The semiotic approach in civil law (A comparative analytical study of the principles of Islamic jurisprudence | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 22, Volume 13, Issue : 2 part 1, September 2023, Pages 653-698 PDF (1.2 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142210.1048 | ||
| Author | ||
| Haider Salah Almayahi* | ||
| جامعة القادسية كلية القانون | ||
| Abstract | ||
| Semiotics is considered a tool of sound thinking, born in the arms of linguistic studies, then it was widely used in various forms of science, especially social and human sciences. In order to reach a fulcrum on which bridges of scientific communication between those sciences are built, challenges were encountered by the attempts of "Western" jurisprudence to include it in the legal field, but it reached some extent to link semiotics with logic, culture, and rhetoric, to obtain a rational interpretation and interpretation of the legal text, At a time when jurisprudence and judiciary must be prepared and accepted by the legislator to start taking serious steps towards adopting the semiotic approach in reading the texts of the law. Semiotics challenges the stagnation of law and its human imperfection by considering it a tool through which economic, social and political turning points are expressed. Therefore, there is no room for applying the text that was “removed” from service, and it works to make the “symbol” a reality or a localized ruling that results in a contractual obligation, to end the saying that semiotics Legalism feeds on the sources of logic in all its details, and magnifies the role of philosophers, jurists, linguists and literature interested in legal affairs to link philosophy with law as it is an open criterion for different interpretations of the legal text - especially the legally implanted one - by navigating the darkness of intentions, interpretations and interpretations that must be consistent with the correct law. | ||
| Keywords | ||
| semiotics,,; ,،hermeneutics,,; ,،interpretation,,; ,،softening texts | ||
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