Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Analyzing the major components of law and legal procedure across both common and civil law, this book reveals how legal conversation on the `street' contributes to our understanding of law as well as our democratic citizenship. Jan M. Broekman and Frank Fleerackers consider the impact of multiculturalism and the threat of terror on our impressions of legal conversation and the importance we place upon it, arguing that anarchism and legalism are hostile neighbors sharing many themes and motives. Exploring the meaning and sense of the concept of `street' in ancient and modern times, the authors pose the question: is law just a discourse or should it be classified as one of the major narratives in human life? Unique and discerning, this book will appeal to anyone interested in the language of law. Legal educators will find their scope broadened whilst researchers, activists and politicians will find themselves captivated by the focus on social activism and citizen motivation.

Originally published in English in 1984, this collection of essays documents a dialogue between phenomenology and Marxism, with the contributors representing a cross-section from the two traditions. The theoretical and historical presuppositions of the phenomenology inaugurated by Husserl are very different from those of the much older Marxist tradition, yet, as these essays show, there are definite points of contact, communication and exchange between the two traditions.

The 'law-language-law' theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Focusing on the multilevel phenomenon of 'speech', Jan M. Broekman explores the history of this theme, from the West-European Middle Ages, through to today s globalization. Existing philosophical concepts are studied for their views on 'alter', other and otherness in speech, alongside scientific approaches including 'semiotics', 'structuralism' and, in particular, 'legal consciousness'. This state-of-the-art book unveils today s problems with the two faces of language: the analog and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life. Innovative and explorative, Rethinking Law and Language will be of value to law scholars, social scientists and psychologists alike. The investigation of professional language and the impact of digital communication on social relations will also appeal to judges and other officials as well as politicians

Originally published in English in 1984, this collection of essays documents a dialogue between phenomenology and Marxism, with the contributors representing a cross-section from the two traditions. The theoretical and historical presuppositions of the phenomenology inaugurated by Husserl are very different from those of the much older Marxist tradition, yet, as these essays show, there are definite points of contact, communication and exchange between the two traditions.

This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages', Derrida's, Von Hofmannsthal's and Wittgenstein's explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a word is globally qualified as 'the basic unit of language'. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing 'particle story'. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter's theme: for instance on the meaning of a Judge's 'Saying for Law', on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity.

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume.

This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages', Derrida's, Von Hofmannsthal's and Wittgenstein's explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a word is globally qualified as 'the basic unit of language'. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing 'particle story'. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter's theme: for instance on the meaning of a Judge's 'Saying for Law', on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity.

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume.

This book examines the progress to date in the many facets - conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation.

This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take.

A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences, as well as those who are interested in the interdisciplinary dynamics of law and semiotics.

This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 - 2011 at Penn State University's Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as "sign", "symbol" or "legal language," demonstrate how a lawyer's professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can "say the law," or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.

Jan M. Broekman> studied Philosophy, Law and Pedagogic in The Netherlands and in Germany, was Ordinary Professor at the Universities of Leuven (Belgium) and Amsterdam (The Netherlands) and is momentarily Distinguished Visiting Professor of Law at the Penn State Dickinson School of Law, and is Member of the Board of MIIL Corp., New York. He authored more than twenty books on Philosophy, Law, Education and Cultural Studies and numerous articles in scientific Journals in various languages. Michael H. Foox studied Social Sciences and Pedagogic in Tel Aviv, Leuven, Amsterdam and London. He is currently the CEO of MIIL Corp., New York, the Multimedia Institute for Interactive Learning. He is a profiled educator with a passion for 'interactivity' and the creator of the AIMT methodology, pursuing the Activating Interactivity of the Mind goals. He furthermore developed "E-educative project based learning" methodologies together with innovative teaching facilities. Dr Foox authored several books and articles on E-education and promotes this type of education beyond daily life in school. Broekman and Foox wrote the 2004-2006 Four Volume work "Principles of E-education" and the 2006 "E-education and the Web."

This Brochure on E-education, Nr. 1, focuses the Web in education, in particular E-education (Electronically Enhanced Education). The text accomplishes many thoughts and observations laid down in the four 2004-2006 Volumes on The Principles of E-education. E-education could not emerge without the Web as an icon for electronic communication and technique. Together with the Net, cyberspace's concepts shaped major domains of modern society, including norms as well as thought patterns and behaviors. E-education covers one of the most influential cultural complexities-intergenerational transference-and is by no means identical with the Web or the Internet. This is one of the interesting perspectives of the Brochure.

