Wednesday, May 6, 2009
The investigation, undertaken by the Justice Department's Office of Professional Responsibility, seeks to determine whether memoranda — written by Yoo, when he was at the Office of Legal Counsel at the Justice Department, and his colleagues there — were so flawed as legal interpretation that they did not meet legal standards.
The question that interests — and troubles — me here is this: Can one be guilty of misinterpretation to the degree that one is punished by loss of one's license to interpret?
Brooks eventually makes some distinctions between literary and legal interpretation, as well as between academia and legal practice. While it might be more strongly argued, it does illuminate some of the ways in which law is text and the ways in which law is not (merely?) text.