30 Questions
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
What does deconstruction call for in terms of interpreting dominant theories and opinions?
To consider, reconsider, and reformulate them
According to deconstruction, what is the nature of the meaning of a text?
Subjective and open to multiple interpretations
What is the Greek origin of the word 'hermeneutics'?
The Greek word 'hermeneuein' which means 'interpret'
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.
What is the role of the interpreter's value judgment in hermeneutics?
The interpreter's value judgment contributes to the interpretation.
What is the significance of context in hermeneutics?
Context is essential for understanding, as illustrated by the Picasso painting analogy.
How do critical legal scholars view the law?
As subjective and ideological, rather than rational, objective, and neutral.
What are the two approaches to interpretation in law?
Literal vs contextual interpretation approaches.
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
In Harris v Law Society of the Cape of Good Hope, what is the court bound by?
The clear letter of the law
What approach to statutory interpretation was justified by the principle iudicis est ius dicere sed non dare?
The literal approach
What is the casus omissus rule?
The courts may not supply an omission in a law
What provision of the Constitution has made the traditional approach to statutory interpretation redundant?
Section 39
Why do some courts still refer to the traditional approach despite it being redundant?
Due to a misunderstanding of the separation of powers doctrine
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.
What is the primary emphasis of teleological interpretation?
Fundamental constitutional values and a value-orientated interpretation.
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.
What is the comparative aspect of interpreting legislative provisions?
Examining international human rights law and the constitutional decisions of foreign courts.
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.
What is the foundation of a normative, value-laden jurisprudence?
The fundamental values in the Constitution.
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).
What does the SA constitution represent in terms of the country's past?
A decisive break from a disgracefully racist past.
What approach do some courts still follow when interpreting the constitution?
The text-based approach.
What is the hybrid approach to interpretation?
An approach where intention, positivism, and literalism are brought together to interpret the constitution.
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.
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.
Explore the art of understanding texts and uncover their inherent meaning. Learn about the techniques used in interpretation and its significance in Christian theology and jurisprudence. Test your knowledge on hermeneutics and its role in legislation and court decisions.
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