摘要
法律有其艺术之维。关于此点,法律与文学运动略有揭示。法律与文学运动揭示了法律本身的文学特征,打开了通向法之美的一扇窗户。西方有学者认为,虽不能断言法律即是艺术,但可有作为艺术的法律。作为艺术的法律,类似于综合艺术:歌剧。还有些学者力图揭示法与音乐的内在关系。也有学者明确断言,司法就是一门艺术,以利益为媒介,以合度为原则。优秀的法官技进于道,即是艺术家。
Law has an artistic dimension. So as to the character attribute of l aw, Law and Literature Movement has already brought it to light preliminarily. L aw and Literature Movement makes the literatural character of law clear and open a window leading to beauty of law. One or two western scholars have stated that although we can’t affirm in a hurry that law is art, we can have law as art. L aw as art is like a kind of comprehensive art: Opera Music Drama (OMD) the schol ars try to disclose the intrinsic relation between law and music. One Chinese th inker affirmed that justice is a form of art which has interest as medium and fi tness as principle. Grasping the mystery and secret of universe and appling them into judicial skill, a great judge then becomes a great artist.
出处
《政治与法律》
CSSCI
北大核心
2005年第2期3-10,共8页
Political Science and Law
