The Law as a System of Signs

Specificaties
Paperback, 344 blz. | Engels
Springer US | 0e druk, 2011
ISBN13: 9781461282419
Rubricering
Springer US 0e druk, 2011 9781461282419
Onderdeel van serie Topics in Contemporary Semiotics
Verwachte levertijd ongeveer 9 werkdagen

Samenvatting

Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back­ ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility.

Specificaties

ISBN13:9781461282419
Taal:Engels
Bindwijze:paperback
Aantal pagina's:344
Uitgever:Springer US
Druk:0

Inhoudsopgave

I Introduction to Legal Semiotics.- 1 Legal Semiotics: The Peircean Frame.- 2 Staking the Claim/Walking the Field.- 3 Perspectives on the Legal System.- 4 A Comparatist View.- 5 Global Developments.- II The Open Hand.- 6 The Art of Conversation.- 7 Riddles, Legal Decisions, and Peirce’s “Existential Graphs”.- 8 Speech Acts: Decisions.- 9 Pure Play: Rules of Law and Rules of Conduct.- 10 Limits of Authority in Law.- III Quid Pro Quo.- 11 Contracts and Equivalences.- 12 The Mapping of Morals onto Law: Problems of Rights, Ethics, and Values.- 13 Economic Justice: The “Takings Clause” and Legal Interpretation.- 14 Economic Links with Law: The Market as Sign of a Free Society.- 15 Signs of the Naked and the Dressed: Contract and Cause in Law.- IV Interpretation and Value.- 16 Origins and Development: Hermeneutics of Law and Politics.- 17 American Realism.- 18 The Constitution as Interpretant Sign.- 19 Property I.- 20 Property II.- V Inquiry as Method of Freedom.- 21. Inquiry and Discovery Procedures.- 22 Conflict of Laws: A Complex Indexical Sign.- 23 The Means-End Process of Freedom in Law.- References.

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