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Signs in Law - A Source Book: The Semiotics of Law in Legal Education III

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Edited by: Jan Broekman, Larry Cata Backer

ISBN13: 9783319098364
Published: December 2014
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £67.99



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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.

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Subjects:
Jurisprudence
Contents:
Preface
Acknowledged Sources
1. Introduction Reading Semiotics
Jan M. Broekman and Larry Cata Backer
2. Eco and the Text of the Communist Manifesto
Jan M. Broekman and Larry Cata Backer
Part I From Legal Significs to Legal Semiotics
3. Origins and Effects of Legal Significs
Jan M. Broekman and Larry Cata Backer
4. "Word-Value" and "The 'I'
Frederik van Eeden
5. "Significs" and "Significs and Philosophy"
Gerrit Mannoury
6. "What is Significs?"
Lady Victoria Welby
7. Editorial 1: J.I. de Haan, the First Legal Semiotician
8. Essence and Task of Legal Significs
Jacob Israel de Haan
9. Legal Significs and its Application in the Terms 'Liable', 'Responsible' and 'Accountable'
Jacob Israel de Haan
Part II Godfathers of Semiotics-Welby, Peirce, Greimas, Lacan
10. Editorial 2: 'Meaning' and the Welby-Peirce Correspondence
11.Meaning
Lady Victoria Welby
12. Two Letters to Lady V. Welby: Oct.
12, 1904 and Dec.
24/25 and 28, 1908
Ch. S. Peirce
13. Editorial 3: Firstness, Shock, and Signs
14. Firstness, Shock, Law, and The Hand of the Sheriff
Ch. S. Peirce
15. Editorial 4: Layered Discourses, Dynamic Semiotics
16. A View On A. J. Greimas's Essay "The Semiotic Analysis of A Legal Discourse: Commercial Laws That Govern Companies and Groups of Companies"Larry Cata Backer
17. Editorial 5: I and Self (Welby, Lacan)
18. Lacan, The Mirror and the "I"
Jan M. Broekman
Part III Semiotics of Law Today
19. Justinian Corpus Iuris Civilis (Fragment)
20. Editorial 6: On Persons, Things and Obligations in Semiotic Perspective
21. Fundamental Concepts of Roman Law
Max Radin
22. Family as a Commonsensical Device and its Place in Law
Tracey Summerfield and Alec McHoul
23. The Multiple Faces of a Corporation's Legal Personality
Larry Cata Backer
24. Property: The Legal 'Thing' as Artwork
Roberta Kevelson
25. Place, Space, and Time in the Sign of Property
Robin P. Malloy
26. The Ethics of Property: A semiotic Inquiry Into Ownership
Denis J. Brion
27. Quid pro quo: Contractual Semiosis and Translation
Dinda L. Gorlee
28. The Semiotics of International Law: Interpretation of the ABM Treaty
R.W.Benson
29. Cultural Immersion, Difference and Categories in US Comparative Law: Conclusions
Vivian Grosswald Curran
Part IV Developing Semiotic Awareness
30. Law in Signification Processes
Jan M. Broekman and Larry Cata Backer
31. Editorial 7: From Prize-Winning Seminar Papers to a General Conclusion
32. Can Words Really Set A Man Free? A Semiotic Analysis of the American Criminal Defendant's Right to Allocution
Charles Volkert
33. Shareholder Derivative Action and Corporate Identity in Delaware Jurisprudence
Alan C. Green
34. Signs Without Authority: The Battle of Experts, the Caricature of a Discourse and the Failure of Scientific Evidence
Robert Marriott
35. Semiotics in a New Key
Jan M. Broekman and Larry Cata Backer
General References
About the Authors
Name Index
Subject Index.