The essay seeks to harness the diverse and innovative work to date of legal semiotics. It seeks to bring together the cumulative research traditions of these related areas as a preclusion to identifying fertile avenues for research.

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)

Stasis is a process of classical rhetoric that identifies the core issue in a trial or a similar debate. Hermagoras of Temnos included the first comprehensive analysis of stasis in his second-century BCE treatise on rhetoric, now lost. Modern scholars tend to echo George Kennedy, who maintains that Hermagoras’ inspiration for the hierarchical structure of stasis is indeterminate. This article, however, employs scholarship in legal semiotics, including the work of Miklós Könczöl and Bernard S. Jackson, to argue that (...) Hermagoras based stasiastic structure on Aristotle’s first-figure syllogism. Ideally, knowledge of that structure can enhance modern applications of stasis. (shrink)

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.

This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics, providing a thorough understanding of how the law works through signs and symbols. Demonstrating that the law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse. Bringing together leading international experts, this Research Handbook focuses on the material, everyday forms of law comprised by non-verbal legal semiotics. Contributors conduct culturally nuanced semiotic analyses (...) of the modern world, covering topics from COVID-19, religion, and human rights, to comic books and music. Chapters consider the foundations of semiotics, as well as the philosophy of law, identifying the cross-cultural similarities in how legal semiotics and visual legal semiotics intersect. Ultimately, the Research Handbook demonstrates that the law is in a state of perpetual flux, with many unique dimensions only made visible by semiotic analysis. The Research Handbook on Legal Semiotics will be an invaluable resource for students and scholars of law, jurisprudence, legal culture, linguistics, and semiotics. It will also be an important guide for legal practitioners seeking to better understand the nuances of the legal system. (shrink)

The aim of the 2008 Roundtable was to focus on the progress to date in the many facets—methodological, epistemological and conceptual—of the field of legal semiotics, specifically the contribution of different schools and forms of semiotics as well as emerging and emergent semiotics approaches which can be used in researching and interpreting law and legal phenomena. The participants sought primarily to engage with the epistemological and methodological challenges which the field currently faces and to discuss (...) the implications of these. (shrink)

Does Duncan Kennedy successfully cannibalize jurisprudence? He attempts to do it by demonstrating the inexistence of rightness in legal argumentation. If there is no right legal argument, then there is no right answer in adjudication, adjudication is not a rational enterprise and legal doctrine cannot be said to be a science. It can be shown that skepticism is self-defeating. Duncan Kennedy can avoid self defeat only because he actually believes in a lot of legal arguments. His (...) thesis that judges decide questions of policy without any methodology that distinguishes them from legislators does not hold. Judicial reasoning is subject to constraints that do not affect legislators. It must be based on the sources of law and is limited by rules of procedure. Even when the judges have ‘interstitial’ legislative powers they are, unlike the legislator, bound to fit the system and their decisions are considered in procedure from the perspective of the right answer doctrine. The only work that can convincingly refute the skeptic argument against legal science is the reconstruction of jurisprudence as a scientific enterprise. Such work is beyond the scope of any single paper. The article aims to give some inspirations for such a task. (shrink)

The International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in 1996 was a landmark case because, for the first time in history, the legal aspect of nuclear weapons was addressed. The decision has evoked controversies regarding the Court’s conclusion, the legal status of international humanitarian law in relation to nuclear weapons, and a newly introduced concept of state survival. While much legal scholarship discusses and criticizes the legal (...) significance of the opinion, there has not been enough scholarship examining the Court’s specific choice of words and concepts that sustain its wider ideological and political position in the opinion. The paper argues that the Court’s vague and controversial logic is attributed to its confrontation with two international orders/codes: the legal order and the political order. The paper engages in legal semiotics as methodology to decode legal text and discover a deep structure that sustains networks of codes, according to which text is interpreted. Through the semiotic examination of three sets of key concepts “permitted” and “prohibited,” “threat of use” and “possession of the weapon,” and “state survival,” the paper shows the ICJ’s confrontation with two orders/codes and eventual prioritization of the political order over the international legal order. The analysis of the opinion based on legal semiotics indicates an intimate and inseparable relationship between state practice and international law, which must be disentangled for the sake of the rule of law. (shrink)

