fidelity, with the predominant camps being textualism and purposivism
134) It is fair to say that textualist criticisms of purposivism
certainly apply to interest analysis to the extent that interest analysis attempts to determine the policy underlying a statute and that interest analysis is willing to make use of legislative history to accomplish that goal.
The second problem with the reasonable reader framework is that it fails to describe textualism in a way that meaningfully distinguishes it from purposivism
This paradigm is neither purely literary, which would require more categories, nor purely legal, which would require engagement with existing, but heavily overdetermined terms, like textualism, originalism, and purposivism
Canada between intentionalism and purposivism
with the effect being that
In Part V, I will adjudicate the dispute between the fidelity and coherence models by relying on an eclectic but robust set of theoretical insights--insights that have become central to the three dominant methodologies of statutory interpretation: intentionalism, textualism, and purposivism
Posner, Pragmatism Versus Purposivism
in First Amendment Analysis, 54 STAN.
119) His inability to reconcile the Code's language and policy preferences created strains for a conscientious judge who saw the virtues of pragmatism and purposivism
in other contexts, (120) so he sought and found alternatives to his unsuccessful venture in Estate of Gourielli.
is also the method, I contend, that brings the core activities of the university--not just lectures, but also research activities and the selection of faculty and student-within the protection of the First Amendment and that gives constitutional status to the principle of academic freedom.
In Nigeria, however, the approach that logically appears to have the historical antecedents to supplant literalism would appear to be purposivism
76) The idea of judgments as reasoned elaborations that are legally authoritative because of their justificatory potential finds support in many schools of thought including legal process, textualism, purposivism
, principled adjudication, and reason-giving in the common law.
de-emphasizes the legislature's intent and instead seeks to understand the statute's broad purposes to determine whether implication of a private right of action would further the statute's purpose.