Volume: Volume 23 - 2019

Article type: Refereed article

Author/s: Van Marle, Karin

The main aim of this article is to reflect tentatively on the importance of a continuing critical jurisprudence. By thinking about the lives and legacies of the late Nelson Rolihlahla Mandela and his second wife, Winnie Madikizela Mandela, the author seeks to reconsider a specific kind of critical jurisprudence, with particular attention to the issue of constitutionalism. She argues for a critical jurisprudence that responds to the many complexities that South African society faces, with nuance - not broad strokes and generalizations but with care, neither aggressive nor defensive; and with thought, not strategic or calculated. This third position also has an important, albeit minor, place in legal scholarship and legal education, and most pertinently in the LLB curriculum.

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