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Narrative Coherence and Its Function in Judicial Decision Making and Legislation

Narrative Coherence and Its Function in Judicial Decision Making and Legislation JAN M. VAN DUNN3 Narrativ e Coherence and Its Function in Judicial Decisio n Making and Legislation I. INTRODUCTION Developed in fields of philosophy, literature, and history, narrati- vism, the role of th e "narrative" (story), has been getting increasing attention in legal circles within the last decade. One could expect a positive attitude towards this line of thought: aren't lawyers by defi­ nition storytellers, and ha s this not been th e case since th e days legal practice was exercised on the Forum, the Agora or other places? Not to mention the common saying in the United States, where the law studen t would often be asked: "Are you a lawyer or a liar?" (at least in th e 1960's, when I was a law student). The reception of narrativism is illustrated in the topic tha t was chosen for the 1994 International Academy of Comparative Law con­ ference in Athens: "The style of legislation: narrative norms and con­ straining norms." The term "narrative norms" is a novel one; i t was also used by Erik Jaym e in a recent article titled: "Narrative Normen im Internationalen Privat- und Verfahrensrecht." The presentation of "narrativ e norms" is http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Narrative Coherence and Its Function in Judicial Decision Making and Legislation

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Publisher
Oxford University Press
Copyright
© 1996 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840497
Publisher site
See Article on Publisher Site

Abstract

JAN M. VAN DUNN3 Narrativ e Coherence and Its Function in Judicial Decisio n Making and Legislation I. INTRODUCTION Developed in fields of philosophy, literature, and history, narrati- vism, the role of th e "narrative" (story), has been getting increasing attention in legal circles within the last decade. One could expect a positive attitude towards this line of thought: aren't lawyers by defi­ nition storytellers, and ha s this not been th e case since th e days legal practice was exercised on the Forum, the Agora or other places? Not to mention the common saying in the United States, where the law studen t would often be asked: "Are you a lawyer or a liar?" (at least in th e 1960's, when I was a law student). The reception of narrativism is illustrated in the topic tha t was chosen for the 1994 International Academy of Comparative Law con­ ference in Athens: "The style of legislation: narrative norms and con­ straining norms." The term "narrative norms" is a novel one; i t was also used by Erik Jaym e in a recent article titled: "Narrative Normen im Internationalen Privat- und Verfahrensrecht." The presentation of "narrativ e norms" is

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 1996

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