MODIRI ARTICLE
Questions
1.
The author Modiri attempts to comprehend the constraints and inadequacies of the
1996 constitutional democracy, namely how it fails to decolonize and liberate South
Africa due to defective political, intellectual, and ideological assumptions. 1 Modiri
used the Critical Race Theory (CRT), Critical legal Studies (CLS) and African Legal
philosophy (ALP) approaches in order to express his philosophy. 2 The article is
mainly composed of all foundational principles or aspects of critical theory, which is
the examination of dominant ideas.3
Modiri argues in his article, using expansionism as a human skull, that jurisprudence
based on the experience of time immemorial colonized Black people, and also
intellectual aftermaths of African philosophy and black radical introspection, would
raise different questions and endorse a different approach to our law and
constitutionalism than it is nowadays.4
Modiri employed the CRT approach, which sprang from CLS, to examine
jurisprudence outside of liberal constitutionalism 5 and he investigated the role of race
in society, as well as how societal traditions and systems affect equality. 6 CRT is a
technique that Modiri employs to influence the social and legal systems, calling for a
system that extends beyond the courts to solve social inequalities. 7 However, due to
legal limits, one should not rely solely on rights but should also employ other
measures of achieving participatory democracy.8
2.
1
Modiri JM, ‘Conquest and constitutionalism: first thoughts on an alternative jurisprudence’
(2018) 34(3) SAJHR 300-325, 303.
2
Modiri, (2018) SAJHR 303.
3
Kroeze IJ, Legal philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2020) 175.
4
Modiri, (2018) SAJHR 324.
5
Modiri, (2018) SAJHR 306.
6
Kroeze, Legal philosophy 183.
7
Kroeze, Legal philosophy 213.
8
Modiri, (2018) SAJHR 323.
, It might be claimed that, despite Modiri's efforts to reveal his argument using CRT,
CLS, and ALP modus operandi. 9 For starters, the article is invalid in terms of CRT
attributes. Modiri critiqued the 1996 Constitutional failings based on historical study,
however this does not specifically support or explain the principles that compose the
CRT theories.10 The CRT is distinguished by its skeptical approach,
interdisciplinarity, power role, and interpretive turn. 11 On the sceptical's side, which
advocates for a new way of addressing racial issues that necessitates new
configurations of knowledge and an understanding that the law and legal thought
influence our perceptions of race.12 Modiri discusses the colonial invasion of South
Africa and the existence of White privilege under the Constitutional period in the
piece in his article.13
Regarding the role of power, the CRT contends that the legal standards are not
colorblind, and that the subject of race must be confronted explicitly in legal terms in
the form of race-consciousness.14 Modiri's article is worried about the effects of white
supremacy on power and the system, which transcends beyond the legal and
political arenas.15 Moreover, Modiri didn't really acknowledge how the Constitution or
the judiciary sustain these practices. Concerning interdisciplinarity, the CRT employs
a descriptive and interpersonal style, which allows for a broader range of viewpoints
in legal analysis.16 The article mixes history, politics, and legal philosophy to criticize
the Constitution.17 Somewhat on interpretive turn: CRT sages argue that, in light of
previous discrimination, the notion that race is not a factor in law makes little sense.
As a result, in order to comprehend racial discrimination, we must reconsider texts
and customs.18 However, Modiri did not acknowledge how the Constitution or the
judiciary sustain these practices.
The ALP is yet another philosophical concept that Modiri's article rejects. The ALP
stands for Communitarianism, Reconciliation, and Ubuntu. Because of the
9
Modiri, (2018) SAJHR 303.
10
Modiri, (2018) SAJHR 317.
11
Kroeze, Legal philosophy 205-11.
12
Kroeze, Legal philosophy 205.
13
Modiri, (2018) SAJHR 313.
14
Kroeze, Legal philosophy 207.
15
Modiri, (2018) SAJHR 304.
16
Kroeze, Legal philosophy 211.
17
Modiri, (2018) SAJHR 323.
18
Kroeze, Legal philosophy 209.
