The creativity of interpretation: a comparison between criminal Law and musical art

En este escrito se comparan la interpretación musical y la jurídica, en el ámbito del más amplio movimiento cultural del Law and humanities, mirando en particular a la libertad creativa de sus intérpretes. Con específico referimiento a la hermenéutica y a las normas penales, siempre mediante el paralelismo entre Derecho y música, se examinan las cuestiones atinentes a la duda interpretativa y al canon fundamental del favor rei. Se evidencia además, la constante tensión entre el principio de legalidad, expresión de las exigencias de garantía, y la justicia del caso concreto, fundada sobre la creatividad del juez. Se propone un acercamiento hermenéutico diferenciado: es decir, en caso de que la interpretación se dirija hacia desenlaces desfavorables al autor del hecho, el canon fundamental, comparable a la idea de interpretación musical ‘estricta’ de Stravinsky, debería ser más ‘estéril’, inspirado en el principio del favor rei, que debe ser considerado como una norma de cierre basada en la racionalidad y a la certeza del derecho. En caso inverso, cuando la hermenéutica, en base a principios sobreordenados, se dirige hacia desenlaces compatibles con el favor rei, la re-creación del Derecho pudiera abrirse a interpretaciones menos rígidas, más creativas, como aquellas, en la música, de Glenn Gould.In this text musical and legal interpretation are compared, in the context of the wider cultural movement of law and humanities, with particular attention to the liberty and creativity of the interpreters. With specific reference to the hermeneutics 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 legality; expression of the requirements of the guarantee and the justice of the concrete case, based on the judge’s creativity. A hermeneutical diverse approach is suggested: if the interpretation turns towards adverse outcomes for the perpetrator, the fundamental norm, comparable with Stravinskij’s strict idea of musical interpretation, should be more “sterile”, 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 recreation could open to less rigid, more creative interpretations, like those ones, in Glenn Gould’s music.Law, music, criminal legality, interpretation, creativity, safeguarding the rights of individuals, favor rei

Post-traumatic malunion of the proximal phalanx of the finger. Medium-term results in 24 cases treated by "in situ" osteotomy

We report the clinical and radiographic medium-term results obtained for 20 patients (24 fingers) treated surgically for post-traumatic malunion of the proximal phalanx of the finger. In all cases we performed a corrective osteoclasia or osteotomy at the site of malunion, followed by miniplate and screw fixation or by screw fixation only. The corrective osteoclasia was performed when malalignment was addressed within six weeks after injury. Two patients who had two fractures underwent additional surgery (tenolysis and/or capsulolysis) to improve function and ROM. At the final follow-up, at a mean of 24 months after corrective surgery, good or excellent clinical and radiographic results were obtained in all the patients. The pseudoclaw deformity disappeared in all cases in which a volar angulation deformity was present. An average improvement of about 30% in the range of motion of the MP and PIP joints was observed; only 4 patients complained of mild pain at the maximum degrees of articular excursion of the MP and PIP joints. All the patients presented an improvement in grip strength. The mean DASH score in our series was 5 points. In two of the four cases treated by an intra-articular corrective osteotomy, mild radiographic signs of osteoarthritis at the MP joint were present. The data for this study confirm that "in situ" osteotomy stabilized by miniplates and/or screws is an effective procedure to correct post-traumatic malunions of the proximal phalanges of the fingers

Multiple congenital bilateral trigger digits in a 2-year-old child: case report

Trigger finger is a rare condition in children. In this paper, we report on a 2-year-old boy with multiple congenital bilateral trigger digits. The patient had no history of perinatal trauma, viral or bacterial infections, or metabolic disorders. The patient was treated with physiotherapy for one year. At the one-year follow-up, the boy presented with six trigger fingers (3 on the right hand, 3 on the left hand). Neither thumb was involved. The six trigger fingers were treated surgically: first, the right-hand trigger fingers and, six months later, those of the left hand. After each operation, a 4-week brace in extension was applied to the operated hand. The symptoms were completely resolved after surgical treatment. Many authors have recommended surgical release for the treatment of trigger finger in children; empirical treatment with physiotherapy may be an option when symptoms present or appear at an older age

Pre-contractual Obligations in France and the United States

This thesis compares the pre-contractual obligations in France and the United States. The focus of this study is to analyze how both legal systems deal with these pre-contractual obligations. It focuses on the possibilities given to the parties to protect themselves during the negotiation process. In event of breach of negotiations, the law gives legal remedies to the parties. French and American laws have a different analysis of the problem but they reach similar result: liability under contract law when a contract has been formed or a tentative agreement, or under tort law when no agreement whatsoever has been reached

Moving Towards More Inclusive Definitions of Femicide: Intersectionality and Marginalised Identities

