Stop the illusory nonsense! Teaching transformative delict
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Date
Authors
Zitzke, Emile
Journal Title
Journal ISSN
Volume Title
Publisher
SUNMeDIA
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.
Description
Keywords
Teaching, South African legal education, Critical legal theory, Law of delict
Sustainable Development Goals
Citation
Zitzke, E 2014, 'Stop the illusory nonsense! Teaching transformative delict', Acta Academica, vol. 46, no. 3, pp. 52-76.