Discuss and evaluate, in a paragraph of between 450-500 words, whether any of the different subjective theories to legal interpretation( Lon Fuller, Hans Kelsen,William Idowu) that you studied have (1) factually impacted and (2) should still impact legal interpretation in the South African legal context especially since the start of the democratic era. Motivate your answer throughout.
In considering the different subjective theories to legal interpretation, Lon Fuller's natural law theory, Hans Kelsen's pure theory of law, and William Idowu's concept of legal pluralism all offer valuable insights into how legal interpretation should operate. Lon Fuller's theory emphasizes the need for laws to have internal morality and coherence, ensuring that they serve the common good and facilitate orderly social interactions. This theory has factual impacts on legal interpretation in South Africa, as it has helped shape constitutional jurisprudence that emphasizes human dignity, equality, and the rule of law. Hans Kelsen's pure theory of law, on the other hand, focuses on the hierarchy of norms and the role of the constitution as the highest norm. This theory has influenced South African legal interpretation by emphasizing the supremacy of the Constitution and the need for all laws to conform to its principles. William Idowu's concept of legal pluralism recognizes the diversity of legal norms and systems within a society, and argues that legal interpretation should take into account these different sources of law. In the South African context, this theory is relevant due to the multicultural nature of the country and the existence of customary law alongside statutory law.
Since the start of the democratic era in South Africa, these subjective theories to legal interpretation have continued to play a crucial role in shaping the legal landscape of the country. The Constitution of South Africa, adopted in 1996, embodies many of the principles advocated by Lon Fuller's natural law theory, such as human dignity, equality, and the rule of law. The Constitutional Court, as the guardian of the Constitution, frequently relies on these principles in its decisions, ensuring that laws are interpreted in a manner that promotes justice and fairness. Similarly, Hans Kelsen's pure theory of law has influenced South African legal interpretation by establishing the supremacy of the Constitution and providing a framework for resolving conflicts between different norms. This has been particularly important in the context of transitioning from apartheid laws to a new legal order that upholds democratic values and respects human rights.
In terms of William Idowu's concept of legal pluralism, South Africa's legal system recognizes the coexistence of different legal norms, including customary law, statutory law, and international law. The Constitutional Court has emphasized the importance of recognizing and respecting customary law as part of the broader legal framework of the country, while also ensuring that it does not violate the principles of the Constitution. This approach has contributed to the development of a more inclusive and diverse legal system that reflects the multicultural nature of South African society.
Overall, it is clear that the subjective theories to legal interpretation studied, namely Lon Fuller's natural law theory, Hans Kelsen's pure theory of law, and William Idowu's concept of legal pluralism, have factually impacted legal interpretation in South Africa, particularly since the start of the democratic era. These theories have helped shape the development of constitutional jurisprudence, the interpretation of laws, and the recognition of different legal norms within the country. As South Africa continues to navigate its post-apartheid legal landscape, it is essential that these theories continue to inform legal interpretation in order to promote justice, fairness, and the rule of law.