Making Meaning: Towards a Narrative Theory of Statutory Interpretation and Judicial Justification
12 Ohio State Bus. L.J. 1 (2017)
60 Pages Posted: 18 Sep 2017 Last revised: 7 Nov 2018
Date Written: September 14, 2017
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.
Keywords: Racketeer Influenced and Corrupt Organizations Act, RICO, Sherman Act, Clayton Act, antitrust extraterritoriality, legal theory, interpretation, justification, narrative, narrativity, history, legislative history, statutory purpose, legislative intent
Suggested Citation: Suggested Citation