The use of facial recognition systems in concerts provides a perfect pretext to semiotically discuss the role of the face in contemporary culture, identifying different strategies and axiologies (systems of values). In his visionary essay Bruits (“noises”) from 1977, the French thinker Jacques Attali establishes a close connection between music and power and locates it in the site of the collective unfolding of music: the concert hall. Following this hint, the article reconstructs the current debate on facial recognition systems in (...) the music business, with a particular focus on concerts and festivals. The different positions (of musicians, authorities, and professionals) are outlined (some are openly in favor, others openly against), key moments are identified (Beyoncé’s concert in Cardiff, 2017; Jacky Cheung’s in Nanchang, 2018; Taylor Swift’s at the Rose Bowl in Pasadena, 2018; the “banfacialrecognition.com” campaign launched in 2019; the case of Barbara Hart at Brandi Carlile’s show at the Madison Square Garden, 2022) and, finally, the issue is framed within the broader debate about the face as an indexical marker of presence, identity, and humanity (the contrast between Italian philosopher Giorgio Agamben and American sociologist and design theorist Benjamin Bratton is addressed). (shrink)

The paper explores the semiotic and legal semiotic perspectives related to posthumous digital face. In doing so, the contribution also seeks to explore the complex relationship between AI-generated faces, including deep fakes, mourning, and posthumous rights. The article has five parts. In the introduction, we discuss the challenges of _posthumous existence_ and the issues related to respecting the deceased. We also examine some examples of ‘digital personhood’. In part two, we present three case studies and use semiotics to (...) help us distinguish between _posthumous existence_ and _digital resurrection_. In part three, we provide a semiotic classification of representation in the context of digital faces and our case studies. We suggest that there is a difference between the _phenomenological presence_ of a hologram and the _cognitive value_ of recreating someone’s identity, including their biography, face, and voice. In part four, we explore the topic of digital spectra and mourning, including the concept of _imputability_. In part five, we analyse how the law offers new insights into the ontology of the face of the deceased and posthumous existence in hologram form. In the conclusion, we summarise the article’s key findings and highlight open issues and potential future developments. (shrink)

Although legal terms are conventionally considered to have self-referential, self-closed meaning independent of context, a legal term only acquires its meaning within a given context. As long as the context varies, the meaning of the same legal term as a signifier may change correspondingly. Based on case studies by applying semiotics, we argue that a legal term is just a sign within its sign system; a legal term as an individual sign does not have (...) any inherent meaning, and its meaning can only exist in the relationship with other signs or sign systems. In other words, a legal term only denotes in a particular temporal and spatial context. Through this study, we conclude four propositions about a legal term as a sign: first, the connection of a legal term with a legal concept is relatively arbitrary; second, the meaning of a legal term exists in a sign system; third, a legal term can be subject to multiple interpretations; fourth, the defining of a legal term may be affected by other sign systems. (shrink)

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 engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson. It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson’s work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet (...) the story of her work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson’s hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson’s position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars. (shrink)

Kevelson remains an important figure in legal semiotics, a co-founder, along with Bernard Jackson, of the International Roundtable for the Semiotics of Law, and of course a valuable and seminal commentator on Peirce in the legal domain. This paper will examine her claim, that through his collaboration with and influence on Oliver Holmes, Peirce should be regarded as a foundational figure in a history of legal realism and modern jurisprudence, and that a legal semiotic (...) can be identified in and not only extrapolated from his seminal writings. This paper will contend that the relationship between Peirce and Holmes should be seen as perplexed and disputatious, rather than close and directly influential, as Kevelson argues. However, regardless of its limitations, Kevelson’s historical inquiry helps provide the ground for a contemporary and historical account of the full picture of a Peircean based legal semiotic and jurisprudence. (shrink)

