The Role of Contextual Meaning in Judicial Interpretation

Jonathan Crowe 

The University of Queensland - T.C. Beirne School of Law
January 19, 2014

Federal Law Review, Vol. 41, No. 3, pp. 417-442, 2013 
Abstract:      

This article examines the relevance to judicial interpretation of contextual meaning: the meaning legal texts hold when considered in full light of their social and moral context. I argue first that, as a descriptive matter, contextual meaning is necessarily prior to any more restricted form of textual interpretation; that is, the contextual meaning of a legal text is its ordinary meaning. I then contend that, as a normative matter, judges should presumptively apply ordinary or contextual meaning when construing legal materials. The remainder of the article explores the nature and limitations of the contextualist model of judicial practice. The possibility of conflicts between contextual factors at different levels of abstraction makes it necessary to distinguish narrow and wide versions of the contextualist methodology. I argue that wide contextualism offers the best overall account of judicial interpretation. I conclude by examining the practical and normative limitations of this model.

Number of Pages in PDF File: 26

Keywords: Meaning, interpretation, context, judging, Heidegger, Gadamer, Goldsworthy

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2381655