tarkoitustulkinnassa

Tarkoitustulkinnassa refers to the principle of interpreting laws and legal texts according to the legislator's presumed intention. This approach is central to legal interpretation, particularly in civil law traditions, and aims to understand what the lawmakers intended to achieve when they enacted a particular piece of legislation. When a statute or legal provision is ambiguous or unclear, a judge or legal scholar will seek to determine the purpose behind its creation. This can involve examining legislative history, such as parliamentary debates, preparatory works, and official reports, as well as considering the broader social and economic context in which the law was passed.

The goal of tarkoitustulkinnassa is to apply the law in a way that is consistent with its underlying objectives, even if a literal reading of the text might suggest a different outcome. This contrasts with purely literal interpretation, which focuses solely on the plain meaning of the words used. Proponents argue that purposive interpretation ensures that laws remain relevant and effective in addressing societal needs and resolving disputes in a just manner. Critics, however, caution that it can lead to judicial activism, where judges may substitute their own policy preferences for the will of the legislature. The balance between adhering to the text and fulfilling the presumed purpose is a constant challenge in legal practice.