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Can anyone clarify this rule?
In the BPP text book it sounds an awful lot like the mischief rule in thinking about what the statute is trying to achieve/mischief it is trying to prevent. What is the specific distinction between the two?
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mischief rules mean that statute is trying to achieve its exact meaning in relation to the word/ words stated.
Mischief is where the law sets about preventing a “mischief”
Purposive is where the courts look to see how the Act should be applied. It’s not necessarily addressing an existing common law mischief. In addition, it tends to be more flexible in taking account the changing standards of society
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So, whereas the mischief rule is used to look at the specific mischief the Act was to prevent, the purposive approach is a broader approach more than a rule, where the courts will look at the rest of the Act to help determine the context and general aim?
Is the purposive approach more of the norm now, rather than the literal/golden and mischief rules?
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