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Examples
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The stopping point is usually found in the text, and "purposivist" arguments for going past it should usually fail.
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In my view, one wildly undeveloped area in the textualist/purposivist/etc debate involves regulations and statutes, and beyond mere Chevron deference to extend to how practitioners look at language.
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In the end, I think too often the textualist/purposivist/intentionalist debate skips immediately to constitutional law, where it is arguably the least helpful (clearly, the clauses are among the broadest and vaguest courts are asked to apply and lawyers are asked to interpret), while there is little focus on how rules and legal language works out in practice, beyond the narrow realm of appellate courts.
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In the end, I think too often the textualist/purposivist/intentionalist debate skips immediately to constitutional law, where it is arguably the least helpful clearly, the clauses are among the broadest and vaguest courts are asked to apply and lawyers are asked to interpret, while there is little focus on how rules and legal language works out in practice, beyond the narrow realm of appellate courts.
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In my view, one wildly undeveloped area in the textualist/purposivist/etc debate involves regulations and statutes, and beyond mere Chevron deference to extend to how practitioners look at language.
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The purposivist considers the relevant legal materials and concludes that the purpose underlying the statute favors B, 75/25.
The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009
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Judges need to consider purposivist arguments as well as textualist arguments; otherwise they are just not doing their job, as judges, to consider the arguments that are supported by the legally relevant materials.
The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009
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Maybe the idea is someone who is a purposivist rather than a textualist when it comes to statutory interpretation?
The Volokh Conspiracy » Obama Elaborates on “Empathy,” What He Wants in a Supreme Court Nominee: 2009
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To pick an obvious example, one we see almost every day, you might have a statutory interpretation case in which a textualist approach yields one answer and a purposivist approach yields another another.
The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009
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Perhaps this just means that an intentionlist and a purposivist approach to understanding the written word is incorrect — I think Orin would agree with that.
The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009
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