Academic

Blomquist on Overinterpreting Law

By Lawrence Solum

Robert F. Blomquist (Valparaiso University School of Law) has posted Overinterpreting Law on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on February 25, 2011 (boomark / email).