Linguistique de l’écrit

Revue internationale en libre accès

Livre | Chapitre

187912

Semiotics in legal theory design

Jeffrey A. Ellsworth

pp. 129-151

Résumé

Legal discourse unfolds with the authority to control the behavior of the members of community regarding the topic of the discourse called law. This master discourse consists of a complex system of signs, functioning through self-reference of the system's signs. Such a system operates autonomously of the environment within which it functions, as the thesis of law-as-autopoiesis shows (Luhmann, Teubner). That position forms an interesting contrast with positions of Hart or Dworkin. However, law observes and responds to its environment, which consists of the community's political morality, because although the system functions autonomously, the system's existence depends upon legitimacy bestowed by the community. This legitimacy is granted while the system mirrors the political morality. Semiotics allows for the study of these evolving signs of which the law is composed, as well as the ways in which the legal system utilizes these signs as the system autopoietically perpetuates.

Détails de la publication

Publié dans:

Broekman Jan, Mootz Francis J. (2011) The semiotics of law in legal education. Dordrecht, Springer.

Pages: 129-151

DOI: 10.1007/978-94-007-1341-3_8

Citation complète:

Ellsworth Jeffrey A., 2011, Semiotics in legal theory design. In J. Broekman & F. J. Mootz (eds.) The semiotics of law in legal education (129-151). Dordrecht, Springer.