Semiotics And Legislation

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Signs In Law - A Source Book

Author : Jan M. Broekman,Larry Catá Backer
Publisher : Springer
Page : 431 pages
File Size : 40,8 Mb
Release : 2014-11-06
Category : Law
ISBN : 9783319098371

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Signs In Law - A Source Book by Jan M. Broekman,Larry Catá Backer Pdf

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 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.

The Semiotics of Law in Legal Education

Author : Jan M. Broekman,Francis J. Mootz III
Publisher : Springer Science & Business Media
Page : 255 pages
File Size : 48,6 Mb
Release : 2011-07-06
Category : Law
ISBN : 9789400713413

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The Semiotics of Law in Legal Education by Jan M. Broekman,Francis J. Mootz III Pdf

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.

The Law as a System of Signs

Author : Roberta Kevelson
Publisher : Springer Science & Business Media
Page : 325 pages
File Size : 40,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9781461309116

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The Law as a System of Signs by Roberta Kevelson Pdf

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.

Prospects of Legal Semiotics

Author : Anne Wagner,Jan M. Broekman
Publisher : Springer Science & Business Media
Page : 259 pages
File Size : 43,7 Mb
Release : 2010-09-24
Category : Law
ISBN : 9789048193431

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Prospects of Legal Semiotics by Anne Wagner,Jan M. Broekman Pdf

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.

Contemporary Issues of the Semiotics of Law

Author : Anne Wagner,Tracey Summerfield,Farid Samir Benavides Vanegas
Publisher : Bloomsbury Publishing
Page : 286 pages
File Size : 45,9 Mb
Release : 2005-09-20
Category : Law
ISBN : 9781847312068

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Contemporary Issues of the Semiotics of Law by Anne Wagner,Tracey Summerfield,Farid Samir Benavides Vanegas Pdf

The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is,for some, ideology, for others, the welfare of the majority. However, what is manifest is a conception of the law as a material structure that carries symbols of everyday life. The analyses that are made in the law and semiotics movements show that the laws symbolism cannot be understood by reference only to itself, a strictly legal meaning. It is a symbol that conveys life, a symbol that in itself is contaminated with life, politics, morality and so on. Law and Semiotics is an obvious meeting point between traditions, because it is the place where all the discussions about the law can find a common language. This is a collection of different papers where the institution of the law is investigated, in combination with, and as part of, a multiplicity of sign systems. Firstly, law can be understood as part of a global system of meaning (Part I) ; and, secondly, that despite the homogenising threat of globalisation, the play of legal meaning retains a socio-historical specificity (Part II). The global issues of human migration, human rights, colonisation and transnational power are played out in local spaces, in the public discourses through which they are given localised representation, in moments of activism, and as a tool of subversion. The law is a rhetorical device which at once constitutes these global and local truths but which is also constituted by them.

Lawyers Making Meaning

Author : Jan M. Broekman,Larry Catà Backer
Publisher : Springer Science & Business Media
Page : 257 pages
File Size : 53,5 Mb
Release : 2014-07-08
Category : Law
ISBN : 9789400754584

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Lawyers Making Meaning by Jan M. Broekman,Larry Catà Backer Pdf

This book present a structure for understanding and exploring the semiotic character of law and law systems. Cultivating a deep understanding for the ways in which lawyers make meaning—the way in which they help make the world and are made, in turn by the world they create —can provide a basis for consciously engaging in the work of the law and in the production of meaning. The book first introduces the reader to the idea of semiotics in general and legal semiotics in particular, as well as to the major actors and shapers of the field, and to the heart of the matter: signs. The second part studies the development of the strains of thinking that together now define semiotics, with attention being paid to the pragmatics, psychology and language of legal semiotics. A third part examines the link between legal theory and semiotics, the practice of law, the critical legal studies movement in the USA, the semiotics of politics and structuralism. The last part of the book ties the different strands of legal semiotics together, and closely looks at semiotics in the lawyer’s toolkit—such as: text, name and meaning. ​

Legal Signs Fascinate

Author : Jan M. Broekman,Frank Fleerackers
Publisher : Springer
Page : 74 pages
File Size : 55,6 Mb
Release : 2017-10-24
Category : Law
ISBN : 9783319695204

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Legal Signs Fascinate by Jan M. Broekman,Frank Fleerackers Pdf

This engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson (1931-1998). 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.

