lOMoAR cPSD| 5059112
CONQUEST AND CONSTITUTIONALISM: FIRST THOUGHTS ON AN
ALTERNATIVE JURISPRUDENCE
LJU4801: LEGAL PHILOSOPHY
ASSIGNMENT 03 (PORTFOLIO)
UNIQUE NUMBER : 679589
BY
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
(XXXXXXXXXXXX) student number in that bracket
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT: JURISPRUDENCE
SUPERVISOR: PROF IJ KROEZE
20222
, lOMoAR cPSD| 5059112
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME: KOKETSO SILAS LEPAAKU
………………………………………………………………….………………….
SIGNATURE: S LEPAAKU
………………………………………………………………….………………….
STUDENT NUMBER: 59523336
………………………………………………………………….………………….
MODULE CODE: LJU4801
SUBJECT: LEGAL PHILOSOPHY
DATE…28/01/2022………………………………………………………….……
, lOMoAR cPSD| 5059112
Table of contents
Content Page
1. Academic declaration of honesty …………………………3
2. Modiri’s philosophical approach and his reasons for that
approach ………………………………………….4 - 5
3. Explanation whether his approach is valid or
not…………………………………………………….5 - 7
4. My response to Modiri’s article………………………..7 -10
5. Portfolio assessment 01…………………………..11
6. Portfolio assessment 02……………………………11- 13
7. Portfolio assessment 03…………………………13- 14
8. Portfolio assessment 04…………………………14- 15
9. Bibliography………………………………….15
, lOMoAR cPSD| 5059112
QUESTION 1
In this article, Modiri states that he draws on Critical Race Theory (CRT),
settler colonial studies and African jurisprudence.1This in order to provide
critical inquiry into the limitations and failures of ‘post’-apartheid
constitutional democracy, to how the origins, spirit and content of the
constitution are based on faulty political, conceptual and ideology that
prevents a decolonised and liberated future.2
The basis of all critical theory is the questioning of prevailing ideas.3 Modiri
employ conquest (especially economic power by Whites) as a framework
and basis to argue that a jurisprudence emanating from experiences of the
historically colonised Black, and intellectual heritages of African philosophy
and black radical thought would pose different questions and enact a
different orientation towards South African law and constitutionalism, than
is presently the case.4
Modiri CRT developed from Critical Law Studies (CLS) and looks at the
position of different races in society and how societal structures and
patterns impact on their equality. 5 The Article identifies the problem of
reconstituting a new polity and a new law in South Africa. 6 Informed by
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.
3 Kroeze IJ Legal philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2017) 175.
4 Modiri 2018 SAJHR 324.
5 Kroeze Legal philosophy 183.
6 Modiri 2018 SAJHR 304.
CONQUEST AND CONSTITUTIONALISM: FIRST THOUGHTS ON AN
ALTERNATIVE JURISPRUDENCE
LJU4801: LEGAL PHILOSOPHY
ASSIGNMENT 03 (PORTFOLIO)
UNIQUE NUMBER : 679589
BY
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
(XXXXXXXXXXXX) student number in that bracket
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT: JURISPRUDENCE
SUPERVISOR: PROF IJ KROEZE
20222
, lOMoAR cPSD| 5059112
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME: KOKETSO SILAS LEPAAKU
………………………………………………………………….………………….
SIGNATURE: S LEPAAKU
………………………………………………………………….………………….
STUDENT NUMBER: 59523336
………………………………………………………………….………………….
MODULE CODE: LJU4801
SUBJECT: LEGAL PHILOSOPHY
DATE…28/01/2022………………………………………………………….……
, lOMoAR cPSD| 5059112
Table of contents
Content Page
1. Academic declaration of honesty …………………………3
2. Modiri’s philosophical approach and his reasons for that
approach ………………………………………….4 - 5
3. Explanation whether his approach is valid or
not…………………………………………………….5 - 7
4. My response to Modiri’s article………………………..7 -10
5. Portfolio assessment 01…………………………..11
6. Portfolio assessment 02……………………………11- 13
7. Portfolio assessment 03…………………………13- 14
8. Portfolio assessment 04…………………………14- 15
9. Bibliography………………………………….15
, lOMoAR cPSD| 5059112
QUESTION 1
In this article, Modiri states that he draws on Critical Race Theory (CRT),
settler colonial studies and African jurisprudence.1This in order to provide
critical inquiry into the limitations and failures of ‘post’-apartheid
constitutional democracy, to how the origins, spirit and content of the
constitution are based on faulty political, conceptual and ideology that
prevents a decolonised and liberated future.2
The basis of all critical theory is the questioning of prevailing ideas.3 Modiri
employ conquest (especially economic power by Whites) as a framework
and basis to argue that a jurisprudence emanating from experiences of the
historically colonised Black, and intellectual heritages of African philosophy
and black radical thought would pose different questions and enact a
different orientation towards South African law and constitutionalism, than
is presently the case.4
Modiri CRT developed from Critical Law Studies (CLS) and looks at the
position of different races in society and how societal structures and
patterns impact on their equality. 5 The Article identifies the problem of
reconstituting a new polity and a new law in South Africa. 6 Informed by
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.
3 Kroeze IJ Legal philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2017) 175.
4 Modiri 2018 SAJHR 324.
5 Kroeze Legal philosophy 183.
6 Modiri 2018 SAJHR 304.
