Open AccessPOSITIONING RACE AT THE CENTRE OF LEGAL DISCOURSE IN POST-APARTHEID SOUTH AFRICA: DISSECTING CLIFF V ELECTRONIC MEDIA (PTY) LTD AND THE LAND REFORM CRISIS
Author(s) -
hlelo Nhleko
Publication year - 2016
Publication title -
pretoria student law review
Language(s) - English
Resource type - Journals
ISSN - 1998-0280
DOI - 10.29053/pslr.v10i.1961
Subject(s) - jurisprudence , critical race theory , neutrality , law , sociology , race (biology) , white supremacy , political science , hegemony , law reform , objectivity (philosophy) , gender studies , epistemology , politics , philosophy
In this paper, I critique the manner in which law rationalises Black subordination and white supremacy through its assumption of racial neutrality and ontological equality.4 I seek to postulate the need for a culture of critique within South African jurisprudence and further challenge hegemonic liberal notions of ‘justice’ and the existing ‘reconciliation’ discourse. The calls for a ‘race conscious’ and general jurisprudence shall be advanced through the epistemological paradigm of Critical Race Theory which offers a politicised account of the law through the acknowledgment of the centrality of race in law and through debunking claims of law’s neutrality and objectivity.5