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Language, Meaning and the Law$
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Chris Hutton

Print publication date: 2009

Print ISBN-13: 9780748633500

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748633500.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 09 April 2020

The Semiotics of Law, Language and Money

The Semiotics of Law, Language and Money

Chapter:
(p.177) The Semiotics of Law, Language and Money
Source:
Language, Meaning and the Law
Author(s):

Christopher Hutton

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748633500.003.0015

This chapter explores analogies between the law, the circulation of money and the circulation of linguistic signs. Theories of modernity (Simmel) see money as the universal measure of value; law also has this role, and requires that language provide a set of labels. This leads to an interplay between foreground and background, whereby some aspects of a case are held fixed, so that others can be interpreted in the light of the facts of the case itself. Language is required to play both these roles. It is required to provide an external and reliable frame of reference, yet in many cases it is also at the heart of the interpretative uncertainties. The distinction between ordinary language and legal language is thus highly unstable and reflects the interpretive dilemma of particular cases. Law appeals to fictions but also monitors and on occasion undermines its own fictions.

Keywords:   Circulation, Foreground, Background, Georg Simmel, Legal fiction, Interpretation

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