his book develops an account of legal reasoning based on underlying narrative patterns, and compares other such approaches in legal philosophy, psychology and history. Download full ToC and Preface from http://www.legaltheory.demon.co.uk/books_lfnc.html.

Later reprinted by Deborah Charles Publications (and not available from Amazon), this book expounds and comments on the application of Greimasian semiotics to a legal text, as found in the article by Greimas and Landowski in Greimas, Sémiotique et Sciences Sociales (1976), compares this with the semiotic presuppositions of Hart, Dworkin, MacCormick and Kelsen, and offers my own analysis of the implications of such semiotic analysis for legal theory, including some more recent radical non-positivist accounts.

This book reviews the classical schools of jurisprudence with particular reference to their linguistic presuppositions, and summarises an alternative account based on Paris school semiotics. Detailed ToC available from linked web page. NOT available from Amazon.

Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). A major section then offers (from (...) a largely Greimasian point of view) some hypotheses for legal semiotics on the Problem of Reference, Semantic and Pragmatic Levels, Semiotic Groups and “The Legal Culture”, Normativity and Justification, and finally considers the implications for particular legal phenomena: the “Legal System”, Legal Institutions, Legal Codes, Legal Rules, Rights, Courtroom Behaviour: Witness and Counsel, The Judge: Justification of Decisions on Law, and the Criminal Justice Process. A conclusion addresses the status of legal semiotics. (shrink)

In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to a (...) theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)

This Special Issue reflects a very special occasion. On 13 January 2012, the Tilburg Law School marked the retirement of Associate Professor Dr. Hanneke van Schooten and the recent publication of her latest book, Jurisprudence and Communication (Liverpool: Deborah Charles Publications, 2011) with a special colloquium, at which Dr. Van Schooten summarised the findings of her book, and four colleagues offered responses to it, three (by Jackson, van Roermund and Witteveen, here developed further). -/- .

This article is partly an exercise in academic autobiography, seeking to make sense of the different ways in which I have applied semiotics to secular law on the one hand, Jewish law on the other. The very fact that it can be applied to both shows that its claims are methodological. But it also indicates a possible reformulation of the semiotic issues in philosophical terms: we may view the relationship between the semantic and pragmatic levels in terms of the relationship/balance (...) between certainty/truth (the semantic level) on the one hand and trust (the pragmatic level) on the other. What may distinguish the secular and religious systems is the manner in the issue of trust is be ideologically concealed. (shrink)

In considering Van Schooten’s study of the Eric O. case (s.1), I ask whether the different approaches taken by the two different “legal institutions”—the prosecuting authorities on the one hand, the courts on the other—are reflective of different images of warfare (a semantic difference) or of the different images each group holds of its own role (a pragmatic difference). If we consider these two “legal institutions” as distinct semiotic groups (s.2), is there an inevitable “communication deficit” between them (and the (...) public)? (shrink)

Review of Lenn Goodman's On Justice (1st 3d.).

After a section of Methodological Preliminaries, I consider Truth and Argumentation in the Jewish Legal Tradition, under the following subheadings: Truth in Judaism, Truth and Norms, Truth and Language, Truth and Logic, Truth and Argumentation. I thus use an external framework in order to pose questions to the Jewish legal tradition, and identify internal resources which may provide partial answers to these questions. But are these partial answers so peculiar, theological, culturally contingent as to lack any value in terms of (...) a potential contribution to these same issues as posed within Western jurisprudence? This may be doubted, given the West’s adoption or construction of the divine right of kings on the one hand and of holistic theories of interpretation on the other, derived from the Bible and later Jewish tradition, mediated and fortified through a Christianised Rome. (shrink)

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

This article reviews the opportunities for legal semiotics to contribute to legal philosophy, legal sociology, the reading of legal texts and the analysis of legal language (with bibliography) and surveys the institutional development of legal semiotics.

Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical implications (...) of this difference are here illustrated both from research on reform of Jewish marriage law and recent developments in the area of law and religion, in the wake of Archbishop Rowan Williams’ advocacy in 2008 of a model of “transformative accommodation”. (shrink)

This account of civil liability for animals in a range of ancient, mediaeval and modern legal systems (based on a series of studies conducted early in my career: (s.1)) uses semiotic analysis to supplement the insights of conventional legal history, thus balancing diachronic and synchronic approaches. It reinforces the conventional historical sensitivity to anachronism in two respects: (1) (logical) inference of underlying values from concrete rules (rather than attending to literary features of the text) manifests cognitive anachronism, an issue manifest (...) in biblical scholarship’s discussion of the stoning of the homicidal ox in Exod. 21:28 (s.2); (2) the application of modern notions of literal (rather than narrative) meaning not only manifests a semiotic anachronism but here also obscures the institutional origins of many of the rules in a system heavily reliant on self-help and informal settlement. (shrink)

In Home Building & Loan Assn. v. Blaisdell, the Supreme Court upheld the constitutionality of the Minnesota Mortgage Moratorium Act. Under the terms of the Act---one of the many pieces of moratory legislation enacted due to the Great Depression---mortgagors who found themselves unable to make their payments could turn to the state courts for an alteration of their payment schedule. It is clear that if there ever was a state of affairs in which one could justify the imposition of debtor (...) relief, the circumstances in Minnesota during the early 1930s would have filled the bill. By most accounts, the Act was justifiable from a policy perspective. ;Nevertheless, the outcome did not please everyone. The question before the Court was whether the proceedings authorized by the Act violated the contracts clause of the Constitution. Article 1, §10 provides that "No State...pass any...law impairing the Obligation of Contracts." The Act did impair the obligation of mortgage contracts. Furthermore, the Act was exactly the kind of debtor relief legislation that the contracts clause meant to forbid. The basic premise underlying the majority opinion was that a constitutional provision should be interpreted both in the context of the entire Constitution and in the context of the social situation confronting the Court. According to the dissent, the framing of the Constitution fixed the meaning of a provision for all cases arising across time. The two approaches represent two extremes in constitutional interpretation. However, the basic agreement is over how the Constitution should evolve. The basic disagreement concerns the problem of constitutional change. ;In a recent work, Robert Lipkin radically rethinks modern constitutional jurisprudence, challenging the received view of constitutional change. His theory of "constitutional revolutions" implies that conventionalism, coherentism, pragmatism, and naturalism all fall short as the best theory of constitutional change. In addition to offering a critique of Lipkin's theory, the present work conducts an independent investigation the theories Lipkin rejects. Such an investigation will not only help ascertain the legitimacy of Lipkin's theory of constitutional revolutions in particular, but of radical constitutional change in general. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Dialogic and the Aesthetic:Some Reflections on Theatre as a Learning MediumAnthony Jackson (bio)A Doll's House will be as flat as ditchwater when A Midsummer Night's Dream will still be as fresh as paint; but it will have done more work in the world; and that is enough for the highest genius, which is always intensely utilitarian.— George Bernard Shaw, "The Problem Play"1People have tried for centuries (...) to use drama to change people's lives, to influence, to comment, to express themselves. It doesn't work. It might be nice if it worked, but it doesn't. The only thing dramatic form is good for is telling a story.—David Mamet, A Whore's Profession2These two assertions, some 100 years apart, were of course meant to be contentious—but they do point to one of the recurring questions about the role that theatrical art plays in modern Western culture and nicely encapsulate the contrasting claims made by practitioners and critics alike for the "work in the world" that drama can do. On the one hand, it is argued that what is conventionally thought of as great dramatic art—while it may be imaginatively rich, aesthetically compelling, and "timeless" in its appeal—will not achieve the social impact that plays such as A Doll's House have done. Such plays have a different function. They can be directly useful to us in the "real world" beyond the theatre walls, perhaps capable of influencing that world or at least influencing the way we think about and operate in the world—but they may not, consequently, have much shelf life. A Doll's House, of course, obstinately refuses to leave both shelf and stage but in this respect may be an exception that proves the rule; the vast majority of "interventionist" dramas rarely outlive their historical moment. (A play such as Spirochete, a [End Page 104] living newspaper written in 1938 in Chicago with the aim of heightening public awareness of the widespread—but barely discussed—problem of syphilis and of the cures available, undoubtedly did much effective work in the world but remains of and for its time.3 )On the other hand, playwright David Mamet casts buckets of cold water over the whole notion of "useful" dramatic art. Let us not delude ourselves, he argues, into thinking drama is good for anything else than telling a story—the value of good dramatic storytelling is important enough as it is. It serves the art form—and possibly those we wish to influence—badly if we insist on trying to change the world using drama as our lever. A genuine work of art, it is often said, cannot be didactic or "instrumental." The novel, play, or poem that sets out to convey information or to preach a message risks surrendering those very qualities we usually value in art—complexity, multilayered meanings, richness of imagination. Jonathan Levy, in his A Theatre of the Imagination, argues that "the impulse to create theatre for children is the impulse to give a gift, without strings. It is this impulse... we should... call upon when we find ourselves in the theatre tempted to teach."4 Further, "when art is used to teach, either the teaching or the art must suffer."5 The implication is clearly that teaching and dramatic art make awkward bedfellows. It has to be one or the other, not both. The late, much missed, Lowell Swortzell took a not dissimilar line in his provocative essay on theatre-in-education, "Trying to like TIE,"6 and many practitioners of children's and young people's theatre have likewise resisted having their work categorized as educational or in any way curriculum driven. The work must have its own justification, as art, as storytelling, offering young people an experience that may complement but that is fundamentally different from anything else they get in school. Even Augusto Boal has at times appeared to reinforce the dichotomy. Arguing for a theatre that can serve the immediate needs of the marginalized, the oppressed, and the disadvantaged, he has negotiated a challenging and productive path through the artistic and socially responsive implications of... (shrink)

