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Bert C.G.J. van Roermund, "Legislative voices.
A Rousseauist Note on Legal Pluralism", in Hanneke van Schooten, ed.,
Semiotics and Legislation. Jurisprudential,
Institutional and Sociological Perspectives, 109-121: How many voices
are to be heard when the democratic legislator speaks? Some will say: one.
Others will say: countless. This paper argues: two. From a philosophical
point of view, the thesis that the legislator speaks with two voices is
the only feasible account of legislation, as well as of what is sometimes
called legal pluralism. First, I briefly sketch the semiotic problem of
'voices' in legislation; how it relates to the issue of 'legal pluralism',
and to both the lawyer's and the sociologist's answers to my initial question.
Then I will turn to Rousseau who, in his Social Contract (1762), confronts
us with the picture of two legislators - the sovereign and the genius -entertaining
a most curious relationship in order to bring about a well-established state
under the rule of law. I will try to show that his doctrine of popular sovereignty
implies a new account of government; an account that entails, on the basis
of a semiotic analysis of reflexive self-reference, the two-pitched legislative
voice which I think can solve the conceptual problem bound up with 'legal
pluralism'. e-mail: G.C.G.J.vanRoermund@kub.nl
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