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Even if Peirce were well understood and there existed. general
agreement among Peirce scholars on what he meant by his semiotics,
or philosophy of signs, the undertaking of this book-wliich intends
to establish a theoretical foundation for a new approach to
understanding the interrelations of law, economics, and politics
against referent systems of value-would be a risky venture. But
since such general agreement on Peirce's work is lacking, one's
sense of adventure in ideas requires further qualification. Indeed,
the proverbial nerve for failure must in any case be attendant. If
one succeeds, one has introduced for further inquiry the strong
possibility that should our social systems of law, economics, and
politics---our means of interpersonal transaction as a whole-be
understood against the theoretical back ground of a dynamic,
"motion-picture" universe that is continually becoming, that is
infinitely developing and changing in response to genuinely novel
elements that emerge as existents, then the basic concepts of
rights, resources, and reality take on new dimensions of meaning in
correspondence with n-dimensional, infinite value judgments or
truth-like beliefs which one holds. If such a view, as Peirce
maintained, were possible and tenable not only for philosophy but
as the basis for action and interaction in the world of human
experience and practical affairs, one would readily say that risk
taking is a small price for the realization of such possibility."
However, it became apparent shortly after the establishing of the
Center that not only were all methods of legal semiotics not
Peircean in origin, but were in their respective foundational
assumptions not likely to be compatible with Peirce's semiotics
without some radical, transforming development of the idea, 'legal
semiotics'. It was clear that if one would intend to be faithful to
Peircean semiotics then holding a fixed notion of what an idea of
Peircean semiotics of law means would be a violation of the spirit
of Peirce's thought; this above all emphasizes the growth and
development of initiative ideas and also the stricture that all
leading principles must be subject to revision. Even the idea of
Peircean semiotics, as leading principle, must itself be an open
idea, the meaning of which must be transformable through the
process of defining it. A metasemiotics view of a semiotics of law
must leave open the possibility for revision of the leading
principle of the term, "legal semiotics. " Therefore, if legal
semiotics is an idea which accumulates and evolves its meaning in
the very process of self-examination, then a process of
investigating law investigates itself as well in any semiotic
process of inquiry. It became apparent that the most appropriate
contribution the Center could make to the area of a Peirce an
semiotics would be to act as a sponsor, an inclusive rather than
exclusive agent for inquiry of all kinds into the general topic of
law and semiotics.
of those problems in law which we inherit and/or retrieve in order
to reconstruct and interpret in the light of legal semiotics,
however defined. In addition to three main areas of underlying
metaphysical assumptions there are also three main areas of
possible editorial focus and these should be mentioned. The three
areas of focus are: 1) the state-of-the-art of legal semiotics; 2)
the dynamic, intense and exceptionally interactive quality of
conference participation, and 3) the content of the papers
presented which is the material of this volume. My choice of this
triad of focal possibilities is to exclude the last since the
papers speak for themselves and need but a brief reportorial
caption. I also eliminate the second possible focus as the main
focus since the discussion was not taped for editing into this
volume and must remain for all those who participated a quality of
scholarly meetings to be remembered, savored and hoped for. My main
focus is on the "state-of-the-art" of legal semiotics. II At the
conclusion of the First Round Table on Law and Semiotics (1987) it
was noted that there were no working paradigms, in Kuhn's sense,
that thus far emerged but rather that several problematic areas
were disclosed which warrant attention. Therefore the first concern
of Legal Semiotics should be to address the surface, i. e.
Discussions of both semiotics and ritual have undergone a
fundamental reorientation over the past several decades.
Traditionally, both were east in a cognitivist vocabulary in which
what is known is regarded as primitive and what is done is treated
as behavior scripted by knowledge. When treated in this way,
semiotics reduces to studies of the encoding and decoding of
messages and ritual studies to articulations of the mythic content
imbedded in ritual practices.The inadequacy of a cognitivist
vocabulary for these purposes has recently been argued by
researchers who mounted historical studies of both sign systems and
ritual practices. These studies flesh out an alternative,
non-cognitivist vocabulary. According to this approach primacy is
to be accorded to process over structure, to practice over
knowledge, to ritual over ideology. A non-cognitive approach has
not only invigorated both ritual studies and semiotics, but has
also uncovered mutual dependencies that have previously escaped
attention. In many respects, sign systems alternatively emerge
ritual practices and in turn transform ritual practices in
fundamental ways. The essays in this volume explore some of the key
aspects in which rituals and sign systems form, interact,
reinforce, transform and interpret one another, especially in the
context of legal institutions.
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