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The structure of legal communication...

Brienza, Paul A.

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The structure of legal communication: Vico and the social theory of law.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The structure of legal communication: Vico and the social theory of law./
Author:	Brienza, Paul A.
Description:	342 p.
Notes:	Source: Dissertation Abstracts International, Volume: 68-10, Section: A, page: 4503.
Contained By:	Dissertation Abstracts International68-10A.
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NR32043
ISBN:	9780494320433

The structure of legal communication: Vico and the social theory of law.
Brienza, Paul A.

The structure of legal communication: Vico and the social theory of law. - 342 p.

Source: Dissertation Abstracts International, Volume: 68-10, Section: A, page: 4503.

Thesis (Ph.D.)--York University (Canada), 2007.

Historical case studies are explored via Vico's sustained engagement with Roman law. Here the theory is put into practice as an analysis of the emergence of authority as well as a cultural taming indicative of law in society.

ISBN: 9780494320433Subjects--Topical Terms:

600858
Law.

The structure of legal communication: Vico and the social theory of law.
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020 $a 9780494320433
035 $a (UMI)AAINR32043
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100 1 $a Brienza, Paul A. $3 1264044
245 1 4 $a The structure of legal communication: Vico and the social theory of law.
300 $a 342 p.
500 $a Source: Dissertation Abstracts International, Volume: 68-10, Section: A, page: 4503.
502 $a Thesis (Ph.D.)--York University (Canada), 2007.
520 $a Historical case studies are explored via Vico's sustained engagement with Roman law. Here the theory is put into practice as an analysis of the emergence of authority as well as a cultural taming indicative of law in society.
520 $a The purpose of this thesis is to examine the communicative structure of legal culture. The basic argument is that communications are essential to the understanding of a society's legal system. They organize meanings and formalize legal essences into appropriate expectations that allow for predictability in jurisprudence. The work of the Neapolitan philosopher Giambattista Vico provides us with a unique perspective on the way communication and law are bound together. The thesis, building upon Vico's insights, claims that linguistic formation is the first and most enduring type of legal structure.
520 $a Communication in law is found and articulated through paradoxical formations that begin from the structures of humanistic language. Therefore, the paradoxes of social typification---nature and culture primarily---are examined as deep structures that bind legal meaning to particularly important and repetitive human events. The taming of the passions---as understood through the interpretive concept of conatus---is crucial to the formation of both and law and society and must be perpetually re-founded and re-lived. This forms the basis of Vico's unique contribution to the social theory of law.
520 $a This understanding is placed within a comparative analysis of Vico's work with certain key modern thinkers within the schools of Legal Realism and Critical Legal Studies. The thesis also examines the conceptual roots of Vico's theory of law in relation to the philosophy of his age. Particularly relevant is the philosophy of Spinoza as it pertains to an elaborated theory of conatus. It can be applied to a broad social theory of law. Law is a taming of human passion and this is a strong theme of Spinoza's concept of conatus.
590 $a School code: 0267.
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650 4 $a Philosophy. $3 516511
650 4 $a Sociology, Theory and Methods. $3 626625
650 4 $a Speech Communication. $3 1017408
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710 2 $a York University (Canada). $3 1017889
773 0 $t Dissertation Abstracts International $g 68-10A.
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792 $a 2007
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NR32043