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the purposive approach choses the interpretation that furthers the purpose of a legislature. but does it take into account things like if a broadly worded law was intended to he applicable to particular cases or not (example if such a case was taken into account, would the drafters want the case to fall within th scope of the law or not)

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It does not, as prosecutors often use statutes for purposes other than the purposes for which they were intended. See, e.g., Yates v. United States, 135 S. Ct. 1074 (2014).

For a very straightforward example, take the classic law school hypothetical: A law that says "No cars in the park."

If you drive your truck into the park, a purposivist approach would permit your conviction for violating the statute. In that case, purposivism favors the state.

But if you bring a Matchbox car into the park, a purposivist approach would not permit your conviction for violating the staute. In that case, purposivism favors the defendant.

And of course, prosecutors are a creative bunch, so they're forever coming up with new ways to existing statutes to prosecute people using statutes that aren't a natural fit for their misconduct.

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  • does there have to be a substantive reason for why a particular class of cases shouldn't have the law applied to them ?
    – user49663
    Commented Apr 23, 2023 at 3:42
  • or for example if an act is still bad would it be fovered by the law even if the drafters didn't have it in mind
    – user49663
    Commented Apr 23, 2023 at 7:19
  • Those are interesting but separate questions.
    – bdb484
    Commented Apr 23, 2023 at 15:55

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