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)

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. (shrink)

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)

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)

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)

This text aims at pointing out some of the philosophy of law present in the works of the Hellenist philosopher and physician Sextus Empiricus (ΣΕΞΤΟϒ ΕΜΠΕΙΡΙΚΟϒ), and supports two main theses: the first, based on an epistemological point of view, presupposes that exact knowledge of the world — that is, an entirely adequate relationship between the mind of each human being and the events around — is not possible, which insurmountably renders all perception relative. The second thesis, from an axiological (...) point of view, postulates that Skepticism does not necessarily imply disregarding concepts of justice or abandoning any ethical parameters, but functions as an immunizing element against intolerance and dogmatism. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

The present paper examines three parts of ancient school rhetoric: the issues, the topics, and the questions of style from the perspective of legal semiotics. It aims (1) to demonstrate the roles these have played and can play in the interpretation of legal discourses; and (2) to summarise what insights have been and can be gained from this classical tradition by contemporary legal research. It is argued that the promise of legal semiotics for rhetorical investigations is that it (...) may help to make sense of the functioning of the system of ancient rhetoric, and contribute to our understanding of how rhetorical tradition works, while the research of ancient rhetoric can explore a range of semiotic devices essential for lawyerly thinking, resulting in the knowledge of a richer framework of interpretation. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 63-88.

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...) concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...) concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (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 articulates Deleuze & Guattari’s semiotics towards a semiotic of law through a discussion of the intensive semiotics of the field of emergence and pragmatic semiotics of social power. Within the framework of the pragmatic semiotics, it is argued that the crucial tension is how social machines and their regimes of signs operate with the intensive semiotics of the field of emergence. The signifying regime of the State social machine constructs itself on the excluded (...) foundation of the field of emergence, and what is lost are the real ontological and social conditions of emergence, intensity and affect. In contrast, the counter-signifying regime of the war social machine actively operates with the intensive semiotic of the field of emergence, and develops an image of legality and regime of signs that taps the field of emergence for social organisation and expression. Returning to the issue of emergence and legality, the concept of Emergent Law is developed as a war social machine, abstract machine, assemblage, and regime of signs, that operates a semiotic that is developed in terms of an intensive semiotics that is open to and taps the forces of the field of emergence. (shrink)

This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal scholarship, the discipline that I call jurisology.

While writing the foreword for this special edition of the International Journal for the Semiotics of Law, I was informed of Dr. Nelson R. Mandela’s death. While saddened with his passing, I was struck by the fact, he was one of the two men who most influenced my study and practice of Restorative Justice; the other was my father. Both passed away while this edition was compiled and edited.In the mid 1990s, I first read about Restorative Justice as an (...) aspect of the Truth and Reconciliation Commission (“TRC”) established by Dr. Mandela in post-apartheid South Africa. I was fascinated by his forgiveness of his oppressors and how he infused the ideals of reconciliation and forgiveness into a court-like hearing. It was an opportunity for the victim of human rights violations to face the perpetrator and tell the perpetrator the extent of the injuries he or she suffered. After the victim spoke, the perpetrator had an opportunity to admit to the wrongdoing, take full responsibility for the har. (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)

The crux of the present paper is that Fiqh can be considered as a religious apparatus mediating between the spheres of divine addressivity and Sharia performativity. The former may manifest itself as the addressing of a spectral prophetic figure or the hidden Imām; however, the latter may emerge in the form of a responsive-performative discourse characterized paradoxically by the autonomy of ontology, heteronomy of force and pen-ultimacy of statements. By fabricating a sacred archive, establishing some hermeneutical devices (generative and interpretative), (...) and designating authentic archons, Fiqh as a mediating factor determines the ultimate form of the performative discourse of Sharia and renders the spectral addressing into a sonorous imperative tone. With regard to their various semiotic procedures, different Fiqh apparatuses, in Islamic worlds, lead to divergent and sometimes discordant binding discourses ranging from sovereign and generative Sharia laws to suspended divine rules. (shrink)

Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence international law, Yet (...) the current one is certainly not working, then, the question, (2) What should the international law be? The enforcement of the international law could be accomplished through the blockchain. As blockchain “went bypass” the national law, and simply negated it, yet it is still not immune to the scope of international jurisdiction. We also argue that the blockchain’ smart contract is not sufficient enough to operate smoothly. Human brain is structured as the mirror rather than a glass and transferring the law interpretation to the machine would not work, hence, we designed the formula of langue and parole, blockchain multiseg operating under the semiotics of the international law. Here the language learning is modelled with the supervisory and reinforcing algorithms, with supervisory predetermined with bias X,Y towards the values of law. Sort of form of constant repetends of Heidegger’s hermeneutics circle. The most important part in this paper is written with the purpose to explain that international law is at the same struggle that Kafka had. Carrying the weight of both, the clothed façade and true self, first being the morality guide and later the states will, and not being neither, international law is self-isolated from the real world, as Gregor Samsa was. Hence, this is not the paper of secularization, no customs, no higher purpose, nothing except the will of states, that can be constantly renewed with the signifier and signified being linked and re-linked. (shrink)

