The Stability and Dynamics of Vague Legal Concepts as the Central Core and Periphery of Social Representations 1

Studies in Logic, Grammar and Rhetoric 69 (1):489-513 (2024)
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Abstract

In a related project, the social representation of public order among legal professionals has been explored by means of semi-structured interviews (Smejkalová et al. 2022). The participants of this research represent public order, inter alia, as a stable safeguard of fundamental social values while recognizing its vagueness and inherent propensity for change. This contradiction between its purpose to provide stability while being subject to social or temporal contexts seems akin to the structural approach to social representations. The social representations approach (Moscovici 1961, 2001) is an approach used in social psychology, rooted in the idea that social objects or phenomena must be represented by a social group in order to perform any kind of social function. Within this approach, a structural (Abric 1993) differentiation between a stable, normative central core of a social representation, and flexible periphery has been developed. The contradictions between the stability and dynamics of public order the participants talk about are not dissimilar from the theoretical considerations of the structural approach to social representation. Moreover, Moscovici’s (2001) and Wachelke’s (2012) framing of social representations especially resonates when applied to public order, pointing towards its role as a system facilitating communication and orientation within a social group. The present study utilizes the data available from the transcripts of these interviews with a single focus on the themes of dynamics and stability. It aims to discuss these themes across various disciplines, offering links that might have been overlooked. This study further underscores the usefulness of the social representation approach in legal conceptualization, advocating for the necessity of more synthetic approaches merging philosophy, linguistics (semiotics), social psychology, and law to enrich further understanding in this domain.

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