Hermeneutics vs Exegesis: Key Differences Quiz & Flashcards

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Questions and Answers

What is a key difference between exegesis and hermeneutics?

Exegesis is used to interpret complete texts, while hermeneutics is used to interpret incomplete texts.

Exegesis is focused on statutory interpretation, while hermeneutics is focused on biblical interpretation.

Exegesis is focused on biblical interpretation, while hermeneutics is focused on statutory interpretation. (correct)

Exegesis is a mechanical process, while hermeneutics involves the interpreter's value judgment.

What do exegesis and hermeneutics have in common?

They both interpret established authoritative texts with regard to current concrete situations. (correct)

They both involve a mechanical process of interpretation.

They both are used to interpret incomplete texts.

They both focus on statutory interpretation.

What is a key aspect of Gadamer's hermeneutics?

It involves a mechanical process of interpretation.

It takes into cognizance the socio-historical situation or context of the interpreter. (correct)

It ignores the context of the interpreter.

It only focuses on statutory interpretation.

What is true about the meaning of words and phrases in hermeneutics?

Their meaning is derived from the total use of language, including the context. Signup and view all the answers

What is the analogy that illustrates the importance of context in interpretation?

A Picasso painting analogy Signup and view all the answers

What is the significance of Picasso's 'Guernica' painting in the context of hermeneutics?

It is a universal image of the atrocities of war. Signup and view all the answers

What is the goal of exegesis?

To interpret biblical texts. Signup and view all the answers

What is a key similarity between exegesis and hermeneutics?

They both have an existential urgency. Signup and view all the answers

What was the primary goal of drafting English legislation?

To ensure legal certainty and cover possible future cases Signup and view all the answers

What was the approach to statutory interpretation adopted in South Africa after the British occupation?

The English rules of statutory interpretation Signup and view all the answers

What was the primary focus in determining the intention of the legislature in the Union Government v Mack case?

The clear and unambiguous meaning of the words Signup and view all the answers

What was the approach adopted in the Farrar's Estate v CIR case?

The same approach as in the Mack case Signup and view all the answers

What was the significance of the R v Kirk case?

It emphasized the importance of the ordinary, grammatical meaning of the text Signup and view all the answers

What is the primary principle of constructing Acts of Parliament according to the Engels v Allied Chemical Manufacturers (Pty) Ltd case?

The intention of the legislature expressed in the Acts themselves Signup and view all the answers

What was the significance of the De Villiers v Cape Divisional Council case?

It introduced the textual approach Signup and view all the answers

What was the approach adopted in the Dadoo Ltd v Krugersdorp Municipal Council case?

The same approach as in the Mack and Farrar's Estate cases Signup and view all the answers

What is the focus of deconstruction?

Judicial decisions and accountability Signup and view all the answers

What is a key characteristic of meaning according to the linguistic turn?

It is boundless and limitless Signup and view all the answers

What are the two main approaches to statutory interpretation in South Africa?

The literal and the purposive approaches Signup and view all the answers

According to the Primary Rule of Interpretation, what should be done if the meaning of the text is clear?

The meaning should be applied as it is clear and equated with the legislature's intention Signup and view all the answers

What is the significance of questioning existing dogmas, beliefs, and orthodoxies in the context of the law?

It enables the law to adapt and change Signup and view all the answers

What is the main difference between the literal and the purposive approaches to statutory interpretation?

The literal approach focuses on the text, while the purposive approach considers the context Signup and view all the answers

Why is it important to consider the cultural and ideological value systems of the interpreter?

Because they can influence the interpretation of the text Signup and view all the answers

What is the significance of the linguistic turn in the context of interpretation?

It highlights the role of the interpreter in making meaning Signup and view all the answers

What is the main purpose of the South African Citizenship Act 88 of 1995?

To establish a single South African citizenship Signup and view all the answers

What is the effect of Section 2(1)(a) and (b) of the amended Citizenship Act?

Deprivation of citizenship acquired by birth Signup and view all the answers

What is the purpose of Section 3 of the pre-amendment South African Citizenship Act?

To register births of South African citizens Signup and view all the answers

What is the significance of Section 13 of the Births and Deaths Registration Act?

