Communities of Dialogue Russian and Ukrainian Émigrés in Modernist Prague

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Common law lawyers should mind their trial practices

understanding, identifying, and correcting a semiotic imbalance

Edward J. Cyran

pp. 115-128

Abstract

This text is discusses the separate understandings of the "law" among the Civil Law and Common Law traditions through the views of three major semioticians, and, assuming that the differences between the Civil Law and Common Law have an effect on legal semiotics, to determine whether differences in the understanding and practice of legal semiotics between both traditions, until now relatively unnoticed, enriches and refines future legal semiotics. Research is therefore first in differences between the two systems pertaining to judicial authority, furthermore to the civil procedure and finally to the criminal procedure involved in each legal tradition. Of central interest is in this context a specific 'semiotic imbalance", so that the concept of "Law" in semiotic research in Common Law legal semiotics differs from Civil Law legal semiotics. No difference has a greater effect on the semiotics of the law than the practice of trial law.

Publication details

Published in:

Broekman Jan, Mootz Francis J. (2011) The semiotics of law in legal education. Dordrecht, Springer.

Pages: 115-128

DOI: 10.1007/978-94-007-1341-3_7

Full citation:

Cyran Edward J. (2011) „Common law lawyers should mind their trial practices: understanding, identifying, and correcting a semiotic imbalance“, In: J. Broekman & F. J. Mootz (eds.), The semiotics of law in legal education, Dordrecht, Springer, 115–128.