JUR310 - African Legal Philosophy - Law Assignment Help

Assignment Task

QUESTION 1 “Some South African lawyers (especially in private law) argued that transformation would be best served by restoration of the scientific objectivity of the law and purging it of pernicious political influences. This proposal relies on the assumption that apartheid was an ill-conceived political ideology that only tainted the law superficially; a problem that could be rectified simply and cleanly through surgical excision of all apartheid laws from the legal system. Subsequently nothing more would be required than allowing the legal system to gradually recover its innate flexibility and adaptability, which would allow it to function properly and beneficially in the politically and economically transformed society.”

“Decolonising and democratising the curriculum has become a central rallying cry. While curricula were changed with the advent of democracy in the 1990s, it is clear that much more needs to be done. This is especially true if transformation is understood as moving from one configuration to another, characterised by on-going rethinking and renewal in the pursuit of social, environmental and cognitive justice – not only in Higher Education but also in the country at large.

In the context of the module’s overarching 2021 theme, namely “Law, Justice and Jurisprudence in Crisis”, reflect on the two quotations above and then formulate an essay topic based on the broad theme of “Understanding and Developing African Jurisprudence for the post-1994 South African Context”. Drawing on the theories and texts covered in this course as well as additional research, reflect on the position occupied by African jurisprudence / African legal philosophy in South African law and jurisprudence. In your essay, you must provide an account of:

i. The different conceptions or definitions of African jurisprudence;

ii. The main themes and tenets of African jurisprudence / African legal philosophy; and

iii. The historical reasons for its marginalization in mainstream legal theory and practice.

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