This research examines the implementation and judicial response to Uzbekistan's new domestic violence laws enacted in 2023. Through an exploration of the semiotics of these laws, we uncover the nuanced portrayal of victim as "wife" instead of "human," reflecting a societal prioritization of family dynamics over individual rights. Through this analytical lens, we examine how domestic violence laws, as legal transplants, are interpreted by the judicial system. We highlight their translation into people’s behavior, judicial traditions, and the struggling (...) with socio-cultural norms. The findings from both quantitative and qualitative research contribute to understanding effectiveness and improving practices to achieve justice for victims. We investigated how new domestic violence laws are applied in the judicial system and the challenges victims face in seeking justice. The research highlights the necessity and effectiveness of laws while revealing socio-cultural resistance within the judicial system, such as holding victims accountable in domestic violence cases. The judicial response to domestic violence cases often favors restorative justice mechanisms, emphasizing reconciliation and lenient penalties. Notably, 61% of criminal cases conclude with reconciliation. Despite the impossibility of reconciliation in administrative cases, courts resort to the concept of "insignificance" of the violation, terminating cases on this basis in 28% of instances. However, the absence of reconciliation significantly diminishes the effectiveness of laws, depriving victims of restitution and the ability to influence the perpetrator's behavior. In the era of restorative justice application, rising questions emerge regarding its effectiveness, particularly due to socio-cultural pressure on victims and their unequal negotiation opportunities. (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)

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 article aims to provide a semiotic interpretation of the sign of the Ecclesiastical Court within the legal framework from temporal and spatial perspectives. The starting point of the research is the idea that the history of the Russian Ecclesiastical Court is inextricably linked to the history of Russian society and secular court. Consideration of the pre-revolutionary ecclesiastical and secular law helps us explore principles of the ecclesiastical proceedings and organization, identify contradictions in understanding modern Ecclesiastical Court. Its sign (...) is not only limited to the legal interpretation. In his novel The Brothers Karamazov, Dostoevsky F. M. gave the sign of the Ecclesiastical Court symbolic meaning and, thus, expanded it beyond the existing legal framework. The Ecclesiastical Court is one of the symbols of Russian spirituality which is reflected in the concept of “Russian soul”. Rational elements of the sign of Ecclesiastical Court as well as its sensual and metaphorical components, are analyzed using the category of Truth. Clearly, the Cross is sign-symbol for Christianity. But if applied to the concept of Ecclesiastical Court, the Orthodox Cross becomes a sign-index. As a result, several semantically heterogeneous meanings of the sign of Ecclesiastical Court are revealed and described. (shrink)

This paper presents a specific concept of the legal system, bringing a contribution to the Theory of Law, from the line of analysis of the Semiotics of Law. The entire methodological approach of this concept is based on the contributions of the École de Paris, from a theoretical-semiotic perspective derived from the studies of Algirdas Julien Greimas. The analysis seeks to further and qualify previous studies and publications, and focuses on the task of presenting the concept of juridicity, (...) deriving the description of the concept of the legal system from it, understood as a set of connections between legal texts. Consequently, the paper presents a Mesh Model for the description of the legal system, replacing the positivist concept of the Pyramid Model, through restoring the relationship between Law and Moral, between Law and Society and Law and Justice. Throughout the theoretical explanation, the paper tries to trace, develop and qualify the main points with arguments that distinguish the operation of the legal system, such as the concentric movement, micro-universes of meaning, discursive practices, the task of legal actors, dynamic inter-textuality, the role of interpretation, the process of the production of legal meaning and the search for textual justice. (shrink)

The jurisprudent Jack M. Balkin introduced the analogy of memes as a semiotic device for understanding the law. His notion of cultural software into which this device was inserted is developed first, followed by a development of memetic analysis and its several semiotic dimensions. After a brief treatment of the position of ideology in view of memetic analysis, and the corresponding notion of transcendence, Balkin’s explicitly semiotic setting for this doctrine is displayed. This method is then briefly applied to the (...) civilian doctrine of patrimony, to supplement Balkin’s application of it to common law institutions. (shrink)

