Abstract
The three godfathers differ in scholarship, philosophy, cultural backgrounds and types of insights. All have a peripheral knowledge and experience of law, but greatly delivered to the lawyer’s toolkit because they focused on language, the major instrument of lawyers. Peirce’s interest and feeling for law has been underestimated. Greimas was interested in law because law-as-text could serve as an object for his discourse analyses Lacan excelled in understanding the metaphoric essence of the concept of law in human affairs. Greimas was interested in a grammar of narratives and discovered in that context a finite number of functional themes, which could be placed in binary opposition and be noted by means of systematically placing and replacing squares that represent those themes. Any transference of semiotics into functionalism would alienate the semiotic enterprise and loosen ties with the sign-concept. The process of meaning making has priority in all situations. Linguistics, including semiotics, has a power that transcends language itself, and provides knowledge of its own structures, which in their turn leads to knowledge of reality in and of itself.
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Notes
- 1.
J. Lacan: Écrits. A Selection. London, Tavistock 1977, p. 230 f.
- 2.
S. Freud: “Zur Einführung des Narzissmus” in: Gesammelte Werke, Werke aus den Jahren 1913–1917, Imago London 1960 p. 142 f.
- 3.
W. Blankenburg: Der Verlust der natürlichen Selbstverståndlichkeit, F.Enke Verlag, Stuttgart 1971, p. 98 ff.
- 4.
Göran Sonesson, “The Globalisation of Ego and Alter. An essay in Cultural Semiotics,” Semiotica 148:153–73, 168, 169 (2004).
- 5.
E.g., Rainy Sky S.A. and others v Kookmin Bank [2011] UKSC 50 (U.K. Supreme Court held that courts were to resolve issues of textual ambiguity in contracts by adopting the meaning which is consistent with commercial common sense is to be preferred).
- 6.
Betty Hart & Todd R. Risley: Meaningful Differences in the Everyday Experience of Young American Children. Brooks Publ. Co, 1995, and: The Social World of Children Learning to Talk, Brooks Publ. Co, 1999.
- 7.
Fisch Op. Cit, p. 442.
- 8.
Cf. Larry Catá Backer, “Chroniclers in the Field of Cultural Production: Interpretive Conversations Between Courts and Culture”, 20 Boston College Third World Law Journal 291 (2000); and: Larry Catá Backer, “Retaining Judicial Authority: A Preliminary Inquiry on the Dominion of Judges,” 12 William & Mary Bill of Rights Journal 117 (2003).
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Broekman, J.M., Backer, L.C. (2013). Lacan: The Semiotics of Law’s Voices. In: Lawyers Making Meaning. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-5458-4_6
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