The Law as a System of Signs
Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach
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TOPICS IN CONTEMPORARY SEMIOTICS Series Editors: Thomas A. Sebeok and Jean Umiker-Sebeok Indiana University
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THE LAW AS A SYSTEM OF SIGNS Roberta Kevelson
THE MESSAGES OF TOURIST ART: An African Semiotic System in Comparative Perspective Bennetta J ules-Rosette
SEMIOTIC PRAXIS: Studies in Pertinence and in the Means of Expression and Communication Georges Mounin
THE SEMIOTIC SPHERE Edited by Thomas A. Sebeok and Jean Umiker-Sebeok
SPEAKING OF APES Edited by Thomas A. Sebeok and Jean Umiker-Sebeok
The Law as a System of Signs Roberta Kevelson Pennsylvania State University Reading. Pennsylvania
Plenum Press. New York and London
Library of Congress Cataloging in Publication Data Kevelson, Roberta. The law as a system of signs / Roberta Kevelson. p. cm. - (Topics in contemporary semiotics) Bibliography: p. Includes index. e-ISBN-13: 978-1-4613-0911-6 ISBN-13: 978-1-4612-8241-9 DOl: 1O.IOO7/978-1-4613-0911-6 l. Semantics (Law) 2. Law-Philosophy. 3. Semiotics. I. Title. II. Series. K213.K48 1988 340'.1l-dcl9 87-32716 CIP
© 1988 Plenum Press, New York Softcover reprint of the hardcover I st edition 1988 A Division of Plenum Publishing Corporation 233 Spring Street, New York, N.Y. lOOl3 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
To Lorin and Kenny and Karen and Erin, my children
1 start from and in and with and as Motion. For me, in the "spiritual" as well as the physical world, there is of course no Rest as the ultimate goal or as the antithesis of Motion. The changeless is less than the dead, it is the non-existent. ... 1 often say that 1 am determined to be free and free to be determined . Why? Because of the unnamed Third yet lying in the womb of Motion, to which both the determinate and the indeterminate have reference .... To me the ideas of the new, the young, the fresh, the possible, are deeper than any time-import, and are indeterminate only in a special sense . . . . The best 1 can do is to say, "I wish instead of the Future, we could begin to talk of the Unreached as the Yet distant!"
Charles Sanders Peirce (November 20, 1904)
Preface
Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires furt
