INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE最新文献

{"title":"Of Semiotics, the Marginalised and Laws During the Lockdown in India.","authors":"Manwendra K Tiwari,&nbsp;Swati Singh Parmar","doi":"10.1007/s11196-021-09878-y","DOIUrl":"https://doi.org/10.1007/s11196-021-09878-y","url":null,"abstract":"<p><p>On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and shelter. In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train (all passenger trains in the wake of lockdown had been halted) while they were resting on the railway tracks. The images of the <i>Roti</i> (Indian bread) on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts 'criminal' bereft of 'moral culpability' are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State's selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8728474/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39799553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Viral Law: Life, Death, Difference, and Indifference from the Spanish Flu to Covid-19.","authors":"Mark Featherstone","doi":"10.1007/s11196-022-09893-7","DOIUrl":"10.1007/s11196-022-09893-7","url":null,"abstract":"<p><p>What is viral law? In order to being my discussion, I note that the last two years have been extremely difficult to understand and that we, meaning those who have lived through the pandemic, have struggled to make sense. Thus, I make the argument that the virus has impacted upon not only the individual's ability to make sense in a world where every day routines have been upended, but also social and political structures that similarly rely on repetition to continue to function. According to this thesis, Covid-19 is more than simply a biological organism, but also a cultural virus that undermines the organisation of social, political, and economic systems and requires new ways of thinking about how we might move forward into a post-Covid world. In the name of beginning this project of making sense of Covid-19, I track back in history to the comparable reference point of the Spanish flu pandemic of 1918-1920 and, in particular, a reading of Freud's <i>Beyond the Pleasure Principle</i>, which the founder of psychoanalysis wrote in the shadow of the virus. In reading Freud's attempt to write a psychology of death in the context of this funereal period of history, I argue that he set out first, a mythological theory of viral law concerned with the death drive, before turning to second, a techno-scientific, biological theory of the same (viral) law characterised by microbial immortality. Beyond this exploration of <i>Beyond the Pleasure Principle</i>, in the third part of the article I turn to a reading of Lacan's interpretation of Freud's work, where viral law becomes a story of cybernetics and nihilistic mechanisation. Here, perfect mechanisation, and the endless oscillation between message and noise, looks a lot like living death. Finally, I take up Derrida's critique of Jacob's molecular biology and, by extension, Freud's theory of microbial immorality, that he thinks privileges an idea of repetitive sameness and opens up a space for cultural politics concerned with immunity against otherness. Derrida's key point here is that this biological fantasy ignores the reality of viral sex that enables evolution to happen. What this means is that the other, even in its microbial form, is ever present, and that we must recognise the importance of difference to the possibility of social, political, and economic change.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8932368/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45374579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Muzzles and Faces: The Semiotic Limits of Visage and Personhood.","authors":"Massimo Leone","doi":"10.1007/s11196-020-09812-8","DOIUrl":"https://doi.org/10.1007/s11196-020-09812-8","url":null,"abstract":"<p><p>The essay investigates the anthropological concept of personhood from the point of view of the dialectics between two fundamental elements of the socio-cultural, linguistic, and semiotic construction of the self-identity of the human species: on the one hand, the human face and, on the other, the non-human muzzle. After demonstrating that their semantics is contrastively articulated in all Indo-European languages, and after showing that such contrast is featured also in several non-Indo-European languages, including those referring to supposedly alternative \"ontologies of nature\", the essay criticizes such opposition through a close reading of Lévinas, Deleuze and Guattari, and Derrida's philosophical texts on the face and on animality. Ultimately, it proposes that the construction of the animal muzzle as an interface of non-personhood is instrumental to the substitution of the human victim in the sacrifice that establishes the human community. Only through eradicating the primordial stigmatization of the muzzle, however, will a non-violent foundation of human personhood and community be possible.