The use of musical metaphor is a recurrent theme in the history of political thought, but it also shows up in jurisprudence, where in recent years it has been coming into increasingly frequent use, taking on a particularly prominent role in Law and the Humanities. This article analyses the nexus between harmony and dissonance as a metaphor for the relation between system and complexity, monism and pluralism, and inclusion and exclusion in connection with legal discourse, or between law and 'non-law'. Ultimately, the goal is to have a better understanding of the relation between social complexity and legal regulation, and the question, in that regard, is whether the intelligence of the musical arts can prove useful to the intelligence of the legal arts.
The Deception of Cadence: Toward a Dissonant Law
MITTICA, MARIA PAOLA
2013
Abstract
The use of musical metaphor is a recurrent theme in the history of political thought, but it also shows up in jurisprudence, where in recent years it has been coming into increasingly frequent use, taking on a particularly prominent role in Law and the Humanities. This article analyses the nexus between harmony and dissonance as a metaphor for the relation between system and complexity, monism and pluralism, and inclusion and exclusion in connection with legal discourse, or between law and 'non-law'. Ultimately, the goal is to have a better understanding of the relation between social complexity and legal regulation, and the question, in that regard, is whether the intelligence of the musical arts can prove useful to the intelligence of the legal arts.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