Femicide violence has long been invisible. Drawing on feminist scholarship, this article will discuss existing definitions of femicide that have been key to its recognition as a distinct phenomenon. However, the notion of patriarchy these definitions build upon is not enough to explain the occurrence of such crime causing these definitions to fall into the trap of essentialism. Femicide is the result of multiple intersecting systems of oppression, including race, class, sexuality, disability, and soforth which shape women’s’ experiences in a wide variety of ways. Considering this, the theoretical framework of intersectionality is fundamental to expand definitions of femicide as it recognises that women’s experiences cannot be categorised under the same umbrella, as there exist differences between them. Moreover, because there is a need to move towards more inclusive definitions, such an approach may successfully go beyond the traditional biological sex-based man/woman heteronormative binary. This binary contributes to the marginalisation of identities that are less visible, such as those of transgender women

Telepresença interativa e Telemática: Dançando com a imagem do corpo digital em transmissão em rede

This paper investigates the interactive relationships between physical and digital bodies in a telematic performance and performative installation arrangement, based on both theoretical and practical research. During the development and presentation of a practice-based project, performers’ and spectators’ contribution to the creative process and the fusion of a conscious with an illusionary state were observed and analysed using heuristic research methodology. This research includes an improvement of methods that supports embodiment and communication with and through the live transmitted digital body image, where time, space and gravity are central themes.Este trabalho investiga a relação interativa entre corpos físicos e digitais numa performance telemática e em arranjos de instalação performativa, e baseia-se tanto em pesquisa teórica quanto na prática. Durante o desenvolvimento e a apresentação de um projeto baseado em prática, a contribuição de performers e espectadores para o processo criativo, e a fusão de uma consciência do estado ilusório foram observadas e analisadas por meio de metodologia heurística de pesquisa. Esta pesquisa inclui o desenvolvimento de métodos que dão sustentação à corporeidade e à comunicação com e por meio de uma imagem do corpo transmitida ao vivo, onde tempo, espaço e gravidade são os temas centrais

THE INFLUENCE OF LENGTH CHANGE SPEED AND DIRECTION ON DYNAMIC FUNCTION POTENTIATION IN FAST MOUSE MUSCLE

The purpose of this study was to test the hypothesis that the potentiation of dynamic function was dependent upon both length change speed and direction. Mouse EDL was cycled in vitro (250 C) about optimal length (Lo) with constant peak strain (± 2.5% Lo) at 1.5,3.3 and 6.9 Hz before and after a conditioning stimulus. A single pulse was applied during shortening or lengthening and peak dynamic (concentric or eccentric) forces were assessed at Lo. Stimulation increased peak concentric force at all frequencies (range: 19±1 to 30 ± 2%) but this increase was proportional to shortening speed, as were the related changes to concentric work/power (range: -15 ± 1 to 39 ± 1 %). In contrast, stimulation did not increase eccentric force, work or power at any frequency. Thus, results reveal a unique hysteresis like effect for the potentiation of dynamic output wherein concentric and eccentric forces increase and decrease, respectively, with work cycle frequency

THE INFLUENCE OF LENGTH CHANGE SPEED AND DIRECTION ON DYNAMIC FUNCTION POTENTIATION IN FAST MOUSE MUSCLE

The purpose of this study was to test the hypothesis that the potentiation of dynamic function was dependent upon both length change speed and direction. Mouse EDL was cycled in vitro (25º C) about optimal length (Lo) with constant peak strain (± 2.5% Lo) at 1.5, 3.3 and 6.9 Hz before and after a conditioning stimulus. A single pulse was applied during shortening or lengthening and peak dynamic (concentric or eccentric) forces were assessed at Lo. Stimulation increased peak concentric force at all frequencies (range: 19 ± 1 to 30 ± 2%) but this increase was proportional to shortening speed, as were the related changes to concentric work/power (range: -15 ± 1 to 39 ± 1 %). In contrast, stimulation did not increase eccentric force, work or power at any frequency. Thus, results reveal a unique hysteresis like effect for the potentiation of dynamic output wherein concentric and eccentric forces increase and decrease, respectively, with work cycle frequency

AI under the test of “beyon any reasonable doubt” in interpreting criminal law

The paper illustrates the possibility of using AI not only as an instrument to check the facts in a criminal trial but even to interpret and resolve significantly legal matters. Currently, the “expert systems” developed for this purpose take advantage of the judicial precedents as the basis of knowledge: given that, it is argued that these algorithms in a Constitutional State can not work based on the statistical rule of “more likely than not”, but they should be programmed according to the “political” alternative rule of ‘beyond any reasonable doubt’, which should be extended even to the doubt in interpreting the law. Thus, in the case of opposing judicial precedents, AI systems should suggest the most favorable interpretation for the defendant, and the judge should dissent only by explaining why he does not hold plausible the most favorable judicial precedent.  The paper illustrates the possibility of using AI not only as an instrument to check the facts in a criminal trial but even to interpret and resolve significantly legal matters. Currently, the “expert systems” developed for this purpose take advantage of the judicial precedents as the basis of knowledge: given that, it is argued that these algorithms in a Constitutional State can not work based on the statistical rule of “more likely than not”, but they should be programmed according to the “political” alternative rule of ‘beyond any reasonable doubt’, which should be extended even to the doubt in interpreting the law. Thus, in the case of opposing judicial precedents, AI systems should suggest the most favorable interpretation for the defendant, and the judge should dissent only by explaining why he does not hold plausible the most favorable judicial precedent