Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve (...) for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility. (shrink)

According to Peirce, the value of the idea of freedom arises only to oppose the idea of necessity. Freedom emerges as a working value, a primary esthetic principle, in response to that which is perceived as fixed, determined, necessary, absolute. The idea of Freedom materializes, assumes a million appearances, wears its ten million masks......Freedom as the Freedom-to-Focus is a Peircean esthetic process that becomes realized through the three stages of Fragment/Fractal, Fact, Form. This triadic process corresponds to the semiotic functions (...) of Icon, Index, Symbol. Freedom's course is nonlineal, self-corrective, dynamic, open: Freedom is the occasion for Chaos, and Chaos is the locus of Form. (shrink)

In all disciplines there are specifiable basic concepts, our universes of discourse, which define special areas of inquiry. Semiotics is that 'science of sciences' which inquires into all processes of inquiry, and which seeks to discover methods of inquiry. Peirce held that semiotics was to be the method of methods. An account of semiotic method should distinguish between the way the term 'sign' is used in semiotics and the various ways this term was meant in nearly all the traditional disciplines. (...) In this monograph Roberta Kevelson minutely explores Charles S. Peirce's method of methods. (shrink)

This book is the first radical approach to Peirce's Pragmatism. It goes to the root of Peirce's own concept of Pragmatism as the method from which is derived Semiotics or the Theory of Signs. It relies on Peirce's writings, that is, primary sources in the unpublished manuscripts rather than the secondary material of writings about Peirce. From various perspectives the book explores the process how ideas, that is, sign-systems, evolve and become increasingly complex. Peirce's cosmology is introduced together with his (...) special understanding of himself as an Idealist. (shrink)

The late (1931-98) Kevelson (philosophy, College of William and Mary) drew from the unpublished manuscripts of American semiotician Charles S. Peirce (1839-1914) to explore how he conceived of the evolution of thought from instinct and imagination as expressed in myth, to ideas that are exchangeable units of meaning. Her study characterizes his cosmology as open-ended, non-finite, and self-organizing.

The Law uses the terms, Action and Agency in several, significant ways which connect them with modern semiotic theory. In Law one of the main contexts for the idea of Acts is in Speech Acts which have become a major aspect of the philosophy of Language in the twentieth century; to Peirce, as the -father- of modern Semiotics, all thought is action, and thought has meaning to the extent that it has consequences in the world. Agency in law is inseparable (...) from the idea of a Legal Actor, and refers to powers which are conferred by a Principal upon a representator to a Third Party. Legal Agents are mediators in law as signs are mediators of interpreted meaning in semiotic theory and semiotic processes. This collection of papers is a transcultural and transdisciplinary project in law and semiotics by distinguished scholars.". (shrink)

"Codes and Customs: Millennial Perspectives" is a multifaceted collection of essays which trace the development of selected topics, such as: Justice, Punishment, Marketplace, Worldmaking, Contract, Illegality vs Legality, Ritual, Cooperation in Community, Codification in Italian Law, Jewish Law, and Legal Cultures. These topics are comprehensively developed in the subsequent books of this series, but here the various ideas that have evolved over the past thousand years are interrelated. In addition to the several ideas that are to be the focal topics (...) of future volumes, several related concepts, including the possibility of law/environment, enhance th book's richness. (shrink)

This book explores from selected semioticians' international and cross-cultural viewpoints, the changing concepts of custom and community. The idea of the 'primitive' as a complex social system is explored in the context of recent studies of comparative law. The range of focus is from Lockean majority-rule to aboriginal self-determination, and includes a new look at waning ideologies such as the -old- feminism, Critical Legal Studies, and postmodernisms. Pragmatism is reinterpreted and reviewed with fresh eyes.".

