‘Legal Theory Lexicon: Narrative and Normativity’

“Many law students learn about ‘narrative’ at some point in law school. Of course, narratives (or more simply ‘stories’) are all over the law. Individual cases include narratives in their recitation of the facts and procedural history. Sequences of cases can be studies as narratives, with events both internal and external to the law woven into a story about how and why the law changed. Some legal narratives stress the internal development of the law: the law works itself pure. Other legal narratives lay emphasis on forces external to the law: a Marxist narrative might explain legal change as a response to the interests of the capitalist class. Narratives like these seek to explain legal change. We might call them ‘causal narratives’ …” (more)

[Lawrence Solum, Legal Theory Blog, 27 September]

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