Critical Legal Studies: Criticisms and Deconstruction

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The textual approach allows for a lot of room for judicial law-making.

False

The golden rule is applied when the words are clear and unambiguous.

False

The textual approach is derived from natural law.

False

The case of R v Kirk confirms that the legislature's intention is not decisive in determining the meaning of a statute.

False Signup and view all the answers

The textual approach takes into account the context and presumptions of a statute.

False Signup and view all the answers

The plain meaning approach has been rejected in South African law.

False Signup and view all the answers

Deconstruction supports literal interpretations and positivism.

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The meaning of a text is determined by the author according to deconstruction.

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Structuralism claims that the meaning of language can be ascertained and pinned down from its grammatical structure.

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Legal rules are determined solely by legal considerations according to critics.

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The textual approach allows courts to make law.

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Liberal legal traditions focus solely on the community.

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The iudicis est rule means that only the legislature may supplement or alter deficiencies in legislation.

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Section 39 of the Constitution reinforces the textual approach.

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Deconstruction allows for a fixed final meaning of a text.

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The Text-in-Context Approach prioritizes the grammatical, literal meaning of words.

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Courts may distort the ordinary meaning of words beyond their reasonable capabilities using a purposive approach.

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The textual approach is no longer used in South African courts.

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The purposive approach to statutory interpretation takes into account only the language of the statute.

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The function of a court is to arrive at an interpretation that achieves the most appropriate balance between the parties and fits comfortably into the constitutional framework.

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The Jacobsen v Levy rule states that if the language of the statute is clear, then the statute must be interpreted literally.

False Signup and view all the answers

The purposive approach is used to interpret statutes according to their ordinary meaning.

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The court's function is to interpret statutes in a way that requires the most intrusive addition to the text.

False Signup and view all the answers

The context of a statute includes the language of the rest of the statute and its background.

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The objective intention is determined subjectively.

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The Mischief Rule is based on literal interpretation.

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The context in which words are used does not affect their meaning.

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A word must carry the same interpretation in every statute.

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The interpreter cannot consider the wider context of the provision from the outset.

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The meaning of the text and context is determined before it is applied.

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Critical Legal Studies: Criticisms and Deconstruction

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Questions and Answers

The textual approach allows for a lot of room for judicial law-making.

The golden rule is applied when the words are clear and unambiguous.

The textual approach is derived from natural law.

The case of R v Kirk confirms that the legislature's intention is not decisive in determining the meaning of a statute.

The textual approach takes into account the context and presumptions of a statute.

The plain meaning approach has been rejected in South African law.

Deconstruction supports literal interpretations and positivism.

The meaning of a text is determined by the author according to deconstruction.

Structuralism claims that the meaning of language can be ascertained and pinned down from its grammatical structure.

Legal rules are determined solely by legal considerations according to critics.

The textual approach allows courts to make law.

Liberal legal traditions focus solely on the community.

The iudicis est rule means that only the legislature may supplement or alter deficiencies in legislation.

Section 39 of the Constitution reinforces the textual approach.

Deconstruction allows for a fixed final meaning of a text.

The Text-in-Context Approach prioritizes the grammatical, literal meaning of words.

Courts may distort the ordinary meaning of words beyond their reasonable capabilities using a purposive approach.

The textual approach is no longer used in South African courts.

The purposive approach to statutory interpretation takes into account only the language of the statute.

The function of a court is to arrive at an interpretation that achieves the most appropriate balance between the parties and fits comfortably into the constitutional framework.

The Jacobsen v Levy rule states that if the language of the statute is clear, then the statute must be interpreted literally.

The purposive approach is used to interpret statutes according to their ordinary meaning.

The court's function is to interpret statutes in a way that requires the most intrusive addition to the text.

The context of a statute includes the language of the rest of the statute and its background.

The objective intention is determined subjectively.

The Mischief Rule is based on literal interpretation.

The context in which words are used does not affect their meaning.

A word must carry the same interpretation in every statute.

The interpreter cannot consider the wider context of the provision from the outset.

The meaning of the text and context is determined before it is applied.

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