Hermeneutics of exclusion: A Vision inside Legal Contexts
Amal F. Kordofany
This article attempts to highlight a new concept of reading the legal text, through many indicators that lead to the exclusion of other perceptions, in contrast to the theory of mental representation and the theory of reception which believe that understanding results from the emergence of perceptions when reading the legal text.
Awareness of a text begins (ontologically), (the ontological presence of the reader), in contrast to the restricted evocation of the author The reader does not produce meaning, contrary to what the reception theory says1. but excludes meanings, and he withholds others, apparently refraining from excluding them, according to the indications of textual exclusion. Therefore, the reception theory is mistaken in that it assumes the recall of meaning across the horizon of expectations2, since expectations do not mean anything before the text more than they are fully present in existential consciousness. The evidence for that is the sign of breaking the horizon of expectations. Because this fraction in turn assumes that the expectations are prior to the text, and this is logically impossible unless these expectations are complete. The text itself does not break expectations because it is not born in a void but rather within an ontological density (we can call it unlimited holistic expectations), and this density are all excluded indicators, however, they are invasive, loose, fragmented, and crowding-out indicators, and when the text is born, it changes those exclusionary indicators so that brief exclusions occur, and when it expands, new exclusions and new counter-reservations occur, and this mental process is endless, and it cannot be subject to a chronological or hierarchical sequence, rather, it is carried out in a concurrent and expanded group manner, which requires a variety of textual exclusion indicators, i.e. the minor and major indicators throughout reading the text and then after reading the text. as consciousness is always ontological, it widens with the breadth of sensory and mental experience, and it is necessary that the text remains operating within it continuously. Therefore, we may read the text today with a different eye than a few months ago, or before our enlightenment with a broader existential realization that imposes on us new exclusions to narrow the ontological presence of meaning.
(2)The exclusion index: On the other hand, it is the one that makes some perceptions remain within the ontological field, so that their exclusion is prevented and their survival is subject to: either a new exclusion indicator or an anxious presumptive presence, and this is what makes the meaning a permanent possibility, The exclusion indicator is a small (minor) indicator when it asks the reader to do that exclusion within the context of the text., And it is major (or holistic) when it results from the discovery of the causes linking the minor indicators so that they all refer to the holistic or greater meaning of the text, and whenever small indicators emerge, they must be accompanied by major indicators, in order for the unity of discourse or textual form to be correct.. The indicators of exclusion are stratified in their general manifestation, so that there may be multiple indicators, and each indicator is greater in relation to the indicators below it and smaller than what is above, and since the indicators of exclusion are not the meaning; It merely indicates that some illusions are not the meaning and therefore should be excluded. When the law speaks about the necessity of not violating public morals, we, within the framework of our ontological awareness, are faced with several indicators of exclusion, some of which are internal related to the text and some of them are external. As we are talking about the law, The law in itself and with all its ontological presence will refer to the exclusion of what is not related to the law, and thus preserving only what is legal, But we may find that the law after that may refer us to external indicators of exclusion that exclude it itself from attendance despite the necessity of its survival, so when Article (125/2) of the Criminal Law of 1991 stipulates that: (The act is considered a breach of public morals if it is in the standard of religion the perpetrator adopts or the custom of the country in which the act takes place), then religion and custom are two indicators outside the first exclusionary indicator, which is the law (legislation), and they in turn ask us to exclude the law itself and exclude all Our other existential fantasies and urging us to detain them are only as criteria for what is considered public morals, and thus, perception occurs by exclusion and detention, and this is not a successive hierarchical process, but rather it crosses the horizon of consciousness in parallel. Then the understanding takes place in a holistic manner of the legal text
The text before its appearance is firmly rooted in the cosmic, and upon its launch with its first vocalization it is dwarfed by the type of language that excludes the other, by its gender that excludes all other races, and by its intense details that require excluding the other. Therefore, there is no break of expectations as mentioned above, but rather turns in the indicators of exclusion and thus new exclusions, from law to religion to custom, based on explicit or implicit causes, and the disclosure of these causes is what achieves the link between the indicators of exclusion in a total way, and therefore we are We move from indicators of minor exclusion to major, and from major (minor) to major (major), and so on ... These major indicators are those that reunite the text into a unified meaning, throw it into the horizon of openness, or judge it as absurd.
The idea of expectations or the presence of meaning has remained a major reason for the weakness of the results of some modern linguistic sciences, such as the theory of mental representation, which has not yet been able to explain intelligent behavior3, and as the problems that hindered the ontology of language, which is a science that tries to build connections to networks of vast relationships digitally4, although this is impossible. , Due to the entrenchment of the Kantian cognitive division5, and this science could have made leaps if it relied on the idea of exclusion, not expectation. Exclusion does not require an impossible pursuit like the Aristotelian classification through the Saussurean level of the signifier and the signified, because the signifier is always metaphorical, and it is only suitable for it to be so, and this is what makes it inapprehensible.
