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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| Format: | Article |
| Language: | English |
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University of the Free State
2014-08-01
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| Series: | Acta Academica |
| Online Access: | http://196.255.246.28/index.php/aa/article/view/1457 |
| Summary: | 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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| ISSN: | 0587-2405 2415-0479 |