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)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

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)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

When opinion polls are conducted on some urgent matter of the day those polled are permitted to declare themselves ‘Don't Knows’. It is usually a minority who are so ill-disposed as to forget their civic duty to have an opinion on each and every subject, and they can usually expect to be rebuked as fence-sitters or slugabeds. People confronted by the demand that they take sides can generally produce a ‘view’ which they maintain against all-comers without the slightest attempt to (...) seek out confirmation or counter-evidence. Sometimes, no doubt, this view ‘bubbles up’ from the speaker's entrenched evaluations and opinions; sometimes it has simply been selected, off the cuff, from the available alternatives and entered in the speaker's ‘axiom set’, the things she'll say when asked, or which she may even ‘act on’ in some more material way—without any implication that the alternative opinion would not once have done as well. (shrink)

The disconnection between the idea of nation-based citizenship and the current practices of migrants presents the opportunity to reconceptualize and redefine the idea of citizenship and thereby grasp the realities of movement. I employ Giambattista Vico's theories of universal rights and his history of civilizations to interrogate rhetorically national origins and expand on what I call a renovation of citizenship. This is a process that embraces daily practices of nation-based citizenship and encourages us to imagine new ways to express citizenship, (...) ways that comport with the realities of a mobile world, specifically the human right of freedom of movement. In formulating this renovation of citizenship based on mobility, I introduce the metaphor of stochastic citizenship to resolve the tension between the legal structures governing citizenship and the promotion of mobility as a human right. The Roma people in Europe serve as a test for stochastic citizenship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (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)

A person's values are what that person regards as or thinks important; a society's values are what that society regards as important. A society's values are expressed in laws and legislatively enacted policies, in its mores, social habits, and positive morality. Any body's values—an individual person's or a society's—are subject to change, and in our time especially. An individual manifests his or her values in expressions of approval or disapproval, of admiration or disdain, by seeking or avoidance behaviour, and by (...) his or her characteristic activities. What one values one seeks for or tries to maintain. Sometimes attaining it leads to unexpected enlightenment—that isn't what one wanted after all. But a person's values are discovered most significantly in a reflective way by becoming aware of what one is willing to give up to attain or maintain one's values. This is the price one is willing to pay for it, and values are occasionally, and in the money and stock markets always, expressed in terms of price. This can be significant or it can be misleading; it depends on how it is interpreted. Not everything has a monetary equivalent, despite the attempts of the law to provide recovery for damages in monetary terms, and despite the cynical maxim, ‘Everyone has his price’. (shrink)

When opinion polls are conducted on some urgent matter of the day those polled are permitted to declare themselves ‘Don't Knows’. It is usually a minority who are so ill-disposed as to forget their civic duty to have an opinion on each and every subject, and they can usually expect to be rebuked as fence-sitters or slugabeds. People confronted by the demand that they take sides can generally produce a ‘view’ which they maintain against all-comers without the slightest attempt to (...) seek out confirmation or counter-evidence. Sometimes, no doubt, this view ‘bubbles up’ from the speaker's entrenched evaluations and opinions; sometimes it has simply been selected, off the cuff, from the available alternatives and entered in the speaker's ‘axiom set’, the things she'll say when asked, or which she may even ‘act on’ in some more material way—without any implication that the alternative opinion would not once have done as well. (shrink)