Constitutional Law as Fiction: Narrative in the Rhetoric of Authority

Constitutional Law as Fiction: Narrative in the Rhetoric of Authority

Constitutional Law as Fiction: Narrative in the Rhetoric of Authority

Constitutional Law as Fiction: Narrative in the Rhetoric of Authority

Synopsis

The fundamental thesis of 'Constitutional Law as Fiction' is that in writing the opinion that explains a judgment, a judge not only analyzes and organizes precedent and makes and defends policy or value judgments, but he or she also tells a story, much as a historian does. Like a history, this story has the appearance of simple truth, but, in fact, of necessity, it is a 'fiction' as well--not in the sense of a lie or fairy tale, but in the sense of a constructed meaning.
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