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Purposive theory
Purposive theory is a version of interpreting the law that suggests that common law courts interpret the legislation more on the purpose of the legislation over the exact letter of the law.[1]
Background
Harvard law professors Henry Hart and Albert Sacks wrote a purposive theory of law in the late 1950s. To explain the approach, they set out a brief set of instructions for courts to follow:
| “ | 1. Decide what purpose ought to be attributed to the statute and to any subordinate provision which may be involved; and then 2. Interpret the words of the statute immediately in question so as to carry out the purpose as best it can, making sure, however, that it does not give the words either: |
” |
Opposition
Opponents of purposive theory argue that courts are not an appropriate forum to look at legislative purpose, favoring instead the theory of textualism, which says that law should interpreted by its plain text.[4]
Footnotes
- ↑ Rich in Style, "Statutory Interpretation," accessed June 30, 2009
- ↑ Judicial Commission of New South Wales, "Structuring Purposive Statutory Interpretation — An American perspective," accessed January 8, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Google Books, "Purposive Theory In Action," accessed June 30, 2009
