Stop the illusory nonsense! Teaching transformative delict

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Authors

Zitzke, Emile

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Volume Title

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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.

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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.