Gaps in the Law Fulfilled with Meaning: A Semiotic Approach for Decoding Gaps in Law

Semiotics provides the tools for studying the process of decoding law, one of the most important tasks in the daily work of courts. The semiotic review of juridical interpretation and gap filling concludes that in juridical and semiotic methodology the same question—how a norm is interpreted—is answered from different perspectives. According to the semiotic model proposed in the current paper, juridical interpretation can be structured into three levels: intra-, inter- and supranormative sign-process. For legal theory semiotics can highlight the similarities in the interpretation of norms and gaps. In gap filling the iconic, indexical and symbolic relations compensate for the missing of intranormative semiosis. The applicability of the proposed model is tested on an example of case law. Semiotic investigation of the judgements of Supreme Court of Estonia and European Court of Human Rights shows that semiotics gives a well structured picture of the juridical interpretation process.