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1.
Nathan Harvill 《International Journal for the Semiotics of Law》2010,23(1):49-60
This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship
to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading
up to the Kelo decision. This paper will first provide an overview of the field of semiotics, describing the prevailing thought and the
methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning
with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has
affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall
private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas
the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental
change in the meaning of the sign/expression “public use.” 相似文献
2.
Francis J. Mootz III 《International Journal for the Semiotics of Law》2009,22(1):11-22
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. 相似文献
3.
Michelle Louise Wirth 《International Journal for the Semiotics of Law》2009,22(1):83-104
This paper provides a brief explanation and illustration of the phenomenon of semiotics. It then describes the conceptual
tools of semiotics and how lawyers can use semiotics in law to create compelling arguments. Last, the paper applies the tools
of semiotics to the Pennsylvania Supreme Court case Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2008), to reveal the shift in social context that made the lines of legal reasoning behind the outcome
appear “self-evident.” 相似文献
4.
Jan M. Broekman 《International Journal for the Semiotics of Law》2007,20(3):223-236
Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate
all issues that reinforce legal reasoning. Even if one is inclined not to justify the power of their words in the context of a democratic theory, one is hardly able to challenge its public acceptance.
But semiotic analyses harden the question whether these emperors wear nothing but robes. That attitude intensifies where medicine
becomes increasingly relevant for legal discourse, as becomes clear where for instance US political viewpoints bring bioethical
issues to the Courts. One major theme in today’s medicine pertains to identity in its psychological, philosophical and social dimensions. Identity thus becomes a groundbreaking semiotic issue in law and medicine; both discourses are particular important to the otherness of the other. A US criminal law case interests here (Harrington
v. State of Iowa, 2003; cited as: 659N.W.2d 509). The case is decided with “information about what the person has stored in
his brain”. A chain of signs is involved: from “brain-function” to “brain-storage” via “brain-scan” to “brain-fingerprint”,
for which the case became famous. A long series of signs and meanings belong here to intertwined discourses. Central is a
particular sign in each discourse: “brain” means brain scan, and “fingerprint” means law! The two display trading mechanisms, which determine the otherness of the other and the self! The chain of signs in the Harrington case shows inter-disciplinarity in law and inter-discursivity among law and medicine. The trading itself underlines the semiotic dimensions in cyberspace, in particular the semiotics of the
virtual (Hayles, Kurzweil) and their effects on legal discourse. 相似文献
5.
In the course of history, the meaning of fa (a Chinese character with an approximate meaning of “law”) has not been invariable,
and its connotation in modern times has been enriched constantly, so as to incorporate many elements of ancient li (ceremony).
If the modern concept of law, already changed and still changing, is to be used to mechanically compare and interpret traditional
Chinese law, misunderstandings might arise. Actually, li and fa are indispensable components of traditional Chinese law, and
the lack of necessary study of the li will prevent us from understanding and explaining the spirit of traditional Chinese
law. In traditional Chinese law, “fa” usually refers to an institutional dimension, especially after Qin and Han dynasties,
whereas li, especially li yi (moral basis for rites and ceremonies), is where the value and spirit of traditional Chinese
law can be found.
Translated from China Social Science, 5th Issue, 2003 in Chinese 相似文献
6.
Elina Staikou 《International Journal for the Semiotics of Law》2010,23(3):283-298
The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance
of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as
the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions,
for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference),
philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend”
in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right
otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships”
at the origin of all law and socius. 相似文献
7.
Christopher Hutton 《International Journal for the Semiotics of Law》2009,22(3):279-292
This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between
sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and
equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this
timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. The related
temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument
is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics
and semiotics to law.
相似文献
Christopher HuttonEmail: |
8.
付立庆 《Frontiers of Law in China》2008,3(4):494-506
Malicious withdrawal from ATM constitutes offence of theft and belongs to “theft from financial institutions”. In case of
“extremely huge amount”, according to China’s Criminal Law, the minimum statutory penalty for the accused is life imprisonment, which is undoubtedly too severe. So far as judiciaries
are concerned, reflection should be made with respect to the relevant legislative provisions. In handling individual cases,
the wisest practice for judiciaries is to refer to the provision of clause 2 of article 63 of the Criminal Law, hence submitting them to the examination and approval by the Supreme Court for mitigation of penalties.
