Stop the illusory nonsense! Teaching transformative delict

In this article, I provide a few thoughts on what it means to teach law, specifically ‘law of delict’, ‘critically’, as a response to conservative legal culture, which, I believe, currently prevails in South African legal education. By ‘critically’ I mean compliance with broad themes of critical le...

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Main Author: Emile Zitzke
Format: Article
Language:English
Published: University of the Free State 2014-08-01
Series:Acta Academica
Online Access:https://journals.ufs.ac.za/index.php/aa/article/view/1457
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author Emile Zitzke
author_facet Emile Zitzke
author_sort Emile Zitzke
collection DOAJ
description In this article, I provide a few thoughts on what it means to teach law, specifically ‘law of delict’, ‘critically’, as a response to conservative legal culture, which, I believe, currently prevails in South African legal education. By ‘critically’ I mean compliance with broad themes of critical legal theory, especially drawing from Critical Legal Studies (CLS) and its successive theoretical progeny (Feminist Legal Theory, Critical Race Theory and Queer Theory). I will tackle this project from the point of view that Klare’s transformative constitutionalism is mandated by the Constitution, and that this theory is a South African manifestation of critique. Therefore, relying on specific aspects of transformative constitutionalism, I will highlight how we can teach delict in a constitutionally mandated   transformative context by employing critical pedagogy.
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spelling doaj.art-4db5f1a0f38149b0a752149e1904afa02024-03-07T11:10:46ZengUniversity of the Free StateActa Academica0587-24052415-04792014-08-01463Stop the illusory nonsense! Teaching transformative delictEmile Zitzke0University of Pretoria In this article, I provide a few thoughts on what it means to teach law, specifically ‘law of delict’, ‘critically’, as a response to conservative legal culture, which, I believe, currently prevails in South African legal education. By ‘critically’ I mean compliance with broad themes of critical legal theory, especially drawing from Critical Legal Studies (CLS) and its successive theoretical progeny (Feminist Legal Theory, Critical Race Theory and Queer Theory). I will tackle this project from the point of view that Klare’s transformative constitutionalism is mandated by the Constitution, and that this theory is a South African manifestation of critique. Therefore, relying on specific aspects of transformative constitutionalism, I will highlight how we can teach delict in a constitutionally mandated   transformative context by employing critical pedagogy. https://journals.ufs.ac.za/index.php/aa/article/view/1457
spellingShingle Emile Zitzke
Stop the illusory nonsense! Teaching transformative delict
Acta Academica
title Stop the illusory nonsense! Teaching transformative delict
title_full Stop the illusory nonsense! Teaching transformative delict
title_fullStr Stop the illusory nonsense! Teaching transformative delict
title_full_unstemmed Stop the illusory nonsense! Teaching transformative delict
title_short Stop the illusory nonsense! Teaching transformative delict
title_sort stop the illusory nonsense teaching transformative delict
url https://journals.ufs.ac.za/index.php/aa/article/view/1457
work_keys_str_mv AT emilezitzke stoptheillusorynonsenseteachingtransformativedelict