LJU4801 ASSIGNMENT 03 - PORTFOLIO

LJU4801 ASSIGNMENT 03 - PORTFOLIO LEGAL PHILOSOPHY – LJU4801 ASSIGNMENT 03 - PORTFOLIO STUDENT NAME STUDENT NUMBER ACADEMIC HONESTY DECLARATION Declaration: ............................................. i. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard. ii. I declare that this assignment is my own, original work. Where I have used someone else’s work, I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in, this assignment from the work or works of other people has been referenced according to this style. iii. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off as his or her own work. iv. I did not make use of another student’s work and submit it as my own. NAME: Veronica James Naidoo ………………………………………………………… SIGNATURE: STUDENT NUMBER: ………………………………………………………… MODULE CODE: LJU4801..………………………………………………………………. DATE: 29.04.2018……………………………………………………………………………. Page 1 of 24 Question 1 The main philosophical argument in this article is based on the critical race theory and critical legal studies. The notion of race continues to permeate every aspect of both public and private life in South Africa. Racism is an inherent part of South Africa’s society. Race is not an element of human biology, nor is it an idea, but an ideology.1 Society is not based on merit, nor is it neutral or objective.2 Society is not colour-bind, in that race insinuates itself into our responses to situations and people.3 When addressing the issue of racial discrimination, it must be addressed from a historical perspective and a contextual understanding of the law.4 From a critical legal studies perspective the law is no longer neutral or rational. The law is politics. . “Racial categories remain inscribed in our law and in official policies. While race was previously the locus of “white” privilege, race has now become the site of redress”.5 The intersection between race and the law goes beyond the disciplinary boundaries of law.6 If we insist that race is absolutely irreverent and superfluous, how can the powerful effects of past and ongoing racial discrimination be addressed.7 The experiences and consciousness of people of colour must be taken into consideration 1 De Vos P "The past is unpredictable: race, redress and remembrance in the South African constitution" 2012 South African Law Journal 73. 2 De Vos 2012 SALJ 77. “Criticism of a “black” candidate by a “white” lawyer, journalist or academic will often be perceived by other black persons as being based on negative racial stereotypes and assumptions.” 3 De Vos 2012 SALJ 78. 4 De Vos 2012 SALJ 78. “While South Africa has emerged from a period in its history in which race of every individual played a decisive role in determining their life chances, allocating social status and economic benefits on the basis of race in terms of a rigid hierarchical system according to which every person was classified by the