O pensamento semiótico e as três matrizes da linguagem jurídica
AUTOR(ES)
Maria Christina Napolitano
DATA DE PUBLICAÇÃO
2002
RESUMO
The current dissertation consists in focusing the Law as language, discovering its three basic matrixes: the visual matrix (fac/value/norm), the sound matrix (syntax/semantics/pragmatics)and the verbal matrix (juridical discourse: normative discourse/decisive discourse/scientific discourse). This exercise realized through Semiotics (study of signification systems and its application in texts) - a discipline not very much divulged yet - allows a wider and a more free vision, but neither a less scientific nor a less coherent vision of the Law. One of the privileged areas has intended to approach the Law - language, as a science and as an experience, from theory and practice of an eminent American thinker - Charles Sanders Paice (1839-1914), author of the "Triadic Theory of Signs", whose precepts remain up-to-date, despite the advance of knowledge and technology This task;.has become viable due to famous researchers and semioticists that have devoted years of their lives to cultivating Peirce s work, who, himself, dedicated most of his life to interdisciplinary studies and to Semiotics. By getting closer to the theories of important selected authors, elements, principles categories, structures and communicational models previously obscure and less transparent leave their opacity and come to surface, illuminating the path of law workers: teachers,judges, lawyers, students as well as citizens, clerks, civil servants, even the judicial power, all agents that intervene in the process, all those who day by day, one way or another,end up by applying the law, even those that are keen on the knowledge of law and of their rights. What is missing for those who are looking for the knowledge of the law is not so much the information about institutes and norms or about the solutions given to problems in the jurisprudence or in the practice of the applied law. What is gravely missing is the acknowledgment and the domain of principles, the comprehension facility and category management to obtain a systematic, global, logical, operational and functional vision of the law as a communicational whole. This work faces this challenge: to lend us a strong analytical capacity that should permit us to read the juridical text, the cedes, the legal repertories and jurisprudence, if no with the same naturalness that we breath, with the same readiness we react against danger and with the same depth we meditate, at least with the same security and efficiency we glimpse supposedly known paths, looking for new ways
ASSUNTO(S)
direito semiotica juridica semiotica e linguagem linguagem juridica semiotica (direito) direito -- linguagem