Fu liqing, Ph.D graduate of Peking University (major in the science of criminal law), is now a lecturer at Law School of Renmin
University of China. He once learned at Law School of Tokyo University of Japan (2004.10∼2006.9). His representative works
are Make-up of the Rule of Law, Voice of the Rule of Law, Theory of the Subjective Illegal Elements—Evolving with the center of
intention crime. Meanwhile, he has about 40 articles published in academic journals. His recent research is in the field of theoretic re-construction
of the constitutive crime elements and the application of interpretation method on criminal law, etc. 相似文献
9.
Jamie Murray 《International Journal for the Semiotics of Law》2006,19(2):127-151
This article orientates Deleuze & Guattari’s pragmatic semiotics towards a semiotics of law. This pragmatic semiotics is explored, and directly related to the theory of emergence and complexity that is also a key feature of Deleuze & Guattari’s work. It is suggested that the development of these aspects of Deleuze & Guattari’s thought in relation to law allows the contours of a noological legal theory to be sketched out. Noology is the study of images of thought, their emergence, their genealogy, and their creation. A first exploration of this noological legal theory is then carried out by the conceptualisation of nome law as the first emergence of law as theorised by Deleuze & Guattari in the plateau “1837: Of the Refrain” from “A Thousand Plateaus”. This is a conceptualisation of law’s emergence in a far-from-equilibrium palaeolithic hunter-gatherer pack, and contrasts to accounts of law’s origin in a founding violence or mythical contract. It is the ‘big bang’ of legality, and the opening up of a first image of legality, problematic of social organisation, and anthropomorphic knowledge space. 相似文献
10.
Piyel Haldar 《International Journal for the Semiotics of Law》2011,24(3):291-306
This essay examines the iconography and role of animals in medieval and early modern bestiaries. In being without original
sin “God’s creatures” were deemed proximate to divine perfection and to salvation. Animals, whether symbolic or actual, both
instructed man’s moral behaviour and ushered man towards salvation. Bestiaries, it will be argued, are keys to understanding
how modern law would eventually co-ordinate itself in relation to the concept of a future salvic moment. 相似文献
11.
Christopher P. Wilson 《Crime, Law and Social Change》2005,43(2-3):175-198
The essay is an interdisciplinary examination of the popular American tradition of organized-crime narratives based on the
testimony of criminal informants. Primarily, it examines the most prominent current instance of this tradition: a book entitled
Black Mass: The Irish Mob, the FBI, and a Devil's Deal (2000), depicting the recent scandal involving James “Whitey” Bulger. While this book is often received as a contemporary
exposé of the ethical perils of informant use in combating organized crime, it actually reiterates the chronic interpretive
pitfalls of more traditional “gangland” informant narratives like Murder, Inc. (1951) or Peter Maas's The Valachi Papers (1968). Black Mass's adoption of a classical “noir” literary form, meanwhile, imports certain traditional assumptions that often make these popular
narratives immune to recent academic revisions: assumptions about the “Fordist” character of criminal organization, about
the uncanny but invisible skills of modern ethnic gangsters, and about the relationship of the state to organized crime.
Portions of this paper were presented at a conference hosted by the University of Chicago in May 2004: “Constructing the Current:
Theorizing Media in a New Millennium”. 相似文献
12.
Andrew Halpin 《European Journal of Law and Economics》2011,31(1):91-109
In this contribution I focus on a particular characteristic of Ronald Coase’s work, as exhibited in “The Problem of Social
Cost”: his ability to force upon his audience a clearer grasp of reality than they previously held. More specifically, I aim
to consider to what extent the “blackboard economics” that Coase himself derided have been avoided in a Coasean world, taking
that expression to refer in some sense to a world where Coasean insights can flourish, and as such to be a world not simply
of Coase’s own making but a world that has been developed by others in applying the Coase Theorem. My strategy is to interrogate
the nature of a Coasean world through developing a framework that can look more closely at different approaches to theoretical
modelling, the different worlds involved in these models, and the different positive and normative applications that can be
derived from them. I shall further consider whether the understanding of the law that inhabits a Coasean world reflects a
“real-world” legal environment. Finally, I shall seek to assess the impact of Coase’s work on our understanding of the relationship
between law and economics, in our world. 相似文献
13.
