purposivism


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purposivism

any of various theories of nature or of animal and human behavior based upon teleological doctrines. — purposivist, n.
See also: Philosophy
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3052,3054 (2015) ("A private entity, through contractual arbitration provisions, can now significantly reduce or even remove its substantive legal obligations by eliminating claiming."); David Horton, Federal Arbitration Act Preemption, Purposivism, and State Public Policy, 101 GEO.
As a result, purposivism is unlikely to ultimately prove a successful argument for states, and it remains worth examining whether the Constitution might give states any leniency from the Lanham Act's regulations.
Purposivism is a related--though distinct--theory that places great weight on the purpose of the statute.
Even if there are some cases where textualism and purposivism fully overlap--i.e., where textualists and purposivists use the same evidence in the same way--it is not at all clear that judges can determine when this is the case.
They have been popularized as textualism, (218) intentionalism, (219) originalism, (220) purposivism, (221) pragmatism, (222) realism, (223) critical legal theories, (224) and Dworkinianism.
355 (2012) (observing and arguing for judicial use of purposivism to interpret administrative regulations).
6 has remained consistent since the original version of that provision was enacted in 1875, and it has always excluded former advocates." (102) The clear meaning of the text--particularly at the time of an enactment--is an overriding preoccupation of originalists, but seems to contradict more flexible forms of purposivism sometimes advocated in the Canadian context.
On that island, there is the historical oddity of superior court jurisdiction, a relic of originalism not purposivism, not discarded but worshipped.
(102) But purposivism cannot cure all overinclusiveness,