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Law And Semiotics Interpretation

Posted on:2016-09-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y B NiuFull Text:PDF
GTID:1366330461956635Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Signs are such things that can substitute for anything else from the meaning angle judging by the stipulations and rules agreed upon the society.The signs are not only the means created by the humans with their wisdom,but also the fruits of the wise humans.The expression of the human's thoughts depends on the signs.Without the language and non-language signs,the thoughts themselves are only something like the blurred nebula without the fixed appearance.The association of the humans in the society can be inseparable from the signs.The relationship of the humans in the society is represented and is influenced by the means of the signs.Therefore,signs become one of the basic attributes of the humans and the society.The humans,as the animals using the signs,on the one hand,reflect and take charge of the world through the creation of signs;on the other hand,explain and reform the world in the application of signs.So the original objective world becomes the sign world understood by the humans,in good order and full of human nature with the help of signs,and the society full of the humans becomes the sign society as well.Like religion,arts and science which are the sign world created by the humans,the law is also the sign works which is a kind of unique sign world created by the humans through the creation of the application of signs.The law sign world,as the important part the sign world of the humans,is different from the other sign world.It is the meaningful world,possible world and the cultural world,which is shaped by signs and possesses the regular meaning.It shows that people try to reflect and establish the social association rules with the help of signs,and embodies that people realize the rational communication and further form the whole society,shape the social order and guard the social justice with the help of signs.Law world is formed by signs.The signs in law world are embodied in language and non-language signs.From the diachronic angle,the signs of the human society experience such a functional division and development from the presentational forms to the discursive forms.The laws exist in the form of signs and signs have the inherent connection with the taking-shape of law world signs.The modern laws are such a kind of sign system leading by discursive signs,and at the same time supported by the presentational signs.The overlap and the fusion between two tppes signs in the modern laws is the sign root that laws drift between the science and arts,which make modern laws take on unique sign appearance full of frosty but tender feeling,and at the same time provide the tension from the sign systems for the law development.The performance of the law sign world is on the base of the principle of law symbolization.The development of law symbolization is built on the base of the human's ability to signs,and is achieved in the course of organic connection between the laws and the key elements of sign structure.Symbolization makes the expression of the laws clear and accurate,and urges the laws to be concise and highly effective and full agreement between sign function and law requirements give continuous supports for the development of law symbolization,and finally make the laws themselves.However,within the restriction of many aspects,laws featuring symbolization can not completely describe and regulate the real world,so the law symbolization naturally is relative and limited.The laws which take effect with the help of sign need to really implement in the social practice and finish their life's course.The development of their life's course should implement according to the meaning of signs.Therefore,through signs to observe the practice of laws,legislation is the creation of signs,while justice is related to the application of signs.As far as the legislation is concerned,law conception,law proposition and law text are related to language sign levels,such as words,sentences and chapters respectively,and the authority will of the legislators is taken on in the development of language sign levels.As far as the administration of justice is concerned,the development of judicial activities depends on the language and non-language signs.The alternation of the language and non-language signs make the administration of justice not only be normative applicability of the laws,but also become the vivid performance of law signs.In the judicial development from theocracy accusation emphasizing on ceremony,the accusation featuring the principle of the monarchical power and the accusation featuring the principle of democracy,the history that signs and the administration of justice maintain close ties fully embodies the close connection.Signs does not only become vivid representation of the administration of justice,but also form the effective tool of the operation of jurisdiction.The operating technology of the application of judicial signs,such as meaning codes,repeated use,the formation of sign text and the provision of sign context make the administration of justice the real course of sign negotiation.The law sign world is limited inevitably to sign attribute.On the one hand,signs are only tools of people to understand and grasp the world.Signs can be involved and represent something,but it can never be refer to the content itself.It can reflect the real world,but is not completely identical with the real world.There is a distance between the signs form of law and its refers.On the other hand,people can understand and grasp the world only through signs.When people beguiled in the law sign world,they would overlook the reality world and make the symbol system of law as a real world.So the law sign world must alw-ays pay attention to the signs practice using in order to carries the meaning of conscientiously implemented in society.
Keywords/Search Tags:law, sign, Semiotics, law pattern, law technology
PDF Full Text Request
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