Robert Cover's Narrative Approach to Constitutionalism

Italian Society for Law and Literature - Essays, Forthcoming

15 Pages Posted: 7 Mar 2010

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Date Written: February 15, 2010

Abstract

This paper aims to prove that Robert Cover’s theory of narrative might play an important role for contemporary constitutionalism. In particular, it purports to show that the main insight of Cover’s legal philosophy should be found in the idea that meaning, and not authority or power, forms the basis for the legitimacy of a constitutional order. The proliferation of legal meanings is valuable in itself and it represents an enrichment of social life. Violence will unavoidably emerge as a necessary evil in order to let normative worlds flourish. Nonetheless, narrative plays a central role in Cover’s theory because it is the source of legal meaning. Therefore, constitutionalism itself should be thought as a narrative, among many others, especially committed to the reduction of violence.

Keywords: Robert Cover, Legal Narratives, Constitutionalism

Suggested Citation

Goldoni, Marco, Robert Cover's Narrative Approach to Constitutionalism (February 15, 2010). Italian Society for Law and Literature - Essays, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1566125 or http://dx.doi.org/10.2139/ssrn.1566125

Marco Goldoni (Contact Author)

University of Glasgow - Faculty of Law & Financial Studies ( email )

Glasgow, Scotland
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/marcogoldoni/#tabs=0

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