The Phenomenology of Modern Legal Discourse : The Juridical Production and the Disclosure of Suffering
- Burlington Ashgate Publishing Company 1998
- 285p
includes index and biblioraphy
Introduction: The Problematic of Modern Legal Discourse 1 The problematics of modern legal discourse 5 Argument: the juridical production of the concealment of suffering 7 Argument: the retrieval of the concealed meanings 10 Problematics of the study of the legal sign 11 Problematics of studies of the semiotics of the legal sign 14 The phenomenology of legal language 21 1 The Paradigms of Legal Consciousness and Legal Language 27 Laws as legal consciousness 31 The problematic of legal consciousness 35 The problematic of a transparent language 38 Legal recognition as concealment: a human rights case 41 Exclusion by inclusion 44 2 The Transformation of Meaning into a Modern Legal Genre 51 The genre-like character of legal discourse 54 The displacement of a primary genre 56 Acculturation into a professional law school 58 The phenomenon of resignification of a witness`s utterance 59 The act of assimilation 61 The narrative as the displacing medium 66 3 The Silence of Suffering 69 The phenomenon of a differend 71 The Phenomenology of Modem Legal Discourse The search for an authoritative sign The resignification of Mr Hirabayashi The silence of Mr Hirabayashi`s environing world The non-recognition of the particular other: the case of Davis Inlet The sanitized pain during a recession The disembodiment of a meant world 4 Does the Knower Face External Constraints? Posited constraints The absent foundation The Spirit of the Laws The "facts" as givens The concealment of phusis in the external object The non-knower as a represented object The naivety in the belief of an external object: the belief in an emergency The knower`s embodiment of represented facts 5 The Retrieval of the Knower`s Environing World The embodiment of a meant object: the case of Viscount Haldane The concealed interpretive act The interpreter`s embodiment of meaning: a lesson from Brown v. Board of Education The self-image of the interpreter: the case of Mr Justice Holmes The retrieval of the interpreter`s `environing world` The environing world Embodied meanings as action Interpretation through an environing world 6 The Idealism of a Modern Legal Discourse Is the foundation of legal discourse accessible? Is the non-knower an invisible author? The idealism of the secondary play The violence of the modern legal discourse The idealization of the non-knower`s story Meaning as social-cultural praxis The non-knower`s unfulfilled meant objects The tragedy of unfulfilled meant objects The situs of social critique The collapse of the lawyer`s play 7 Consciousness of the Absent Final Object 197 The final object 198 Consciousness of the particular other through the mind 202 The problematic of the paradigm of legal consciousness 205 8 The Retrieval of the Dialogic Relation 213 The infusion of meaning 214 The opening 215 Oedipus Rex 218 The deferral of the face-to-face relation 220 Desire in a dialogic relation 222 A multiplicity of bodies 225 Consumption versus the production of signs 226 Understanding through dialogue 228 Conclusion: Living Laws 233 The meant object 234 Narrative versus discourse 235 Dialogue as the social 237 The recognition of the particular other 240 The authority of the unconcealed dialogic relation 241