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Gordon E. Whitney, "The Legality
of Human Rights, Viewed as a Higher Order Dynamic Interpretant", International
Journal for the Semiotics of Law / Revue Internationale de Sémiotique
Juridique Vol. V (1992), 229-247: This paper shows how Peirce's dynamic
interpretant captures the idea of living law. A collection of legal rules
such as rights protected under the European Convention of Human Rights rests
upon a common foundation which can be viewed as a higher order dynamic interpretant.
The exposition follows the pragmatic tradition where legality is seen as
doubly embedded: first as a product of history, then as organically connected
with the existing social order. Internal analysis of the Convention and
its subsequent Protocols, reveals a hierarchical rule structure with a variety
of different classes of rules. The historical context is linked to the concept
that "crimes against humanity" could be proved, as was found in
the trials of the 21 Nazi leaders at Nuremberg (1945-46).
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