WebApr 4, 2024 · In this Essay, Professors Tyler and Meares highlight the ways in which recent social science research supports the model of jurisprudence articulated by Justice Sotomayor. Her model defines building identification with political and legal institutions as an important goal for the Court. It further suggests that this goal is best achieved when … WebInterpretive systems are commonly divided into the purposivist, intentionalist, and textualist camps.5 These categories are not air-tight, and there is considerable cross-over both in practice and on the theoretical level.6 Generally speaking, a purposivist interprets 4. Philip P. Frickey, From the Big Sleep to the Big Heat: The Revival of ...

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WebJun 15, 2024 · Today's Supreme Court decision holding that Title VII of the Civil Rights Act of 1964 forbids employment discrimination against gays, lesbians, and transsexuals is well … 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 … See more Plain meaning rule The plain meaning rule gained popularity during the 18th and 19th centuries as the courts took an increasingly strict view of the words within statutes. Under the plain meaning rule, courts … See more Section 15AA of the Acts Interpretation Act 1901 of Australia states that the interpretation that best achieves the purpose or object of … See more A 1969 report of the English Law Commission proposed that the English courts should adopt a purposive approach. That endorsement did much to boost the profile and … See more Section 5(1) of the Interpretation Act 1999 states that Acts must be interpreted according to their purpose. See more Internal aids to statute interpretation Generally, prima facie must be given as a general rule of statutory interpretation. If the words are clear and free from ambiguity, there is no need to refer to other means of interpretation. However, if the words in the … See more Statutory interpretation In Canada, the purposive approach was developed and expanded by Elmer Driedger in his 1974 book, The Construction of Statutes. Driedger referred to this approach not as "purposive", but as "the modern principle" of … See more Israel's legal community is largely purposivist and has rejected such methods of interpretation as narrow textualism and static historicism. The term "purposive … See more exterior wood white paint

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WebJSTOR Home Webphilosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political … WebJan 8, 2024 · In both cases, purpose attributions appear to be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. exteris bayer