LJU4801
ASSIGNMENT 3
SEMESTER 1 – 2022
, Question 1
Modiri’s philosophical approach
Modiri advocates the Critical Race Theory (CRT) which has its origins in various
political movements going back to the anti-slavery movement, the civil rights
movement and the liberation movements in Africa.1 Here Modiri advocates on the CRT
which looks at the position of different races in society and how societal structures and
patterns impact on their equality. From this theory, Modiri draw the outlines of a
historical, political and ethical critique of the South African constitution. He argues that
South Africa’s constitutional democracy has over the years been rendered empty by
the absence of concrete historical justice and the non-realisation of an emancipatory
experience of freedom and dignity in the lives of the Black majority.2
The author investigates how South Africa has been dominated by white supremacy as
whites are at the top of social hierarchy while blacks are at the lowest rendering them
to be powerless. Modiri develops an account of the critique of constitutionalism with
an emphasis on how such critiques reconceptualise the traditional historical
periodization upon which the constitution is premised, insert black radical and
Africanist imaginaries and vocabularies into legal and political thinking, unearth the
ideological presupposition of the post-1994 constitutional dispensation, and issue
uncompromising demands for concrete justice and fundamental change.3 Based on
this premise, Modiri shows that racial dominance still exists even in the present and
that there is inequality amongst different races and constitutional democracy has left
white supremacy ignored.
1 Kroeze IJ Legal philosophy: Only study guide for LJU4801 (Unisa Pretoria 2017) 201.
2 Modiri JM "Conquest and constitutionalism: First thoughts on an alternative jurisprudence" 2018
SAJHR 300 – 325 300.
3 Modiri 2018 SAJHR 301.
ASSIGNMENT 3
SEMESTER 1 – 2022
, Question 1
Modiri’s philosophical approach
Modiri advocates the Critical Race Theory (CRT) which has its origins in various
political movements going back to the anti-slavery movement, the civil rights
movement and the liberation movements in Africa.1 Here Modiri advocates on the CRT
which looks at the position of different races in society and how societal structures and
patterns impact on their equality. From this theory, Modiri draw the outlines of a
historical, political and ethical critique of the South African constitution. He argues that
South Africa’s constitutional democracy has over the years been rendered empty by
the absence of concrete historical justice and the non-realisation of an emancipatory
experience of freedom and dignity in the lives of the Black majority.2
The author investigates how South Africa has been dominated by white supremacy as
whites are at the top of social hierarchy while blacks are at the lowest rendering them
to be powerless. Modiri develops an account of the critique of constitutionalism with
an emphasis on how such critiques reconceptualise the traditional historical
periodization upon which the constitution is premised, insert black radical and
Africanist imaginaries and vocabularies into legal and political thinking, unearth the
ideological presupposition of the post-1994 constitutional dispensation, and issue
uncompromising demands for concrete justice and fundamental change.3 Based on
this premise, Modiri shows that racial dominance still exists even in the present and
that there is inequality amongst different races and constitutional democracy has left
white supremacy ignored.
1 Kroeze IJ Legal philosophy: Only study guide for LJU4801 (Unisa Pretoria 2017) 201.
2 Modiri JM "Conquest and constitutionalism: First thoughts on an alternative jurisprudence" 2018
SAJHR 300 – 325 300.
3 Modiri 2018 SAJHR 301.
