中国古代判词艺术的形态学分析

《中国古代判词艺术的形态学分析》提出,中国古代判词从语体上可分为语判和书判,从语言形式和风格上可分为骈判、散判和花判,从使用主体上可分为批词和判词、审语和判语。波兰导演基耶斯洛夫斯基在"《十诫》之五.杀人短片"中,对作为宗教戒律的"不可杀人",作了全新的现代阐析,由此也引出一个文艺与法律的关系的问题。法律有它自身的立场,而艺术的叙事也有它特有的逻辑。但它们的终极目标是一致,可以在一定程度上相互补充。这是《"不可杀人"的现代阐析》的基本观点。《论后现代挪用艺术的法律保护困境》则认为,依据版权法"保护表达不保护思想"的二分原则,借用已有作品表达进行再创作的后现代挪用艺术要么被拒之于版权保护的门外,要么深陷侵权的泥潭。然而,从认识论来说思想/表达间并不存在通常认为的明确界限,表达是能指与所指的统一,思想与形式的重合。机械割裂思想/表达,既不利于艺术繁荣,又损害了版权法的发展完善。

The three papers in this subject manifest the three pathes about the 'law and literature'.In 'The morphological analyses of ancient Chinese judge words',the author points out that ancient Chinese judge words can be divided into oral judge words and written judge words in accordance with the language genre.It can be divided into metrical judge words,prose judge words and humor judge words in accordance with the language form and style.It can be divided into notes judge words and decision judge words in accordance with the subject.Polish director Krzysztof Kieslowski made the new modern interpretation and analysis to a religious commandment 'thou shalt not kill' in 'A Short Film About Killing',the fifth section of 'the Ten Commandments',which also leads to a problem of the relationship between the law and literature-art.The law has its own position,while the narrative of art also has its own unique logic.But their ultimate goal is consistent,and can also complement to each other to a certain extent.This is just the basic view of 'The modern interpretation of 'thou shalt not kill ''.The article 'On the Legal Protection Dilemma of Appropriation Art in Postmodernism',says,based on the dichotomy principle of 'protect expressions but not thoughts' in the Copyright Act,the appropriation art in postmodernism which borrows the expressions of existing works to recreate will be either rejected outside of the copyright protection or stuck in the mire of the infringement.However,there is no clear boundary between thought and expression from the perspective of epistemology.Expression is not only the integration of signifier and signified,but also the superposition of thoughts and forms.Lacerating the relationship between thought and expression mechanically will go against to the prosperity of art,and damage the development and perfection of the Copyright Act.