Law and Semiotics Volume 1

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 wi

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LAW AND SEMIOTICS Volume 1 Edited by

Roberta Kevelson

Pennsylvania State University Reading, Pennsylvania

PLENUM PRESS • NEW YORK AND LONDON

Library of Congress Cataloging in Publication Data Round Table on Law and Semiotics (1987: Pennsylvania State University) Law and semiotics / edited by Roberta Kevelson. p. cm. "Proceedings of a Round Table on Law and Semiotics, held April 11-13, 1987, at the Center for Semiotic Research in Law, Government, and Economics, Pennsyl· vania State University, University Park, Pennsylvania" - T.p. verso. Includes bibliographies. 1. Semantics (Law)-Congresses. 2. Law-Philosophy-Congresses. 3. SemioticsCongresses. I. Kevelson, Roberta. II. Title. K213.R68 1987 340'.11-dcl9 87·32715 CIP ISBN-13: 978-1-4612-8265-5

e-ISBN-13: 978-1-4613-0959-8

001: 10.1007/978-1-4613-0959-8

Proceedings of a Round Table on Law and Semiotics, held April 11-13, 1987, at the Center for Semiotic Research in Law, Government, and Economics, Pennsylvania State University, University Park, Pennsylvania © 1987 Plenum Press, New York Softcover reprint of the hardcover 1st edition 1987 A Division of Plenum Publishing Corporation 233 Spring Street, New York, N.Y. 10013

All rights reserved No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording, or otherwise, without written permission from the Publisher

ACKNOWLEDGMENTS

Grateful acknowledgment is made for the support of The Pennsylvania State University for this First Round Table in Law and Semiotics.

We thank the following: The Berks

Campus; Commonwealth Educational System; College of the Liberal Arts; Philosophy Department, and Keller Conference Center. We thank, also, Svoboda's Book Store for the book exhibit.

Special thanks to Cindy Palecek for her preparation

of the manuscripts in readiness for publication.

Harold

Brogan assisted in the coordination of the Conference, and we are grateful for his help.

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CONTENTS

Introduction to the First Round Table on Law and Semiotics Roberta Kevelson

1

Analytical Rhetoric, Semiotic and Law Ottmar Ballweg

25

The Semiotic Web of the Law Robert W. Benson

35

The Shopping Mall: Signs of Power Denis J. Brion

65

The Prescriptions of the New Hobbesian Contractarian William C. Charron

109

Animals as Property and the Law Priscilla Cohn

131

The Problem of Normative Authority in Legal Interpretation Drucilla Cornell

149

Natural Law and Emancipation: Toward a Theonomous Democracy Robert S. Corrington

159

Communication Research and the Practice of Lawyering: Is the Tail Wagging the Dog? Paul Evangelista Psychoanalysis in Legal Education: Notes on the Violence of the Sign Peter Goodrich vii

181 193

viii

Contents

The Rhetoric of Esotericism: The 'Challenge' to Deconstruction Irene E. Harvey

215

Legitimizing 'Repugnancy' in Law: Peirce and Contradiction Roberta Kevelson

239

Constitutionalism: Principle and Policy Joseph Margolis

283

The United States Constitution: A Semiotic I