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.
Νóμοι a confronto. L’apporto della scienza comparatistica all’interpretazione giuridica e musicale
borroni
2018
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.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
