Νóμοι a confronto. L’apporto della scienza comparatistica all’interpretazione giuridica e musicale

Andrea Borroni e Giovanna Carugno

Abstract


This paper deals with the interpretation in the music and legal field,
trying to point out the similarities and divergences between the two disciplines.
At the beginning, there will be treated the traditional hermeneutist
methods shared by both the jurists and the musicians (i.e. the literal and
teleological interpretation); then, it will be examined the comparative methodology,
as elaborated by the legal science, and how this technique could
be applied also in musical domain. The microcomparison and the formants
theory can be functional tools to bypass the strict literal interpretative adherence
to the text and its suboptimal implications (filling the gaps if a lacuna
is at stake, for example), allowing some more creative, innovative, and
evolutive solutions to adapt the legal provisions and the musical scores to
the context in which they have to be applied or performed.


Keywords


Comparative Law, Interpretation, Legal Formants, Music.

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Registrazione presso il Tribunale di Napoli n. 37 del 05/07/2012