Legal Symbolism
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Legal Symbolism
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Author : Jiří Přibáň
language : en
Publisher: Routledge
Release Date : 2016-04-22
Legal Symbolism written by Jiří Přibáň and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Studies In Mesopotamian Legal Symbolism
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Author : Meir Malul
language : en
Publisher:
Release Date : 1988
Studies In Mesopotamian Legal Symbolism written by Meir Malul and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Cuneiform inscriptions categories.
Contemporary Issues Of The Semiotics Of Law
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Author : Anne Wagner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-09-20
Contemporary Issues Of The Semiotics Of Law written by Anne Wagner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-20 with Law categories.
The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is,for some, ideology, for others, the welfare of the majority. However, what is manifest is a conception of the law as a material structure that carries symbols of everyday life. The analyses that are made in the law and semiotics movements show that the laws symbolism cannot be understood by reference only to itself, a strictly legal meaning. It is a symbol that conveys life, a symbol that in itself is contaminated with life, politics, morality and so on. Law and Semiotics is an obvious meeting point between traditions, because it is the place where all the discussions about the law can find a common language. This is a collection of different papers where the institution of the law is investigated, in combination with, and as part of, a multiplicity of sign systems. Firstly, law can be understood as part of a global system of meaning (Part I) ; and, secondly, that despite the homogenising threat of globalisation, the play of legal meaning retains a socio-historical specificity (Part II). The global issues of human migration, human rights, colonisation and transnational power are played out in local spaces, in the public discourses through which they are given localised representation, in moments of activism, and as a tool of subversion. The law is a rhetorical device which at once constitutes these global and local truths but which is also constituted by them.
Symbolic Legislation Theory And Developments In Biolaw
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Author : Bart van Klink
language : en
Publisher: Springer
Release Date : 2016-08-31
Symbolic Legislation Theory And Developments In Biolaw written by Bart van Klink and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-31 with Law categories.
This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?
Shibboleths Of Law
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Author : B. J. Brown
language : en
Publisher:
Release Date : 1987
Shibboleths Of Law written by B. J. Brown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
Law As Symbolic Form
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Author : Deniz Coskun
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-07-17
Law As Symbolic Form written by Deniz Coskun and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-17 with Law categories.
This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.
Religious Symbols And The Intervention Of The Law
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Author : Sylvie Bacquet
language : en
Publisher:
Release Date : 2020
Religious Symbols And The Intervention Of The Law written by Sylvie Bacquet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Christian art and symbolism categories.
This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book takes a multidisciplinary approach drawing on the psychology and sociology of religion and symbols, in order to examine how this could help inform the law.
Meaning In Law A Theory Of Speech
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Author : Charles W. Collier
language : en
Publisher: Oxford University Press
Release Date : 2009-08-07
Meaning In Law A Theory Of Speech written by Charles W. Collier and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-07 with Law categories.
Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.
Flags Color And The Legal Narrative
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Author : Anne Wagner
language : en
Publisher: Springer Nature
Release Date : 2021-05-24
Flags Color And The Legal Narrative written by Anne Wagner and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Law categories.
On behalf of Professor Hugh Brady, Director and Senior Fellow, The Flag Research Center at the University of Texas School of Law, "Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique (Springer 2021) has been selected as the recipient of our Gherardi Davis Prize is presented for a significant contribution to vexillological research for the year 2021. This work was selected because of its breadth and depth in examining flags as meaningful transmitters of significant symbolic information concerning the origins, culture, self-image, and values of a society. We believe it represents a signal achievement in the study of flags that sets a new standard for research in the field." The Flag Research Center, founded in 1962, is dedicated to furthering knowledge and advancing understanding of the human need to create and use symbols to express political, cultural, and social ideals through flags and flag-related material culture. The book deals with the identification of “identity” based on culturally specific color codes and images that conceal assumptions about members of a people comprising a nation, or a people within a nation. Flags narrate constructions of belonging that become tethered to negotiations for power and resistance over time and throughout a people’s history. Bennet (2005) defines identity as “the imagined sameness of a person or social group at all times and in all circumstances”. While such likeness may be imagined or even perpetuated, the idea of sameness may be socially, politically, culturally, and historically contested to reveal competing pasts and presents. Visually evocative and ideologically representative, flags are recognized symbols fusing color with meaning that prescribe a story of unity. Yet, through semiotic confrontation, there may be different paths leading to different truths and applications of significance. Knowing this and their function, the book investigates these transmitted values over time and space. Indeed, flags may have evolved in key historical periods, but contemporaneously transpire in a variety of ways. The book investigates these transmitted values: Which values are being transmitted? Have their colors evolved through space and time? Is there a shift in cultural and/or collective meaning from one space to another? What are their sources? What is the relationship between law and flags in their visual representations? What is the shared collective and/or cultural memory beyond this visual representation? Considering the complexity and diversity in the building of a common memory with flags, the book interrogates the complex color-coded sign system of particular flags and their