Article
Overinterpreting Law
Law Faculty Publications
Document Type
Article
Publication Date
1-1-2012
Disciplines
- Law and
- Legal History
Abstract
Overinterpretation has attracted considerable attention in other fields, such as literary studies, science, and rhetoric, but it is undertheorized 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 providing an examination of ways to minimize legal overinterpretation through a judicious, pragmatic balance between abstract considerations and concrete considerations in law.
Citation Information
Robert F. Blomquist, Overinterpreting Law, 116 Penn St. L. Rev. 1081 (2012).