In this text musical and legal interpretation are compared, in the context of the wider cultural movement of law and hu-manities, with particular attention to the liberty and creativity of the interpreters. With specific reference to the herme-neutics of criminal laws, always through the parallelism between law and music, issues concerning the interpretative doubt and the fundamental norm of favor rei, are analysed, underlining the constant tension between the principle of le-gality; expression of the requirements of the guarantee and the justice of the concrete case, based on the judge's creativ-ity. A hermeneutical diverse approach is suggested: if the interpretation turns towards adverse outcomes for the perpe-trator, the fundamental norm, comparable with Stravinskij's strict idea of musical interpretation, should be more "ster-ile", based on the principle of favor rei, to be considered as a norm of closure based on law's rationality and certainty. On the other hand, when hermeneutics, on the base of superordinate principles, turns towards compatible outcomes with the favor rei, the law's re-creation could open to less rigid, more creative interpretations, like those ones, in Glenn Gould's music

La creatividad de la interpretación

CATERINI, Mario
2015

Abstract

In this text musical and legal interpretation are compared, in the context of the wider cultural movement of law and hu-manities, with particular attention to the liberty and creativity of the interpreters. With specific reference to the herme-neutics of criminal laws, always through the parallelism between law and music, issues concerning the interpretative doubt and the fundamental norm of favor rei, are analysed, underlining the constant tension between the principle of le-gality; expression of the requirements of the guarantee and the justice of the concrete case, based on the judge's creativ-ity. A hermeneutical diverse approach is suggested: if the interpretation turns towards adverse outcomes for the perpe-trator, the fundamental norm, comparable with Stravinskij's strict idea of musical interpretation, should be more "ster-ile", based on the principle of favor rei, to be considered as a norm of closure based on law's rationality and certainty. On the other hand, when hermeneutics, on the base of superordinate principles, turns towards compatible outcomes with the favor rei, the law's re-creation could open to less rigid, more creative interpretations, like those ones, in Glenn Gould's music
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/20.500.11770/139076
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? 1
social impact