Students and teachers who experience 'being online', and develop a positive attitude in that regard, are not unbalanced involved in or even enslaved by the Web. E-education integrates Web elements, its data and its Internet provisions with non-electronic devices. Those form a specific Education Environment that sustains the acquiring of a variety of skills, insights and attitudes, which are ultimately the outset of a well-educated citizen. Their establishment of Intranet Sites is a special form of using the Web, with many guarantees not to become involved in the Internet mediated Web vices. The brochure explains how parental fears that their kids will via E-education automatically enter problematic sites, spend time in Internet-driven chat boxes or mail systems, or operate Internet-related handhelds with inappropriate films and texts, are misled in not appreciating the difference between an education Intranet and the Web-related Internet.

This book refers to the latest insights in Electronically Enhanced Education (E-education) and highlights the importance of interactivity as an overarching principle in citizenship and education practices. Interactivity has thus determined the title of this book, which introduces specific narratives, explains and analyzes them and describes the correlative practices of E-education. Depressions, worries, disturbing clinical pictures such as Parkinson or Autism, which threaten the coherence of the social web, are analyzed and related to the principles and practice of E-education under the umbrella of a changing citizenship with new insights in social sciences and neurology. As a result, the book presents an encyclopedic approach to recent E-education. It emphasizes how the word 'education is not solely a word, a concept or a political reality, but how it is primarily a form, which supports our interpretation and understanding of the facts of contemporary life. E-education provides a new framework for such interpretations and focuses their understanding by our future generation.

This book highlights how conversion via communication is one of the most important issues in legal thinking. A major aspect is its link with language - legal texts, judgments, opinions and legal concepts included. Further, conversion is connected to all social positions in law. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist. A continuously changing integration opens up to his views on reality as it presents itself incessantly. Law and its functionaries are in a never-ending process of change in all domains of culture, which mark the 21st century. Conversions thus concern the riddle of wisdom and automatism, of individual privacy and social fixations, of philosophical considerations and converting flows.

All knowledge is always a matter of change, as this book underlines. All knowledge links You and Me to Reality. This process of positioning cognition has become heavily influenced by conversion. Its cultural background is in this book named 'the New Plural': a worldview based on combinations of Analog, Digital, AI and Quantum understandings of reality. The New Plural, combined with in-depth observations on the Subject in new forms of knowledge formation, forms the background theme of the book. To understand the Subject as defined in past centuries, like Kant's so-called 'split ego' or Voegelin's 'flow', are outlined together with Husserl's 'phenomenology of ego-positions'. Today, one encounters the Subject transformed into a Self with other forms that replace the traditional Subject and its position. The dynamics of the Self are therefore broader than any Selfie can picture. What the book calls 'the Self in digital culture' and for what it introduces the name Self-E, is therefore essential for a semiotic observation of all actual patterns and practices of communication. The decentering of the Subject changed human cognition. The book introduces 'The 3-S Triad' (composed of the 'Subject-Self-Self-E'), which has taken the place and functions of the classical Subject and its dynamics. Cognition has assumed a different position in the heart and mind of every human being. At the same time, the influence of 'The New Plural' has grown, making digital thought formation the leading pattern and foundation of today's knowledge. That different view on human identity made knowledge as understanding and its traditional grasping disappear. All fragments of planetary life were subjected to a newly conceived and often digitally anchored fitting. That forms one of the most powerful and global challenges to the human mind. What if we conclude about climate change that our knowledge fits the problems concerned? The book's final pages outline an epistemological path through such complex zones of knowledge! But its broad and encompassing background question remains, what the concept of change really means when it is challenged to clarify the topic we name climate change.

This engaging book examines the origins and first effects of the concept 'legal semiotics', focusing on the inventor of the term, Roberta Kevelson (1931-1998). It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson's work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet the story of her work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson's hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson's position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars.

This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 - 2011 at Penn State University's Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as "sign," "symbol" or "legal language," demonstrate how a lawyer's professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can "say the law," or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
"

This book examines the progress to date in the many facets - conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation.

This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take.

