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Purposive Interpretation in Law

by Aharon Barak

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Purposive approach Wikipedia The purposive approach sometimes referred to as purposivism purposive construction purposive interpretation or the modern principle in construction is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment a statute part of a statute or a clause of a constitution within the context of the laws purpose The Purposive Approach to Statutory Interpretation The Purposive Approach to Statutory Interpretation It has often been said that the purposive approach is a mixture of the domestic rules however whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament Interpretation of Statutes The Purposive Approach The purposive approach sometimes referred to as purposive construction purposive interpretation or the modern principle in construction is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment that is a statute a part of a statute or a clause of a constitution in light of the purpose for which it was enacted Purposive Interpretation in Law Aharon Barak Sari Bashi Currently legal philosophers and jurists apply different theories of interpretation to constitutions statutes rules wills and contracts Aharon Barak argues that an alternative approachpurposive interpretationallows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences Purposive Interpretation in Law on JSTOR Purposive interpretation is based on language purpose and discretion¹ Language sets the limits of interpretation² Purpose determines the choice of legal meanings within the boundaries of language Discretion operates when the purpose of the text does not point to a single unique legal meaning Purposive Interpretation in Law Aharon Barak Google Books Purposive Interpretation in Law Establishing the ultimate purposeand thus the legal meaningdepends on the relationship between the subjective and objective purposes that is between the original intent of the texts author and the intent of a reasonable author and of the legal system at the time of interpretation A Purposive Interpretation of Criminal Law The Case of A Purposive Interpretation of Criminal Law The Case of the Speluncean Explorers Barak A and Bashi S Purposive Interpretation in Law Purposive Interpretation in Law Aharon Barak Translated from the Hebrew by Sari Bashi He is the winner of the 2006 Gruber Justice Prize from the Peter and Patricia Gruber Foundation He is the author of Judicial Discretion Yale numerous articles in Englishlanguage law journals and several books in Hebrew PDF Download Purposive Interpretation In Law Free Adopting a purposive approach to interpretation and legislative reform this volume addresses this crisis of mismatch It first articulates the goals of labour law both general and specific through an indepth normative discussion and a consideration of critiques The “Purposive” Approach to Statutory Interpretation What In this way the purposive approach to statutory interpretation shows significant deference to Parliament Courts will interpret the words chosen by Parliamentarians in accordance with Parliament