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apartheid post apartheid jurisprudence critical post apartheid jurisprudence jurisprudence foundations south african law foundations of south african law
Introduction Critical Post-Apartheid Jurisprudence is a legal theory that emerged from
Critical Legal Studies in South Africa. It adopts a questioning stance towards the status
quo and critiques the post-apartheid legal order. It argues that all law is politics, and it
can be analyzed from temporal and spatial, formal and substantive perspectives.
Temporal and Spatial Perspectives The temporal perspective of critical post-apartheid
jurisprudence refers to the legal order that emerged after the institutional and formal
dismantling of the apartheid legal order during the transition to democracy in South Africa.
The spatial perspective considers how law operates in different spaces and how it reflects
social and political issues.
The democratic constitution replaced racist policies, and parliamentary sovereignty of the
minority was dismantled. Negotiation was necessary as the apartheid state was in crisis
during the 1980s. Critical jurisprudence asserts that law is a form of politics, while
positivism maintains that law is neutral.
Formal and Substantive Perspectives The formal perspective of critical post-apartheid
jurisprudence considers the formal aspects of law, such as legal rules, doctrines, and
procedures. The substantive perspective examines the social and political implications of
the law and how it affects different groups in society.
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