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LJU4801 EXAMINATION/ PORTFOLIO FOR 2022 SEMESTER 01
, Question 1
The concerned article explains that Modiri makes use of critical race theory (CRT),
colonial studies, and African jurisprudence.1 This is how the limits and failures of post-
apartheid constitutional democracy, the origin, spirit and substance of the constitution
are flawed political, conceptual and ideological mistakes that impede a decolonized and
liberated future. This is to allow a critical investigation into what is based on. 2
The basis or roots of critical theory is the question of general ideas. 3 Modiri utilizes
conquest (especially the economic power of whites) as a framework and foundation,
and differs in the jurisprudence that arises from the historically colonized black
experience and the intellectual heritage of African philosophy and black radical ideas.
Raise questions and more South African law and constitutionalism than it is today. 4
Developed from the Critical Roast Studies (CLS), the Modiri CRT explores the position
of different races in society and how social structures and patterns affect their equality. 5
This article identifies and indicates the issue of resurrecting new regimes and laws in
South Africa.6 Informed by the Settler Colonial Study, Modili has adopted a CRT "to
examine law outside of liberal constitutionalism." 7 This theory is seen as a quest for
alternative jurisprudence to the more conservative positivist jurisprudence in South
Africa.8
He uses CRT as an activist means to transform the social and legal system and
advocate a trans-court system for dealing with social inequality. 9 But given the
limitations of the law, we should not rely solely on rights, but on other tactics to bring
about participatory democracy.10
Question 2
Modiri states that it utilizes critical racing theory (CRT) and African law or African
philosophy (ALP).11 However, the approach in this article does not apply to ALP. This is
because it does not address ALP issues such as communitarianism, reconciliation, and
Ubuntu as a comparison or alternative to current philosophy. The article criticized the
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 306.
7
Modiri 2018 SAJHR 306.
8
Kroeze Legal philosophy 213.
9
Kroeze Legal philosophy 213.
10
Modiri 2018 SAJHR 323.
11
Modiri 2018 SAJHR 303
LJU4801 EXAMINATION/ PORTFOLIO FOR 2022 SEMESTER 01
, Question 1
The concerned article explains that Modiri makes use of critical race theory (CRT),
colonial studies, and African jurisprudence.1 This is how the limits and failures of post-
apartheid constitutional democracy, the origin, spirit and substance of the constitution
are flawed political, conceptual and ideological mistakes that impede a decolonized and
liberated future. This is to allow a critical investigation into what is based on. 2
The basis or roots of critical theory is the question of general ideas. 3 Modiri utilizes
conquest (especially the economic power of whites) as a framework and foundation,
and differs in the jurisprudence that arises from the historically colonized black
experience and the intellectual heritage of African philosophy and black radical ideas.
Raise questions and more South African law and constitutionalism than it is today. 4
Developed from the Critical Roast Studies (CLS), the Modiri CRT explores the position
of different races in society and how social structures and patterns affect their equality. 5
This article identifies and indicates the issue of resurrecting new regimes and laws in
South Africa.6 Informed by the Settler Colonial Study, Modili has adopted a CRT "to
examine law outside of liberal constitutionalism." 7 This theory is seen as a quest for
alternative jurisprudence to the more conservative positivist jurisprudence in South
Africa.8
He uses CRT as an activist means to transform the social and legal system and
advocate a trans-court system for dealing with social inequality. 9 But given the
limitations of the law, we should not rely solely on rights, but on other tactics to bring
about participatory democracy.10
Question 2
Modiri states that it utilizes critical racing theory (CRT) and African law or African
philosophy (ALP).11 However, the approach in this article does not apply to ALP. This is
because it does not address ALP issues such as communitarianism, reconciliation, and
Ubuntu as a comparison or alternative to current philosophy. The article criticized the
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 306.
7
Modiri 2018 SAJHR 306.
8
Kroeze Legal philosophy 213.
9
Kroeze Legal philosophy 213.
10
Modiri 2018 SAJHR 323.
11
Modiri 2018 SAJHR 303
