{"title":"On the Juridical Relevance of the Phenomenological Notion of Person in Max Scheler and Edith Stein.","authors":"Francesco Galofaro","doi":"10.1007/s11196-021-09823-z","DOIUrl":null,"url":null,"abstract":"<p><p>The paper presents a semiotic interpretation of the phenomenological debate on the notion of person, focusing in particular on Edmund Husserl, Max Scheler, and Edith Stein. The semiotic interpretation lets us identify the categories that orient the debate: collective/individual and subject/object. As we will see, the phenomenological analysis of the relation between person and social units such as the community, the association, and the mass shows similarities to contemporary socio-semiotic models. The difference between community, association, and mass provides an explanation for the establishment of legal systems. The notion of person we inherit from phenomenology can also be useful in facing juridical problems raised by the use of non-human decision-makers such as machine learning algorithms and artificial intelligence applications.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-021-09823-z","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s11196-021-09823-z","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2021/2/26 0:00:00","PubModel":"Epub","JCR":"Q3","JCRName":"SOCIAL SCIENCES, INTERDISCIPLINARY","Score":null,"Total":0}
引用次数: 0
Abstract
The paper presents a semiotic interpretation of the phenomenological debate on the notion of person, focusing in particular on Edmund Husserl, Max Scheler, and Edith Stein. The semiotic interpretation lets us identify the categories that orient the debate: collective/individual and subject/object. As we will see, the phenomenological analysis of the relation between person and social units such as the community, the association, and the mass shows similarities to contemporary socio-semiotic models. The difference between community, association, and mass provides an explanation for the establishment of legal systems. The notion of person we inherit from phenomenology can also be useful in facing juridical problems raised by the use of non-human decision-makers such as machine learning algorithms and artificial intelligence applications.
期刊介绍：
The International Journal for the Semiotics of Law is the leading international journal in Legal Semiotics worldwide. We are pathfinders in mapping the contours of Legal Semiotics. We provide a high quality blind peer-reviewing process to all the papers via our online submission platform with well-established expert reviewers from all over the world. Our boards reflect this vision and mission. We welcome submissions in English or in French. We bridge different fields of expertise to allow a percolation of experience and a sharing of this advanced knowledge from individual, collective and/or institutional fields of competence. We publish original and high quality papers that should ideally critique, apply or otherwise engage with semiotics or related theory and models of analyses, or with rhetoric, history of political and legal discourses, philosophy of language, pragmatics, sociolinguistics, deconstruction and all types of semiotics analyses including visual semiotics. We also welcome submissions, which reflect on legal philosophy or legal theory, hermeneutics, the relation between psychoanalysis and language, the intersection between law and literature, as well as the relation between law and aesthetics. We encourage researchers to submit proposals for Special Issues so as to promote their research projects. Submissions should be sent to the EIC. We aim at publishing Online First to decrease publication delays, and give the possibility to select Open Choice. Our goal is to identify, promote and publish interdisciplinary and innovative research papers in legal semiotics.
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