Vincent Colapietro

Too often C. S. Peirce’s theory of signs is used simply as a classificatory scheme rather than primarily as a heuristic framework (that is, a framework designed and modified primarily for the purpose of goading and guiding inquiry in any field in which signifying processes or practices are present). Such deployment of his semeiotic betrays the letter no less than the spirit of Peirce’s writings on signs. In this essay, the author accordingly presents Peirce’s sign theory as a heuristic framework, attending to some of the most important ways that it might serve to facilitate a semeiotic investigation of our legal practices. He pays close attention to the ways the topics of history, formalism, reductionism, and generality become, from a Peircean perspective, salient features of legal studies.

Both Dewey and Bourdieu emphasize the extent to which human practices are inherited practices, and the extent to which inheritance is a function of imitation. Affinities between Dewey's concept of habit and Bourdieu's notion of habitus are explored. This essay focuses on four variations on the theme of doing the done thing: philosophers doing philosophy in a recognizable form, nations perpetuating war as the unwitting enactment of a repetition compulsion, cultures fostering such democratic practices as communal deliberation, and simply the done thing as an integral part of human practices.