(3) Exclusion mechanisms: But how does exclusion happen? Exclusion may be structured (scientific), so it is limited. or intuitive and this is often so it is not limited.
It is noted that the creation of the legal text takes place by building indicators of exclusion, and therefore it is a process contrary to understanding, even if it is directed towards it, and it takes place within the conceptual framework (The plane of immanence or planomène ) as described by Deleuze6.
(4) applications of exclusion theory: As for the applications of exclusion theory (which are endless), you can start from the following example:
(A) and (b) in simple dialogue:
(A) - There is a law that governs everything ..
(B) - A cosmic law?
(A) - I mean a law that governs all our humanitarian activities ..
(B) - Do you believe in fate?
(A) - I mean that law that is issued by Parliament.
We will notice that the word law can be applied to any rule governing a steady relationship between two or more things, or what the Oxford Dictionary calls regularity in natural events7. The law here may be a physical law, a social law, or a law issued by Parliament or theological law.
What he did (a) at the end of the dialogue was that he limited all possibilities that took place in (b )’s imagination to the concept of parliamentary law. In fact, he asked (B) to eliminate perceptions one by one ... as (B) was moving towards (A) through continuous exclusions. The origin of our understanding is not summoning but exclusion. We will notice that all the theories related to interpretation, reception, and even formal logic stemmed from summoning and assimilation (the horizon of expectations), not exclusion, and we will see that this breakthrough resulted in many problems in those theories. in deconstruction, for example, there was the principle of delay and postponement8, because the text does not Metasymbolic. In fact, we will discover that the text does not imply meaning but rather refers to what reinforces our exclusions (indicators of exclusion). A text that does not give that reference is an ambiguous text. The text or discourse (more broadly) does not necessarily have to be specific to all of its elements to achieve comprehensive exclusion indicators, but rather it is sufficient to rely on its own contexts. Intertextuality and cultural selectionism is one of those promoters of the exclusion process. We will notice, for example, that the contract may contain - and often this is what happens - a set of sentences recognized by jurists; like (boilerplate clauses and core clauses), these sentences, (and throughout their legal life, within this field, across all Law institutions and the features of their legal effects), were formed through various applications, so that they acquired preciseness that prevent any competition from other perceptions, as it does not need to spend an abundant effort in the exclusion process. Likewise, precedents and judicial principles reinforce exclusion, so the interpretation of the word (person) includes the meaning of the juridical person in addition to the natural person, which pushed the exclusion process forward, so that all other perceptions collapsed. . The legal text also promotes exclusion, so when we find that the law defines money as: (anything or right has material values in dealing) (Article 25/1), it moves - relatively - inside the common perception that falls within the ordinary language ontology, but returns to demand the exclusion of some of the Present perceptions; The second paragraph of the same article stipulates that whatever comes out of dealing by its nature (such as birds in the sky and fish in the seas) or by virtue of law (such as drugs) is excluded from that perception. But it may return to ask the reader not to rule this out in exceptional cases such as drugs that are circulating for medical purposes, so the circle of exclusion narrows. Therefore, the legal definition always tries to exclude all competing conceptions, leaving some of them to represent their meaning. Whether the reader is a layman, a judge, or a jurist, and the more the text expands from the circle of exclusion, narrowing the ontological horizon, the more the transition from ordinary language to positivism occurs.
1 . David Carter, Literary Theory, Pocket Essentials, 2006, p.87.
2 . Raman Selden, Peter Widdowson, Peter Brooker, A reader’s guide to contemporary literary theory, Pearson Education Limited, Fifth edition, 2005, p.50.
3 . Represntation on mind: New Approaches to mental representation, Ed. Hugh Clapin, Philips Staines, Peter Slezak, ELSEVIER, New York, First Edition, 2004, pp. 1-2.
4 . Jérôme Euzenat , Pavel Shvaiko, Ontology Matching, Springer Berlin Heidelberg New York, 2007, p.36.
5 . Kant starts from two types of knowledge; Priori and post experimental. Kant speaks here of the general knowledge perceived by the senses, as it always remains a relative knowledge, subject to refutation, as it is of relative (Inclusiveness)or (Extension). - Immanuel Kant, The Critique of Pure Reason, Ed. Paul Guyer, Allen W. Wood, Cambridge University Press, United Kingdom, 1998, pp. 136,137.
6 . Gilles Deleuze , Félix Guattari, Qu’est-ce que la philosophie?, Les Édition De Minuit, 2013.
7 . The Oxford dictionary of current English, ed. Delia Thompson, 2nd ed. Oxford University Press, 1993., p.500.
8 . K. M. Newton, Twentieth-Century Literary Theory, Macmillan Education, Second Edition, 1997, p.112.
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- Amal Kordofany (Author), 2021, Hermeneutics of exclusion. A Vision inside Legal Contexts, Munich, GRIN Verlag, https://www.grin.com/document/1005522