Interpretazioni corrette, interpretazioni scorrette, interpretazioni creative

A theory of interpretation that fails to account for the possibility of misinterpretation runs the risk of consigning interpretive activity to the realm of purely arbitrary activities, and of making much of the activity that takes place in law nonsensical (or explicable only by recourse to some form of error theory, or gigantic self-deception). Before embracing outcomes of this sort – which, of course, cannot be entirely excluded from the range of possibilities – it is worth trying to explore the idea that, instead, talk of misinterpretation makes perfect sense: i.e., the idea that the category of interpretive error is not conceptually ill-formed or empirically unverifiable.