The paper analyzes the sacred foundations of Western institutional order, moving from an epistemological, historical and legal–aesthetic perspective. Firstly, it identifies an epistemological theory of complexity which, pursuing Hayek’s theory of complexity, Robilant’s notion of informative–normative systems, Popper’s theory of the Worlds, and Dupuy’s theory of endogenous fixed point, will conclusively lead to presenting the hypothesis of World 0 as the World of the foundation of legal thinking, the home of the sacred and the aesthetic. Secondly, it identifies (...) the axiological character of the legal aesthetic as a discipline, a topic that will be taken up in relation to the work of the French historian of canonical law and psychoanalyst Legendre, starting from the analysis of a legal/historiographical context (Corpus Iuris Civilis, Corpus Iuris Canonici, Hobbesian Leviathan, Kelsenian Grundnorm). Thirdly, following Ellul’s thought on secularization, the idea that we now live in a secularized, lay society, lacking in the sacred is revealed as a sort of illusion, the creation of a myth of modernity, only apparently rational. Finally the paper proposes as the task of legal theory the identification of the system of “nomograms” in which the normative message is organized, according to a nonreductionistic approach that forces legal theory to recognize the plurality of the iconic forms of the normative message. The “nomograms” respond to the need of extending the field of legal science to phenomena that the positivist theory of law does not consider important, but which the process of evolution of contemporary society imposes. (shrink)

This paper explores the role and impact of advertising in the French urban planning on citizens’ perception with a close examination of the implications and connections between citizens and outdoor advertising. Significant changes in quantity and form of outdoor advertising have been defined under French regulations. Our knowledge is now mass mediated in public spaces. More and more visible and gargantuan advertising signs surround and even invade our environment for strict commercial benefits. The ‘invasion’ of commercial signs can be compared (...) to a visual pollution affecting our perception, autonomy in thinking and health depending on the part of the population being considered. (shrink)

While the turn to vulnerability in law responds to a recurrent critique by feminist scholars on the disembodiment of legal personhood, this article suggests that the mobilization of vulnerability in the criminal courts does not necessarily offer female drug mules a direct path to justice. Through an analysis of sentencing appeals of female drug mules in England and Wales, this article presents a feminist critique of the dispositif of the person and its relation to vulnerability. Discourses on drug mules’ (...) vulnerability mobilize the trope of the colonial victim in need of protection, which is often translated into legal mercy. But mercy is rather an expression of biopower which inscribes not only fragility onto the bodies of drug mules by figuring them as exemplar paradigms of colonial subjectivity, but also reinvigorates the dispositif of gender implicit in the legal person. In this set-up, it would appear as if law and politics totalize the registers of life, in this case the contours of vulnerable body. The article suggests we must revisit the image of the wounded body in order to carve out a space for resistance. Drawing on Elaine Scarry and Judith Butler, it suggests vulnerable bodies are marked by a semiotic openness, which renders them subject to appropriation but also able to signify the precarity produced by the law through their resistance to representation. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 383-397.

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. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in (...) class='Hi'>Legal Significs at the Amsterdam University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. (...) In what follows, I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

The issue of reciprocal relationships between the logic of law, positivistic theory of the logic of law, and legal semiotics is among the most important questionsof the modern theoretical jurisprudence. This paper has not attempted to provide any comprehensive account of the modern jurisprudence (and legal logic).Instead, the emphasis has been laid on those aspects of positivist legal theories, logical studies of law and legal semiotics that allow tracing the common pointsor the differences between (...) these paradigms of legal research. One of the theses of the present work is that, at the comparative methodological level, the limits oflegal semiotics and its object of inquiry could only be defined in relation to legal positivism and logical studies of law. This paper also argues for a proper positionfor legal semiotics in between legal positivism and legal logic. The differences between legal positivism, legal logic and legal semiotics are best captured in theissue of referent. (shrink)

