions the divide it supports. To this end, it seeks to update the representations of creativity currently conveyed in the law by drawing on the findings of other academic disciplines such as creativity research, performance theories as well as music, theatre and dance studies. This comparative inter-disciplinary study aims to move current legal debates on performers' rights away from the recurring themes and repeated arguments in the scholarship such as issues of fixation or of competing claims, all of which have made conversations stagnate. By including disciplines beyond the law, this analysis seeks to advance the legal literature on the question of performers' intellectual property protection and shift thinking about performative forms of creativity.

This dissertation can broadly be summarized as an examination of the construction and maintenance of a specific type of “authentic” American identity through the lens of folk music. Drawing from interpretive perspectives within the sociology of culture and social psychology, social constructionism and symbolic interactionism in particular, I combine ethnographic research with 61 interviews at two different “folk musicians’ festivals” (festivals where attendees, not hired professionals, produce the music). My principal focus at these festivals concerns the various practices and stories surrounding the creation and performance of original folk music. I use the empirical platform of musicians’ festivals, where folk songwriters are plenty, combined with the theoretical synthesis of music and narrative, to examine how such practices and stories shape, and are shaped by, culture, emotion, and identity. Specifically, I am interested in the cultural “work” accomplished by the interrelationships among music and narrative at festivals, around songwriting, and in songs, particularly as such “work” relates to the (re)production and reception of folk and festival culture, participants’ emotional experiences, the construction and maintenance of participants’ personal and collective identities, and the purposeful evocation of social change. In attending to the importance of process and meaning-making, I examine the process through which one accomplishes authenticity as a folk and festival member, the creative process of songwriting, and the process through which listeners experience and interpret “good songs.” I offer the concepts (and processes) of songwriting as inquiry and songwriting in action to account for how these interrelationships “work” for songwriters and listeners, but also for sociologists, particularly in terms of including the (mostly neglected) lived and embodied dimensions of emotional experience. Throughout, I explore how stories and practices in and around the process of musical production and performance are largely influenced by broader cultural narratives that circulate in and around folk music culture, particularly as they relate to the notion of “authentic identity” through emotionality, creativity, and social justice.

In writing/trauma, I address the association of trauma with knowledge, language, and writing. My discussion first works to establish the relationship between trauma and knowledge. I argue that trauma does not fit into the traditional Enlightenment model of scientific knowledge or the ontological model of what Michele Foucault calls the ‘truth-event.’ Rather, I contend that trauma is unique embodied knowledge, different from that of praxis and normal memory. In general, embodied knowledge is a matter of prenoetic and intentional operations. The body schema and body image maintain a power of plasticity and adjust to new motilities in order to re-establish an equilibrium when disrupted or threatened. In line with this, embodiment involves a sense of temporality, agency, and subjectivity. But in the case of extreme disruption, such as trauma, these fundamental aspects of embodiment are compromised to the point that there is a corruption of the “embodied feeling of being alive.” Physical pain, to some extent, produces this phenomenon. However, the distinctive function of the repetition compulsion within trauma distinguishes it as an exceptional embodied experience unlike physical pain or analogous phenomena. In the case of trauma, an equilibrium is not maintained, similar to the ontology of the accident. Instead, at best, we can say that what takes place is a destructive plasticity, in which the individual is transformed to the point of being a whole new ontological subject. This phenomenon of destructive plasticity is significant in establishing the relationship of language to trauma-knowledge as trauma is the precise point at which language is ruptured. That is to say, purported within psychanalytic discourse, traumatic experience is observed in a break within the symbolic order. As opposed to physical pain, then, trauma is more akin to the abject, sharing the same resistance to narrative language. Traumatic experience is expressed through semiotic compulsions in the body as a revolt of being. In light of this, I argue that trauma, rather than being treated as a pathology, is a specific embodied knowledge which can be captured in semiotic, poetic language. Moreover, fragmentary writing, the interface of fragmented knowledge and language, captures the disruptive force of traumatic experience. In conclusion, I assert that writing-trauma is valuable, not because it allows for a ‘working through’ of the traumatic experience, but because it is an expression of a distinctly human experience. My work canvases nineteenth century to contemporary literature on trauma such as Bessel van der Kolk in the neurobiological discipline, literary critics including Cathy Caruth, Dori Laub, Dominick LaCapra, et al, and the psychoanalytic theorists Sigmund Freud and Jacques Lacan. I draw from such literature to analyze the ambiguous impossible-possibility of witnessing and giving testimony of traumatic experience in history and writing, as well as the concern with trauma and language specific to the repetition compulsion and the unconscious. Yet, my primary focus is on the contribution of philosophy to the ongoing discourse of trauma. I look to philosophical thinkers such as Michele Foucault and Friedrich Nietzsche to depict the types of epistemological models traditionally addressed within the history of philosophy. My analysis of phenomenology and embodiment is mainly informed by the works of Maurice Merleau-Ponty and Shaun Gallagher. Additionally, Catharine Malabou’s work on destructive plasticity provides an understanding of the ontology of the accident, one of the most critical pieces to my work. Additionally, the works of Elaine Scarry and Julia Kristeva help to disclose the intimate relationship between language and trauma. I also incorporate the work of Gloria Anzalúa along with Julia Kristeva to describe the multi-dimensionality of poetic language and how this is what allows for an articulation of embodied trauma-knowledge. Finally, Maurice Blanchot’s depiction of the disaster and fragmentary writing best captures writing-trauma as it is, like trauma, a process of fragmenting language and meaning. My purpose is to make clear the value of poetic language and fragmentary writing in regard to knowing and writing trauma. The significance to philosophy is that my discussion bridges the phenomenological and epistemological perspectives with that of the literary in order to engage in philosophical discussion on the implications and value of traumatic experience for understanding the human condition. It is my observation that the more we experience trauma, the more valuable artistic expression becomes, and the more we are pressed within the philosophical tradition to account for an experience so many individuals suffer.

