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Legal Philosophy - LJU4801
ASSIGNMENT 3 OF PORTFOLIO
2022
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE
ANSWER
QUESTION 1
1. Provide a summary explaining what philosophical approach
Modiri is advocating and the reasons for his approach. (Max 300
words.) (10)
Modiri claims to be influenced by Critical Race Theory (CRT), settler-colonial studies, and African law
in this work.1 The author aims to provide a critical analysis of the limits imposed and failures of
'post'-apartheid constitutional democracy, specifically how the constitution's origins, spirit, and
content are based on flawed political, conceptual, and ideological foundations that preclude a
decolonised and liberated future.2
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.
Legal Philosophy - LJU4801
ASSIGNMENT 3 OF PORTFOLIO
2022
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE
ANSWER
QUESTION 1
1. Provide a summary explaining what philosophical approach
Modiri is advocating and the reasons for his approach. (Max 300
words.) (10)
Modiri claims to be influenced by Critical Race Theory (CRT), settler-colonial studies, and African law
in this work.1 The author aims to provide a critical analysis of the limits imposed and failures of
'post'-apartheid constitutional democracy, specifically how the constitution's origins, spirit, and
content are based on flawed political, conceptual, and ideological foundations that preclude a
decolonised and liberated future.2
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.