A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences, as well as those who are interested in the interdisciplinary dynamics of law and semiotics.

die Behandlungsweise kann jedoch sehr verschieden sein. Diese letztere charakterisiert nicht nur eine bestimmte Auffassung von Philosophie, sondern ebenso den Philosophen, der sie anwendet. In dem Sinne ist jede Eroerterung eines philosophischen Gedankens zugleich eine bio- graphische Notiz. Der erfahrungswissenschaftliche Charakter der in diesem Band ge- sammelten philosophische Gedankengange entstammt zu einem er- heblichen Teil der Kenntnisnahme der (ursprunglich amerikanischen) Kulturanthropologie. Ihr Schoepfen aus den Initiativen der alther- koemmlichen Ethnologie wie auch aus der vergleichenden Voelkerkunde hat, zusammen mit dem fruchtbaren " field-work", auf einer anthropo- logischen Basis neue und neuartige Erfahrungen uber den Menschen hervorgehoben. Dadurch ist mehr als ein blosses Kooperieren von Philosophie und Wissenschaft gewachsen: hier hat sich der Charakter des Philosophischen selbst gewandelt. Diese Kooperation, ja vielmehr tiefgreifende Verschrankung ist ein Merkmal moderner Philosophie. Besonders im Denken von Hermann Wein ist dieses Charakteristikum zu einem fruchtbaren philosophischen Ausgangspunkt geworden. Das ware sowohl fur seine philosophisch-anthropologischen wie auch fur seine sprachphilosophischen Eroerterungen nachzuweisen. Eben in der Abschatzung und Durchdenkung jener Bereiche bekommt die Idee der Erfahrung ihre Gestaltungskraft. Als Grundmotiv ware diese Idee zu betrachten - nicht als ein regelmassig wiederkehrender Hinweis oder die Formulierung irgendeiner Wunschbarkeit in philosophicis. Betrachtet man unsere Philosophie der Gegenwart, so ergibt sich, dass ein solcher Ausgangspunkt ausser in anthropologischen und be- stimmten sprachphilosophischen Erwagungen auch in ethischen Frage- stellungen fruchtbar geworden ist - wir weisen auf die amerikanischen und anderen

W ohl selten ist das Bild iiber das Werk eines zeitgenossischen Philosophen so1chen Wandlungen ausgesetzt gewesen, wie dies bei Edmund Hussed der Fall ist. Mit der zunehmenden FiiUe der Hussediana werden neue Aspekte den traditionellen Gesichts- punkten hinzugefiigt. Keiner vermag genau zu sagen wie das Ganze einmal aussehen wird. Diese Tatsache steht aber der Moglichkeit einer Interpretation nicht im Wege. Vielmehr bereichert sie jede Auseinandersetzung mit einem gliicklichen Zug des Vorlaufigen; jede Diskussion wird ein fruchtbares Wagnis. Das entspricht ganz und gar der Lebenshaltung des Urhebers der transzendentalen Phanomeno- logie. Noch gegen Ende seines Lebens stand Edmund Hussed unter dem iiberwaltigenden Eindruck der vielen und vielver- sprechenden moglichen neuen Anfange in der Phanomenologie. Hoffentlich nimmt der Abschluss der sich jetzt im Gang befin- dcnden editorischen Arbeiten, der einmal kommen muss, diese grundsatzliche Offenheit nicht von uns. Vielleicht sind wir in einer gliicklichen Lage: wir, die wir jetzt schon durch den rein ausserlichen Zustand von Husserls eigenem Schrifttum immer wieder an dieses Wesentliche seines Denkens erinnert werden. Transzendental-phanomenologisch Denken heisst neu Anfangen lernen und verstehen, was es bedeutet, auf dem Wege zu sein. Dies diirfte der Nachweis ihres wahren philosophischen Gehaltes sem.

The general aim of this book is to discuss a number of important and interrelated issues in life of modern man in medicine and the law. That discussion is not only on material aspects of those issues but also on the forms of knowledge which enable us to develop the relevant arguments and to cope with related experiences in everyday life. These issues are on the whole understood in terms of the 'law-medicine relationship' or the 'law and medicine interface'. However, a reflexion on the philosophical and cultural basis of those expressions shows the shortcomings of that appraoch and the need for an understanding of that relationship in terms of intertwining discourses.