法律与音乐视域下的原意论批判

法律与音乐；法律与文学；解释学；原意论；演奏
As a interdisciplinary study of law, Law-and-Music is based on the relevance of law and music, with distinct theoretical features and unique theoretical advantages. The law and music fields all pay close attention to the practice of interpretation of text. Law-and-Music have established the theoretical framework of “composer-works-performer-audience”,made criticism on the theory of the original intentionalism and the original meaning of the text, and then together pushed forward the theoretical depth of the original intention theory. The theory of originalism from the perspective of Law-and-Music relocates the power relationship in the practice, eliminates the absolute control of a single element, and provides a possibility for a more open, complex and explanatory power theory.Meanwhile, Law-and-Music also provide a new way to understand the general history of the development of the theory of originalism. Law-and-Music can make the two fields get in touch with each other,and achieve the sharings of theoretical resources and achievements.It has an positive influence on the developmen of the interdisciplinary study of law in China.