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Questions and Answers
Questions and Answers
What is a key difference between exegesis and hermeneutics?
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?
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?
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?
What is true about the meaning of words and phrases in hermeneutics?
What is the analogy that illustrates the importance of context in interpretation?
What is the analogy that illustrates the importance of context in interpretation?
What is the significance of Picasso's 'Guernica' painting in the context of hermeneutics?
What is the significance of Picasso's 'Guernica' painting in the context of hermeneutics?
What is the goal of exegesis?
What is the goal of exegesis?
What is a key similarity between exegesis and hermeneutics?
What is a key similarity between exegesis and hermeneutics?
What was the primary goal of drafting English legislation?
What was the primary goal of drafting English legislation?
What was the approach to statutory interpretation adopted in South Africa after the British occupation?
What was the approach to statutory interpretation adopted in South Africa after the British occupation?
What was the primary focus in determining the intention of the legislature in the Union Government v Mack case?
What was the primary focus in determining the intention of the legislature in the Union Government v Mack case?
What was the approach adopted in the Farrar's Estate v CIR case?
What was the approach adopted in the Farrar's Estate v CIR case?
What was the significance of the R v Kirk case?
What was the significance of the R v Kirk case?
What is the primary principle of constructing Acts of Parliament according to the Engels v Allied Chemical Manufacturers (Pty) Ltd case?
What is the primary principle of constructing Acts of Parliament according to the Engels v Allied Chemical Manufacturers (Pty) Ltd case?
What was the significance of the De Villiers v Cape Divisional Council case?
What was the significance of the De Villiers v Cape Divisional Council case?
What was the approach adopted in the Dadoo Ltd v Krugersdorp Municipal Council case?
What was the approach adopted in the Dadoo Ltd v Krugersdorp Municipal Council case?
What is the focus of deconstruction?
What is the focus of deconstruction?
What is a key characteristic of meaning according to the linguistic turn?
What is a key characteristic of meaning according to the linguistic turn?
What are the two main approaches to statutory interpretation in South Africa?
What are the two main approaches to statutory interpretation in South Africa?
According to the Primary Rule of Interpretation, what should be done if the meaning of the text is clear?
According to the Primary Rule of Interpretation, what should be done if the meaning of the text is clear?
What is the significance of questioning existing dogmas, beliefs, and orthodoxies in the context of the law?
What is the significance of questioning existing dogmas, beliefs, and orthodoxies in the context of the law?
What is the main difference between the literal and the purposive approaches to statutory interpretation?
What is the main difference between the literal and the purposive approaches to statutory interpretation?
Why is it important to consider the cultural and ideological value systems of the interpreter?
Why is it important to consider the cultural and ideological value systems of the interpreter?
What is the significance of the linguistic turn in the context of interpretation?
What is the significance of the linguistic turn in the context of interpretation?
What is the main purpose of the South African Citizenship Act 88 of 1995?
What is the main purpose of the South African Citizenship Act 88 of 1995?
What is the effect of Section 2(1)(a) and (b) of the amended Citizenship Act?
What is the effect of Section 2(1)(a) and (b) of the amended Citizenship Act?
What is the purpose of Section 3 of the pre-amendment South African Citizenship Act?
What is the purpose of Section 3 of the pre-amendment South African Citizenship Act?
What is the significance of Section 13 of the Births and Deaths Registration Act?
What is the significance of Section 13 of the Births and Deaths Registration Act?
What is the basis of the Constitutional Challenge in the Pass and Prosper case?
What is the basis of the Constitutional Challenge in the Pass and Prosper case?
What is the purpose of Section 20 of the Constitution?
What is the purpose of Section 20 of the Constitution?
What is the approach to interpretation in the Pass and Prosper case?
What is the approach to interpretation in the Pass and Prosper case?
What is the effect of the order of constitutional invalidity not being confirmed?
What is the effect of the order of constitutional invalidity not being confirmed?
What should a court do if a provision is incapable of a reasonable interpretation that is constitutional?
What should a court do if a provision is incapable of a reasonable interpretation that is constitutional?
What is the focus of the court in the Bato Star Fishing v The Minister of Environmental Affairs and Tourism case?
What is the focus of the court in the Bato Star Fishing v The Minister of Environmental Affairs and Tourism case?
What is the role of the court in interpreting the Constitution?
What is the role of the court in interpreting the Constitution?
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?
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?
What is the significance of the intention of the legislature in the interpretation process?
What is the significance of the intention of the legislature in the interpretation process?
What is the consequence of a provision being incapable of a reasonable interpretation that is constitutional?
What is the consequence of a provision being incapable of a reasonable interpretation that is constitutional?
What is the relationship between the Constitution and the laws of the Republic?
What is the relationship between the Constitution and the laws of the Republic?
What is the primary goal of the court in interpreting the Constitution?
What is the primary goal of the court in interpreting the Constitution?
Questions and Answers
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Study Notes
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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