It is concerned with the registration of births and deaths Signup and view all the answers

What is the basis of the Constitutional Challenge in the Pass and Prosper case?

Interaction of three different provisions in different Acts Signup and view all the answers

What is the purpose of Section 20 of the Constitution?

To protect citizens from deprivation of citizenship Signup and view all the answers

What is the approach to interpretation in the Pass and Prosper case?

Purposive interpretation Signup and view all the answers

What is the effect of the order of constitutional invalidity not being confirmed?

The status quo remains unchanged Signup and view all the answers

What should a court do if a provision is incapable of a reasonable interpretation that is constitutional?

Set it aside and render it null and void Signup and view all the answers

What is the focus of the court in the Bato Star Fishing v The Minister of Environmental Affairs and Tourism case?

Transformation Signup and view all the answers

What is the role of the court in interpreting the Constitution?

To interpret the Constitution as the supreme law of the Republic Signup and view all the answers

What approach to interpretation did the court adopt in the Commissioner for the South African Revenue Service v The Executor of the Estate of the Late Waldo Earl Frith case?

A strict and textual approach Signup and view all the answers

What is the significance of the intention of the legislature in the interpretation process?

It is the primary consideration in interpretation Signup and view all the answers

What is the consequence of a provision being incapable of a reasonable interpretation that is constitutional?

It is set aside and rendered null and void Signup and view all the answers

What is the relationship between the Constitution and the laws of the Republic?

The laws of the Republic are subordinate to the Constitution Signup and view all the answers

What is the primary goal of the court in interpreting the Constitution?

To ensure the Constitution is upheld as the supreme law of the Republic Signup and view all the answers

Study Notes

Exegesis and Hermeneutics

Exegesis relates to biblical interpretation
Hermeneutics relates to statutory interpretation
Similarities between exegesis and hermeneutics:
- Interpret established authoritative texts with regard to current concrete situations
- Both have an existential urgency
- Interpreter must deal with demands of changing situations
- Interpretation is influenced by history
Differences between exegesis and hermeneutics:
- Legislation has a distinct style
- Biblical text is "closed" (complete/finished)

Gadamer's Hermeneutics

Took into cognizance the socio-historical situation or context of interpreter (contextual approach hermeneutics)
Words and phrases do not have an inherent meaning, but meaning is derived from the total use of language, including the context used
Therefore, the science of understanding is not a mechanical process but includes the contribution of the interpreter's value judgment

Context and Interpretation

Importance of considering context when interpreting text or images
Example: Picasso's Guernica painting
- Based on Spanish Civil War
- Now a universal image of the atrocities of war
- Deconstruction shifts focus to judicial choices and accountability

The Linguistic Turn

Meaning is not discovered in a text but is made in dealing with the text
Meaning is never at any given time, fixed and stable
Possibilities for meaning are boundless
Only by questioning existing dogmas, beliefs, and orthodoxies will the law be able to adapt and change

South African Overview of Theories of Interpretation

Two main approaches to statutory interpretation in South Africa:
- The literal (text-based) approach
- The purposive (text-in-context) approach

The Literal Approach

Interpreter should concentrate primarily on the literal meaning of the provision to be interpreted
Primary Rule of Interpretation:
- If the meaning of the text is clear, it should be applied and equated with the legislature's intention
- Examples:
  - Principal Immigration Officer v Hawabu
  - The Commissioner for the South African Revenue Service v The Executor of the Estate of the Late Waldo Earl Frith

Key Cases in South African Statutory Interpretation

Bato Star Fishing v The Minister of Environmental Affairs and Tourism
De Villiers v Cape Divisional Council
Union Government v Mack
Farrar's Estate v CIR
R v Kirk
Engels v Allied Chemical Manufacturers (Pty) Ltd
Chisuse and others v Director General, Department of Home Affairs and Another
- Importance of purposive interpretation in determining constitutionality of legislation

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Test your understanding of exegesis and hermeneutics, two concepts that developed separately but share similarities in interpreting authoritative texts. Learn about their differences and applications in biblical and statutory interpretation.

Exegesis vs Hermeneutics: Biblical and Statutory Interpretation

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