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Article
Making Meaning: Towards a Narrative Theory of Statutory Interpretation and Judicial Justification
Ohio State Business Law Journal
  • Randy D. Gordon, Texas A&M University School of Law
Document Type
Article
Publication Year
2017
Abstract

The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge narrates legislative history. I conclude by remarking that a narrative theory of interpretation and justification may have universal relevance.

Num Pages
60
FIle Type
PDF
Citation Information
Randy D. Gordon. "Making Meaning: Towards a Narrative Theory of Statutory Interpretation and Judicial Justification" Ohio State Business Law Journal Vol. 12 Iss. 1 (2017) p. 1 - 60
Available at: http://works.bepress.com/randy_gordon/35/