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-020-09812-8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40670344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Face and Mask: \"Person\" and \"subjectivity\" in Language and Through Signs.","authors":"Claudio Paolucci","doi":"10.1007/s11196-021-09838-6","DOIUrl":"https://doi.org/10.1007/s11196-021-09838-6","url":null,"abstract":"<p><p>In this paper, I will deal with the way linguistics and semiotics focus on person and subjectivity in language. I start from two different meanings of the \"person\" word and from Benveniste and Latour's theories of enunciation. Later, I deal with the problem of subjectivity in language and I connect it to two different views: Benveniste's idea that subjectivity is grounded on the \"I\" and Guillaume's idea of a primacy of the \"he\". Starting from the Iliad and from the semiotic idea of subject, I take side for Guillaume and Latour's theory: it is the delocutive structure of the \"he\" which, in language, expresses subjectivity, namely the capacity of the subject to make himself the object of his reflections and of his words.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-021-09838-6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40670345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Stranger Danger: Social Distancing, the Bubble, and the War on Space in Times of Covid-19.","authors":"Sarah Marusek,&nbsp;Anne Wagner,&nbsp;Aleksandra Matulewska","doi":"10.1007/s11196-021-09865-3","DOIUrl":"https://doi.org/10.1007/s11196-021-09865-3","url":null,"abstract":"<p><p>As authors, we recognize the scientific foundations for implementing social distancing in preventing the spread of Covid-19. Yet, we also recognize fundamental changes to the socio-legal discourse of everyday life that we research. We see legalized space itself as the foundation for social relationships significantly impacted through the 'new normal' of social/physical distancing guidelines. This paper will explore the positionalities of bodies that contribute to the transformation of cultural spaces and social interactions against the legalized backdrop of combatting viral spread of Covid-19 in the United States, France, and Poland.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8590427/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39642910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Worldmaking, Legal Education, and the <i>Saga</i> Comic Book Series.","authors":"Guilherme Vasconcelos Vilaça","doi":"10.1007/s11196-021-09864-4","DOIUrl":"https://doi.org/10.1007/s11196-021-09864-4","url":null,"abstract":"<p><p>This article argues that to disrupt legal education in a radical sense, students need to become acquainted with the art of worldmaking and the view that law is a \"way of worldmaking\". First, I show that law is a cultural semiotic practice that requires decoding and, for that reason, demands a creative intervention by those that want to know, understand, and do things with law. Altogether this amounts to recognizing the different modes in which law creates, and is part of, worlds. Second, I propose that due to different features of their aesthetic form, comics are a particularly effective medium to place students before the myriad ways in which law and lawyers make and reproduce worlds. Third, I illustrate the argument by exploring how the <i>Saga</i> comic series, through its formal multimodality and narrative and cultural complexity, can make good on that challenge.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8454014/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39450169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Law Challenged and the Critique of Identity with Emmanuel Levinas.","authors":"Susan Petrilli","doi":"10.1007/s11196-021-09845-7","DOIUrl":"https://doi.org/10.1007/s11196-021-09845-7","url":null,"abstract":"<p><p>Identity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject's will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which is the other. The implications involved in reading the signs of the other have contributed to reorienting semiotics in the direction of <i>semioethics</i>. In Levinas, the I-other relation is not reducible to abstract cognitive terms, to intellectual synthesis, to the subject-object relation, but rather tells of involvement among singularities whose distinctive feature is alterity, absolute alterity. <i>Humanism of the other</i> is a pivotal concept in Levinas overturning the sense of Western reason. It asserts human duties over human rights. Humanism of alterity privileges encounter with the other, responsibility for the other, over tendencies of the centripetal and egocentric orders that instead exclude the other. Responsibility allows for neither rest nor peace. The \"properly human\" is given in the capacity for absolute otherness, unlimited responsibility, dialogical intercorporeity among differences non-indifferent to each other, it tells of the condition of vulnerability before the other, exposition to the other. The State and its laws