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Semiotics of Law
Giuditta Bassano
In: Zeitschrift für Semiotik 2022, Volume 44, Issue 3-4: Italian Semiotics II
- Pages
- 123-156
Zeitschrift für Semiotik https://doi.org/10.14464/zsem.v44i3-4.852
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Identifier: https://doi.org/10.14464/zsem.v44i3-4.852
Meaning, Narrativity, and the Real
Jan M. Broekman
- Edition
- 1 edition
Social Springer Cham 9783319281742 Available
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Other title information: The Semiotics of Law in Legal Education IV
Annotation: This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages’, Derrida’s, Von Hofmannsthal’s and Wittgenstein’s explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a word is globally qualified as ‘the basic unit of language’. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing ‘particle story’. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter’s theme: for instance on the meaning of a Judge’s ‘Saying for Law’, on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity.
Identifier: 9783319281742
Status: Available
Semiotic models of legal argumentation
Vadim Verenitš
- Edition
- 1 edition
Social Tartu University Press 9789949325016 Available
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Notes: Articles included: Charles Sanders Peirce, A Mastermind of (Legal) Arguments (2012), On relationships between the logic of law, legal positivism and semiotics of law (2011), The Semiotic Model of Legal Reasoning (2012), The Case of Lauris Kaplinski: A Guide to a Semiotic Reading of Incitement of Hatred in Modern Criminal Justice (2013), The Splendors and MIseries of Constitutional Reasoning in Times of Global Crisis: A Critical look from the Realist Perspectives of Semiotics (2013)
Annotation: The present doctoral dissertation is an exercise in exposition, comparison, criticism and construction, and this is the result of a project conceived ten years ago. We have taken different traditions of legal reasoning, and by juxtaposing them have sought to clarify and assess semiotic presuppositions, in order to outline a theoretical framework of legal semiotics that would help to lay the foundations for semiotic theory of legal argumentation. These semiotic presuppositions have been the object of our study at the University of Tartu since our bachelor's thesis (defended in 2001) and master's thesis (defended in 2006). Our interest in legal semiotics was motivated by a very strong sense of dissatisfaction with the traditional methods and paradigms of contemporary jurisprudence, especially with those ones of legal argumentation. Traditional jurisprudence committed to a model of legal unity, does not for the most part seeks to describe how the views of legal actors interact with the views of other legal actors/participants of legal discourse in real situations of legal communication. Thus, it was the consideration of legal communication as a semiotic activity that caused us to doubt that law could be conceived in terms of traditional legal concepts. Legal semiotics can be regarded as a major advance because it debunks the prevailing assumptions about the nature of legal reasoning and replaces them with what seems a far superior explanation. The main scientific objectives of this dissertation can be briefly formulated as follows: 1) to develop a conceptual framework for practical handling of complex problems of legal argumentation as they occur in the stages of legal communication; 2) to assess issues of compatibility/conflict between existing methods of legal reasoning and our semiotic model of legal reasoning; 3) to bridge the compatible aspects of different theories/models of legal argumentation to establish a generalizable model of legal argumentation.
Identifier: 9789949325016
Status: Available
On relationships between the logic of law, legal positivism and semiotics of law
Vadim Verenich
In: Sign System Studies 2011, Volume 39, Issue 2/4: Tartu Semiotics
- Pages
- 145-196
Sign Systems Studies 10.12697/SSS.2011.39.2-4.06
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Identifier: 10.12697/SSS.2011.39.2-4.06
The Semiotics of Law in Legal Education
edited by Jan M. Broekman | Francis J. Mootz
- Edition
- 1 edition
Social Springer Dordrecht 9789400713406 Available
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Annotation: This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
Identifier: 9789400713406
Status: Available
Prospects of Legal Semiotics
edited by Anne Wagner | Jan Broekman
- Edition
- 1 edition
Social Springer Dordrecht 9789048193424 Available
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Annotation: This book examines the progress to date in the many facets – conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation. This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take. A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences , as well as those who are interested in the interdisciplinary dynamics of law and semiotics.
Identifier: 9789048193424
Status: Available