Robert Cover’s narrative approach to constitutionalism

Goldoni, M. (2010) Robert Cover’s narrative approach to constitutionalism. Italian Society for Law and Literature, 2010, pp. 1-21.

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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.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Goldoni, Professor Marco
Authors: Goldoni, M.
College/School:College of Social Sciences > School of Law
Journal Name:Italian Society for Law and Literature
ISSN:2035-553X

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