Stop the illusory nonsense! Teaching transformative delict

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Date
2014
Authors
Zitzke, Emile
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Free State
Abstract
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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Keywords
Legal education, Transformative constitutionalism, Critical legal studies, Feminist legal theory, Critical race theory, Queer theory, Law of delict
Citation
Zitzke, E. (2014). Stop the illusory nonsense! Teaching transformative delict. Acta Academica: Law as a humanities discipline: transformative potential and political limits, 46(3), 52-76.