Tuesday, November 16, 2004
Israeli court demonstrates post-Derrida view of language
The clause in the inheritance law states, "A man and a woman who live a family life in a joint household, yet who are not married to each other," are to be granted the same inheritance rights as married couples. While the state argued that "man and woman" could not be interpreted to mean homosexual partners, Judges Nissim Maman and Gabriella (De Leo) Levy ruled that since that clause was initiated in 1965, "there have been wide-reaching changes in interpretation, and legal rulings have widened the meaning of the term 'partners' to include common-law partners, as well as same-sex common-law partners."
Thus the judges said the phrase "man and woman" does not mean "not a man and a man" or "not a woman and a woman," but rather "a couple who is not married."
Judge Menahem Ben-David dissented. "The letter of the law is clear and unequivocal and you cannot read into it any meaning other than what is written-- 'man and woman.' The letter of the law cannot tolerate the interpretation according to which this would be 'man and man'," he wrote.
Or as I like to put it, the Protestant Reformation ended up being over the meaning of what the word is is. Does is mean is, as is is the same, or does it mean something strange, like represents or stands for? Similarly here, does man and woman mean man and woman? Clearly not, says the court, that would be absurd.
Oy.
Thus the judges said the phrase "man and woman" does not mean "not a man and a man" or "not a woman and a woman," but rather "a couple who is not married."
Judge Menahem Ben-David dissented. "The letter of the law is clear and unequivocal and you cannot read into it any meaning other than what is written-- 'man and woman.' The letter of the law cannot tolerate the interpretation according to which this would be 'man and man'," he wrote.
Or as I like to put it, the Protestant Reformation ended up being over the meaning of what the word is is. Does is mean is, as is is the same, or does it mean something strange, like represents or stands for? Similarly here, does man and woman mean man and woman? Clearly not, says the court, that would be absurd.
Oy.
