On relationships between the logic of law, legal positivism and semiotics of law

Vadim Verenich

Abstract


The issue of reciprocal relationships between the logic of law, positivistic theory of the logic of law, and legal semiotics is among the most important questions of the modern theoretical jurisprudence. This paper has not attempted to provide any comprehensive account of the modern jurisprudence (and legal logic). Instead, the emphasis has been laid on those aspects of positivist legal theories, logical studies of law and legal semiotics that allow tracing the common points or the differences between these paradigms of legal research. One of the theses of the present work is that, at the comparative methodological level, the limits of legal semiotics and its object of inquiry could only be defined in relation to legal posi tivism and logical studies of law. This paper also argues for a proper position for legal semiotics in between legal positivism and legal logic. The differences between legal positivism, legal logic and legal semiotics are best captured in the issue of referent.

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DOI: http://dx.doi.org/10.12697/SSS.2011.39.2-4.07





SIGN SYSTEMS STUDIES. ISSN 1406-4243 (print), 1736-7409 (online). E-mail: sss@ut.ee. Postal address: Sign Systems Studies, Dept. of Semiotics, University of Tartu, Jakobi St. 2, 51014 Tartu, Estonia