By Jan M. Broekman
This booklet current a constitution for realizing and exploring the semiotic personality of legislations and legislations structures. Cultivating a deep figuring out for the ways that legal professionals make meaning—the approach during which they assist make the realm and are made, in flip through the area they convey —can offer a foundation for consciously carrying out the paintings of the legislation and within the creation of which means. The booklet first introduces the reader to the assumption of semiotics usually and criminal semiotics particularly, in addition to to the key actors and shapers of the sphere, and to the guts of the problem: indicators. the second one half reports the improvement of the traces of pondering that jointly now outline semiotics, with cognizance being paid to the pragmatics, psychology and language of criminal semiotics. a 3rd half examines the hyperlink among criminal concept and semiotics, the perform of legislations, the serious felony reports circulate within the united states, the semiotics of politics and structuralism. The final a part of the e-book ties the several strands of felony semiotics jointly, and heavily seems at semiotics within the lawyer’s toolkit—such as: textual content, identify and which means.
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Additional info for Lawyers Making Meaning: The Semiotics of Law in Legal Education II
The latter is particularly important for law, because the unity of a legal system relates to the problem of reference. The thesis about unity claims that a legal system fits to law and its language/expressiveness, and functions as a structured discourse of a nationstate, including all manifestations of an ideological nature. Such a system embraces the paradigm called legal positivism and is the basis for safe acts of reference. Are all lawyers positivists when they perform their legal task? 19 Positivism, thus understood, would deny the differences between the multiple types of signs in law, and such denial functions when one considers legal discourse as constructed in accordance with means of (formal) logic—an issue Peirce, Husserl and others, lawyers as well as philosophers, have been wrestling with.
421) There is an important issue involved in these lines. It pertains to one of the major considerations that characterize Peirce’s backgrounds when reflecting upon man’s language and his circle or context in a society, which he calls pragmatism. That pragmatism—new in philosophy during the final years of the nineteenth century— is the exclusive foundation for, and privileged method to develop a theory of signs called semiotics, which is for instance in the eyes of Roberta Kevelson a viable means of diagnosing and hence solving international conflicts7 .
Peirce’s words are more precise in his well known and often quoted formulation: A sign, or representamen, is something, which stands to somebody for something in some respect or capacity. It addresses somebody, that is, creates in the mind of that person an equivalent sign, or perhaps a more developed sign. That sign which it creates I call the interpretant of the first sign. The sign stands for something, its object. It stands for that object, not in all respects, but in reference to a sort of idea, which I have sometimes called the ground of the representamen.