Peirce defines the legal expression proximale cause and effect as an “obscure term like most of the terms of Aristotelianism.” He says that students of law and logic should be shocked by thc practicc of justifying the payment of damages in law by reference to a “term in Aristotelian logic or metaphysics.” That such practice does occur underscores and “illustrates the value of PRAGMATISM.” Peirce reminds usthat in English law the term “witness” does not mean a person who testifies to (...) his own experience, “but to facts which he knows by the immediate testimony of others” .Practical law, Peirce suggests, results from persons whose knowledge of the facts of experience are formed in dialogue with others whose experience confirms their own. The dialogue is immediate; the knowledge is mediated through signs. From the viewpoint of Peirce’s pragmatism which he sees as an integral part of his semiotic Methodology or Speculative Rhetoric this paper will assurne that there are distinct types of legal cultures and that each may be regarded as a method of inquiry for the purpose of realizing social values. The relation between Laws and Societies-systems of legalities and legitimacies-will be regarded as culture-specific modes of dialectic. I propose here that Peirce’s Methodology-his method of methods-may account for the way that “patterns of conceptual change retlect the presuppositional structures of conceptual systems” . Within the framework of a semiotics of law I will be looking at various ways the idea of the Legal System has been interpreted. (shrink)

Peirce defines the legal expression proximale cause and effect as an “obscure term like most of the terms of Aristotelianism.” He says that students of law and logic should be shocked by thc practicc of justifying the payment of damages in law by reference to a “term in Aristotelian logic or metaphysics.” That such practice does occur underscores and “illustrates the value of PRAGMATISM.” Peirce reminds usthat in English law the term “witness” does not mean a person who testifies to (...) his own experience, “but to facts which he knows by the immediate testimony of others” .Practical law, Peirce suggests, results from persons whose knowledge of the facts of experience are formed in dialogue with others whose experience confirms their own. The dialogue is immediate; the knowledge is mediated through signs. From the viewpoint of Peirce’s pragmatism which he sees as an integral part of his semiotic Methodology or Speculative Rhetoric this paper will assurne that there are distinct types of legal cultures and that each may be regarded as a method of inquiry for the purpose of realizing social values. The relation between Laws and Societies-systems of legalities and legitimacies-will be regarded as culture-specific modes of dialectic. I propose here that Peirce’s Methodology-his method of methods-may account for the way that “patterns of conceptual change retlect the presuppositional structures of conceptual systems” . Within the framework of a semiotics of law I will be looking at various ways the idea of the Legal System has been interpreted. (shrink)

The author analyses the role of dissent and anarchic thinking in modern legal culture. Such notions traditionally convey opposition to established authority and are essential for all free and open societies. In fact, the right to dissent and practising anarchic beliefs exist insofar as a true right of confrontation is guaranteed by the legal system. In this perpective, the author suggests some correspondences between dialogic thinking, that Peirce says allows all ideas to grow semiotically, and the development of the role (...) of dissent in the legal culture. Generally speaking, the question concerns the well‐known Peircean dichotomy between chance/spontaneity and lawfulness. This thesis is exemplified in detail looking at the history of US law, at its outset the direct consequence of a legal counter‐cultural movement against British common law. Moreover, the possibility of dissent is written into the United States constitution. At least three modes of dissent are built into American law as legal counter activities: (1) voices of nondominant religions, (2) dissent within the legal system, e.g., dialogue among and within the courts, (3) challenging the legal system sanctioned by the right to civil disobedience and by other forms of reaction against an oppressive government. (shrink)

The Sixth International Round Table on Law and Semiotics, sponsored and organized by "The Center for Semiotic Research in Law, Government and Economics," convened April 29, 30, May 1, 2, 1992, at Penn State-Berks. Under the general topic, "Flux, Complexity, Illusion," special sessions on the following topics resulted in this wide-ranging collection of papers: Legal Semiotics Theory; Law and Literature; Law and Economics: Intertexts in Legal Semiotics; Codification, Custom and Legal Norms. These papers represent interdisciplinary inquiry that explores the assumptions (...) that a) law is a complex sign-system which dialogically interacts with other social organizations; b) law is an indeterminate and open-ended concept in both theory and practice that contributes to the process of creating and affirming social values; and c) all sign-systems are self-correcting and self-directing. (shrink)

The newcomer to semiotics is the primary intended reader of this book. Each of the authors of the various branches of semiotics open this perspective to all who want to know about semiotics, as well as to those who want to add to their knowledge of semiotics. The topics cover the major areas of semiotics and the human sciences: linguistics, theater, psychology, religion, anthropology, history, law, graphics, music, media, poetics, architecture, and a capsule overview of Charles Sander Peirce. The individual (...) essays develop each specialist's approach to semiotics, with full bibliography for follow-through. The introductory chapter points out the unifying themes that tie the special topics together. (shrink)

