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WILLIAM E CONKLIN 《International Journal for the Semiotics of Law》2006,19(2):93-125
This essay retrieves Lon Fuller’s theory of language and the role of experience in such a theory. The essay distinguishes meaning from signification. A sign signifies or represents an object. Meaning is experienced before one ever signifies an object. Signification is cognitive. Meaning is bodily. Fuller locates meaning in what Hart excluded from legality as “pre-legal”. In the pre-legal realm, meant objects draw from memories and expectations. The memories may have been personally or collectively experienced. The analysis of rules takes signification for granted, however. When meaning is privileged, we appreciate why interpretation figures importantly in the role of the lawyer/official. So too, shared meanings, ‚located’ in experienced time, explain understanding and communication between members of a group. As a consequence of Fuller’s insights, meaning pre-conditions communication as well as the analysis of the signified rule. Since traditional analytical jurisprudence holds out that lawyers/officials analyse rules, both jurisprudence and the analytic project, Fuller cautions, risk being estranged from the lived meanings of the pre-legal realm. Instead, jurisprudes, lawyers and officials risk locking themselves into a fictitious world of dead concepts which are better known as rules.An earlier draft of this paper was given to the Cambridge Forum for Legal and Political Philosophy, Cambridge UK. I am grateful to the participants for feed-back. I am also grateful for the research facilities of Clare Hall College, Cambridge, where the essay was researched and written, and to the anonymous referees of this journal. 相似文献
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通过介绍有机玻璃的物理性质、机械性能,对受机械载荷作用下破碎裂纹特征进行了实验研究,进而归纳出裂纹形态特征及此类痕迹的检验鉴定的方法. 相似文献
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Wang Ying 《Family Court Review》1992,30(3):296-322
This article describes the Chinese laws of marriage and divorce under the People's Republic of China and traces their historical antecedents. The actual laws are included at the end of the article in the appendixes. Fascinating changes are occurring in China and are documented in this article. 相似文献
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山东半岛地区大学生手长足长与身高关系的研究 总被引:6,自引:1,他引:6
对山东半岛地区1000名汉族大学生的手长、足长和身高进行活体测量。经统计学处理,求出由手长、足长与身高相互推算的回归方程式。相关系数为0.51~0.66,其中男性高于女性。由手长推算身高的回归方程式较由足长推算身高的回归方程式,有较高的相关系数和较低的标准估计误差。 相似文献
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DONALD BOREN 《American Business Law Journal》1985,23(3):451-466
The premises of the bill with respect to consumer bankruptcy are that use of the bankruptcy law should be a last resort; that if it is used, debtors should attempt repayment under Chapter 13, Adjustments of Debts of an Individual with Regular Income, and finally, whether the debtor used Chapter 7, Liquidation, or Chapter 13 … bankruptcy should be effective, and should provide the debtor with a fresh start.1 相似文献
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CHRISTOPHER J. SULLIVAN 《犯罪学》2011,49(3):905-920
This article asserts that the deviant case method offers a potential avenue for enhancing theory directed at explaining crime by using more available information to better connect the process of analyzing cases with that of explanatory refinement and elaboration. This approach has facilitated theoretical development in other social sciences and has proven useful where applied in criminological inquiry. Extant research is reviewed, and an empirical example is presented to demonstrate how this approach might be operationalized in criminological inquiry using quantitative methods. Conclusions relevant to future research are considered. 相似文献