‘Artwork as technics’ opens discussion on activating aesthetics in educational contexts by arguing that we require some fundamental revision in understanding relations between aesthetics and technology in contexts where education is primarily encountered instrumentally and technologically. The paper addresses this through the writing of the French theorist of technology, Bernard Stiegler, as well as extending Stiegler’s own discussion on the work of Martin Heidegger concerning the work of art and technology. Crucial to this discussion is recognition of the thinking (...) of the late eighteenth-century German poet, Friedrich Hölderlin, on the work of Heidegger. The paper questions whether such recognition also extends crucial aspects of Stiegler’s own thinking. (shrink)

We provide a suitable theoretical foundation for the notion of the quantum coherent state which describes the electrostatic field due to a static external macroscopic charge distribution introduced by the author in 1998 and use it to rederive the formulae obtained in 1998 for the inner product of a pair of such states. (We also correct an incorrect factor of 4π\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$4\pi$$\end{document} in some of those formulae.) Contrary to what one might expect, (...) this inner product is usually non-zero whenever the total charges of the two charge distributions are equal, even if the charge distributions themselves are different. We actually display two different frameworks that lead to the same inner-product formulae, in the second of which Gauss’s law only holds in expectation value. We propose an experiment capable of ruling out the latter framework. We then address the problem of finding a product picture for QED—i.e. a reformulation in which it has a total Hamiltonian, arising as a sum of a free electromagnetic Hamiltonian, a free charged-matter Hamiltonian and an interaction term, acting on a Hilbert space which is a subspace (the physical subspace) of the full tensor product of a charged-matter Hilbert space and an electromagnetic-field Hilbert space. (The traditional Coulomb gauge formulation of QED isn’t a product picture in this sense because, in it, the longitudinal part of the electric field is a function of the charged matter operators.) Motivated by the first framework for our coherent-state construction, we find such a product picture and exhibit its equivalence with Coulomb gauge QED both for a charged Dirac field and also for a system of non-relativistic charged balls. For each of these systems, in all states in the physical subspace (including the vacuum in the case of the Dirac field) the charged matter is entangled with longitudinal photons and Gauss’s law holds as an operator equation; albeit the electric field operator (and therefore also the full Hamiltonian) while self-adjoint on the physical subspace, fails to be self-adjoint on the full tensor-product Hilbert space. The inner products of our electrostatic coherent states and the product picture for QED are relevant as analogues to quantities that play a rôle in the author’s matter-gravity entanglement hypothesis. Also, the product picture provides a temporal gauge quantization of QED which appears to be free from the difficulties which plagued previous approaches to temporal-gauge quantization. (shrink)