Mingxiang Liu 《Frontiers of Law in China》2011,6(3):369-386
Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and
virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit
and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic
payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely.
“Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal
cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit
card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent
named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than
that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,”
which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law. 相似文献
14.
Douglas Osto 《Journal of Indian Philosophy》2009,37(3):273-290
This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings
of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked
a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.” 相似文献
15.
J. D. Shepherd 《Criminal Law and Philosophy》2012,6(1):31-45
In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as
its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization. By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content.
This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy:
the derogation by states of an individual’s human rights under specified conditions has certain similarities to the punishment
by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of
defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting
the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to
the exchange between theories of human rights and the criminal law. 相似文献
16.
In recent years the cases of blog infringement are on the increase, attracting more attention from all walks of life. The
author provides a preliminary discussion on the status, elements, and judicial finding of blog infringement, as well as civil
liabilities for blog infringement, in the hope of contributing to the research and legislative regulation of blog infringement.
Fang Yiquan is a professor and postgraduate supervisor of Law School of Wenzhou University, and a legal adviser of Wenzhou
Municipal Government, whose main researches focus on civil law, commercial law and educational law. Professor Fang has been
chosen as one of the “151 Talents of the New Century” of Zhejiang Province, one of the “Ten Outstanding Youths” in Wenzhou
city, a “Prominent Educator” in Zhejiang Province. His scientific research achievements have received prefectural, provincial
and ministerial rewards for over ten times. He has presided ten projects funded by the Humanities & Social Sciences of the
Education Ministry of China and the Philosophy and Social Sciences of Zhejiang Province. He has released over 60 articles
in academic law journals, such as Politics and Law Forum, Jurists Review, etc. His monographs include Compensation Liability of Student Injury Incidents, Research on Legal Problems of Campus Infringement, etc. 相似文献
17.
Zhiyun Liu 《Frontiers of Law in China》2011,6(3):496-523
From the origin, there has been a strong connection between international relations and international law. In the development
of the history of different academic subjects, the research on international relations and international law are interdependently
promoting each other. As a result, the realization of interdisciplinary research on international legal theory and the study
of international law is inevitable. As a matter of fact, even though the interdisciplinary research of the two subjects has
been separated for almost half a century, the need for the development of the subject and the changing world political and
economical status give them a new chance for reunification. Recently, the interdisciplinary research on international relations
theory and international law by the Western academic is becoming the order of the day, which has become the latest shining
point of the recent development of the two subjects, which is even regarded as the new revolution of international relations
theory and the study of international law. In this context, the past ten years is a period of emergence of Chinese international
relations and the interdisciplinary research of international law. In the past ten years, some scholars have overcome “the
difficulty of interdisciplinary research,” “the prejudice within the subject” and “the gap among different subjects,” and
made pioneering research in the field of “systematic connection” and “issues in overlapping field.” Moreover, they gradually
make the interdisciplinary research to be a popular method and a common recognition. Based on the current studies, interdisciplinary
research will have a broad future in the fields such as “the interchange of concepts,” “the exchange of method,” and “the
mutual assistance of materials,” which will provide scholars in this area with a broad space for research. 相似文献
18.
Vincent Chiao 《Criminal Law and Philosophy》2010,4(1):37-55
Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted
requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference
in the “moral character” or “intentional structure” of intended versus non-intended harms. I argue that there are reasons
to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal
responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the
“continuity thesis,” according to which attempts are functionally continuous with endangerment offenses: both are legal efforts
to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference
between attempt and endangerment in principle, no matter how they are labeled in law. 相似文献
19.
This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of “truth” and “lie,” terms about which they are quizzed to qualify as competent to testify.
Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the
“truth” or “a lie,” label T/F statements as “good” or “bad,” and label “truth” and “lie” as “good” or “bad.” The youngest
children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children
performed similarly across the tasks. Most children were better able to evaluate “truth” than “lie.” Maltreated children exhibited
somewhat different response patterns, suggesting greater sensitivity to the immorality of lying. 相似文献
20.
Shachar Eldar 《Criminal Law and Philosophy》2012,6(2):207-225
Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the
offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations
adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized
by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging
initiative from below. They are found in criminal organizations such as the American Mafia, the Japanese Yakuza, and even
outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,”
this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft, and conspiracy. 相似文献