51 Pages Posted: 22 Feb 2011
Date Written: February 22, 2011
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
Suggested Citation: Suggested Citation
Blomquist, Robert F., Overinterpreting Law (February 22, 2011). Valparaiso University Legal Studies Research Paper No. 11-01. Available at SSRN: https://ssrn.com/abstract=1766766 or http://dx.doi.org/10.2139/ssrn.1766766