Overinterpreting Law
51 Pages Posted: 22 Feb 2011
Date Written: February 22, 2011
Abstract
Overinterpretation has attracted considerable attention in other fields, such as literary studies, science, and rhetoric, but it is under-theorized in law. This Article attempts to initiate a theory of legal overinterpretation by examining the rhetorical nature of excess, the sociological dimensions of roles in team performances, and citation to legal and non-legal sources that have discussed overinterpretation. The Article concludes by positing illustrative categories of potential legal overinterpretation, and an examination of ways to minimize legal overinterpretation through a judicious, pragmatic balance between abstract considerations and concrete considerations in law.
Keywords: Interpretation, Overinterpretation, Theatricality of Law, Law and Excess, Norms of Legal Interpretation
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