limit responsibility for the other. Levinas signals an essential contradiction between the primordial ethical orientation and the legal order. Justice involves comparing incomparables, comparison among singularities outside identity. Consequently, justice places limitations on responsibility, on unlimited responsibility which at the same time it presupposes as its very condition of possibility. The present essay is structured around the following themes: (1) Premiss; (2) Justice, uniqueness, and love; (3) Sign and language; (4) Dialogue and alterity; (5) Semiotic materiality; (6) Globalization and the trap of identity; (7) Human rights and rights of the other: for a new humanism; (8) Ethics; (9) The World; (10) Outside the subject; (11) Responsibility and Substitution; (12) The face; (13) Fear of the other; (14) Alterity and justice; (15) Justice and proximity; (16) Literary writing; (17) Unjust justice; (18) Caring for the other.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-021-09845-7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39066990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Between Justice and Money: How the Covid-19 Crisis was used to De-Differentiate Legality in Ecuador.","authors":"Katiuska King, Philipp Altmann","doi":"10.1007/s11196-021-09877-z","DOIUrl":"10.1007/s11196-021-09877-z","url":null,"abstract":"<p><p>Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors to systematically use one system against the other or-within a given system-one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation-and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8728482/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39799555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"<i>Pandemica Panoptica</i>: Biopolitical Management of Viral Spread in the Age of Covid-19.","authors":"Anne Wagner,&nbsp;Aleksandra Matulewska,&nbsp;Sarah Marusek","doi":"10.1007/s11196-021-09821-1","DOIUrl":"https://doi.org/10.1007/s11196-021-09821-1","url":null,"abstract":"<p><p>The current pandemic period has triggered a series of changes in society, at both individual and collective behavioral levels. These changes were perceived as either positive or negative by the impacted bodies, leading to both social change and positive interactions in a tense context. In this paper, the authors will deal with <i>Pandemica Panotpica</i>, subjugation infiltrating all levels of society, and the approach adopted by several countries in trying to find countermeasures to combat the virus' proliferation. Our research scope began at the onset of the pandemic and ended on early January 2021.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-021-09821-1","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25351289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Warning, or Manipulating in Pandemic Times? A Critical and Contrastive Analysis of Official Discourse Through the English and Spanish News.","authors":"María Ángeles Orts,&nbsp;Chelo Vargas-Sierra","doi":"10.1007/s11196-021-09869-z","DOIUrl":"https://doi.org/10.1007/s11196-021-09869-z","url":null,"abstract":"<p><p>Focusing on media discourse and adopting a Critical Discourse Analysis-linguistic and rhetorical-perspective, this paper explores the role of the media in influencing citizens' behaviour towards the COVID-19 crisis. The paper evaluates the set of potentially persuasive lexical items and emotional implicatures used by two quality newspapers, i.e. <i>The Guardian</i> (UK edition) and <i>El País</i> (Spain edition), to report on the pandemic during the three waves-the periods between the onset and trough of virus contamination-that occurred until March 2021. A representative, ad-hoc, comparable corpus (COVIDWave_EN and COVIDWave_ES) was compiled in English and Spanish comprising the news on the pandemic that appeared in the aforementioned newspapers during the three established time periods. The corpora were uploaded to Sketch Engine, which was used to first detect and analyse different categories (nouns, verbs, and adjectives) of word frequency, and then assign negative or positive polarity. Lexical keyness was secondly analysed to categorize emotional implicatures of control, metaphors, signals of epistemic asymmetry and positive implicatures in order to discern how they become weapons of negative or positive persuasion. The ultimate end of the study was to critically analyse and contrast the lexicon and rhetoric used by these two newspapers during this time period so as to unveil the stance taken by governments and health institutions-voices of authority-to disseminate words of control and persuasion with the aim of exerting influence on the behaviour of citizens in UK and Spain.</p><p><strong>Supplementary information: </strong>The online version contains supplementary material available at 10.1007/s11196-021-09869-z.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8590426/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39642909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}