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Greimas, Law, Discourse and Interpretative Squares: An Author, his Squares and Legal Discourse Analysis

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Lawyers Making Meaning

Abstract

Jacques M.E.Lacan (1901–1981), the third godfather of semiotics, is the Parisian psychologist/psychoanalyst who wrote his 1932 PhD dissertation on the “délire à deux”, a clinical picture that describes the inability to develop an established identity and to create the awareness of a single individual. That is the supreme nightmare for a lawyer: a fundamental uncertainty about the ‘who is who’, the subject concerned, the evident addressee. The issue is an appeal to language in itself, concerns the fact that each individual is educated in a language in which it has to learn to accept and manage an identity that is told to him or her. The mirror stage, the word of the mother and, in a different sense, of the father are themes to understand the subversion of the command structures of law and legal discourse. Semiotics suggests that each “I” has to become developed—in language, culture and (above all) in the presence of an other person. Language, identity and law appear coherent but by no means congruent social events.

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Notes

  1. 1.

    See the exemplary uses and construction of squares in: Michelle L. Wirth: “Semiotics of Parenthood in Legal Perspective” in: The Semiotics of Law in Legal Education, Jan M. Broekman & Francis J. Mootz III (Eds), Op. Cit., p. 157 ff.

  2. 2.

    This distinction is missing in the standard publication about Greimas and legal semiotics: Bernard Jackson: Semiotics and Legal Theory, Kegan Paul London 1985, Reprint Deborah Charles 1997, p. 31 ff.

  3. 3.

    Peirce, CP 5, 3.

  4. 4.

    Peirce has already 1897, under the influence of the German philosopher Fr. Schiller’s idea on “Spieltrieb", used the expression “the play of musement” for a scientific attitude in a new key. The scientist should then be a “Dandy”, an expression of what later was described by Walter Benjamin as “flaneur”. See also: Jack M. Balkin & B.S.Noveck (Eds): The State of Play. Law, Games, and Virtual Worlds New York UP 2006.

  5. 5.

    See a parallel/precursor text in: Noam Chomsky: Topics in the Theory of Generative Grammar, Lectures Indiana 1964 re-published in the Janua Linguarum, Series Minor No. 56, Mouton, The Hague, Paris 1969, p. 37 f. And also: Julia Kristeva: “L’engendrement de la formule” in: SEMEIOTIKÉ Recherches pour une Sémanalyse, Paris 1969, p. 278

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Correspondence to Jan M. Broekman .

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Broekman, J.M., Backer, L.C. (2013). Greimas, Law, Discourse and Interpretative Squares: An Author, his Squares and Legal Discourse Analysis. In: Lawyers Making Meaning. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-5458-4_5

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