The pluralistic and interdisciplinary nature of semiotics has never been more pronounced than it is in our assembly of scholars approaching the idea of Law and Aesthetics in their respective fashions. Nevertheless, despite vastly different cultural influences and different referent systems of law, and despite those barriers at the modern university which impede dialogue across disciplines and certainly across colleges, and which seem to regard individual human beings from atomistic perspectives, there are so many cross-references to link our contributors into (...) a community that the problem is in deciding which theses are to be most emphasized. This is a time for a fanning out, for expansion, for a free walking of the ground of a new idea...The idea of a Legal Aesthetics needs to begin to grow and to differentiate itself. As is the case of all semiotic processes, Legal Aesthetics is, also, a self-regulating and self-organizing and self-generating system, or idea. It is a wonder to simply be able to observe the growth of an idea called legal semiotics. It is such a wonder that Peirce would have loved to have lived into our time to see, to share, to investigate. This branching off of legal semiotics into Law and Aesthetics is, in a sense, a new graft and the start of a new hybrid. (shrink)

However, it became apparent shortly after the establishing of the Center that not only were all methods of legal semiotics not Peircean in origin, but were in their respective foundational assumptions not likely to be compatible with Peirce's semiotics without some radical, transforming development of the idea, 'legal semiotics'. It was clear that if one would intend to be faithful to Peircean semiotics then holding a fixed notion of what an idea of Peircean semiotics of law means would be a (...) violation of the spirit of Peirce's thought; this above all emphasizes the growth and development of initiative ideas and also the stricture that all leading principles must be subject to revision. Even the idea of Peircean semiotics, as leading principle, must itself be an open idea, the meaning of which must be transformable through the process of defining it. A metasemiotics view of a semiotics of law must leave open the possibility for revision of the leading principle of the term, "legal semiotics. " Therefore, if legal semiotics is an idea which accumulates and evolves its meaning in the very process of self-examination, then a process of investigating law investigates itself as well in any semiotic process of inquiry. It became apparent that the most appropriate contribution the Center could make to the area of a Peirce an semiotics would be to act as a sponsor, an inclusive rather than exclusive agent for inquiry of all kinds into the general topic of law and semiotics. (shrink)

The human sciences, says Foucault, are those inquiries about 'man' as the two-faced one. The 'object and knower of knowledge, ' refers to 'man' whose heads look in and out rather than left and right at past and future. Although Foucault is primarily concerned with relations of abstract power rather than human interpersonal relations, the idea of the human sciences - the 'immature sciences' - do provide an intellectual position recast as a target to hit against. A legal system which (...) interprets and represents the value of freedom can do so only if it grows out of the free reciprocity of communicative exchange between free people. Here law functions as a link and as a pivot between possible and ideal, between physical and metaphysical. This volume of the papers presented at the Fifth Round Table on Law and Semiotics is, as is all of Legal semiotics, an investigatory tool: a discovery of legal meaning, and a means of discovery, i.e., a way of producing such evidence that may be further evaluated in judgments of Law's acts and transactions with other sign-systems in the whole sphere of social organization. (shrink)

The fact that Peirce names Royce as that thinker in whom Idealism and his own Pragmatic Critical Common-sensism come together into a new complex thought system or a new semiotic method of inquiry, is rarely commented upon. Still less often do we find links connecting Peirce with Bosanquet, or the latter’s “world of all sorts” and Peirce’s “pluralism.” Charles Morris is exceptional in his connecting of Bosanquet and Peirce in his 1932 study, Six Theories of Mind. This paper will, in (...) the main, provide extrapolations from Morris at this juncture, and from thence: 1) look at the thought of Bosanquet and Peirce separately, and 2) attempt to bring them together again in a new perspective. (shrink)

This book examines Space, as Time and Motion, as a complex, evolving topic, from the special perspective of modern semiotics. The distinguished community of scholars explore concepts of locus, boundary, grounding, borders, sites, and cultural surrounds as aspects of the idea of semiotic space. This collection is international and transdisciplinary in range and insight. A common theme which binds these viewpoints into a cohesive text is Law with respect to that Space called human affairs.

Does the law act for or against «the people»? Who are «the people»? This collection of essays by philosophers, historians, legal scholars, and others examines these questions in historical perspective; in law and literature; in contemporary, advanced, and developing societies; and with respect to gender and economics. What «the law» does and ought to represent is viewed semiotically as a problem admitting of no definitive answer.