Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as “given” even though it is dynamic and constantly under construction. Most lawyers do not (...) make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because clients often can achieve their objectives when their lawyers crudely manipulate the symbols of law, these endeavors pay very well. Well-paid lawyers tend not to ask too many questions. Consequently, semiotics is, at best, misunderstood by lawyers; more likely it is wholly unknown. A lawyer’s avowed instrumentalism is the very problem to be addressed in this regard. For the scope of discussion, I refer to Vico’s famous On the Study Methods of Our Time and draw my conclusion for the lawyer of our time. (shrink)

When Giambattista Vico wrote and rewrote the Scienza Nuova between 1725 and 1744, he all but completely occluded his own discipline – rhetoric. Professor of Latin Eloquence at the University of Nap...

Is it the task of legal semiotics or the legal philosophers to define legal semiotics? For the philosopher of law, the question recalls the distinction between philosophers’ philosophy of law and legal scholars’ philosophy of law. The thesis that the paper argues is that a semiotic legal perspective can also be sought from the analysis of anthropological knowledge on the origin of the social bond and society, implying a social and institutional theory of the mind. In the first paragraph, the (...) search for a different kind of rationality emerges from a semiotician, Jürgen Trabant, who analyses semiotically the thought of a rhetorician and philosopher of law, Giambattista Vico. In the second paragraph, the anthropological notion of social bond emerges from the debate on the relationship between the idea of the gift and that of exchange. In the third paragraph, the analysis of the legal notion of thirdness recognizes the central role of myth and fiction in the configuration of the civil world and sign, returning to Vico’s critical view of the philosophy of language as an institution of society. (shrink)

When architects, designers, and planners map out the physical space of our urban and regional geography, they also map out the discursive space of our everyday lives. This paper is an exploration of the rhetorical norms implicit in contemporary urban design. I examine three theories of the "good city": Jane Jacobs' The Death and Life of Great American Cities, Christopher Alexander's A Pattern Language: Towns, Buildings, Construction, and Peter Katz's The New Urbanism: Toward an Architecture of Community. I close by (...) proposing a set of civic problems shared by designers and rhetoricians. (shrink)

Anthropologists, through participant observation, play a large role in creating the very locus of their research: socio-cultural context. Challenges to the social-scientific ‘objectivity’ of this process draw strength from historical precedent, and serve a vital role in the larger anthropological project of confronting, as both critic and product of Western thought, its inherent tensions. In this paper, I focus on two types of epistemological bias that construct and reinforce the validity of objective knowledge: objectivism and literalism. An analysis of ethnographic (...) treatments of the philosophical concerns of metaphor theory and phenomenology of the senses illustrates both the difficulty and utility of taking on the epistemological underpinnings of social science. (shrink)