In an unusual intersection of food and law, last week’s verdict in Indiana did more than raise a few eyebrows among culinary enthusiasts; it prompted a discussion among legal analysts about the interpretation of legal principles. This discussion resulted from a court ruling that stated “tacos and burritos are Mexican-style sandwiches.”
The case revolved around a restrictive agreement that limited any restaurant in a particular strip mall to selling “made-to-order or subway style sandwiches” and did not offer alcohol or outdoor seating. The intent behind this contract, supported by court documents, was to keep fast-food chains from occupying this space.
Social media users criticized the court’s decision; however, when viewed through the contractual terms, it seems logical. The agreement seemed to aim to prevent the mass-creation of hamburger sandwiches, implying nothing against other kinds of sandwiches. Exploring this idea further, originalism traces the sandwich back to its basics of a “Hamburg style steak” nestled between bread.
Textualism, originalism, or “textual originalism,” as Judge Richard Posner identified Scalia’s theory, cannot dictate well without genuinely analyzing the meaning of words in context. The sandwich exclusivity clause in the contract would seem inadequate if other products made from “bread, cheese, meat, vegetable” were not given equal footing. The matter of tacos or burritos failing to categorize as sandwiches falls in a gray area but is certainly not definitive.
In a broader sense, the situation highlighted by Posner, the misuse of dictionaries to pander to interest groups, is of genuine concern. A shift in perspective to a contextual approach, considering the understanding of the “living political community,” could offer more balanced interpretations.
Finally, differentiating between a taco, a sandwich, or a hamburger may all be in a day’s work for culinary aficionados; for the legal system, it represents another case that dives deep into the realms of interpretation. This process essentially raises the discussion on how laws and norms are understood and applied in society. In closing, whether or not tacos are sandwiches will largely depend on the cultural, traditional, and scientific context at play.
More information can be found in the articles ‘‘Tacos are Mexican-style sandwiches,’ judge rules in Indiana court‘ and ‘The Incoherence of Antonin Scalia
.