Hermeneutics: Understanding Text Interpretation

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What is the primary aim of the Critical Legal Studies Movement (CLS)?

To unmask the ills of liberalism

What is the main claim of structuralism about language?

The meaning of language can be ascertained and pinned down from its grammatical structure

According to deconstruction, who determines the meaning of a text?

The reader

What is the key characteristic of post-modernism?

Rejecting preconceived ideas and macro-arguments and categorization Signup and view all the answers

What does deconstruction call for in terms of interpreting dominant theories and opinions?

To consider, reconsider, and reformulate them Signup and view all the answers

According to deconstruction, what is the nature of the meaning of a text?

Subjective and open to multiple interpretations Signup and view all the answers

What is the Greek origin of the word 'hermeneutics'?

The Greek word 'hermeneuein' which means 'interpret' Signup and view all the answers

What is the difference between exegesis and hermeneutics?

Exegesis is what the author originally wanted to say, and hermeneutics is what the author wants to say to present day readers. Signup and view all the answers

What is the role of the interpreter's value judgment in hermeneutics?

The interpreter's value judgment contributes to the interpretation. Signup and view all the answers

What is the significance of context in hermeneutics?

Context is essential for understanding, as illustrated by the Picasso painting analogy. Signup and view all the answers

How do critical legal scholars view the law?

As subjective and ideological, rather than rational, objective, and neutral. Signup and view all the answers

What are the two approaches to interpretation in law?

Literal vs contextual interpretation approaches. Signup and view all the answers

What is the traditional role of a judge according to the maxim iudicis est ius dicere sed non dare?

To interpret the law, not to make the law Signup and view all the answers

In Harris v Law Society of the Cape of Good Hope, what is the court bound by?

The clear letter of the law Signup and view all the answers

What approach to statutory interpretation was justified by the principle iudicis est ius dicere sed non dare?

The literal approach Signup and view all the answers

What is the casus omissus rule?

The courts may not supply an omission in a law Signup and view all the answers

What provision of the Constitution has made the traditional approach to statutory interpretation redundant?

Section 39 Signup and view all the answers

Why do some courts still refer to the traditional approach despite it being redundant?

Due to a misunderstanding of the separation of powers doctrine Signup and view all the answers

What is the main focus of the systematic aspect in interpreting legislative provisions?

The clarification of the meaning of a particular legislative provision in relation to the legislative text as a whole. Signup and view all the answers

What is the primary emphasis of teleological interpretation?

Fundamental constitutional values and a value-orientated interpretation. Signup and view all the answers

What is the historical aspect of interpreting legislative provisions concerned with?

The historical context of the legislation, including the circumstances that gave rise to the legislation and prior legislation. Signup and view all the answers

What is the comparative aspect of interpreting legislative provisions?

Examining international human rights law and the constitutional decisions of foreign courts. Signup and view all the answers

Why is it important to consider the systematic aspect in interpreting legislative provisions?

Because words cannot be read in isolation and all contextual considerations must be considered. Signup and view all the answers

What is the foundation of a normative, value-laden jurisprudence?

The fundamental values in the Constitution. Signup and view all the answers

What are the two underpinning foundations of a constitutional state?

A formal one (including aspects such as separation of powers, checks and balances, principle of legality) and a material or substantive one (including fundamental values such as justice and equality). Signup and view all the answers

What does the SA constitution represent in terms of the country's past?

A decisive break from a disgracefully racist past. Signup and view all the answers

What approach do some courts still follow when interpreting the constitution?

The text-based approach. Signup and view all the answers

What is the hybrid approach to interpretation?

An approach where intention, positivism, and literalism are brought together to interpret the constitution. Signup and view all the answers

What aspect of language is acknowledged as important in the hybrid approach?

The linguistic and grammatical meaning of words and phrases, punctuation, sentences, and other structures. Signup and view all the answers

What is the difference between the hybrid approach and orthodox literalism?

The hybrid approach acknowledges the importance of language, but does not necessarily go back to the orthodox literalism approach. Signup and view all the answers