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Purposive Interpretation in Law by Barak Aharon; Bashi Sari;

Author:Barak, Aharon; Bashi, Sari; , Date: March 4, 2020 ,Views: 191

Purposive Interpretation in Law by Barak Aharon; Bashi Sari;

Author:Barak, Aharon; Bashi, Sari;
Language: eng
Format: epub
Publisher: Princeton University Press


CHAPTER NINE

Discretion as a Component

in Purposive Interpretation

1. THE ESSENCE OF JUDICIAL DISCRETION

Language, Purpose, and Judicial Discretion

Purposive interpretation is based on language, purpose, and discretion.1 Language sets the limits of interpretation.2 Purpose determines the choice of legal meanings, within the boundaries of language. Discretion operates when the purpose of the text does not point to a single, unique legal meaning. I noted as much in a case, saying that, in interpretation, there is



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