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)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian and (...) neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union, Law Dictionary, Oxford (...) Large Dictionary of Law, Chinese-English Glossary of Terms of Laws and Regulations of People’s Republic of China and English-Chinese Dictionary of Anglo-American Law to analyze the roles of law dictionaries on the standardization of the translated Chinese legal terms. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian and (...) neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

The Shield of Heracles by Hesiod and Homer’s Iliad, XVIII show how mimesis should be considered: it is a process that should be seen different according to the levels that it refers to. There is one object constructed by a craftsman (first level of representation), after that a poet may write about this object and its construction (second level of representation). Then yet another poet could write, on the model of the previous text, his poem with his personal idea.Explaining first, (...) the meaning of representation, arts and mimesis in Plato (Ion, Phaedrus, Cratylus, Sophist, Laws, Republic-Book X) and in Aristotle (Poetics, Nichomachean Ethics), I would like to explain how mimesis was considered according to the terms of form and representation. After that I would carry out atextual analysis of The Shield of Heracles and Iliad, to demonstrate that even if Hesiod’s text is quite similar to Homer’s, the context, the meaning, the backgroundof the authors and the narrative structures are different. The different levels of pertinence and the different points of view demonstrate that mimesis is not a process that produces hierarchy in retrospect, but it is something heading to the direction of what “it is not created yet”. (shrink)

The Shield of Heracles by Hesiod and Homer’s Iliad, XVIII show how mimesis should be considered: it is a process that should be seen different according to the levels that it refers to. There is one object constructed by a craftsman (first level of representation), after that a poet may write about this object and its construction (second level of representation). Then yet another poet could write, on the model of the previous text, his poem with his personal idea.Explaining first, (...) the meaning of representation, arts and mimesis in Plato (Ion, Phaedrus, Cratylus, Sophist, Laws, Republic-Book X) and in Aristotle (Poetics, Nichomachean Ethics), I would like to explain how mimesis was considered according to the terms of form and representation. After that I would carry out atextual analysis of The Shield of Heracles and Iliad, to demonstrate that even if Hesiod’s text is quite similar to Homer’s, the context, the meaning, the backgroundof the authors and the narrative structures are different. The different levels of pertinence and the different points of view demonstrate that mimesis is not a process that produces hierarchy in retrospect, but it is something heading to the direction of what “it is not created yet”. (shrink)

Awareness of boundary, both physical and mental, is seen as the beginning of perception. In any account of the world, therefore, boundary must be a ubiquitous component. In sharp contrast, accounts of God within the Christian tradition commonly have proceeded by the affirmation that God is above and beyond boundary as infinite, timeless, and simple. To overcome this “problem of transcendence,” of how such a God can relate to such a world, an eight-term grammar of boundary is developed to demonstrate (...) how God as Trinity can properly be held to be without boundary yet constitute the ground of a bounded world. This leads to a way of granting theological significance to the origin and development of life. Life is seen to exist in dynamic, intentional relationships between context (“outside”) and intext (“inside”) across permeable boundaries through which an exchange of resources and information takes place for the sake of self-continuation. Comprehending life's distinctive utilization of boundary in terms of the grammar developed here enables life to be seen not only as a vestige of the Trinity but also, precisely because of this, as a sign and parable of redemption. (shrink)

The essay seeks to single out, describe, and analyze the main semiotic features that compose the fundamentalist understanding of authoriality. Given a definition of authoriality as the series of semiotic dynamics that induce a reader to posit a genetic relation between an author and a text, the fundamentalist authoriality is characterized as displaying six main traits. First, centrality of the written text: in order to postulate a perfect coincidence between a transcendent intentio auctoris (intention of the author) and an immanent (...) intentio lectoris (intention of the reader), fundamentalist exegetical and juridical hermeneutics must be anchored to a stable message, canonized into a written verbal text or into a corpus of written verbal texts. Second, fundamentalist authoriality rests on the assumption of the immutability and mono-centrism of the religious semiosphere that irradiates from the written text. Third, literalism, infallibility, and non-contradiction are attributed to the relation between the written text, its exegetical hermeneutics, and the pragmatic normative orders to which it gives rise. Fourth, fundamentalist authoriality rules out any potential duplicity of the operations that ‘extract’ meaning from religious texts. Fifth, the assumption of the immutability of the religious text leads to exclusion of any operation that might alter the form of both its expression and content, hence to stigmatization of translation. The sixth feature of fundamentalist authoriality encompasses all the previous ones: in fundamentalism, a religious text is not actually a text anymore, but a mirror, whose passive reflection of the exegete’s mind undermines the semiotic nature of the relation between the reader and the text. (shrink)