meanings attentive to a complex configuration of historical, social and cultural conditions that shift over time. Advance Praise for Flags, Color, and the Legal Narrative "In an epoch of fragmentation, isolation and resurgent nationalism, the flag is waved but often forgotten. The flag, its colors, narratives, shape and denotations go without saying. The red flag over China, the Star-Spangled Banner, the Tricolore are instantly recognisable and over determined, representing a people, a nation, a culture, languages, legacies, leaders. In this fabulous volume flags are revealed as concentrated, complex, chromatic assemblages of people, place and power in and through time. It is in bringing a multifocal awareness of the modes and meanings of flag and color in public representations that is particular strength. Editors Anne Wagner and Sarah Marusek have gathered critical thinkers from the North and South, East and West, to help know the essential and central - yet often forgotten and not seen - work of flags and color in narratives of nation, conflict, struggle and law. A kaleidoscopic contribution to the burgeoning field of visual jurisprudence, this volume is essential to comprehending the ocular machinery through which power makes, and is seen to make, the world."Kieran Tranter, Chair of Law, Technology and Future, Faculty of Law, Queensland University of Technology, Australia "This comprehensive volume of essays could not be arriving at a more opportune time. The combined forces of climate change, inequality, and pandemic are causing instability and painful recognitions of our collective uncertainties about nationhood and globalism. In the United States, where I am writing these few lines, our traditional red/white/blue flag has been collapsed into two colors: Red and Blue. While these colors have semiotically deep texts, the division of the country into these two colors began with television stations designing how to report the vote count in the 2000 presidential election year creating "red" and "blue" parties and states. The colors stuck and have become customary. We Americans are told all the time by pundits that we are a deeply divided nation, as proven by unsubtle colored maps. To a statistician, we are a Purple America, though the color is unequally distributed. White, the color of negotiation and peace is rarely to be found. To begin to approach understanding the problems flagged in my brief account requires the insight of multiple disciplines. That is what Wagner and Marusek, wonderful scholars in their own work, have assembled as editors -- a conversation among scholars at the forefront of thinking about how flags and colors represent those who claim them thus exemplifying how to resist simple explanations and pat answers. The topic is just too important."Christina Spiesel, Senior Research Scholar in Law, Yale Law School; Adjunct Professsor of Law, Quinnipiac University School of Law, USA "Visuals, such as symbols and images, in addition to conventional textual forms, seem to have a unique potential for the study of a collective identity of a community and its traditions, as well as its narratives, and at the same time, in the expression of one’s ideas, impressions, and ideologies in a specific socio-political space. Visual analysis thus has become a well-established domain of investigations focusing on how various forms of text-external semiotic resources, such as culturally specific symbols, including patterns and colors, make it possible for scholars to account for and thus demystify discursive symbols in a wider social and public space. Flags, Identity, Memory: Critiquing the Public Narrative through Colors, as an international and interdisciplinary volume, is a unique attempt to demystify the thinking, values, assumptions and ideologies of specific nations and their communities by analyzing their choice of specific patterns and colors represented in a national flag. It offers a comprehensive and insightful range of studies of visual and hidden discursive processes to understand social narratives through patterns of colours in the choice of national flags and in turn to understand their semiotic, philosophical, and legal cultures and traditions. Wagner and Marusek provide an exclusive opportunity to reflect on the functions, roles, and limits of visual and discursive representations. This volume will be a uniquely resourceful addition to the study of semiotics of colours and flags, in particular, how nations and communities represent their relationship between ideology and pragmatism in the repository of identity, knowledge and history."Vijay K Bhatia, Chinese University of Hong Kong, Full Professor, Hong Kong "In all societies, colors play a critical function in the realm of symbolism. Nation societies perceive great significance in the colors of flags and national emblems. Colors constitute, in other words, sign systems of national identity. The relation of color codes and their relation to concepts of nationhood and its related narratives is the theme of this marvelous and eye-opening collection of studies. Flags are mini-texts on the inherent values and core concepts that a nation espouses and for this reason the colors that they bear can be read at many levels, from the purely representational to the inherently cultural. Written by experts in various fields this interdisciplinary anthology will be of interest to anyone in the humanities, social sciences, jurisprudence, narratology, political science, and semiotics. It will show how a seemingly decorative aspect of nationhood—the colors on flags—tells a much deeper story about the human condition."Marcel Danesi, University of Toronto, Full Professor of Anthropology, Canada
Ordinary Meaning
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Author : Brian G. Slocum
language : en
Publisher: University of Chicago Press
Release Date : 2015-12-22
Ordinary Meaning written by Brian G. Slocum and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Law categories.
A legal scholar offers a bold new framework for legal interpretation with this “deep, thoughtful, and useful examination . . . of legal meaning” (William Eskridge, Yale University). Consider a criminal sentencing provision that calls for enhanced punishment if a defendant “uses” a firearm during a drug crime. Has a defendant violated the provision if he trades a gun for drugs? Did he “use” the gun in the intended sense? This sort of question is at the heart of legal interpretation. Legal interpretation typically follows the doctrine of “ordinary meaning” —which is to say that words in legal texts should be interpreted in light of accepted standards of communication. Yet often, courts fail to properly consider context, refer to unsuitable dictionary definitions, or otherwise misconceive how the ordinary meaning of words should be determined. In this book, Brian Slocum argues for a new method of interpretation by asking glaring, yet largely ignored, questions. What makes one particular meaning the “ordinary” one, and how exactly do courts conceptualize the elements of ordinary meaning? Ordinary Meaning provides a much-needed reassessment of how the components of ordinary meaning should properly be identified and developed in our modern legal system.