1. LEGAL PHILOSOPHY DISCUSSION CLASS
PROF IJ KROEZE
SCHOOL OF LAW

13. 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

16. 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