Hints and guesses: Legal modes of semio-logical reasoning
Legal semiotics is an internationally proliferated subfield of general semiotics. The three-step principles of Peirce’s semiotic logic are the three leading categories: firstness, secondness and thirdness, grounded on the reverse principles of logic: deduction, induction and — Peirce’s discovery — a...
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| Format: | Article |
| Language: | English |
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University of Tartu Press
2005-12-01
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| Series: | Sign Systems Studies |
| Online Access: | https://ojs.utlib.ee/index.php/sss/article/view/17545 |
| _version_ | 1818893183633850368 |
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| author | Dinda L. Gorlée |
| author_facet | Dinda L. Gorlée |
| author_sort | Dinda L. Gorlée |
| collection | DOAJ |
| description | Legal semiotics is an internationally proliferated subfield of general semiotics. The three-step principles of Peirce’s semiotic logic are the three leading categories: firstness, secondness and thirdness, grounded on the reverse principles of logic: deduction, induction and — Peirce’s discovery — abduction. Neither induction nor abduction can provide a weaker truth claim than deduction. Abduction occurs in intuitive conclusions regarding the possibility of backward reasoning, contrary to the system of law. Civil-law cultures possess an abstract deductive orientation, governed by the rigidity of previous written law, whereas the actual fragility of a common-law system with cases and precedents inclines to induction, orienting its habituality (habits) in moral time and space. Customary law gives credit to abductive values: relevant sentiments, beliefs and propositions are upgraded to valid reasoning. The decision-making by U.S. case law and English common-law is characterized as decision law with abductive undertones. |
| first_indexed | 2024-12-19T18:08:33Z |
| format | Article |
| id | doaj.art-7cec69a469494b62ae54c349299b04ce |
| institution | Directory Open Access Journal |
| issn | 1406-4243 1736-7409 |
| language | English |
| last_indexed | 2024-12-19T18:08:33Z |
| publishDate | 2005-12-01 |
| publisher | University of Tartu Press |
| record_format | Article |
| series | Sign Systems Studies |
| spelling | doaj.art-7cec69a469494b62ae54c349299b04ce2022-12-21T20:11:23ZengUniversity of Tartu PressSign Systems Studies1406-42431736-74092005-12-0133210.12697/SSS.2005.33.2.01Hints and guesses: Legal modes of semio-logical reasoningDinda L. Gorlée0Van Alkemadelaan 806, NL–2597 BC The HagueLegal semiotics is an internationally proliferated subfield of general semiotics. The three-step principles of Peirce’s semiotic logic are the three leading categories: firstness, secondness and thirdness, grounded on the reverse principles of logic: deduction, induction and — Peirce’s discovery — abduction. Neither induction nor abduction can provide a weaker truth claim than deduction. Abduction occurs in intuitive conclusions regarding the possibility of backward reasoning, contrary to the system of law. Civil-law cultures possess an abstract deductive orientation, governed by the rigidity of previous written law, whereas the actual fragility of a common-law system with cases and precedents inclines to induction, orienting its habituality (habits) in moral time and space. Customary law gives credit to abductive values: relevant sentiments, beliefs and propositions are upgraded to valid reasoning. The decision-making by U.S. case law and English common-law is characterized as decision law with abductive undertones.https://ojs.utlib.ee/index.php/sss/article/view/17545 |
| spellingShingle | Dinda L. Gorlée Hints and guesses: Legal modes of semio-logical reasoning Sign Systems Studies |
| title | Hints and guesses: Legal modes of semio-logical reasoning |
| title_full | Hints and guesses: Legal modes of semio-logical reasoning |
| title_fullStr | Hints and guesses: Legal modes of semio-logical reasoning |
| title_full_unstemmed | Hints and guesses: Legal modes of semio-logical reasoning |
| title_short | Hints and guesses: Legal modes of semio-logical reasoning |
| title_sort | hints and guesses legal modes of semio logical reasoning |
| url | https://ojs.utlib.ee/index.php/sss/article/view/17545 |
| work_keys_str_mv | AT dindalgorlee hintsandguesseslegalmodesofsemiologicalreasoning |