‘Of Constitutions and Concertos’

Kevin Toh, Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation, in Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy (Lisa Crawford, Patrick Emerton, and Dale Smith, eds, 2018), available at SSRN. Kevin Toh’s ‘Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation’ offers a fresh and lucid discussion of the relationship between constitutional interpretation and musical performance. Toh is by no means the first scholar to have observed the connection between the two pursuits: Jerome Frank, Richard Posner, Sanford Levinson and Jack Balkin, and others have noted and analyzed the shared nature of the challenges that judges and musicians confront. But Toh’s article, written in honor of the Australian philosopher Jeff Goldsworthy, offers a welcome contribution to this intriguing line of inquiry, mining the music-law analogy for rich and revealing insights about the values of authenticity and fidelity as they apply to both of these interpretive endeavors … (more)

[Michael B Coenen, JOTWELL, 19 December]

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