Legal symbolics passed on to China，Tading back to the late 1980s。Professor Jackson in the UK (1985) and Professor Kalvinson, USA, "Law as a symbol system" (1988), and the essay collection "Law and Symbolism" (1987)，I could borrow it in the college library at that time。Use several books from the two professors mentioned above，We can roughly depict the general characteristics of legal symbolism: "Law as a symbol system"，Seeing laws as a system that can operate symbolic，It is a cross -disciplinary study of "Law and Symbolism"。We can use "Symbolology and Legal Theory"，Therefore, "Getting Law: Linguistics、Perspective of Psychology and Symbolology "。Now it seems，Jackson and Calvinson represent the two major camps and academic traditions of legal symbols of European and American legal symbols。Jackson's legal symbols from structuralism from France，The source of theory traces back to Swiss linguist Sosuer。Calvinson's legal symbols learn from the pragmatism from the United States，The source of theory comes from American logicist Pierce。Look from the current symbolic studies，Sosuer and Pierce were identified as "the father of Western symbolism learning"。Research methods and expressions of symbolics，but but，Get generally recognized and used，Mainly the four most basic types of the following。

　　bet365 best casino games

This is the basic two -point method of Sosuer。"Eve gave Adam an apple"，It can be a sentence in the text of the Old Testament，It can also be a picture in the painting of "Eden"，This is "capable"。What does this sentence mean? Can be，One，Apple is the fruit on the tree of wisdom，I feel shame after eating;，Adam and bet365 best casino games Eve violated God's will，Eating apples is the original sin of human beings;，Modern interpretation as，Stealing forbidden fruit is improper behavior before marriage。Three meanings can be "referred to" for the symbol of "Apple"。

Sosuer likes the two -point method，For example, words and language、meaning and value、Destiny with time、Inner language and external language。Where，Can refer to the most famous pair in the symbol science and refer to the symbol science。His two -point method，You can explain the language and philosophy，can also explain society and law。This analysis mode is used for legal research，As the legal classification of Austin's legal classification, it fully reflects the analysis mode of this symbolism。From Austin's view，When we use the word "law"，There are at least four meanings: one，The divine law of God's rule of the universe;，Real law issued by the sovereignty;，Real morality that does not have sanctions; four，The metaphor of the law of the world operation law。"Law" means that it can refer to，The four meanings are referred to。Putting the law from the law、Real method、Analysis of real morality and metaphor，We get the meaning of the symbol of the law。

　　signs, indexes and symbols

Logic scientist Pierce's classification of symbols is diversified。The most cited is the mark (sign)、Index and Symbol three -point method。Different from Sosuer is，One，Pierce likes a three -point method;，Pierce is more inclined to dynamic analysis。A man holds a toy knife (mark) on the neck of the companion worker，Take a photo (index)，Aduction fonts indicate "I hope" (symbol)，Put it online for people to browse。How to understand the symbolic meaning of this man's behavior?

Dynamic uses Pierce's symbolism，Later scholars are more willing to use "sign" (sign)、"Object" and "Interpretant" symbolic Bet365 lotto review elements and operating processes (SEMIOSIS。In the above example，The man takes the toy knife "want" "kill" his companion and spreads online，As a result, I lost my job。After that, he was made by the law，Photos of Killing Wife on the Internet，Then the transformation intensifies writing poems online to vent dissatisfaction。Poetry created "bullets", "explosion", "campus shooting" and "kindergarten in the range" terrorist atmosphere，Finally he was mentioned criminal allegations of "threatening the lives of others"。This is a real case in 2015 in the United States，Companion workers and his wife did feel the threat of violence，The court and the Court of Appeals are determined to be established。The defendant appealed to the Federal Supreme Court，Supreme Court revoked the original judgment、Sending it back to re -review。Between the symbolic elements of "toy knife", "throat cutting" and "want to do so"，How do we build the legal significance of the defendant symbol? It can be said，The process of legal reasoning of the third -level courts，is a process of legal symbol interpretation。The first two -level courts explained that the defendant's behavior was explained according to the symbol of the jury，The Supreme Court is not enough to constitute a crime in accordance with the symbol interpretation of "reasonable doubt"。