Questions
1.
The author Modiri attempts to comprehend the constraints and inadequacies of the
1996 constitutional democracy, namely how it fails to decolonize and liberate South
Africa due to defective political, intellectual, and ideological assumptions. 1 Modiri
used the Critical Race Theory (CRT), Critical legal Studies (CLS) and African Legal
philosophy (ALP) approaches in order to express his philosophy. 2 The article is
mainly composed of all foundational principles or aspects of critical theory, which is
the examination of dominant ideas.3
Modiri argues in his article, using expansionism as a human skull, that jurisprudence
based on the experience of time immemorial colonized Black people, and also
intellectual aftermaths of African philosophy and black radical introspection, would
raise different questions and endorse a different approach to our law and
constitutionalism than it is nowadays.4
Modiri employed the CRT approach, which sprang from CLS, to examine
jurisprudence outside of liberal constitutionalism 5 and he investigated the role of race
in society, as well as how societal traditions and systems affect equality. 6 CRT is a
technique that Modiri employs to influence the social and legal systems, calling for a
system that extends beyond the courts to solve social inequalities. 7 However, due to
legal limits, one should not rely solely on rights but should also employ other
measures of achieving participatory democracy.8
2.
1
Modiri JM, ‘Conquest and constitutionalism: first thoughts on an alternative jurisprudence’
(2018) 34(3) SAJHR 300-325, 303.
2
Modiri, (2018) SAJHR 303.
3
Kroeze IJ, Legal philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2020) 175.
4
Modiri, (2018) SAJHR 324.
5
Modiri, (2018) SAJHR 306.
6
Kroeze, Legal philosophy 183.
7
Kroeze, Legal philosophy 213.
8
Modiri, (2018) SAJHR 323.
, It might be claimed that, despite Modiri's efforts to reveal his argument using CRT,
CLS, and ALP modus operandi. 9 For starters, the article is invalid in terms of CRT
attributes. Modiri critiqued the 1996 Constitutional failings based on historical study,
however this does not specifically support or explain the principles that compose the
CRT theories.10 The CRT is distinguished by its skeptical approach,
interdisciplinarity, power role, and interpretive turn. 11 On the sceptical's side, which
advocates for a new way of addressing racial issues that necessitates new
configurations of knowledge and an understanding that the law and legal thought
influence our perceptions of race.12 Modiri discusses the colonial invasion of South
Africa and the existence of White privilege under the Constitutional period in the
piece in his article.13
Regarding the role of power, the CRT contends that the legal standards are not
colorblind, and that the subject of race must be confronted explicitly in legal terms in
the form of race-consciousness.14 Modiri's article is worried about the effects of white
supremacy on power and the system, which transcends beyond the legal and
political arenas.15 Moreover, Modiri didn't really acknowledge how the Constitution or
the judiciary sustain these practices. Concerning interdisciplinarity, the CRT employs
a descriptive and interpersonal style, which allows for a broader range of viewpoints
in legal analysis.16 The article mixes history, politics, and legal philosophy to criticize
the Constitution.17 Somewhat on interpretive turn: CRT sages argue that, in light of
previous discrimination, the notion that race is not a factor in law makes little sense.
As a result, in order to comprehend racial discrimination, we must reconsider texts
and customs.18 However, Modiri did not acknowledge how the Constitution or the
judiciary sustain these practices.
The ALP is yet another philosophical concept that Modiri's article rejects. The ALP
stands for Communitarianism, Reconciliation, and Ubuntu. Because of the
9
Modiri, (2018) SAJHR 303.
10
Modiri, (2018) SAJHR 317.
11
Kroeze, Legal philosophy 205-11.
12
Kroeze, Legal philosophy 205.
13
Modiri, (2018) SAJHR 313.
14
Kroeze, Legal philosophy 207.
15
Modiri, (2018) SAJHR 304.
16
Kroeze, Legal philosophy 211.
17
Modiri, (2018) SAJHR 323.
18
Kroeze, Legal philosophy 209.
