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  5. Lju4801 - Legal Philosophy 2022 (LJU4801)

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LJU4801 ASSIGNMENT 3 OF PORTFOLIO SEMESTER 1 / 2022
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Take the stress out of Philosophy with this solution to Assignment 3 of LJU4801 Portfolio. Complete with footnotes and references. Use as a guide to answering your Script.

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  • May 9, 2022
  • 5
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers

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Legal Philosophy - LJU4801

ASSIGNMENT 3 OF PORTFOLIO


2022


Written by

Camecia Cass




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ANSWER

QUESTION 1

1. Provide a summary explaining what philosophical approach
Modiri is advocating and the reasons for his approach. (Max 300
words.) (10)

Modiri claims to be influenced by Critical Race Theory (CRT), settler-colonial studies, and African law
in this work.1 The author aims to provide a critical analysis of the limits imposed and failures of
'post'-apartheid constitutional democracy, specifically how the constitution's origins, spirit, and
content are based on flawed political, conceptual, and ideological foundations that preclude a
decolonised and liberated future.2

1
Modiri JM “Conquest and constitutionalism: first thoughts on an alternative jurisprudence” 2018
South African Journal on Human Rights 34 303.
2
Modiri 2018 SAJHR 303.

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