This thesis is centred on a group of initiated donso hunters in Burkina Faso. It proposes an ecological approach to their knowledge to make sense of the presence of donso hunters across a diversity of languages, ethnic groups and ecological transformations. I suggest that the knowledge of donso hunters is made of a set of specific relationships with their environment, which differentiate them from other villagers and from uninitiated hunters. Central to my approach is the assumption that knowledge is not just a set of notions but is enacted in an ecological system that encompasses a non- dualistic individual and his environment - in its human and non-human aspects. This way donsoya encompasses procedural and propositional knowledge, materiality and meaning, enskilment and initiatory knowledge. I have looked at all these dimensions through the lens of apprenticeship, as a focal interest and as a methodological device, through my own initiation and practice of hunting. The film Kalanda - The Knowledge of the Bush, which accompanies and constitutes part of this thesis, is an audiovisual counterpart to the dissertation. It narrates the apprenticeship providing an overview of the multifaceted knowledge of donsoya, in a collaborative work that involved the filmmaker in the role of student and the hunters in the roles of teachers. I recommend watching the film before approaching the written text.

“The Perfect Body” is a dominant narrative in western culture which we are exposed to on a daily basis in the media and advertising. Individuals who have been physically traumatised may find difficulty in reclaiming their bodies after a traumatic experience, leading to a narrative of “Disownment” of their bodies. Due to the high incidence of traumatic incidents in South Africa, the accompanying load on the trauma therapy field, and new findings into the ineffectiveness of many current therapeutic methods, new methods for working with Trauma are being sought. Re-telling of traumatic experiences has led to re-traumatisation and aggravated symptoms of Post Traumatic Stress Disorder. Body psychotherapy methods have tried to address the physiological nature of the symptoms and the implicit memory of trauma by grounding the therapy process in embodied techniques. Body Mapping is a new technique that falls both within the narrative therapy and art therapy approaches. Documented application of Body Mapping with traumatised individuals is not available. This study focuses on the experiences of Body Mapping of two men who were incarcerated and tortured for their political activities during Apartheid. The research was done from a Narrative perspective which privileges the individual story as subject of research. No attempt was made to find a representative population or a sample that could be generalised. The research question is “how do physically traumatised individuals make sense of physical trauma through their experience of Body Mapping?” Unstructured interviews were conducted after the Body Mapping group and were transcribed. Narratives about their experience and the cultural and historical factors that may have played a role in the construction of these narratives, were identified. Participant one narrated his experience of Body Mapping as a time and place of Togetherness, Stock-taking and Freedom of expression. Participant two narrated his experience of Body Mapping as a time and place of Ambivalence, Revelation and Release, Journey and Achievement. Findings are relevant to therapists working with physically traumatised individuals and recommendations for further research in the method are indicated. / Dissertation (MA (Counselling Psychology))--University of Pretoria, 2007. / Psychology / MA / unrestricted

The musical performer’s embodied experience is an aspect of the performing process that has yet to be adequately considered in music scholarship. The embodied experience is relegated to the realm of the inaccessible and subjective, rather than being considered a valuable source of information for both the music analyst and performer. This thesis contends that the performing body can provide deep insights into musical meaning and can act as a resource for developing musical understanding. The sensations and experiences of the performer’s body during the process of creating music can lead to the recognition of important moments and fundamental meanings within a musical work. Engaging with scholarly literature from a variety of disciplines, this thesis will explore the classical singer’s embodied experience from the three primary perspectives of phenomenology, ecological perceptual theory and body communication theory. Each perspective is explored in and through a comparative listening analysis of Luciano Berio’s work for solo voice Sequenza III per voce femminile (1966) in order to illuminate specific aspects of the singer’s embodied experience. This embodied approach to musical analysis considers the singer’s body as a contributor to not only the production of sound but also to the creation of musical meaning, and can thus offer rich insights into that which is discovered through traditional analysis.

