The Legal System and Symbol Emergence: The Reciprocal Relationship Between Humans and Symbols
摘要
The legal system can be considered a social system that is (re)constructed daily through the reciprocal constitutive relationship between symbols and the humans who use them. This dynamic system centers on legal texts as a symbolic system and the act of “interpretation” (assigning meaning) performed by humans. By “reciprocal constitutive relationship,” I refer to the dynamic interplay in which human acts of assigning meaning to symbols simultaneously transform both their cognitive frameworks and the symbolic system itself. Importantly, acts of meaning assignment are often not one-sided efforts by humans but are drawn out by the interpretability inherent in symbols themselves. As we will see, in the symbolic system of legal texts, the interpretability of symbols often elicits meaning assignments from humans.