The issue of reciprocal relationships between the logic of law, positivistic theory of the logic of law, and legal semiotics is among the most important questionsof the modern theoretical jurisprudence. This paper has not attempted to provide any comprehensive account of the modern jurisprudence (and legal logic).Instead, the emphasis has been laid on those aspects of positivist legal theories, logical studies of law and legal semiotics that allow tracing the common pointsor the differences between (...) these paradigms of legal research. One of the theses of the present work is that, at the comparative methodological level, the limits oflegal semiotics and its object of inquiry could only be defined in relation to legal positivism and logical studies of law. This paper also argues for a proper positionfor legal semiotics in between legal positivism and legal logic. The differences between legal positivism, legal logic and legal semiotics are best captured in theissue of referent. (shrink)

Since the Reformation and Enlightenment, the Western world has witnessed the incremental decline of religious influence. Yet, key legal protections and duties incumbent on civilians and state actors in both avowedly secular states and ruling theocracies, predominantly Islamic, are to a lesser or greater extent determined by religious values. Although it is often claimed that the modern secular state encourages the adoption of liberal values and allows for the formulation of general law according to the free will of its (...) people, the historical legacy of law and particularly its synthesis with the Judeo-Christian heritage is apparent. In the UK, the continuing centrality of religion in what purports to be a secular system of laws, is demonstrated by the introduction of elements of Sharia law. In an increasingly culturally-diverse society, the recognition of Islamic law may be interpreted as the tacit acknowledgement of the existing inherent faith influences which continue to inform many legal innovations, and represents an explicit attempt to rebalance the privileging of one set of precepts above another. It is suggested that religion continues to occupy a central position in lawmaking; performing a cultural, political, institutional and, importantly, symbolic role and this is evidenced for instance by the narratives which are imposed on individuals in relation to areas of topical significance such as matrimony, terminal illness, abortion, gender and sexual morality. This paper argues against those pronouncements of the retreat of religion in state affairs and, rather, reveals a set of key structural relations and signifiers which are informed by opinions redolent of, not least of all, a peculiar generic proscriptive religiosity. (shrink)

The article discusses the characterization of the visualization of visible reality in Crime and Punishment by Fyodor Dostoyevsky. The author suggests that semiotic and legal analysis should be used to understand the meaning of the color code of the novel. Semiotic discourse reduces the ambiguity, uncertainty, and expression of the color code to a conscious, discrete, and conditioned meaning of individual colors. Legal analysis helps to better understand the main idea and other aspects of the novel, encoded in (...) colors. Psychological, personal associations, and symbolic methods are used to reveal direct and indirect meaning of the colors used by Dostoyevsky. The basic characterization of colors proposed by Goethe is employed as a key for color decoding. The article also establishes the correlation of the color code of the novel with the colors of the flags of the Russian Empire and the German Confederation. The message and meaning of the same colors of these national flags are contrasted. The interpretation is complemented by the author’s drawings, which enable to visualize the color code that stores and transmits information about national identity. (shrink)

This paper provides a brief explanation and illustration of the phenomenon of semiotics. It then describes the conceptual tools of semiotics and how lawyers can use semiotics in law to create compelling arguments. Last, the paper applies the tools of semiotics to the Pennsylvania Supreme Court case Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2008), to reveal the shift in social context that made the lines of legal reasoning behind the outcome appear “self-evident.”.

