Law, Music, Statutory Interpretation, and Schubert

Authors

Norman P. Ho

Abstract

The law and humanities field has been dominated by law and literature. Legal scholars have, for example, analogized judges to literary authors and have tried to show how the study of literature and law can enrich both subjects. Law and music, however, has received relatively less attention. This Article argues, on its most macroscopic level, that the relationship between law and music is very close, just like the close relationship between law and literature. Previous scholarly literature in the law and music field has spoken about the affinities between law and music, but mostly on a general level and with more emphasis on the law side rather than the music side. This Article contributes to the existing literature and to this more macroscopic argument by utilizing actual musical examples to illustrate the affinities specifically between statutory interpretation and musical interpretation. In particular, in contrast to existing scholarship in the area, which haslargely ignored pertinent musical examples, this Article selects andexamines a musical example which arguably is more pertinent andanalogous to statutory interpretation issues when a judge is confronted with unclear or ambiguous statutory language, i.e., the musical exampleof the interpretive controversies over composer Franz Schubert’s (1797– 1828) Symphony No. 9 “The Great” (D. 944) due to Schubert’s ambiguous handwriting in the original musical score. This Article takes the reader step-by-step through this musical example, pointing out the affinities and similarities between law and music on a more granular level. The Article concludes with some provocative remarks, arguing that perhaps law and music have an even closer and more pertinent relationship than law and literature. We should accept that lawyers and musicians do not think in radically different ways when confronted with an ambiguous statute or an ambiguous music score.

Recommended Citation

Ho, Norman P. (2025) "Law, Music, Statutory Interpretation, and Schubert," Hofstra Law Review: Vol. 53: Iss. 3, Article 2.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol53/iss3/2