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Bernard S. Jackson, "Truth or Proof: The Criminal
Verdict", International Journal for the Semiotics of Law / Revue
Internationale de Sémiotique Juridique Vol. XI no.33 (1998),
227-273: In the light of current controversies in the English-speaking world,
this article offers a semiotic analysis of the meaning of the "not
guilty" verdict (professionally constructed as relating only to proof),
and compares the understanding of the "guilty" verdict (which
even professionals construct as making truth claims). The public policy
argument is compared to a jurisprudential debate (Kelsen, Bulygin) about
the status of facts proved in the legal process and related to philosophical
discussion of the nature of "truth". A central, underlying issue
is the relationship between language and "reality", so often discussed
in semiotics as a problem of conceptualising "reference". Though
the emphasis here is on the construction of "concepts" ("guilty",
"not guilty"), so that the semiotic analysis focuses largely on
the "paradigmatic" axis of signification (that of the semiotic
square), it becomes apparent how closely related are the differences in
concept construction to the pragmatics of discourse: who is constructing
the concepts, and for what purposes. Behind such concept formation, I suggest,
there reside implicit narrativisations of pragmatics. The argument is illustrated
by reference to the problems surrounding a recent English cause célêbre,
the investigation of the murder of Stephen Lawrence. e-mail: Bernard.Jackson@man.ac.uk
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