简介
Legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. In response to new problems, changing power structures, changing societal norms and new faces of injustice established doctrines are reconsidered, reformulated and partly replaced by competing doctrines and hypotheses. Given the relative indeterminacy of law, it is no surprise that the problem of interpretation has always been one of the focal points of attention for legal semiotics. Who has the power to define words and concepts? Who can successfully assume the power to speak on behalf of the legal community? Which methods are used to justify the power to define? This book discusses the questions mentioned above from three, related perspectives: Legal theory (Part I). This part discusses how more traditional approaches have dealt with the problem of legal interpretation and indeterminacy, questions the methods applied in traditional legal theory and offers new theoretical tools to understand the problem of legal interpretation. Judicial reasoning (Part II). The insights discussed in Part I are refined using legal semiotics, speech act theory and rhetorics and applied to the legal reasoning of courts and tribunals either in common law and civil law traditions. Application of law in politics and diplomatic practice (Part III). Traditionally, the study of legal reasoning has focussed on the application of law by courts and tribunals. However, legal reasoning also takes place outside the courtroom and takes up in the political and diplomatic arena. Who is included and excluded by particular conceptions of law? How does law deal with the phenomenon of interculturality? "Combining theoretical inspiration with a keen interest in case law, this volume will appeal to scholars and students of legal theory, jurisprudence, legal anthropology, postcolonial studies, indeed to anyone who鈥檚 interested in problems of interpretation in legal and political theory and practice. It should also come in very handy in the classroom." Ronnie Lippens, Professor of Criminology, Keele University.
目录
Front matter 3-82
Part 1 / Legal Theory 3-82
Front matter 3-20
Law as Fact, Law as Fiction
A Tripartite Model of Legal Communication 21-47
Lexical Indeterminacy
Contextualism and Rule-Following in Common Law Adjudication 49-63
Topical Jurisprudence
Reconciliation of Law and Rhetoric 65-82
Legal Speech Acts as Intersubjective Communicative Action 85-137
Part 2 / Judicial Reasoning 85-137
Front matter 85-108
Who needs Fact when you鈥檝e got Narrative? The Case of P,C&S vs. United Kingdom 109-120
Taking Facts Seriously 121-137
Transforming Ambiguity into Vagueness in Legal Interpretation 141-204
Part 3 / Application of Law in Political Practice 141-204
Front matter 141-168
The Inclusive/Exclusive Nation
Blacks and Indigenous Peoples in the Construction of the Nation in Colombia 169-193
Global Values and Floating Borders in the Brazilian Amazon 195-204
Landmarks for Aboriginal Law in Australia 205-205
Back matter Back matter
Part 1 / Legal Theory 3-82
Front matter 3-20
Law as Fact, Law as Fiction
A Tripartite Model of Legal Communication 21-47
Lexical Indeterminacy
Contextualism and Rule-Following in Common Law Adjudication 49-63
Topical Jurisprudence
Reconciliation of Law and Rhetoric 65-82
Legal Speech Acts as Intersubjective Communicative Action 85-137
Part 2 / Judicial Reasoning 85-137
Front matter 85-108
Who needs Fact when you鈥檝e got Narrative? The Case of P,C&S vs. United Kingdom 109-120
Taking Facts Seriously 121-137
Transforming Ambiguity into Vagueness in Legal Interpretation 141-204
Part 3 / Application of Law in Political Practice 141-204
Front matter 141-168
The Inclusive/Exclusive Nation
Blacks and Indigenous Peoples in the Construction of the Nation in Colombia 169-193
Global Values and Floating Borders in the Brazilian Amazon 195-204
Landmarks for Aboriginal Law in Australia 205-205
Back matter Back matter
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