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Jurisprudence - Article by Henry Strauss; Candidate Attorney, Litigation
16 October 2020
303
This article aims to recognise our perception of justice, abstract justice and real justice. It is impossible to provide for every eventuality that legal discourse creates. We need to make use of a multidisciplinary approach in developing our ideas on what is justifiable in contemporary South African society. In developing an alternative jurisprudence, it seems logical to take into account incorporating and developing alternative ways of thought in both courts and practice. This would mean changing our way of thinking about how African ideals and South African culture play an ever-increasing role in defining the landscape of Transformative Constitutionalism as an ideal we are striving to achieve.
In developing a universal understanding of the law, we need to “re-enchant” our conscious understanding of the law. A broadened understanding means recognising how the scope of other disciplines such as culture, language, literature and politics influences the law. A contemporary Jurisprudence aims to recognise that the law is not stagnant, ever-developing and should serve the society it wishes to change.
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