　　Code and decoding

If the meaning of dynamic inspection symbol，So symbolics can evolve into an information project。Here，Symbolology and information science crossing together。No wonder，When modern people analyze Pierce，Called this mathematician、The combination of logicians and symbolians foreshadows the current digital technology and artificial intelligence。Pierce said，The same mathematics and logic，Mathematics is perfect and formal symbolic logic。In the bet365 live casino games field of debate，In addition to strict interpretation and induction，There is also reasoning for reason，Similar to Aristotle's topic rhetoric。Eve send apples to Adam，Eve is the publisher of the information，Adam is the receiver of information，Snake is the help of information transmission，Apple is the object of information exchange。Eve is coded when Eve gave Apple to Adam，Ada must decoding when accepting Apple。Apple from Eve to Adam's hands，The two people's heart leads the gods，The symbol process ends，Adam fulfilled the meaning of Eve。Legal activities are also a process of information dissemination，Legislators hand over the text to the judge to apply，The judge applies the law to the party's case，All are the process of information transmission。Legislators and judges、Between the judge and the parties，It is the two complete information dissemination processes applicable to law。Legislators are the publishers of information，Judge is the receiver of information，The symbol object is the text method。Coding of the legislators is to transform will into legal specifications，The decoding of the judge is the legal reasoning of the specification to the case。During the entire symbolization process，Explanation is the most important，Because the interpreter must respect the objectivity of the symbol，It can not avoid the subjectiveness of the subject。The importance of "explanation" in the process of legal operation，Symbolology is the same as postmodern explanation。

　　surface structure and deep structure

The process of legal argument，Also symbol operation、The process of generating meaning。In this process，Existing structure。The structure is divided into two，The first is the surface structure，The second is deep structure。"Eve send Yaza an apple"，The surface structure is the content bet365 best casino games of text or image expression: a woman gives an apple to a man under the apple tree，A snake on the tree。but，The meaning of the Bible story will not be so simple，We need to know the deep structure of them。Human ancestor Adam and Eve did not hear God's command，Can't stand the temptation of snakes and eat the fruit on the wisdom tree，It is actually a betrayal of God。Violation of God’s will，It will be punished by God，Humans have been kicked out of Eden。Men's labor support home、Women's childbirth and childbirth，This is human "original crime"。Cause and effect of sin and punishment，is the deep structure of Eve sent Ya to an apple。

The operation of legal symbols is the same。Taking the Undaranth method as an example，The surface structure of negligence infringement is the constituent element of legal doctrine: pay attention to obligations、Loss of attention、Dested causal relationship and legal cause and effect。In other words，One，The defendant has an obligation to pay attention to the plaintiff;，The defendant did not fulfill his attention obligations;，The defendant's behavior and the results of the plaintiff have a de facto causal relationship; the four，The defendant's damage to the plaintiff can be reasonably foresee。Four conditions meet，The defendant's infringement liability to the plaintiff's negligence。but，The structure of doctrine does not reveal the complete meaning and real meaning of the negligence。Hovez refers to "an subsidy for new capitalism" is the deep structure of negligence infringement: negligence reflects individualism and liberalism。This deep structure is talking，Trivation related to modern individualism，The threshold for lift the liability for infringement。Let the factory owner、Railway Corporation and Canal Company are exempted from damage and undertaking caused by modern industrial accidents，Overly disorder bet365 Play online games assists the rise of capitalism。When strict responsibility rises、When curbing the error liability，The deep structure of the infringement method changes，Personal rights turn to national benefits。Strong who is overwhelmed to protect the society，Strict responsibility to protect the weak of society。

　　Frequent prospects

The study of legal symbolics has been continuing and accumulating。How is the prospect? We can describe it with the term "confusing"。Sosuer's transformation of the 20th -century philosophy of the West，Play an important role。The disappearance of traditional philosophy，The rise of language philosophy，closely related to his linguistics。and even Levi -Strauss Anthropology，It has nothing to do with his research method。This，Sachel's traditional symbolics and legal linguistics、Legal structuralism and deconstruction、Legal interpretation theory mixed together，Sometimes it is impossible to distinguish it in meticulous。Those postmodernist we know, such as Bartel、Lakang、Foucault and Drida，Both symbolic literature、Psychoanalysis、Scholars of knowledge archeology and text，Also the master of symbolics。We are now incorporated into the legal symbol study sequence，Will they agree?

The legal symbol of the Pierce school，The late Professor Karveneson has set up a research institution of legal and symbolic studies at the State University of Pennsylvania。Now，The famous academic publishing house internationally collected and published the legal and symbolic series，This is a physical material that can be checked by text and books。At the same time，"International Society of Legal Symbols"、"International Legal Symbol Symbols"，and the "International Round Table Conference" of the "Legal Symbolology Study" on the Internet。We cannot determine its authenticity in the online virtual bet365 best casino games world，or，There is a "mark"，and lack the necessary "index"，We cannot decode the meaning of its "symbol"。

It is worth mentioning is，Legal symbols still have two tributaries。One，Critical Law Movement in the United States。They turned to structuralism，Hanging legal politics has the banner of "symbolism"。Its two，Eastern European symbolics in Russia -Poland -Estonia。They are more inclined to study the social and cultural significance of legal symbols。For the Chinese，Cultural tradition and political preference，It is easier to accept the legal symbolism of such politics -society。but，This type of symbolism has space and conceptual gap in the mainstream legal symbolics。

　(The author is a professor at the School of Law of Peking University)