Jurisprudence Flashcards
(25 cards)
What is the meaning of hermeneutics?
To interpret. It is the study of how we understand and interpret thing, especially texts.
What does Lategan define hermeneutics as?
The science of understanding things.
What does Baxter define hermeneutics as?
Explaining texts to uncover what they really mean
What are the similarities between theology and the law?
- Both deal with important texts
- Both aim for something meaningful
What is the key difference between biblical hermeneutics and legal hermeneutics?
Biblical is closed and legal keeps on evolving
What is the difference between the hermeneutics vs exegesis?
The exegesis is what the author generally meant back then, and hermeneutics is what the author means today.
Why Does Hermeneutics Matter in Law?
Hermeneutics matters in law because it helps judges interpret legislation meaningfully by understanding texts in context.
What metaphor is used to explain interpretation in this section?
A painting (like Picasso’s Guernica) is a “text” that needs context to understand its full meaning.
Why is Picasso’s Guernica used as an example?
To show that without knowing the background (Spanish Civil War), the disturbing images in the painting can’t be fully understood.
Why is context important in law?
Because the true purpose and meaning of legislation can only be grasped by knowing its historical and social background.
What are the traditional theories of interpretation?
- Textualism
- Purposivism
- Intentionalism
What is meant by textualism?
Focuses strictly on the words of the statute.
What is meant by purposivism?
Looks at the purpose and broader goals of the legislation.
What is meant by intentionalism?
Aims to uncover the original intentions of the lawmakers.
What to modern scholars argue about?
Those laws are not just neutral rules. They are shaped by society, politics, and ideas, meaning they can be influenced by bias and different perspectives.
What does formalism mean?
Formalism argues that the law is independent, meaning all legal answers can be found within the law itself, without needing external influences like politics, society, or economics.
What does postmodernism challenge?
It challenged older ways of thinking. In the past, people (called modernists) believed they could change the world using big, powerful ideas like liberalism, Marxism, or fascism. These ideas were supposed to make sense of everything. But postmodernism says those big ideas didn’t actually solve real-world problems, because the issues were too complicated and too wide for just one explanation to work.
What us it meant by Postmodernism?
Postmodernism says that there’s no one absolute truth. It believes that everything depends on your point of view—so what’s true for one person might not be true for another. postmodernism accepts confusion, contradictions, and hard questions.
What is meant by liberalism?
a belief in individual freedom, equal rights, and limited government power under fair and clear laws.
What is meant by Marxism?
a theory that sees society as a struggle between the rich and the working class, aiming to create equality by changing the system.
What is meant by fascism
Fascism is a system where one leader or government has total power, and people are not allowed to disagree or speak freely.
What are other theories that goes along with postmodernism?
- CLS
- Deconstruction
- The linguistic turn
What is CLS about?
CLS arose because liberalism failed to fix issues like poverty, racism, and oppression. Instead of empowering people, it pushed marginalized groups further into disadvantage.
CLS does not offer a clear solution to these problems—it simply exposes the myth that law is neutral. The legal system protects the rich and powerful, rather than serving justice.
What is deconstruction about?
Deconstruction rejects the idea that law has one fixed meaning. Instead, it argues that:
- Words and laws change over time—their meaning depends on context.
- A legal text never has just one meaning—it can be understood in many ways.
- Interpretation is subjective—readers bring different backgrounds that shape their understanding.
It reminds us that interpretation is never truly objective.
