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Bernard S. Jackson, "Legislation in the Semiotics
of Law", in Hanneke van Schooten, ed., Semiotics
and Legislation. Jurisprudential, Institutional and Sociological Perspectives,
5-26: This paper seeks to develop further the claim that the legal system
comprises a series of interacting "semiotic groups". In the broadest
of terms, the definition of a semiotic group is a group which makes sense
(here, of law) in ways sufficiently distinct from other such groups as to
make its meanings less than transparent to members of other groups without
training or initiation. All aspects of sense construction may, in principle,
contribute to the judgment that a particular group is distinct. Many studies
of the language of law have focused upon lexicon (vocabulary) and syntactic
structures as characterising legal language, and as creating a barrier between
lawyers on the one hand and the public on the other. In this paper, I suggest
that a focus on the pragmatics of legislation is equally important; indeed,
it may well be at this level that differences between distinct semiotic
groups operating within the law are more readily analysed. The problem of
the semiotics of legislation is thus not to be conceived as restricted to
the problem of the transmission of the content of legislation. It also includes
messages regarding the force, status and "quality" of the legislation.
But such notions as force, status and "quality" are not inherent
in the text (semantics) of the legislation; rather, they derive from different
aspects of the use of the legislation (its pragmatics). In thinking about
the problems of transmission of legislation, we neglect changes in the pragmatic
context at our peril. The paper considers, inter alia, the relationship
between the semantics and pragmatics of legislation in "simple"
societies; the differences in modalities (including aesthetics) applied
to legislation in different discourses; differences in the constructiom
of its binding force; and differences in the construction of its authenticity.
On this last point, a more detailed account of the position in the U.K.
may be found in my recent article: "Who Enacts Statutes?", Statute
Law Review18/3 (1997), 177-207. e-mail: Bernard.Jackson@man.ac.uk
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