Diritto e improvvisazione. Cenni comparativi ed esercizi di demistificazione

Building on the comparison between law and music, this chapter explores improvisation as a key to understanding law. It first stipulates a definition of improvisation, then examines the linguistic substratum shared by law and music and the relevance of an improvisational "cryptotype" between tradition and language (ars non scripta, lex non scripta). Finally, it compares the customary conventions governing the jazz repertoire of standards, where authoritative recorded interpretations may become binding, as with Charlie Parker's version of All the Things You Are, to stare decisis in the common law. Law emerges as a living, collaborative and creative social practice.