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legal philosophy memo
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- University Of South Africa (Unisa)
memos and feedbacks on assignment 1 and 2.
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Memo: Assignment 1For this assignment, you need to read the following article and answer the questions.
The article can be found under Additional resources -> Prescribed reading.
Kroeze IJ "Doing things with values: the role of constitutional values in constitutional
interpretation" 2001 Stell LR 265-276
1.Give a brief summary of the author's argument regarding the use of constitutional
values. (Max word count 200.) (5)
2.What theory of interpretation that you have studied does the author advocate for?
Why do you say this? You need to identify the theory you have studied that is most
closely associated with the author's viewpoint. (Max word count 500.) (10)
3.Give your own, philosophical response to the author's viewpoint. Make sure you
address all the author's arguments. (Max word count 200.) (5)
Please note that some of the marks will be allocated for adhering to the formal
requirements and the referencing requirements.
TOTAL FOR ASSIGNMENT 01: [20]
Question 1
Article discusses Constitutional Court's approach to values by looking at their location,
purpose and content. √ Location refers to whether they are inside or outside the text.
√ Purpose refers to their role in constraining judicial subjectivity and state action. √
Content is usually linked to either ubuntu or the Rechtstaat idea. √ Author's conclusion
is that values are used to stop debate or dissent, because of a fear of "radical
indeterminacy".√
Question 2
Note: This is a question on interpretation and students should use one of the
interpretation theories under "How judges decide cases". Some of them might try to
make it fit into CLS, but I don't think it really fits all the requirements.
The author uses a postmodern theory. √ This is based on developments in language
theory that accepts that words only have meaning within a system. √ The text or the
intentions are irrelevant, the system determines the meaning. √ This can be either a
critical theory that says the judge is not bound by anything √ or the idea of judging as
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