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)

In institutional legal theory, norms and facts are reciprocally operating elements: an interplay in which meaning construction is closely connected with acting: the pragmatic understanding of legal language in terms of its uses. With the semiotic elements of institutional theory, extended by the notion of ‘semiotic groups’, an analytical framework can be constructed to analyze a case study on the shifts in the concept of war which have taken place since the 1945 UN Charter and in the aftermath of 9/11. (...) The semiotic aspects of the institutional approach can offer insight into the complexity of the processes of meaning attribution in the field of law and war. (shrink)

The centrality of argumentation in the judicial process is an age-old acquisition of research on legal discourse. Notwithstanding the deep insights provided by legal theoretical and philosophical works, only recently has judicial argumentation been tackled in its linguistic dimension. This paper aims to contribute to the development of linguistic studies of judicial argumentation, by shedding light on evaluation as a prominent aspect in the construction of the judge’s argumentative position. Evaluation as a deep structure of judicial argumentation is studied from (...) a discursive point of view entailing the analysis of a sample of authentic judicial language. Evaluative lexis is investigated within a single genre of judicial discourse, i.e. judgments, instantiated by a corpus of US Supreme Court judgments. Findings show that judges use diversified strategies to take stance as they organise their argumentative discourse: from easily recognisable verbal and adjectival tools to more finely-grained discourse elements such as the encapsulating pattern ‘this/these/that/those + labelling noun’. (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)

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)

A variety of theoretical positions are emerging to explain the judicial process from such perspectives as hermeneutics, semiotics, critical theory and argumentation/rhetoric. They ask such questions as these: What is the source of judicial authority? How do judges arrive at their decisions? By what logic are decisions to be tested? In this essay I argue that a focus on decisions and their justifications alone masks the broader process in which judges, along with all the other relevant groups, engage in a (...) continuing and evolving dialogue to structure their normative universe through the complementary processes of dialectic and rhetoric. Contemporary concepts of argumentation can serve to analyze this process critically. (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)

This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s metaphor (...) of a core and a periphery of meaning. Furthermore, evidence is provided that the use of vague legal concepts and the capability of legal methodology to affect the specific meaning of those concepts, may give rise to astonishing and irrational changes of meaning of the law. Finally the paper sets out in search of an added value of vagueness in law, and weighs several stated pros and contras of vagueness. The paper is written against a background of the German speaking realm. (shrink)

The Roberta Kevelson Seminar on Law and Semiotics is integrated in the regular program of a US Law School and student enrollment is honored with credit points. Hitherto, the study of Legal Semiotics has mainly been located outside the Law Schools in the US and the Faculties of Law in the EU. Two important questions within the more general theme of Legal Semiotics and Legal Education arose: (1) the program requirements in an education context, and (2) the attention and interests (...) of the students. This IJSL issue offers essays presented during the Round Table which closed the Seminar, provides some experience-based suggestions for a Seminar program and discusses how to deal with the pragmatic attitude of law students. It interests how those topics relate to legal and semiotic literature and how they focus globally important viewpoints, as can be concluded in the example of the legal semiotics of family structures. (shrink)

This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed that intelligent legal (...) knowledge engineering has high potential to increase precision and rationality in law, and hence safeguard the predictability of law and legal certainty. The central hypothesis is that putting the person who is subject to the law at the centre provides more rational reason to aim for the greatest possible precision of law by exploiting the means and technologies of our time than to uphold strategic vagueness. On this basis, the paper proposes the development of a basic set of controllable and justiciable basic legal drafting standards on EU and on national level, and promotes a transparency by design approach for legal knowledge engineering in order to enhance precision, integrity, comprehensibility and accessibility of law. Similarly to Jon Bing’s vision, this modified vision of an integrated legal information systems is, most probably, also likely to remain unfulfilled. However, what would science be without visions and (science) fictions? (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.

The purpose of the present paper is to unveil whether the power distance/textual complexity duality attributed ordinarily to legal language applies to two different documents which are widely deployed, interpreted and applied in the global scope of commercial trade and communications, namely Lloyd’s Institute Cargo Clauses and the London International Court of Arbitration Rules. In choosing two texts which are the direct product of the law-making machinery of the Common law system, but which are used internationally, we ultimately undertake to (...) research whether opacity is really inherent to legal texts in English with an international scope of implementation. To scrutinise, illustrate and argue on the degree of difficulty and power distance in such legal instruments, the perspective of genre has been chosen as the most effective of instruments provided by current Applied Linguistics. Genre analysis permits to identify the genre or genres of a specialised professional community connected to the communicative group it comes from, the audience that receives it, the historical and cultural background and the extra-textual reality it aims to represent. The goal of our study, carried out through different levels: formal, discursive and, mainly, pragmatic, is to discern whether there exists any possible equation between power and textual complexity, and the consequences this entails for the understanding of the nature of these major international texts. (shrink)