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36 Int'l J. Semiotics L. 1 (2023)

handle is hein.journals/intjsemi36 and id is 1 raw text is: 

International Journal for the Semiotics of Law - Revue internationale de Semiotique juridique (2023) 36:1-15
https:Ildoi.org/l0.1007/si1196-022-09965-8




Editorial  Introduction

Mario  Ricca' - Stefano Bertea - Paolo Heritier



Accepted: 10 December 2022 / Published online: 10 January 2023
©The Author(s), under exclusive licence to Springer Nature B.V. 2023



1  Prologue

This Special Issue (SI) had been originally intended as an opportunity for interim dia-
logue in anticipation of the 23rd International Roundtable for the Semiotics of Law
(IRSL), now  postponed to 2023. Many  of the essays, moreover, are the outcome of a
Webinar, held online on September  16, 2021. Our aim  in launching both the SI and
the related Webinar was  to promote a polyphonic  and interdisciplinary elaboration
of a kind of theoretical prolegomena to the 23rd IRSL. More  specifically, we were
interested in adopting contemporary global semiotics as a lens for a renewed analysis
of the relationship between 'facticity' and 'normativity' in legal experience; under
this lens, what would be the consequences for legal theory?
   In an attempt to stimulate and encourage  the submission of papers, we  invited
participants to consider the following questions and issues.
   Does  the consideration of the contemporary  dynamics  of socio-communicative
space impinge  on the traditional positivist-inspired divide between 'facticity' and
'normativity'? And, more  specifically, to what extent does this affection-if any-
retroact on the semantics of law as well as the prerequisites for the legitimation of
legal systems?
   In order to answer the above questions, we asked the contributors to the SI and the
participants to the Webinar to consider the following remarks.
   The traditional positivist approach to the relationship between facts and legal rules
is grounded on the 'quasi-mantric' assumption that 'law makes its own facts.' This
theoretical and hermeneutical axiom, in turn, stems from the conviction that deon-
tic languages, including the legal one, constitutively determine and select what is
relevant for their universes of discourse and their pragmatic projections. Both these

'See, among many others, [20, 23], 25-26, 34-35, 15, 8, 13].



E  Mario Ricca
   mario.ricca@icloud.com

   University of Parma, Parma, Italy


Springer

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