More purposive interpretations of the provision have made a nexus requirement between access and an act of copyright infringement, e.g. accessing the work to make an illegal copy.
This strict view slowly evolved over many years into
a more purposive and contextual approach.
In her concurring reasons, Justice Abella, took a broader,
more purposive view.
Paul Hewitt, partner at Withers, says: «Charities, along with surviving civil partners or spouses of second marriages (for instance), faced with similar clauses are unlikely to take comfort because the Court of Appeal took a broader,
more purposive, approach than the judge at first instance.
Legal certainty as a result of common law precedent and literal interpretation when compared with
more purposive civil law methods of interpretation
Small groups are by comparison far less associated with physical proximity and decidedly
more purposive, intentional and voluntaristic.
Not exact matches
The Kingdom of Judah no doubt continued to acknowledge the event of the exodus, but the David - Zion event was celebrated
more prominently, and sometimes exclusively, as the primary, creative event by which God indicated his
purposive choice and election of his people and in which he established an indestructible covenant.
In 1926 three
more significant studies in emergent evolution were to appear: C. Lloyd Morgan, Life, Mind, and Spirit; J. C. Smuts, Holism and Evolution, and Edmund Noble,
Purposive Evolution.
Natural selection is a far better explanation for adaptations than
purposive forces, especially considering that the better adapted a species is to its environment, the
more certain becomes its extinction should the environment change (or in other words, natural selection is blind to the future).
But the teleology is «
more than a mere
purposive pursuit of a predeterminate end; it is a developmental teleology» (6.155 - 57).
In discovering that the «sick» member of the family could be
more clearly understood and sometimes better helped in the context of the
purposive role played in the family, a system with much mutual inheritance, these pioneers went far afield from their origins, yet in just the direction that a Whiteheadian perspective would anticipate.
But he is not mistaken to see that, if belief in the Caller becomes less pervasive in our culture, the work ethic will lose «its deepest
purposive dimensions» and devolve into little
more than the search for a satisfying and fulfilling career.
This implies that all emotional and
purposive response must be considered derivative from the
more primary conscious perception of those universals constituting the data of sense perception (PR 246).
In this
more fundamental mode, other actual entities are perceived, and the data are received not neutrally, but with emotional and
purposive subjective forms of reception.
C. H. Waddington sees an interaction between the
purposive behavior of animals and their environment that was inadequately recognized in
more reductionistic interpretations of neo-Darwinism.
In his resistance to behavioral methods (a la Skinner), Rogers seems to dismiss the fact that active,
purposive reeducation (cognitive, relational, and behavioral) is precisely what some people must have to cope with life
more constructively.
As such, the decision provides a strong signal to the arbitration user community that the English courts are — at least in this context — likely to adopt a
more «common sense /
purposive» and less literal approach to contract terms when seeking to ascertain the parties» intentions.
Yet one can perhaps make a different kind of argument,
more policy based and
purposive, that if people fear loss of rights then they will not naturalize, and so integration will be hindered.
And remember: a judge coming to construe your drafting may well be
more inclined to allow a
purposive construction of the parties» intentions if it emerges as the natural and obvious meaning of the words used.
More importantly, and taking a
purposive approach, it could not be right that transferors were allowed to legitimately dismiss for the transferee's ETO reason and at the transferee's request as this would be an excellent way of avoiding the protection afforded by the TUPE regulations.
A different
purposive sample of group practitioners
more familiar with group work modalities may provide alternative information regarding the incidence of concurrent group therapy for parents.