Semiotics of International Law

Author : Evandro Menezes de Carvalho
Publisher : Springer Science & Business Media
Page : 220 pages
File Size : 46,9 Mb
Release : 2010-10-23
Category : Law
ISBN : 9789048190119

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Semiotics of International Law by Evandro Menezes de Carvalho Pdf

Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

Semiotics and Legislation

Author : Hanneke van Schooten
Publisher : Global Academic Publishing
Page : 248 pages
File Size : 48,9 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105060396764

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Semiotics and Legislation by Hanneke van Schooten Pdf

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.

Research Handbook on Legal Semiotics

Author : Anne Wagner,Sarah Marusek
Publisher : Edward Elgar Publishing
Page : 517 pages
File Size : 52,5 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781802207262

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Research Handbook on Legal Semiotics by Anne Wagner,Sarah Marusek Pdf

This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.

Law and Semiotics

Author : Roberta Kevelson
Publisher : Springer
Page : 424 pages
File Size : 51,7 Mb
Release : 1987
Category : Language Arts & Disciplines
ISBN : STANFORD:36105044363864

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Law and Semiotics by Roberta Kevelson Pdf

Proceedings of a round table, May 1989, at Reading, Pennsylvania. The 21 papers discuss aspects of property and discovery in law. The authors are from both legal and humanities disciplines, and from a wide range of countries. The topics include the official bending of law to enforce implied value ju

Semiotics of Law: Intent and Preparation with in a Semiosis Cycle

Author : Pedro Malodorus Diaz
Publisher : GRIN Verlag
Page : 16 pages
File Size : 53,6 Mb
Release : 2012-11-21
Category : Law
ISBN : 9783656316237

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Semiotics of Law: Intent and Preparation with in a Semiosis Cycle by Pedro Malodorus Diaz Pdf

Essay from the year 2010 in the subject Law - Philosophy, History and Sociology of Law, The University of Texas at El Paso, language: English, abstract: This paper examines the legal impossibility that exists when Law Enforcement introduces evidence of a violation of law. Where Law enforcement creates hyper-real entities and uses these entities as actual real victims to prosecute cases involving computer crimes. The courts, prosecutors and juries fail to understand that a symbolic character across the computational medium, the umwelt is not and cannot ever become real simply because law enforcement claims so. Reality can only exist within the realm where we as humans exist. Hyper-reality remains at a realm that only our minds can imagine. The umwelt is that area that buffers reality from hyper-reality. Television exemplifies this argument, a person watching television can only become so involved with his/her favorite show and no matter how involved the person is - it can never cross that medium that separates them from that show. The Hypothetical Detective claiming to have understood the intentions of the suspect across that medium is only deceiving himself. Umberto Eco has been quoted as saying...”The battle for survival as a responsible human in the communication era is not to be won where communication begins, but where it ends. When Law enforcement takes it upon itself to ensnare an individual and fails to define full intent and preparation within the semiosis cycle it becomes a legal impossibility.

Meaning, Narrativity, and the Real

Author : Jan M. Broekman
Publisher : Springer
Page : 287 pages
File Size : 52,8 Mb
Release : 2016-02-29
Category : Law
ISBN : 9783319281759

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Meaning, Narrativity, and the Real by Jan M. Broekman Pdf

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.

Semiotics, Law & Art

Author : Eduardo C.B. Bittar
Publisher : Springer Nature
Page : 226 pages
File Size : 55,7 Mb
Release : 2020-12-03
Category : Law
ISBN : 9783030588809

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Semiotics, Law & Art by Eduardo C.B. Bittar Pdf

This book presents an interdisciplinary study of the relation between semiotics, law & art. Focusing on Greimasian semiotics, it examines specific works of art (from Giotto to Banksy) that deal with the theme of justice, promoting a more sensitive and humanized perception of the values that surround law. The book offers readers a comprehensive review of the semiotics of law, critically examining the relation between law & art. It covers a variety of topics, including semiotics, law and art; semiotics, art and experience; and society, law and art, as well as semiotics, law and painting; semiotics, law and architecture; semiotics, law and theatre; semiotics, law and literature; and semiotics, law and culture. In doing so, it uses the semiotics of painting to explain the symbology of justice and its significance in history; the semiotics of architecture to explain the setting of justice; the semiotics of theatre to explain the logic of the legal process; and the semiotics of literature to explain the narrative logic of legal decisions. Lastly, drawing on the semiotics of culture, it discusses ways of promoting justice, citizenship and human rights. Written from both philosophical and semiotical perspectives, the book enhances the centrality of visual jurisprudence studies to promote a better understanding of the role of law.

Law and Semiotics

Author : Roberta Kevelson
Publisher : Springer Science & Business Media
Page : 353 pages
File Size : 50,9 Mb
Release : 2012-12-06
Category : Law
ISBN : 9781461309598

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Law and Semiotics by Roberta Kevelson Pdf

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.