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| Content Provider | Springer Nature Link |
|---|---|
| Author | Kannike, Sulev |
| Copyright Year | 2005 |
| Abstract | The first version of this article was written and published in 1989 in Tartu in Russian.$^{1}$ As perestroika gathered strength the possibility emerged to take a fresh academic look on concepts which had been dogmatically frozen by “historical Marxism” for many years. One of those laying in the dead end was the Marxist concept of law together with its relation to violence. For a young scholar studying at Tartu University 15 years ago, there was always a possibility to try to apply some ideas and approaches drawn from Yuri Lotman’s articles and lectures. The power of his ideas and its brilliant presentation had already for years fascinated everybody dealing with problems of society and culture in Tartu. The other sources of the present analysis are the ideas about the nature of law and legal communication as they appeared in the 1920s–30s in the works of several Soviet scholars as Eugene Pashukanis and Mikhail Reisner. Both scientists were later condemned and forgotten in the Soviet Union. I also felt very comfortable with the understanding of the nature of law as “language of interaction” expressed and developed by the American lawyer and scholar Lon L. Fuller. The present article focuses only on the logic of communication based on the principle of exchange, reciprocity/contract and mechanism (code) of symbolic equalizations necessary, for achieving such reciprocity. But it is appropriate to point out that in a broader context, contract and reciprocity in society are balanced by different types of principles of human interaction. In this broader understanding, L. Fuller and Y. Lotman are close in their interpretations of cultural interaction and human communication. If we compare Fuller’s article “Two Principles of Human Association”$^{2}$ to Lotman’s “‘Contract’ and ‘Devotion’ as Archetypical Models of Culture”$^{3}$ we see their approaches are in fact complementary. |
| Starting Page | 53 |
| Ending Page | 66 |
| Page Count | 14 |
| File Format | |
| ISSN | 09528059 |
| Journal | International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique |
| Volume Number | 18 |
| Issue Number | 1 |
| e-ISSN | 15728722 |
| Language | English |
| Publisher | Kluwer Academic Publishers |
| Publisher Date | 2005-01-01 |
| Publisher Place | Dordrecht |
| Access Restriction | One Nation One Subscription (ONOS) |
| Subject Keyword | Logic Philosophy of Law Applied Linguistics Sociolinguistics Law Theory/Law Philosophy |
| Content Type | Text |
| Resource Type | Article |
| Subject | Law Linguistics and Language |
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