‘법과 예술’의 법이론적 기여 - 문화예술법제 연구관점 구축을 위한 시론 -

Culture & Art represent aesthetic values such as beauty or the sublime, and are involved in the arrangement and division within the community through the creation of immediate qualitative elements. However, if these aspects are not fully considered and art is limited to the result of art work, Culture & Art will be approached with a result-oriented approach. In case that such an approach becomes extreme, it will cause harm in reducing art to one of the commodities of the Culture & Art industry, and ignore the importance of actors participating in the process. At the same time, if the cultural and artistic legal system is not linked to the outcome of the ‘Law & Arts’ theory, the cultural and artistic domains are identified only as objects to be accepted from the point of view of the law, and the relationship between the two is oversimplified. This article aims to clarify the interface between law and art. To this end, the concept of art centered on action rather than the result is considered, and the point where the production of law by humans meets the ancient concept of art is reconfirmed. This article aims to establish the legal and juridical nature of the Culture & Art legislation by using it. In these contexts, the theoretical link between the ‘Law & Arts’ theory and the Culture & Art legal system will be established. Through these analyses, we could, (ⅰ) theoretically secure a connection point where the qualitative elements of the community created by culture and art converge and create again into law, (ⅱ) reaffirm an essential element of the traditional position that the law should be uplifted by the liberal arts, and (ⅲ) find the A theoretical possibility to approach the academic character of law compared to the field of Culture & Art from the point of view of “integrated art”.