LEGAL PHILOSOPHY DISCUSSION CLASS

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Presentation transcript:

LEGAL PHILOSOPHY DISCUSSION CLASS PROF IJ KROEZE SCHOOL OF LAW

Ontological question (What is the nature of existence?) Epistemological question (How do we know?) Natural law Observable/not-observable Pre-political Metaphysical Determines the validity of law Human reason Rationality Not observation Ideas (Plato) Forms (Aristotle) God (Aquinas) Finnis? Mathematics Bible Custom Legal positivism Only what we can see Created by humans Can be the basis for law Human reason + observation Epistemological theory of separation of law and morality Hart as example African AND South African debate

Sceptical approach Role of power Interdisciplinary Interpretive turn Critical Legal Studies False consciousness Law is politics Let's talk about baseball (or films or books) Indeterminacy Critical Race Theory "White privilege" Race consciousness – law cannot be colour blind Intersectionality – role of storytelling Identity politics – race is not biological Critical Gender Theory Even if women think they are free, they are not – false consciousness Patriarchy "Masculine" ways of knowing is rejected – "feminist science" Identity politics – gender is not biological