Lecture I. Introduction. The Method of Philosophy. T HE work of
Lecture I. Introduction. The Method of Philosophy. T HE work of

... T HE work of deciding cases goes on every day in hundreds of courts throughout the land. Any judge, one might suppose, would find it easy to describe the process which he had followed a thousand times and more. Nothing could be farther from the truth. Let some intelligent layman ask him to explain: ...
The rule of law - IHMC Public Cmaps (3)
The rule of law - IHMC Public Cmaps (3)

... The rule of law, in its most basic form, is the principle that no one is above the law. Thomas Paine stated in his pamphlet Common Sense (1776): "For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other." In England, the issuing of ...
321glossary
321glossary

... hegemony: leadership or dominance, especially by one country or social group over another incapacitation: preventing criminals from committing more crimes by taking actions that make it impossible for them to do so justiciability: the question of whether a dispute or issue is one over which a court ...

Purposive approach

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 (i.e., a statute, part of a statute, or a clause of a constitution) in light of the purpose for which it was enacted.The historical source of purposive interpretation is the mischief rule established in Heydon's Case. Purposive interpretation was introduced as a form of replacement for the mischief rule, the plain meaning rule and the golden rule to determine cases. Purposive interpretation is exercised when the courts utilize extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule.Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines elements of the subjective and objective. Barak states that the subjective elements include the intention of the author of the text, whereas the objective elements include the intent of the reasonable author and the legal system’s fundamental values.Critics of purposivism argue it fails to recognize the separation of powers between the legislator and the judiciary. The legislator is responsible for the creating the law, while the judiciary is responsible for interpreting law. As purposive interpretation goes beyond the words within the statute, considerable power is bestowed upon the judges as they look to extraneous materials for aid in interpreting the law.