The Phenomenology of Modern Legal Discourse: The Juridical Production and the Disclosure of Suffering

Abstract

Part 1 Introduction - the problematics of modern legal discourse: the problematics of modern legal discourse argument - the juridicial production of the concealment of suffering argument - the retrieval of the concealed meanings the problematics of the legal sign the problematics of studies of the semiotics of the legal sign the phenomenology of legal language. Part 2 The paradigms of legal consciousness and legal language: laws as legal consciousness the problematic of legal consciousness the problematic of a transparent language legal recognition as concealment - a human rights case exclusion by inclusion. Part 3 The transformation of meaning into a modern legal genre: the genre-like character of legal discourse the displacement of a primary genre acculturation into a professional law school the phenomenon of re-signification of a witness's utterance the act of assimilation the narrative as the displacing medium. Part 4 The silence of suffering: the phenomenon of a differend the search for an authoritative sign the re-signification of Mr. Hirabayashi the silence of Mr. Hirabayashi's the non-recognition of the other - the case of Davis Inlet the sanitized pain during a depression the disembodiment of a meant world. Part 5 Does the knower face external constraints?: posited constraints the absent foundation the spirit of the laws the facts as givens the concealment of phusis in the external object the non-knower as a represented object the naivety in the belief of an external object - the belief in an emergency the knower's embodiment of represented facts. Part 6 The retrieval of the knower's world: the embodiment of a meant object - the case of Viscount Haldane the concealed interpretive act the interpreter's embodiment of meaning - a lesson from Brown v. Board of Education the self-image of the interpreter - the case of Mr. Justice Holmes the retrieval of the interpreter's environing world the embodied meanings as action interpretation through an world. Part 7 The idealism of legal discourse: is the foundation of legal discourse accessible? is the non-knower an invisible author? the idealism of the secondary play the violence of the modern legal discourse the idealization of the non-knower's story meaning as social-cultural praxis the non-knower's unfulfilled meant objects the tragedy of unfulfilled meant objects the situs of social critique the collapse of the lawyer's play. Part 8 Consciousness of the absent final object: the final object consciousness of the particular other through the mind the problematic of the paradigm of legal consciousness. Part 9 The retrieval of the dialogic relation: the infusion of meaning the opening Oedipus Rex the referral of the face-to-face relation desire in a dialogic relation a multiplicity of bodies. (part contents)

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