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Week 1

Uploaded by

2016160885
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Week 1 LU 1

JURISPRUDENCE AND
ETHICS AFTER 1994
Introduction
The university as public space/ the neoliberal university/ the university
as site of conscience
Aim/ outcomes/ learning units
The objective and outcomes are set out on pages 2-3 in the Study Guide.
The overall aim of the module is to develop critical thinking, reading and writing competencies within the
context of jurisprudence. You should be able to reflect on socio-legal problems and to develop an
independent argument on relevant issues including transformation, social justice and ethics.

SUMMARY OF LEARNING UNITS


Learning unit 1: Jurisprudence and ethics after 1994
Learning unit 2: Natural law and Legal positivism
Learning unit 3: Legal formalism and critique
Learning unit 4: Social justice and constructive interpretation
Learning unit 5: Epistemic (in)justice and legal pluralism
Credits/ notional hours/ study
material/graduate attributes
Credits and notional hours
Credits 12
Notional hours 120 hours
Active weeks – 13
More or less 9 hours per week: Lectures: 2 hours, 7 hour-
- Reading (preparing for lectures/ assignments)
- Writing (summaries/ discourse maps/ assignments)
- Thinking
Study material
- See Study guide
- Blackboard
GA
- See Study guide p4
Assessment

ASSESSMENT TYPE (E.G. CONTRIBUTION TO


WRITTENOR MODULE MARK
ORAL OR
PRACTICAL)

Essay Written 50%


Paragraph Written 30%
Note Written 20%
SCHEDULE

PLEASE NOTE THAT SESSIONS WILL BE PRESENTED FACE-FACE AS WELL AS ONLINE VIA BB
AS A RULE:
MONDY LECTURES ARE SCHEDULED AS ONLINE LECTURES 11.10-12.00AM.
WEDNESDAY LECTURES AS FACE-TO-FACE, 7.10-8.00AM.
HOWEVER, SOME WEEKS MIGHT DIFFER, PLEASE SEE BELOW.
SHOULD THERE BE ANY CHANGES IN THIS SCHEDULE I WILL ANNOUNCE VIA BB.
FIRST QUARTER
WEEK 1 JURISPRUDENCE AND ETHICS AFTER 1994: THE UNIVERSITY
Monday 20/2 online’/Wednesday 22/2 face-to-face

WEEK 2 JURISPRUDENCE AND ETHICS AFTER 1994: THE AESTHETIC TURN/ SHIFT TO A PUBLIC-ORIENTATED RIGHTS DISCOURSE
Monday 27/ 2 online/ Wednesday 2/3 fac-to-face

WEEK 3 JURISPRUDENCE AND ETHICS AFTER 1994: THE TRC LEGAL HEARINGS
Narrated pp to be uploaded

WEEK 4 NATURAL LAW AND POSITIVISM


Monday 13/4 online/ Wednesday 15/4 Narrated pp to be uploaded

WEEK 5 20/3 and 22/3 GENERAL AND RESTRICTED JURISPRUDENCE


NARRATED PP TO BE UPLOADED

ASSESMENT 1 – NOTE (TRC/ NATURAL LAW AND POSITIVISM) (20%)


LEARNING UNIT 1: Jurisprudence and ethics after
1994
3 WEEKS
LEARNING OUTCOMES
•Students should be able to reflect critically from a jurisprudential and ethical angle on the shift from parliamentary sovereignty to constitutional supremacy that took place in the
1990’s.
•Students should be able to comment critically on neoliberal influence on the university and on the notion of the university as a site of conscience.
•Students should be able to engage critically with the Truth and Reconciliation Commission and the alternative understanding of law and ethics that it disclosed.
•Students should be able to comment on the notion of ‘transitional justice’ and reflect on it in the South African context.
•Additional outcomes may be added on Blackboard.

PRESCRIBED MATERIAL

•Dyzenhaus, D (1998) Truth, reconciliation and the apartheid legal order Cape Town: Juta selection.

•Le Roux, WB (2006) ‘The aesthetic turn in post-apartheid constitutional rights discourse’ Journal of South African Law,1:101-119.

•Van Marlek, K ‘“Life is not simply fact”: Aesthetics, atmosphere and the neoliberal university.’ (as appeared on Critical Legal Thinking blog, full article in (2019) Law and Critique
293)

•Van Marle, K (2022) ‘Universities as sites of conscience’ Space and culture 1-14.
•Veitch et al (2018) Jurisprudence. Themes and concepts London: Routledge 251-264.

Recommended material (study guide)


The university as public space vs
neoliberal governance
Van Marle (2018) “‘Life is not simply fact’: Aesthetics, atmosphere and the neoliberal university” Law and Critique
University as a ‘public space’ – public (Margaret Thatcher: there is no such thing as society, only individuals) common good/
democratic, active citizenship, participate public dialogue (GA? – entrepreneurship – neoliberal logic), contribution to society
Neoliberal logic and rationality have become common-sense university space
Spatial (in)justice relates to Epistemic (in)justice
Neoliberalism: Wendy Brown: everything is evaluated according to market principles; commodified
Anderson: neoliberal atmosphere
‘the individualisation of everyone’; ‘the privatisation of public troubles’ and ‘the requirement to make competitive choices at every
turn’ as ‘structural consequences’ of neoliberalism
Common sense/ accepted
‘The university then, instead of being a space where multiple views and knowledges are celebrated, becomes a space where only a
certain way of knowing, being and doing is recognised – the university becomes a very specific place of exclusion and limitation.’
Law faculty/ Law curriculum – critical thinking/ humanities discipline (legal science – social science (humanities)
Humanities: epistemplogical and ontological reflexivity; power; reading and interpretating
Different aesthetic: ‘life is not simply fact’
The university as site of conscience
• Van Marle (2022) ‘University spaces as sites of conscience’ Space and
Culture
• Abstract
Universities as spaces of conscience.
Reminders of past violence, marginalization, exclusion; also of ethical
accountability and redress.
Reinterpretation.
UFS
Haunting, sense of place, atmosphere

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