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The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] 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 ...
Purposivism is a legal theory that a court’s statutory interpretation should reflect the statute’s original purpose. Purposivism assumes that the representatives who created the legislation were reasonable in their intentions.
It argues that Chief Justice Roberts is the catalyst of both trends and proposes three explanations for their confluence: first, an inclination toward judicial empowerment; second, an effort to respect congressional will; and third, an impulse to afford major cases special treatment.
Purposivism is best understood as a form of intentionalism that is concerned with objectified intentions. Given the closeness in meaning of the terms intentions and purposes , it is confusing that intentionalism and purposivism are frequently distinguished in the legal interpretation literature.
The meaning of PURPOSIVISM is any of various theories of nature or of human and animal behavior that regard purpose or conscious intent as a basal fact.
interpretation—purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. While purposivists argue that courts should prioritize interpretations that advance the statute’s purpose, textualists maintain that judges should primarily confine their focus to the statute’s text.
In essence, purposivism suggests that human behavior is not simply a result of randomness or chance, but rather is guided by some larger purpose or intention. Purposivism has been used in a variety of contexts, from philosophy and religion to business and economics.
Purposivism is a method of statutory interpretation that seeks to understand the purpose and intent behind a law, rather than focusing solely on the literal meaning of its words.
How does purposivism relate to other methods of interpretation? How can purposive interpretation be justified or criticized? This entry is organized around these questions.
Purposivism in the United States is used to interpret a statute with broadly worded text and a seemingly clear purpose. When employing purposivism, the court is concerned with understanding the law's purpose or "spirit".