Step 1: Functional interpretation of morality clause

Joanna Wisniowska

Chapter 7 in Morality in the Unitary Patent System, 2026, pp 170-189 from Edward Elgar Publishing

Abstract: The newly proposed theory comprises two consecutive stages of interpretation: Functional and systemic. Chapter 7 inquires into the former, which constitutes the core of the theory. Functional interpretation is designed as a multistep logical process tailored to the specific facts of the case. Chapter 7 embarks on the journey from objectives to functions played by the morality exception, as well as guides the reader through the process of their identification and proper objectification. The chapter explains the difference between ‘purposes’ and ‘functions’ of legal provisions and teaches how to employ a dynamic perspective in interpretation without impeding the transparency of the process. All steps are carefully developed with proper consideration given to the who and when factors from the methodological handbook discussed earlier in the book. Results awaiting at the end of this venture are then placed within the systemic frame introduced in Chapter 8.

Keywords: Functional interpretation; Legislative intent; Rational legislator; Purposivism; Statutory interpretation; Textualism (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365395
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035365401.00016 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 403 Forbidden

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:24741_7

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().