From Inherited Meaning to Legal Category: Language and Law
SCOTUS. AI image Introduction Recent debates before the United States Supreme Court concerning sex-segregated sports have revived a question that appears, at first glance, almost self-evident: what is a woman? The persistence of this question, however, suggests that the difficulty does not arise from everyday language suddenly failing to function. Speakers of English continue to use the term without hesitation in ordinary contexts. The problem emerges instead when an inherited word from natural language is transferred into a legal system that depends on explicit, operational categories in order to adjudicate rights and obligations. This article approaches the controversy not from a legal or ethical standpoint, but from a linguistic and semiotic one. Drawing on Ferdinand de Saussure’s conception of language as an inherited social institution, together with Roland Barthes’s distinction between first-order and second-order semiotic systems, it argues that the current impasse reflects ...