The legal semiotic modus operandi
Names
pp. 207-215
in: , Lawyers making meaning II, Berlin, Springer, 2013Abstract
The word semiotics comes from the Greek seme for 'sign", so that semiotics should be understood as "the science of signs", which always comes with parallels like symbols, meanings or significations. Modern literature shows a rich use of the term, as do social sciences and since almost a century also law. Anglo-Saxon legal theory emphasizes implicitly that any founding norm is in essence a semiotic power, but that power is not recognized as such in legal practice: practitioners suggest that "facts are as they are" and that the world of facts "is not made by lawyers, who only have to judge what is unfolding before their eyes". So, lawyers do not to cultivate awareness about the multiplicity of meanings inherent to the legal job. Also legal theory does not display semiotic sensitivity: concepts such as meaning, sign and signification remain subordinated to rules and/or principles. Such insights show that legal education (on both sides of the Atlantic) needs to be completed with knowledge and understanding of semiotics in law and legal discourse. Roberta Kevelson contributed to this development. Lawyers are unaware of the semiotic impact of their thoughts and profession, as law students as well as Molière's figure Mr Jourdain confirm.