Studies on health and incarceration have extensively demonstrated that incarcerated women have poorer health statuses than non-incarcerated women and than incarcerated men, both as a result of confinement and of the intersection of abuse, poverty, homelessness and addiction that are simultaneously pathways to criminalisation and to poor health. Without denying the reality of disease, physical and mental suffering experienced by women in prison, this thesis conceptualizes the “problem of health in prison” by framing it as a vehicle of and effect of power relations. By studying neoliberal rationalities and technologies that constitute health, poststructuralist scholars have demonstrated how neoliberal subjects are enticed to continuously pursue health and to adhere to the imperative to be healthy. Demonstrating the intersection of neoliberal health governance and penal governance, criminologists have shown how prisons produce the subject of a healthy prisoner, who is a self-regulated woman, freely working towards her rehabilitation. Rather than studying programs, public policies and archives, this thesis innovates by examining the experiences and narratives of the subjects who are being governed and enticed to be “healthy.” Specifically, my research provides a contextualized analysis of how women negotiate and manage their health during incarceration and upon their release from prison. The first article focuses on tensions between this work’s conceptual framework and its methodology, i.e. participatory action research. An emerging literature has been building bridges between poststructuralism and participatory action research, highlighting the latter’s potential for transformative action. Using examples from participatory action research projects with incarcerated or previously incarcerated women, the article discusses how “participation” and “action” can be redefined by using a poststructuralist definition of subjectivity. The second article tackles the issue of how women “do” health in prison. Using three issues—access to health care services, smoking, and the management of body weight—the article explores how participants adopted different embodied subjectivities, which conflicted or aligned with neoliberal governmentality. It describes how, through failure to conform to neoliberal ideals of “health,” mechanisms of self-surveillance and self-regulation are relayed by feelings of guilt, shame, and anxiety, even when incarcerated women attempt to conform to imperatives to be healthy. Finally, the last article focuses on how, upon prison release, participants attempted to “undo” the imprint of penal governance on their bodies and health. Through the exploration of corporal practices, such as taking care of one’s appearance, the use of psychoactive medications, and defecating, the article shows how women attempt to “undo” prison in order to pursue health. Though these two articles focus on different periods of participants’ lives and rely on different yet related concepts—embodied subjectivities and corporal practices—the common thread between the two is to show the attempts by participants to “undo” prison from their embodied selves, and to “do” health as incited by the ethical imperatives to be healthy. The thesis concludes with a discussion about the pursuit of health, and its effects on the populations deemed as “at risk” and “unhealthy.”

Through assessing Bourdieu’s concepts of habitus and field, this research project examines how re-sistance can be understood as an embodied experience. Six resistors are asked in semi-structured and dia-logic interviews how they experience resistance to oppression of various forms including patriarchy, co-lonialism, cisheteronormativity, and capitalism. Three main themes emerge from these interviews and in-clude: the construction of a resistant habitus, the occurrence of solidarity through which resistant habitus may mobilize, and the possibility of transforming oppressive fields such as patriarchy into fields of femi-nist resistance. Through instances of increased awareness of one’s social struggle, developments of mo-bile solidarity, and the occupation of oppressive fields in the name of social change, this project posits that habitus are capable of enacting change upon the field. / Graduate

An important part of the recent growth in scholarship on meter focuses on reconstructing 18th-century listening practices. Danuta Mirka (2009) studies contemporary accounts of meter in theory treatises to build a model of 18th-century metric listening, while Stefan Love (2016) takes a corpus studies approach, arguing that surveying repertoire provides a more accurate view of meter than 18th-century theorists. But despite the known debt that much 18th-century art music owes to dance and dance music, Mirka and Love only briefly mention dance. In touching so lightly on dance, these and other authors overlook the more fundamental connection between meter and movement. In this paper I examine late 18th-century French contredanses and their music to propose a model of contemporary metric hearing that unites literal and musical motion. There are three features of the contredanse and dancing in general that support their relevance to 18th-century metric experience. First is the contredanse’s role in society—recent writers on 18th-century music often present the minuet as the premier dance of the century, but though it remained the most aristocratic dance, by the middle of the century it had been surpassed in popularity by the contredanse. Second, contredanses involved multiple dancers moving simultaneously, and music helped them coordinate their movements. As a result, hypermetrical schemas matching hypermeasures with dance moves could develop. Finally, the experience of moving in time with musical meter likely had a positive effect on dancers’ ability to find meter in music in general.

Magister Artium - MA / This mini-thesis thesis intends to grapple with silences by looking the possibilities of reconceptualising archives through notions of “traces,” “absence,” and “fragments.” Examining archives as bodies of knowledge, a window to telling us something about pastpresent- future representations is to think about navigating archives of colonialism and slavery as sites of historical memory. The aim of this paper is to enter the pedagogical problem of remembering and gendered representational voids by seeking to explore how artistic representations offer insights in the absence of detail in the colonial archives. In exploring the relationship between bodies, remembering and the historical trauma of slavery and colonialisation, specifically in relation to historical corporeal and flesh narratives attached to indigenous black women, and how women negotiate these meanings through embodied interventions in (post-) slavery South Africa. The positioning of the body as an archive probes questions on how the memory of traumatic wounding in a (post-)slavery South Africa body politics are inscribed to convey meaning, memory and identity. The notions of embodiment that this thesis is concerned with asks in what ways can we creatively and imaginatively re-construct, outside of conventional historiographies and knowledge(s), that which has been disembowled through colonial dominating narratives of enslaved subjects?