ändamålstolkning

Ändamålstolkning, also known as purposive interpretation, is a method of legal interpretation used to ascertain the meaning of a law or legal text. Instead of focusing solely on the literal wording or the presumed intention of the legislator at the time of enactment, ändamålstolkning seeks to understand the underlying purpose or objective the law is intended to achieve. This approach emphasizes how the law should be applied to best fulfill its intended goals in contemporary society.

The principle behind ändamålstolkning is that laws are dynamic instruments designed to solve societal problems or regulate behavior. Therefore, their interpretation should not be static but rather adapt to changing circumstances and evolving societal values, as long as this adaptation remains consistent with the fundamental purpose of the legislation. Judges and legal scholars using this method will consider not only the text of the law but also its legislative history, the social and economic context in which it operates, and the consequences of different interpretations.

Ändamålstolkning is often contrasted with literal interpretation, which strictly adheres to the plain meaning of the words used in a statute, and historical interpretation, which focuses on the intent of the lawmakers at the time the law was created. While these other methods can be important, ändamålstolkning suggests that the ultimate aim is to make the law effective in achieving its purpose. It allows for flexibility in applying old laws to new situations, ensuring that legal frameworks remain relevant and functional.