This classic and controversial book examines the roots of the idea of virtue, diagnoses the reasons for its absence in modern life, and proposes a path for its recovery.

Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The (...) author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective. (shrink)

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Written in an outstandingly clear and lively style, this 1969 book provokes its readers to rethink issues they may have regarded as long since settled.

John Searle's Speech Acts made a highly original contribution to work in the philosophy of language. Expression and Meaning is a direct successor, concerned to develop and refine the account presented in Searle's earlier work, and to extend its application to other modes of discourse such as metaphor, fiction, reference, and indirect speech arts. Searle also presents a rational taxonomy of types of speech acts and explores the relation between the meanings of sentences and the contexts of their utterance. The (...) book points forward to a larger theme implicit in these problems - the basis certain features of speech have in the intentionality of mind, and even more generally, the relation of the philosophy of language to the philosophy of mind. (shrink)

Later reprinted by Deborah Charles Publications (and not available from Amazon), this book expounds and comments on the application of Greimasian semiotics to a legal text, as found in the article by Greimas and Landowski in Greimas, Sémiotique et Sciences Sociales (1976), compares this with the semiotic presuppositions of Hart, Dworkin, MacCormick and Kelsen, and offers my own analysis of the implications of such semiotic analysis for legal theory, including some more recent radical non-positivist accounts.

The revival of absolutism -- The give-it-up philosophies -- The pssibility of a measure of values.

Developed from a one-day symposium at the University of Tilburg, this collection of papers explores the semiotic foundations of legislation as viewed from jurisprudential, institutional and sociological perspectives. They pose such questions as: the audience of legislation; the relations between legislative and judicial discourse; the contributions of speech act theory; the effectiveness of legislation and its meaning in non-legal discourse; and the creation of a supra-national form of constitutional discourse, that of Europe.

The present debate in legal theory is dominated by an unfruitful schism. On the one hand, analytical theories are concerned with the positivity of law, running the risk of missing the law's relation to society. On the other hand, sociological approaches analyze all sorts of social interactions of law, but have developed no conceptual tools to do justice to the autonomy of law. The theory of autopoiesis offers law a chance of getting round the falsely posed alternative between an autonomous (...) rule system or a socially conditioned decision-making process. It is a theory of law that sees the law's autonomy in the self-reproduction of a communication network and understands its relation to society as interference with other autonomous communication networks. Building on the ideas of Humberto Maturana, Heinz von Foerster and Niklas Luhmann, Gunther Teubner uses the concepts of self-organization and autopoiesis to develop a concept of law as a hypercyclically closed social system. This book will stand as a landmark in legal theory and become a standard point of departure in the sociology of law. (shrink)