Purposive interpretation approach

This article studies the purposive interpretation. This approach that could be used in interpretation of legal texts is rooted in common law. That is why the English law refer to it more than others. On this basis, judge's duty is to discover purposes and values behind the enacted rules. This approach was created in contrast of literal approach and in comparison with literal approach has some preferences like flexibility and mobility and is more comprehensive and more persuasive. In legal interpretation and for discovering legislature intent, we can use two criteria: objective and subjective. In the cases that we cant discover legislature's intent by subjective inquiry, we can suppose that legislature is a rational and wise man and general goals of legal system can be relegated to him. After a Descriptive-analytical study, Weve come to the conclusion that justice and fairness require that our legal systems move to this approach from present literal approach.