What remains invisible in the discourse, contributes to perpetuating multilayered inequalities through discourse. Stereotypical representations, under-representations, hyper-representations, or misrepresentations regulate rape myths, and consequently, particular ways of seeing and behaving of those inside or outside the cultural boundaries. It has, therefore, been studied if and how rape victims and perpetrators have been visually represented and framed in the digital illustrations on rape in Pakistan. Discrepancies concerning identity construction of the rape victims and rapists as well as the depiction of multifarious (...) socio-semiotic dimensions of rape have been analyzed. Thirty-five digital illustrations appearing in 32 blogs and news articles published on rape cases in Pakistan have been purposively selected and studied based on ideational metafunction suggested by Kress and van Leeuwen. Results reveal under-representation of rapists and perpetrators, law enforcement, survivors, and existing myths regarding revenge rape, child abuse, gang rape, marital rape, and gender-based victimhood. The study has implications for semiotics, rape studies, gender studies, and digital discourse. (shrink)

On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and shelter. (...) In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train while they were resting on the railway tracks. The images of the Roti on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts ‘criminal’ bereft of ‘moral culpability’ are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State’s selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide. (shrink)

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

The aim of this article is to explore to what extent the rule of economics commonly known as Gresham's law can be extrapolated to verbal language . Consequently, the goal of this article is twofold. First, for Gresham's law to be applied simultaneously to money and language, its unfortunate and obscure wording should be clarified. Second, one should identify the contexts in which the validity of the law could be assessed best, and run a very preliminary test. For this purpose, (...) the circulation of the adjective in the word combination in use in the Soviet Union in the 1920s and 1930s was scrutinized. (shrink)

Religion can bring about social harmony as well as social conflict. Religious law is a key element in both cases. Scholars can explain how religious law changes according to historical and socio-cultural context. They can also help reengineering prescriptions that cause social conflict. Changes in religious law can be explained according to a chronological rhetoric (certain agents cause certain changes) or according to a logical rhetoric (a change acquires its meaning in opposition to other possible changes). The two approaches are (...) complementary, but the semiotics of religious law predominantly adopts the second one. In both cases, the explanation of how a religious law changes and the reengineering of a religious prescription are related activities. The semiotics of religious law is particularly equipped to propose alternatives for conflicting prescriptions. However, there is a difference between showing that some alternatives exist and advocating which alternatives should be taken. Whilst the latter position is similar to that of semiotic guerrilla warfare, the former rather configures the semiotics of religious law as a therapy. Semiotic guerrilla warfare stresses the need to demystify the discourse of power that subjugates individuals or groups to a certain religious law. Semiotic therapy does not focus on demystification but on reconciliation. The task of the semiotic therapy of religious law is to show that situations of social conflict generated by certain prescriptions can be decreased or eliminated by adopting alternative paths of meaning. The semiotic therapist of religious law can be effective in showing these alternatives only if some pragmatic and semantic preconditions are met: a correct involvement with the sets of religious core values at stake and an articulated analysis of the paths of meaning to which these values give rise. (shrink)

This article seeks to investigate the role that a symbol—connected to a legal event and a collective trauma—has in the construction of a past imaginary. It begins with a theoretical reflection on the role of the symbol as proposed by Juri Lotman and the function of repetition in the consolidation of collective memory. It subsequently focuses on the semiotic resonance of one specific object: the bulletproof cabin of the Nazi criminal Adolf Eichmann, used during his trial in Jerusalem, in 1961. (...) I consider the ‘afterlives’ of this object, examining the different ‘remakes’ of Eichmann’s cabin in several mediatic and artistic contexts, focusing on the modalities that have anchored it to the post-1961 imaginary of the perpetrator and the legal consequences of his actions. To do so, the article proposes a typology of uses of the cabin, identifying the different nuances of its representation and how they encapsulate the thorny issues surrounding that infamous legal event. (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)

Copyright law is often premised on the identification of an author of a literary, dramatic, musical, or artistic work, and then giving this author exclusive rights for a limited period to control the commercial exploitation of his or her intellectual creation. However, the hegemonic modernist position of the romantic authorial text has been challenged by numerous scholars who have argued that the meaning of a text lies not in its origin but in its destination. Roland Barthes’ work, controversial at the (...) time of publication with its assault on modernity and the primacy of authorial control, has nonetheless laid the groundwork for an important body of scholarship on interpretive communities. Whether one adopts the position of neoconservative postmodernism or poststructural postmodernism, this article argues that a semiotic analysis of works of copyright as “signs”, “myths” and “polysemous texts” will nonetheless offer an important framework to understand the full reach of the transformative use doctrine in the United States today. (shrink)

The postmodernist view, with its emphasis on the nature of discursive practices in constructing subjectivity and reality, has found many applications. This book develops a critically informed psychoanalytic semiotic view derived from Lacan, and applies it to the study of law. It also integrates some of the central concepts of chaos theory in describing how the legal text is constructed and how it may be read. Postmodern feminist analyses focusing on a possible ecriture feminine provide key insights, and the notion (...) of an empowered democracy is offered as a potentially generating milieu for a revolutionary replacement discourse. (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 Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The Law (...) is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)