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 (...) class='Hi'>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 European Stability Mechanism is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much (...) anticipated rulings in legal challenges to the legal provisions establishing the ESM, courts avoided upsetting the complex arrangements in question by producing legal decision of direct political import and letting EU bailout measures go forward. In looking over different critical responses, we have seen an argument raised by media and legal scholars, according to which courts’ capitulation before the power of financial markets in the EMS rulings represents “a sign of judicial crisis” that marks the weakness of modern European jurisprudence. In light of their importance, we undertake a preliminary semiotic analysis of the ESM rulings of the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Our analysis aims at discerning the crucial aspects of those rulings is performed on the basis of different semiotic methodologies combined with the refined ideas of the Scandinavian analytical school of the doctrinal study of law. In traditional legal studies there seems to be a taken for granted assumption that there is one analytical way to dissect judicial reasoning of the supreme courts. This paper argues that the manner of analyzing the constitutional reasoning needs to be congruent with the particular research methodology. (shrink)

Fake news is created as ordinary news stylistically but it consists of deliberate disinformation or hoaxes. The text is generally constructed to cause negative emotions and feelings in readers: fear, panic, distrust, and paranoia. It is done to manipulate the opinion and consciousness of a large number of people and eventually leads to changes in the values, ideas and attitudes that already exist in the public awareness. The result is a schism that has already gone beyond the usual spiritual strife. (...) Moreover, its expansion has weakened the defining feature of Russian Orthodoxy which lies in trust and support of the state and authorities. The Russian Orthodox Church has to deal not only with public health crisis but also with profound differences within its ranks over the churchgoers’ behavior in the conditions of a pandemic. The article analyzes legal regulations and mechanisms for countering fake news about the Russian Orthodox Church, and provides examples from the judicial practice. It also determines the mechanisms of the worshippers’ reaction to the fake news involving the Russian Orthodox Church. Using semiotic methodology, the author reveals re-encoding of the symbolic meaning of such signs as “Russian Orthodox cross” and “red cross”. The connotative meaning of these signs leads to contradictions in the conditions of the COVID-19 pandemic. (shrink)

Developed from a one-day symposium at the University of Tilburg, this collection of papers explores the semiotic foundations of legislation as viewed from jurisprudential, institutional and sociological perspectives. They pose such questions as: the audience of legislation; the relations between legislative and judicial discourse; the contributions of speech act theory; the effectiveness of legislation and its meaning in non-legal discourse; and the creation of a supra-national form of constitutional discourse, that of Europe.

Genre has been a critical issue in discourse analysis as well as in other disciplines. Based on a literature review of the concept of genre and taking judgments as one type of genre in legal settings, the present study provides a corpus-based insight into the nature of genre. The literature review per se reveals that genre has one typical feature of a sign, that is, being subject to multiple and alternative interpretations; in other words, genre as a sign may (...) have various interpretants. The present study unravels the actual generic structures, distinguishes different types of generic structures within the given genre, and then defines the dominant generic structure of judgments in Hong Kong, Taiwan, and Mainland China. This study also examines and contrasts the generic structure potential of judgments in each jurisdiction. In addition, the variation of Mainland China's judgments over time is briefly discussed. Comparing the generic structures of judgments among the three jurisdictions, as well as the structures of judgments in Mainland China over time, the paper argues that genre also has the essential features of a sign, that is, the characteristics of temporality and spatiality. (shrink)

Social distance, as a non-static cognitive attribute of acceptance among particular groups across different contexts, has been resemioticized during the coronavirus crisis and legalized worldwide to reduce global strain on healthcare systems and prevent deaths. Concerning this, brand designers have tried to persuade the brand community to benefit from products or services safely by staying away from others as much as possible instead of in-person contact. This research was conducted to discover the semiosis process of social-distancing resemioticization through creating values (...) of brands during the post-coronavirus crisis. The corpus consists of 124 brands – all sampled purposely from 2019 to 2021 – which was investigated via a mixture of qualitative and quantitative methods using an integrated model in a functional perspective. All the results highlight the fact that, although brand designers have attempted to creatively resemioticize social-distancing during the coronavirus crisis as a means of increasing or enriching brand values, still some semiosis layers of brand discourse have been overlooked. Pertaining to this, the authors try to apply a new perspective of marketing semiotics to appraise consumer investments in light of a socio-cultural setting by conducting an inquiry about the semiosis of individual brand discourses to manage consumer perceptions regarding brand equity. (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)