I outline some of my work and results on my matter-gravity entanglement hypothesis, according to which the entropy of a closed quantum gravitational system is equal to the system’s matter-gravity entanglement entropy. The main arguments presented are: that this hypothesis is capable of resolving what I call the second-law puzzle, i.e. the puzzle as to how the entropy increase of a closed system can be reconciled with the asssumption of unitary time-evolution; that the black hole information loss puzzle may be (...) regarded as a special case of this second law puzzle and that therefore the same resolution applies to it; that the black hole thermal atmosphere puzzle can be resolved by adopting a radically different-from-usual description of quantum black hole equilibrium states, according to which they are total pure states, entangled between matter and gravity in such a way that the partial states of matter and gravity are each approximately thermal equilibrium states ; that the Susskind–Horowitz–Polchinski string-theoretic understanding of black hole entropy as the logarithm of the degeneracy of a long string cannot be quite correct but should be replaced by a modified understanding according to which it is the entanglement entropy between a long string and its stringy atmosphere, when in a total pure equilibrium state in a suitable box, which ) goes over, at strong-coupling, to a black hole in equilibrium with its thermal atmosphere. The modified understanding in is based on a general result, which I also describe, which concerns the likely state of a quantum system when it is weakly coupled to an energy-bath and the total state is a random pure state with a given energy. This result generalizes Goldstein et al.’s ‘canonical typicality’ result to systems which are not necessarily small. (shrink)

Time is analyzed as being those processes by which a system notes the processes which comprise its own existence. The directionality of time is given by the concepts, past, present, and future. To understand the meaning of these concepts, a set of experiments was carried out with four male subjects in which areas of time were expanded or ablated by means of post-hypnotic suggestions. These operations were carried out singly or in combination. The data suggest that the present is primarily (...) associated with stimulus input, the past with the criteria for defining that input as well as the development of response inhibitions and the future with the directionality of that input. Marked personality changes which range from the occurence of catatonic-like states to obsessive types of reaction and manic-like reactions are associated with different combinations of time alterations. Some of the changes are in accord with the serialist position on time of J. W. Dunne. The concept of death is very important both with regard to one’s view of time and how one lives. While it is important to live in the present, the present has no meaning without at least a past or a future. Implications of these findings for psychopathology in general and schizophrenia in particular are considered. (shrink)

The replicative bypass of lesions in DNA and the induction of mutations by agents which react with DNA to produce damaged bases can be understood on the basis of a simple kinetic model. Bypass can be analyzed by separately considering three processes: (a) addition of a base opposite a lesion, (b) a proofreading excision process, and (c) a rate limiting elongation step. Adenine nucleotides are preferentially added opposite many lesions making it possible to predict mutational specificity. Replicative bypass (translesion synthesis) (...) is dependent on modulation of proofreading exonuclease activity but loss of exonuclease activity alone is not sufficient to ensure bypass. Frameshift mutation is the result of the failure of translesion synthesis accompanied by rearrangement of the template, particularly at repetitive sites. (shrink)

The technology of undersea communications, from stranded-wire telegraph cables in the 1850s to fiber-optic cables at the end of the twentieth century, and its social, political, and economic impact. By the end of the twentieth century, fiber-optic technology had made possible a worldwide communications system of breathtaking speed and capacity. This amazing network is the latest evolution of communications technologies that began with undersea telegraph cables in the 1850s and continued with coaxial telephone cables a hundred years later. Communications under (...) the Seas traces the development of these technologies and assesses their social, economic, and political effects. If we cannot predict the ultimate consequences of today's wired world--its impact on economic markets, free expression, and war and peace--or the outcome of the conflict between wired and wireless technology, we can examine how similar issues have been dealt with in the past. The expert contributors to this volume do just that, discussing technical developments in undersea cables, management of the cables by private and public interests, and the impact on military and political activities. Chapters cover such topics as the daring group of nineteenth-century entrepreneurs who wove a network of copper wires around the world ; the opening of the telegraphic network to general public use; the government- and industry-forced merger of wireless and cable companies in Britain; and the impact of the cable network on diplomacy during the two world wars. (shrink)