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Formalism in Music and Law

Authors: Allan Beever;

Formalism in Music and Law

Abstract

Though apparently dead and buried for decades, formalist approaches to law appear to be gaining ground within the academy. This advance, however, has been strongly resisted by proponents of the alternative, functionalist, view. To many of them, formalism seems open to devastating, and indeed obvious, criticisms. In this article, I argue that these criticisms are without force, as they are based on misunderstandings concerning the formalist project. I demonstrate this by comparison with formalist approaches to another subject matter: music. In that area, too, formalism initially faced considerable challenge, but it survived to become the dominant view. It is submitted that the popular criticisms of formalism examined herein are no barrier to a similar outcome for formalism with respect to law. In that way, this article is intended as a defence and celebration of the path-breaking work of Ernest Weinrib.

Country
Australia
Related Organizations
Keywords

formalism, corrective justice, music, Weinrib, legal theory

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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average
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