«A MODERATE AMOUNT OF CACOPHONY» La funzione “sovversiva” della comparazione tra diritto e musica nel giusrealismo statunitense

Enrico Buono

Abstract


Music and law, both conceived as performing arts, share a common history
of interpretative and improvisational practices, and have been studied
comparatively in terms of their overlapping hermeneutical issues. The rift
between creativity and work-fidelity in the interpretation of law and music
has given rise to the ideologies of the Werktreue in musical performance
and to the judicial doctrine of Original Intent in constitutional and statutory
interpretation. The aim of this essay is to analyse the seminal contributions
that American Legal Realism and one of its leading legal philosophers –
Jerome Frank – have given to the everlasting debate over the role of the
interpreter, through the employment of the musical metaphor. There’s a
“subversive” quality to this interdisciplinary line of research that can, after
more than sixty years, still give us suggestions on the irreducible complexity
of those psychological and social phenomena that affect the everyday
work of the legal interpreter.


Keywords


Law & Humanities, Law & Music, Legal Hermeneutics, Sociology of Law, American Legal Realism.

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