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)
1 Answer
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.
-
does there have to be a substantive reason for why a particular class of cases shouldn't have the law applied to them ?– user49663Commented 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– user49663Commented Apr 23, 2023 at 7:19
-